Elections; various changes made related to election administration, absentee voting, timelines, and technical and clarifying changes; and money appropriated.

A bill for an act

relating to elections; making various changes related to election administration;

modifying provisions related to absentee voting; modifying timelines; making

technical and clarifying changes; appropriating money; amending Minnesota

Statutes 2024, sections 203B.05, subdivision 1; 203B.06, subdivision 3; 203B.065;

204B.27, subdivision 2; 204C.26, subdivisions 2, 4; 205.185, subdivision 3;

205A.10, subdivision 3; Minnesota Statutes 2025 Supplement, sections 203B.30,

subdivisions 2, 3; 375.20; proposing coding for new law in Minnesota Statutes,

chapter 204D; repealing Minnesota Statutes 2024, section 5.31.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 203B.05, subdivision 1, is amended to read:

Subdivision 1.

Generally.

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(a)
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The full-time clerk of any city or town shall administer

the provisions of sections
203B.04
to
203B.15
and
203B.30
if:

(1) the county auditor of that county has designated the clerk to administer them; or

(2) the clerk has given the county auditor of that county notice of intention to administer

them.

The designation or notice must specify whether the clerk will be responsible for the

administration of a ballot board as provided in section
203B.121
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and whether the

municipality's office will be designated to administer voting under section 203B.081 starting

on the 46th day before the election or the 18th day before the election
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.

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(b)
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A clerk of a city that is located in more than one county may only administer the

provisions of sections
203B.04
to
203B.15
and
203B.30
if the clerk has been designated

by each of the county auditors or has provided notice to each of the county auditors that the

city will administer absentee voting. A clerk may only administer the provisions of sections

203B.04
to
203B.15
and
203B.30
if the clerk has technical capacity to access the statewide

voter registration system in the secure manner prescribed by the secretary of state. The

secretary of state must identify hardware, software, security, or other technical prerequisites

necessary to ensure the security, access controls, and performance of the statewide voter

registration system. A clerk must receive training approved by the secretary of state on the

use of the statewide voter registration system before administering this section. A clerk may

not use the statewide voter registration system until the clerk has received the required

training. The county auditor must notify the secretary of state of any municipal clerk who

will be administering the provisions of this section and the duties that the clerk will

administer.

Sec. 2.

Minnesota Statutes 2024, section 203B.06, subdivision 3, is amended to read:

Subd. 3.

Delivery of ballots.

(a) The county auditor, municipal clerk, school district

clerk, or full-time clerk of any city or town administering an election pursuant to section

203B.05
, shall mail absentee ballots to voters on the permanent absentee ballot list pursuant

to section
203B.04, subdivision 5
, on the following timelines:

(1) except as otherwise provided by this section, at least 46 days before each regularly

scheduled primary and general election and each special primary and special election;

(2) as soon as practicable for a special election held pursuant to section
204D.19
,

subdivisions 2 and 3; and

(3) at least 30 days before a town general election held in March.

(b) The commissioner of corrections must provide the secretary of state with a list of

the names and mailing addresses of state adult correctional facilities. An application for an

absentee ballot that provides an address included on the list provided by the commissioner

of corrections must not be accepted and an absentee ballot must not be provided to the

applicant. The county auditor or municipal clerk must promptly transmit a copy of the

application to the county attorney. The Department of Corrections must implement procedures

to ensure that absentee ballots issued under this chapter are not received or mailed by

offenders incarcerated at state adult correctional facilities.

(c) If an application for absentee ballots is accepted at a time when absentee ballots are

not yet available for distribution, the county auditor, or municipal clerk accepting the

application shall file it and as soon as absentee ballots are available for distribution shall

mail them to the address specified in the application. If an application for absentee ballots

is accepted when absentee ballots are available for distribution, the county auditor or

municipal clerk accepting the application shall promptly:

(1) mail the ballots to the voter whose signature appears on the application if the

application is submitted by mail and does not request commercial shipping under clause

(2);

(2) ship the ballots to the voter using a commercial shipper requested by the voter at the

voter's expense;

(3) deliver the absentee ballots directly to the voter if the application is submitted in

person; or

(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has been

designated to bring the ballots, as provided in section
203B.11, subdivision 4
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, to a voter

who would have difficulty getting to the polls because of incapacitating health reasons, or

who is disabled, or who is a patient in a health care facility, a resident of an assisted living

facility licensed under chapter 144G, a participant in a residential program for adults licensed

under section
245A.02, subdivision 14
, or a resident of a shelter for battered women as

defined in section
611A.37, subdivision 4
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.

