Secretary of state to prepare and distribute a voter information guide prior to each statewide general election requirement

A bill for an act

relating to elections; requiring the secretary of state to prepare and distribute a

voter information guide prior to each statewide general election; providing a dispute

resolution procedure; authorizing rulemaking; proposing coding for new law as

Minnesota Statutes, chapter 213.

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

Section 1.

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[213.01] DEFINITIONS.

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(a) For purposes of this chapter, the terms in this section have the meanings given.

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(b) "Candidate" means an individual whose name is or is expected to be printed on the

official ballot.

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(c) "Guide" means the voter information guide as prescribed in this section.

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(d) "Measure" means a proposed amendment to the Minnesota Constitution submitted

to the people for their approval or rejection at an election.

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Sec. 2.

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[213.02] DISTRIBUTION AND POSTING OF VOTER INFORMATION

GUIDE.

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Subdivision 1.

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Distribution.

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(a) The secretary of state shall print and distribute a voter

information guide for every statewide general election as provided in this section. Not less

than 53 days before the general election, the secretary of state shall mail:

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(1) one printed copy of the voter information guide to every household where at least

one registered voter resides, as indicated by the statewide voter registration system at the

time of the mailing;

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(2) at least one copy to each public library in the state;

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(3) copies to each public college and university in the state; and

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(4) one or more copies to any other location the secretary deems appropriate.

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(b) A voter information guide is not required to be mailed to a voter who registered after

the 29th day before an election.

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(c) The secretary must make additional printed copies available upon request.

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Subd. 2.

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Posting.

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(a) Not less than 53 days before the general election, the secretary of

state must post a copy of the voter information guide on the secretary's website.

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(b) Consistent with section 213.03, the secretary of state must make the material required

to be distributed by this chapter available to the public in electronic form.

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Sec. 3.

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[213.03] ACCESSIBILITY.

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(a) The guide must, to the extent reasonably practicable:

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(1) be written in English and the three most commonly spoken non-English languages

as determined by the state demographer;

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(2) explain in each language that an electronic copy of the guide is publicly available in

those languages; and

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(3) provide the website address where the guide in each language can be found.

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(b) The statements required or permitted by paragraph (a) must be clearly readable. The

secretary of state must post an electronic version of the voter information guide on the

secretary's website.

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(c) The secretary of state shall prepare a recording of the voter information guide and

must make the recording available in English to any voter upon request, without cost.

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Sec. 4.

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[213.04] FORMAT; CONTENTS.

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Subdivision 1.

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Format and layout.

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(a) The secretary of state shall determine the format

and layout of the voter information guide. The guide must be printed in clear, readable type

on a size, quality, and weight of paper that, in the judgment of the secretary of state, best

serves the voters. The guide must contain a table of contents.

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(b) The secretary of state shall allocate space in the guide based on the number of

candidates or nominees for each office.

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(c) Pages on which candidates' photographs or statements appear must be clearly

identified with the words "Images and statements provided by the candidate."

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Subd. 2.

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Voter and election information.

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(a) The voter information guide must include

the following information:

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(1) the eligibility requirements for voting;

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(2) when a voter is required to register or update a voter registration;

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(3) a statement on the front or back cover of the voter information guide that voters may

take the guide into the polling place; and

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(4) any other information the secretary of state considers relevant to the conduct of the

election.

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(b) The voter information guide may include the following information:

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(1) maps showing the boundaries of state senate and state house of representatives

districts;

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(2) a voter registration form;

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(3) an absentee ballot application form; and

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(4) a copy of the Voter's Bill of Rights in section 204C.08, subdivision 1d.

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Subd. 3.

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Candidate and constitutional amendment information.

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(a) The voter

information guide must contain:

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(1) information about each proposed state constitutional amendment as required by

section 213.05;

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(2) a candidate statement and contact information, if submitted, from each candidate for

the offices of president and vice president of the United States, United States senator, United

States representative, governor and lieutenant governor, secretary of state, state auditor,

attorney general, state senator, state representative, justice of the supreme court, judge of

the state court of appeals, and judge of the district court;

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(3) contact information for the Campaign Finance and Public Disclosure Board, including

the following statement: "For a list of the people and organizations that donated to statewide,

legislative and judicial campaigns, visit cfb.mn.gov." The statement must be placed in a

prominent position, such as the first two pages of the voter information guide. The secretary

of state may modify the wording as is necessary for accuracy and clarity and consistent with

the intent of this section;

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(4) contact information for each major political party;

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(5) a list of each college and university in Minnesota, and their campus vote coordinator

and their contact information;

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(6) information on accessing an electronic copy of the voter information guide; and

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(7) any additional information pertaining to elections as may be required by law or rule.

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(b) If a candidate does not submit a candidate statement pursuant to this section, the

document shall include with the candidate's listing the words "No statement submitted."

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Subd. 4.

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Party preference.

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The voter information guide must list the political party

affiliation or political principle for each candidate appearing on the ballot, as identified on

the candidate's affidavit of candidacy or nominating petition. This subdivision does not

apply to judicial candidates.

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Subd. 5.

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Name of secretary of state, county auditor, or municipal clerk.

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The name

of the secretary of state, county auditor, or municipal clerk may not appear in the voter

information guide in their official capacity if the secretary, county auditor, or municipal

clerk is a candidate at the election for which the voter information guide is printed.

