HF3589

Purpose

This proposal amends state election law to allow a voter who has a demonstrated need and has been issued a ballot to briefly leave a polling place, at the discretion of the head election judge, in order to address that need. The change is limited to permitting a short exit and return, rather than creating a general right to leave polling places.

Main provisions

• Existing rule (baseline): A person who has voted or whose ballot has been rejected must leave the polling place and may not return unless allowed by sections 204C.06 or 204C.07.
• New discretionary exception: At the head election judge’s discretion, a voter with a demonstrated need who has already been issued a ballot may be permitted to briefly leave the polling place to address that need and then return to cast the ballot.
• Ballot handling on return: If the voter is granted permission to leave and return, the original ballot must remain in the polling place and must be spoiled. A new ballot must be issued to the voter when they return.
• Scope: The change amends Minnesota Statutes 2024 section 204C.13, subdivision 7.

Significant changes to existing law

• Adds a narrowly defined exception to the rule that voters must not leave the polling place after voting, allowing a brief exit for an “unexpected need” with approval from the head election judge.
• Maintains ballot security by ensuring the original ballot stays in the polling place and is spoiled, with a fresh ballot issued upon the voter’s return.
• Keeps existing restrictions intact for voters who have not received an accommodation, or whose ballots are rejected.

How the change might operate in practice

• A voter experiences an urgent need (e.g., medical or other immediate necessity) and asks the head election judge for permission to step outside briefly.
• If the judge approves, the voter exits, the original ballot remains in the polling place and is spoiled when the voter leaves, and a new ballot is provided when the voter returns to finish voting.

Potential considerations

• Privacy and security: The process relies on the head election judge’s judgment; policies may be needed to ensure consistent application and to protect ballot integrity.
• Access and inclusivity: This provision aims to reduce barriers for voters with unexpected needs during voting.

Relevant Terms polling place; head election judge; demonstrated need; briefly leave; address that need; return to cast the ballot; original ballot; remain in the polling place; spoiled; new ballot; election law; Minnesota Statutes 2024; section 204C.13 subdivision 7; 204C.06; 204C.07