HF3845

Purpose

This bill aims to update Minnesota election rules regarding when and how people register to vote, how provisional ballots are handled, and how elections are canvassed and reported. It makes changes intended to expand on-day registration options, clarify how people prove where they live, and set new procedures for counting votes and resolving disputes after elections.

Key Provisions

• Election day registration and proof of residence

  • Eligible voters may register or update a registration on election day in person at the polling place for their home precinct.
  • A voter can prove residence using multiple options, including a driver's license or state ID, other Secretary of State approved documents, a current student fee statement with a valid address, or other acceptable methods.
  • For residents in certain housing or residential facilities, a facility employee or another resident can vouch for the voter's residency by completing an oath in the presence of an election judge.
  • There is a limit: a voter who is registered in the precinct may sign up to eight proofs of residence on election day (this limit does not apply to employees of the residential facility described in the bill).
  • A form is required to record each proof of residence, including statements that the person is registered in the precinct and that the signer personally knows they reside there.
  • The State will provide rules and forms for election judges to use in these processes.
  • If a person cannot provide a Minnesota driver’s license, Minnesota state ID, or Social Security number, they may still register and vote a provisional ballot.

• Residential facilities and vouching

  • The bill defines a broad set of “residential facilities” (such as nursing homes, assisted living facilities, transitional housing, shelters for the homeless or battered women, residential programs, etc.).
  • An election judge may rely on a facility employee or a resident to vouch for residency, with requirements to ensure the signer knows the voter is a resident.
  • The law also addresses tribal members by allowing identification from tribal governments, with additional documents listed to prove residency if needed.
  • A county or local authority may require election judges to initial completed registrations.

• Provisional ballots

  • Voters who register on election day (or while voting early) and cannot provide an ID may cast a provisional ballot.
  • Voters must sign a provisional ballot roster or certificate and complete a voter registration application on the provisional ballot envelope, swearing or affirming eligibility.
  • The provisional ballot will be the same form as the official ballot and sealed in a special envelope.
  • Voters may later have their provisional ballot counted if they provide a Minnesota driver’s license number, Minnesota ID number, or Social Security number within a set period after the election; voters are informed where to go to complete this.
  • Provisional ballot envelopes marked “Rejected” may not be opened except in an election contest; a mailing notice explains reasons for rejection and how to ask questions.
  • A reconciliation process occurs seven days after the election to ensure the number of provisional ballots matches the number of provisional signatures, with discrepancies resolved before counting.
  • If more than one ballot is enclosed in a ballot envelope, all ballots are spoiled and not counted.
  • Administrative details for provisional ballots include color-coding on the signature envelope and required information (name, residence, date of birth).
  • The county auditor or municipal clerk must maintain provisional ballots and related paperwork as they do other election materials.

• Canvassing and reporting updates

  • The bill adjusts timelines and procedures for county and state canvasses (the formal process of counting and certifying results).
  • It specifies how county canvassing boards and the State Canvassing Board conduct their meetings, what must be reported (votes by precinct, registration changes on election day, write-ins if requested, etc.), and how results are transmitted to the secretary of state.
  • It clarifies procedures for writing in votes, including when write-ins for federal/state/county offices should be tallied (only if the candidate has requested to be tallied).
  • It details deadlines for delivering certified copies of canvass reports and issuing notices of nomination or election certificates.
  • It includes provisions for tie-breaking by lot, contested elections, and the final custodian role of clerks for ballots and returns.

• Other election administration changes

  • Several sections update or align state primary and general election canvass timing (county canvass, state canvass) and related reporting.
  • The bill preserves the basic mechanics of the canvass while tightening procedures around processing, reporting, and the sequencing of steps after an election.

What this Bill Seeks to Accomplish

• Modernize election day registration by expanding acceptable proofs of residency and allowing certain residential facility staff or residents to vouch for a voter.
• Provide a clear path for voters who lack standard ID to still participate via provisional ballots, with a defined process for later confirming eligibility and counting those ballots.
• Create specific procedures and forms to manage the provisional voting process and ensure proper reconciliation, counting, and notification.
• Clarify and potentially tighten canvassing procedures and reporting requirements to improve transparency and accuracy in election results.

Significance and Potential Impacts

• For voters

  • Expanded options for registering on election day and proof of residence, including some non-traditional documentation and vouching in residential facilities.
  • Provisional ballots offer a safeguard for voters who lack ID at registration, with a process to later verify eligibility.
  • Increased clarity on how write-ins are tallied and how certificates of election are issued.

• For election officials

  • New forms, oath requirements, and procedures for recording proofs of residence.
  • Clearer rules for provisional ballot handling, envelopes, and reconciliation.
  • Revisions to canvass timing and reporting that require meticulous record-keeping and timely submission of canvass results.

• For communities in residential facilities

  • A formalized vouching process and defined facilities may affect how some residents register to vote and participate in elections.

Potential Considerations

• The balance between facilitating access to voting and maintaining robust checks for eligibility.
• The administrative burden on election judges and local election offices due to new forms, oaths, and reconciliation steps.
• How these changes interact with existing ID and residency verification processes and how they will be implemented in practice.

Relevant Terms

• election day registration
• provisional ballot
• proof of residence
• proof of identity
• Minnesota drivers license number
• Minnesota state identification number
• Social Security number
• residential facility
• vouching
• oath
• Provisional Ballot Signature Envelope
• Provisional Ballot Roster
• Provisional Voter Signature Certificate
• county auditor
• municipal clerk
• tribal government identification
• tribal member identification
• canvass
• State Canvassing Board
• County Canvassing Board
• write-in votes
• certificate of election
• election contest
• undisputed ballots / reconciliation
• final custodian
• secretary of state