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Sec. 5.

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[213.05] CONSTITUTIONAL AMENDMENT PROVISIONS.

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(a) A state constitutional amendment proposal must be printed in the voter information

guide so that language proposed for deletion is enclosed by double parentheses and has a

line through it. Proposed new language must be underlined. A statement explaining the

deletion and addition of language must appear as follows: "Any language in double

parentheses with a line through it is the existing state constitution and will be taken out of

the constitution if this measure is approved by voters. Any underlined language does not

appear in the existing state constitution but will be added to the constitution if this measure

is approved by voters."

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(b) The voter information guide must provide the following information for each state

constitutional amendment proposal:

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(1) the bill numbers from the senate and house of representatives;

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(2) the official ballot title of the constitutional amendment proposal;

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(3) the total number of votes cast for and against the measure in the senate and house

of representatives, broken down by political party; and

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(4) the full text of the measure.

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Sec. 6.

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[213.06] ELECTRONIC FILING SYSTEM.

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The secretary of state by rule shall adopt an electronic filing system to allow photographs

and statements to be filed electronically.

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Sec. 7.

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[213.07] PHOTOGRAPHS; REQUIREMENTS.

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(a) All photographs of candidates submitted for publication must conform to standards

established by the secretary of state by rule. No photograph may reveal clothing or insignia

suggesting the holding of a public office. A candidate may not submit for inclusion in the

voter information guide a photograph that was taken more than four years before the date

the photograph is filed with the secretary of state. A photograph submitted for inclusion in

the guide must:

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(1) be a conventional photograph with a plain background;

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(2) show the face or the head, neck, and shoulders of the candidate; and

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(3) be prepared and processed for printing as prescribed by the secretary of state.

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(b) A photograph submitted for inclusion in the voter information guide may not:

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(1) include the hands or anything held in the hands of the candidate;

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(2) show the candidate wearing a judicial robe, a hat, or a military, police, or fraternal

uniform; or

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(3) show the uniform or insignia of any organization.

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(c) A photograph may include a hat or head covering that is religious in nature.

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(d) The secretary of state shall prescribe by rule the size and manner of placement of

the photograph printed in the voter information guide, except that the size of the printed

photograph shall not be smaller than 1.5 inches by 1.75 inches. The rule shall apply in the

same manner to all candidates for the same nomination or office.

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(e) All photographs shall be printed in black and white, but may be submitted by

candidates to the secretary of state in color.

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(f) Candidates for governor and lieutenant governor must submit two photographs as a

combined ticket: one of the candidate for governor and one of the candidate for lieutenant

governor. Candidates for president and vice president must submit two photographs as a

combined ticket: one of the candidate for president and one of the candidate for vice

president.

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Sec. 8.

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[213.08] CANDIDATE STATEMENTS.

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(a) The maximum number of words for statements submitted by candidates is as follows:

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(1) state representative, state senator, district court judge, 100 words;

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(2) judge of the court of appeals, justice of the supreme court, secretary of state, attorney

general, state auditor, 200 words; and

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(3) president and vice president, United States senator, United States representative,

governor and lieutenant governor, 300 words.

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(b) Governor and lieutenant governor candidates shall submit one statement as a combined

ticket. President and vice president candidates shall submit one statement as a combined

ticket.

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Sec. 9.

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[213.10] DEADLINE FOR SUBMISSION OF CANDIDATE STATEMENTS

AND PHOTOGRAPHS.

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The secretary of state may, by rule, set a deadline for submission of candidate statements

and photographs for inclusion in the voter information guide. The deadline for submission

of candidate statements and photographs must not be earlier than ten days immediately

following the deadline for filing affidavits of candidacy.

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Sec. 10.

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[213.11] REJECTION OR DISPUTE OF CANDIDATE STATEMENTS.

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Subdivision 1.

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References to other candidates.

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A candidate must not identify or

reference another candidate running for office at the same election in their candidate

statement. The secretary of state shall not include any portion of a candidate statement that

violates this subdivision.

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Subd. 2.

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Obscene or other prohibited material.

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If in the opinion of the secretary of

state any candidate statement submitted for inclusion in the voter information guide is

obscene or contains matter that is otherwise prohibited by law from distribution through

the mail, the secretary may petition the Minnesota Court of Administrative Hearings for a

determination that the argument or statement may be rejected for publication or edited to

delete the matter. The court shall not enter such an order unless it concludes that the matter

is obscene or otherwise prohibited for distribution through the mail.

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Subd. 3.

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Resolution of disputes.

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Parties to a dispute under this section may agree to

resolve the dispute by rephrasing the statement. The secretary shall promptly provide any

such revision to all parties of the dispute.

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Subd. 4.

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Court of Administrative Hearings procedure.

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In an action under this section

the campaign committee or candidate must be named as a defendant and may be served

with process by certified mail directed to the address contained in the secretary's records

for that party. The Court of Administrative Hearings shall give such an action priority on

its calendar.

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Sec. 11.

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[213.12] RULEMAKING.

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The secretary of state may adopt rules necessary to facilitate the administration of this

chapter.

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Sec. 12.
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EFFECTIVE DATE.
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This act is effective January 1, 2027.

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