Electronic voting system definition modification and certain voting system rules and instructions to be made available and acknowledged by a voter using mobile phone technology authorization

A bill for an act

relating to elections; modifying the definition of electronic voting system;

permitting certain voting system rules and instructions to be made available to and

acknowledged by a voter using mobile voting technology; amending Minnesota

Statutes 2024, sections 203B.29, by adding a subdivision; 206.56, subdivision 8,

by adding a subdivision; 206.58, subdivision 2; proposing coding for new law in

Minnesota Statutes, chapter 206.

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

Section 1.

Minnesota Statutes 2024, section 203B.29, is amended by adding a subdivision

to read:

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Subd. 4.

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Mobile voting technology.

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Notwithstanding subdivision 3, a voter casting a

ballot in a jurisdiction that has authorized the use of mobile voting technology may request

that ballots, instructions, and a certificate of voter eligibility be transmitted to the voter

electronically through the mobile voting technology. The voter may return the ballot and

certificate of voter eligibility electronically through the mobile voting technology.

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Sec. 2.

Minnesota Statutes 2024, section 206.56, subdivision 8, is amended to read:

Subd. 8.

Electronic voting system.

"Electronic voting system" means a system in which

the voter records votes by means of marking a ballot, so that votes may be counted by

automatic tabulating equipment in the polling place where the ballot is cast or at a counting

center.

An electronic voting system includes automatic tabulating equipment; nonelectronic

ballot markers; electronic ballot markers, including electronic ballot display, audio ballot

reader, and devices by which the voter will register the voter's voting intent; software used

to program automatic tabulators and layout ballots;
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mobile voting technology;
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computer

programs used to accumulate precinct results; ballots; secrecy folders; system documentation;

and system testing results.

Sec. 3.

Minnesota Statutes 2024, section 206.56, is amended by adding a subdivision to

read:

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Subd. 10a.

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Mobile voting technology.

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"Mobile voting technology" means the use of

an application on a mobile device used to complete and submit a ballot in a secure and

encrypted manner.

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Sec. 4.

Minnesota Statutes 2024, section 206.58, subdivision 2, is amended to read:

Subd. 2.

May use experimental systems.

The governing body of a municipality may

provide for the experimental use of an electronic voting system in one or more precincts

without formal adoption of the system. Use of the system at an election is as valid for all

purposes as if the system had been permanently adopted.

If the governing body of a municipality decides to use an electronic voting system, it

shall, at a regular or special meeting held not less than 30 days before the election, prescribe

suitable rules and instructions consistent with sections
206.55
to
206.90
for using the system

and shall submit the rules and instructions to the secretary of state for approval. When

approved,
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a printed copy of
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the rules and instructions must be posted prominently in the

polling place and must remain open to inspection by the voters throughout election day
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or

must be made conspicuously available to and acknowledged by a voter using mobile voting

technology prior to voting
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.

Sec. 5.

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[206.803] MOBILE VOTING TECHNOLOGY.

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Subdivision 1.

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Minimum requirements.

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At a minimum, mobile voting technology

must:

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(1) be an approved electronic voting system pursuant to section 206.57 prior to use;

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(2) utilize security features such as multifactor authentication for the mobile device

application;

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(3) utilize encryption when the ballot is transmitted; and

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(4) be able to print the ballot in the same style and format as other ballots for the same

precinct.

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Subd. 2.

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Rulemaking.

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The secretary of state may adopt rules to implement the use of

mobile voting technology under this section.

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