(d) If an application does not indicate the election for which absentee ballots are sought,

the county auditor or municipal clerk shall mail or deliver only the ballots for the next

election occurring after receipt of the application. Only one set of ballots may be mailed,

shipped, or delivered to an applicant for any election, except as provided in section
203B.121,

subdivision 2
, or when a replacement ballot has been requested by the voter for a ballot that

has been spoiled or lost in transit.

Sec. 3.

Minnesota Statutes 2024, section 203B.065, is amended to read:

203B.065 USING THE REGISTRATION SYSTEM.

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(a)
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Upon accepting an application for a
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state
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primary or
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state
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general election, the county

auditor or municipal clerk shall record in the statewide voter registration system the voter's

name, date of birth, address of residence in Minnesota, mailing address, Minnesota driver's

license or state identification number, or the last four digits of the voter's Social Security

number, if provided by the voter. Upon acceptance of an absentee ballot application of a

voter who is registered to vote at an address different from the residential address certified

on the absentee ballot application, the voter registration record with the previous address

shall be challenged. Once the absentee ballot has been transmitted to the voter, the method

of transmission and the date of transmission must be recorded.

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(b)
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Upon receipt of a returned absentee ballot for a
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state
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primary or
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state
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general election,

the county auditor or municipal clerk shall record in the statewide voter registration system

that the voter has returned the ballot.

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(c)
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Upon receipt of notice that the ballot board has accepted or rejected the absentee

ballot for a
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state
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primary or
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state
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general election, the county auditor or municipal clerk

shall record in the statewide voter registration system whether the ballot was accepted or

rejected, and if rejected, the reason for rejection. If a replacement ballot is transmitted to

the voter, the county auditor or municipal clerk shall record this in the statewide voter

registration system.

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(d)
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The labels provided for envelopes used for transmitting an absentee ballot to and

from an applicant for an absentee ballot for a
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state
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primary or
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state
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general election must

contain bar codes generated by the statewide voter registration system to facilitate the

recording required under this section. A county auditor or municipal clerk entering

information into the statewide voter registration system under this section must include the

information provided on the bar code label whenever information is entered into the system.

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(e) The requirements in this section do not apply to a town election held in March,

however the system may be used to administer absentee voting in such an election.

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EFFECTIVE DATE.

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This section is effective September 1, 2027.

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Sec. 4.

Minnesota Statutes 2025 Supplement, section 203B.30, subdivision 2, is amended

to read:

Subd. 2.

Voting procedure.

(a) When a voter appears in an early voting polling place,

the voter must state the voter's name, address, and, if requested, the voter's date of birth to

the early voting official. The early voting official must confirm that the voter's registration

is current in the statewide voter registration system and that the voter has not already cast

a ballot in the election. If the voter's status is challenged, the voter may resolve the challenge

as provided in section
204C.12
. An individual who is not registered to vote must register

and a voter whose name or address has changed must update the voter's registration in the

manner provided in section
201.061, subdivision
3. A voter who has already cast a ballot

in the election must not be provided with a ballot.

(b) Each voter must sign the certification provided in section
204C.10
. The signature of

an individual on the voter's certificate and the issuance of a ballot to the individual is evidence

of the intent of the individual to vote at that election. After the voter signs the certification,

two early voting officials must initial the ballot and issue it to the voter.
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The early voting

official must maintain a printed copy of the voter certificate.
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The voter must immediately

retire to a voting station or other designated location in the polling place to mark the ballot.

The voter must not take a ballot from the polling place. If the voter spoils the ballot, the

voter may return it to the early voting official in exchange for a new ballot. After completing

the ballot, the voter must deposit the ballot into the ballot counter and ballot box. The early

voting official must immediately record that the voter has voted in the manner provided in

section
203B.121, subdivision 3
.

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EFFECTIVE DATE.

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This section is effective upon the revisor of statutes' receipt of

the early voting certification and applies to elections held on or after the 85th day after the

revisor of statutes receives the certification.

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Sec. 5.

Minnesota Statutes 2025 Supplement, section 203B.30, subdivision 3, is amended

to read:

Subd. 3.

Processing of ballots.

Each day when early voting occurs, the early voting

officials must:

(1) remove and secure ballots cast, noting the date, voting location, and number of ballots

cast;

(2) without inspecting the ballots,
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using the procedures in section 204C.20, subdivisions

1 to 4,
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ensure that the number of ballots removed from the ballot box is equal to the number

of voter certificates that were signed by voters in subdivision 2, paragraph (b); and

(3) seal and secure all voted and unvoted ballots
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and signed voter certificates
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present in

that location at the end of the day.

The ballot board must count the ballots after the polls have closed on election day following

the procedures in section
203B.121, subdivision 5
, paragraph (b).

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EFFECTIVE DATE.

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This section is effective upon the revisor of statutes' receipt of

the early voting certification and applies to elections held on or after the 85th day after the

revisor of statutes receives the certification.

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Sec. 6.

Minnesota Statutes 2024, section 204B.27, subdivision 2, is amended to read:

Subd. 2.

Election law and instructions.

The secretary of state shall prepare and publish

a volume containing all state general laws relating to elections. The attorney general shall

provide annotations to the secretary of state for this volume. On or before
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August 1 of every

odd-numbered
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July 15 of each
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year the secretary of state shall
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furnish to the county auditors

and municipal clerks enough copies of this volume so that each county auditor and municipal

clerk will have at least one copy. On or before July 1 of every even-numbered year, the

secretary of state shall
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prepare and make an electronic copy
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of this volume
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available on the

office's website. The secretary of state may prepare and transmit to the county auditors and

municipal clerks detailed written instructions for complying with election laws relating to

the conduct of elections, conduct of voter registration and voting procedures.

Sec. 7.

Minnesota Statutes 2024, section 204C.26, subdivision 2, is amended to read:

Subd. 2.

Summary statements; contents.

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(a)
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The blank summary statement forms

furnished to each precinct shall identify the precinct, ward number if any, city, school district

if applicable, or town, date, and kind of election and, under appropriate headings identifying
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each color ballot
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, shall contain spaces for the election judges to enter the information required

by section
204C.24, subdivision 1
.

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(b)
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Each blank summary statement form shall also contain a certificate to be signed by

the election judges stating that the national flag was displayed on a suitable staff during

voting hours; that all of the ballots cast were properly piled, checked, and counted; and that

the numbers entered by the election judges on the summary statements correctly show the

number of votes cast for each candidate and for and against each question.

Sec. 8.

Minnesota Statutes 2024, section 204C.26, subdivision 4, is amended to read:

Subd. 4.

Envelopes for counted ballots.

Each official responsible for printing ballots

shall also furnish envelopes to contain those ballots after they have been counted. The

envelopes shall be made of heavy paper, printed or marked to distinguish
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the color of
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the

ballots to be contained in them. They shall be of convenient size to hold the ballots and

shall be furnished at the same time and in the same manner as the ballots.

Sec. 9.

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[204D.40] SPECIAL ELECTIONS; REIMBURSEMENT OF LOCAL

EXPENSES; APPROPRIATION.

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Subdivision 1.

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Reimbursable expenses for local governments.

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The secretary of state

must reimburse counties and municipalities for expenses incurred in administering a special

primary or special election for a state or federal office not held in conjunction with a state

primary or state general election. Reimbursable expenses include:

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(1) preparation and printing of ballots;

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(2) postage for absentee ballots;

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(3) publication of notices to voters;

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(4) preparation of polling places, not to exceed $150 per polling place unless otherwise

authorized by the secretary of state;

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(5) preparation of electronic voting systems, not to exceed $100 per precinct unless

otherwise authorized by the secretary of state;

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(6) compensation for temporary staff or overtime payments;

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(7) salaries of election judges;

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(8) compensation of county or municipal canvassing board members; and

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(9) other expenses approved by the secretary of state.

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Subd. 2.

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Submission of requests for reimbursement.

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(a) Within 60 days after the

results of a special election are certified, the county auditor must submit to the secretary of

state a request for payment of costs incurred by the county, and the municipal clerk must

submit a request for payment of costs incurred by the municipality.

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(b) Each request must:

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(1) be accompanied by an itemized statement of actual expenditures; and

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(2) include copies of invoices and a certification that the expenses were incurred in the

administration of the special election.

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Subd. 3.

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Forms and issuance.

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(a) The secretary of state must provide counties and

municipalities with appropriate forms for requesting reimbursement and certifying expenses.

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(b) The secretary of state must not reimburse expenses unless the request and certification

have been submitted as provided in this section.

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(c) The secretary of state must complete the issuance of reimbursements no later than

90 days after the results of the special election have been certified.

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Subd. 4.

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Appropriation.

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The amounts necessary for the secretary of state to reimburse

local governments for special election expenses under this section are appropriated annually

from the general fund to the secretary of state.

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EFFECTIVE DATE.

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This section is effective for special elections for which a writ is

issued on or after July 1, 2026.

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Sec. 10.

Minnesota Statutes 2024, section 205.185, subdivision 3, is amended to read:

Subd. 3.

Canvass of returns, certificate of election, ballots, disposition.

(a) Between

the third and
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tenth
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14th
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days after an election, the governing body of a city conducting any

election including a special municipal election, or the governing body of a town conducting

the general election in November shall act as the canvassing board, canvass the returns, and

declare
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the candidate duly elected who received the highest number of votes for each

municipal office and
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the results of
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the election
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any ballot questions
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. The governing body

of a town conducting the general election in March shall act as the canvassing board, canvass

the returns, and declare
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the candidate duly elected who received the highest number of votes

for each town office and
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the results of
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the election
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any ballot question
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within two days after

an election.

(b) After the time for contesting elections has passed, the municipal clerk shall issue a

certificate of election to each successful candidate. In case of a contest, the certificate shall

not be issued until the outcome of the contest has been determined by the proper court.

(c) In case of a tie vote, the canvassing board having jurisdiction over the municipality

shall determine the result by lot. The clerk of the canvassing board shall certify the results

of the election to the county auditor, and the clerk shall be the final custodian of the ballots

and the returns of the election.

Sec. 11.

Minnesota Statutes 2024, section 205A.10, subdivision 3, is amended to read:

Subd. 3.

Canvass of returns, certificate of election, ballots, disposition.

Between the

third and
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tenth
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14th
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days after a school district election
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other than a recount of a special

election conducted under section
126C.17, subdivision 9
, or
475.59
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, the school board shall

canvass the returns and declare
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the candidate duly elected who received the highest number

of votes for each school district office and
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the results of
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the election
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any ballot question
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.
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The recounted results of a referendum conducted under section 126C.17, subdivision 9, or

475.59 must be certified by the canvassing board.
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After the time for contesting elections

has passed, the school district clerk shall issue a certificate of election to each successful

candidate. If there is a contest, the certificate of election to that office must not be issued

until the outcome of the contest has been determined by the proper court. If there is a tie

vote, the school board shall determine the result by lot. The clerk shall deliver the certificate

of election to the successful candidate by personal service or certified mail. The successful

candidate shall file an acceptance and oath of office in writing with the clerk within 30 days

of the date of mailing or personal service. A person who fails to qualify prior to the time

specified shall be deemed to have refused to serve, but that filing may be made at any time

before action to fill the vacancy has been taken. The school district clerk shall certify the

results of the election to the county auditor, and the clerk shall be the final custodian of the

ballots and the returns of the election.

A school district canvassing board shall perform the duties of the school board according

to the requirements of this subdivision for a recount of a special election conducted under

section
126C.17, subdivision 9
, or
475.59
.

Sec. 12.

Minnesota Statutes 2025 Supplement, section 375.20, is amended to read:

375.20 BALLOT QUESTIONS.

If the county board may do an act, incur a debt, appropriate money for a purpose, or

exercise any other power or authority, only if authorized by a vote of the people, the question

may be submitted at a special or general election, by a resolution specifying the matter or

question to be voted upon. If the question is to authorize the appropriation of money, creation

of a debt, or levy of a tax, it shall state the amount. Notice of the election shall be given as

in the case of special elections. If the question submitted is adopted, the board shall pass an

appropriate resolution to carry it into effect. In the election the form of the ballot shall be:

"Shall (here state the substance of the resolution to be submitted)?, Yes ...... No......,". The

county board may call a special county election upon a question to be held
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within
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at least
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84 days after a resolution to that effect is adopted by the county board.
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The special election

must be held on a uniform election date established in section 205.10, subdivision 3a.
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Upon

the adoption of the resolution the county auditor shall post and publish notices of the election,

as required by section
204D.22
, subdivisions 2 and 3. The election shall be conducted and

the returns canvassed in the manner prescribed by sections
204D.20
to
204D.27
, so far as

practicable.

Sec. 13.
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REPEALER.
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Minnesota Statutes 2024, section 5.31,

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is repealed.

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APPENDIX

Repealed Minnesota Statutes: H4240-1

5.31 STATEWIDE VOTER REGISTRATION SYSTEM.

The secretary of state may sell intellectual property rights associated with the statewide voter registration system to other states or to units of local government in other states. Receipts from the sale must be deposited in the state treasury and credited to the Help America Vote Act account.