SF4128

Purpose

This bill makes changes to election rules to allow and structure provisional ballots for voters who register on election day and may not have standard ID. It also expands how people can prove where they live (residency), especially for residents of certain facilities and tribal members, and it updates some canvassing and certification procedures.

Key Provisions at a Glance

• Introduces provisional ballots for election day registrants who cannot provide a Minnesota driver’s license number, Minnesota state ID number, or Social Security number.
• Allows election day registration by vouching for residency in certain situations, including residential facilities and tribal members, with specific limits and forms.
• Expands acceptable ways to prove residency for voters, including proofs tied to residential facilities and tribal identification.
• Sets up procedures for recording, counting, and challenging provisional ballots, including notices to voters if a provisional ballot is rejected.
• Aligns and updates canvassing and certification timelines and processes for primaries, general elections, and school district elections.
• Adds requirements to ensure proper recording and reconciliation of provisional ballots before final counting.

Election Day Registration and Proof of Residency

• Voter eligibility for election day registration remains, but now includes the possibility to register and vote provisionally if the voter cannot provide a standard ID number.
• Vouching for residency is expanded: a voter may be vouched for by another voter, or by a residential facility employee, under specific rules.
• Residency proofs may come from multiple sources, including:
  • Driver’s license or Minnesota ID card.
  • Other documents approved by the Secretary of State.
  • Documents tied to a residential facility (e.g., transitional housing, nursing home, assisted living, veterans home, shelters, facilities with residential programs, etc.).
  • For tribal members, an identification card issued by the tribal government (recognized by the Bureau of Indian Affairs) plus additional documents.
• A voter who has been vouched for may not sign for another person on the same election day.
• Election judges have limits on how many people they can vouch for, and forms are provided to record each proofofresidence oath, including the voter’s name, signature, contact info, and residency status.

Provisional Ballots for Election Day Registrants

• Voters who register on election day and cannot provide a standard ID may cast a provisional ballot.
• Voter must complete:
  • Provisional ballot roster or a provisional voter signature certificate.
  • The voter registration application on the provisional ballot envelope, which may be completed electronically.
  • A sworn/affirmed statement that they are eligible, have not voted previously in the election, and meet precinct residency requirements.
• The provisional ballot uses the same form as the official ballot and is placed in a secure provisional ballot envelope.
• After voting, the provisional ballot envelope is deposited in a secure provisional ballot box; these are not mixed with other ballots.
• Voters are informed how to later provide ID or have their provisional ballot counted (by presenting a driver’s license, state ID, or SSN to the county auditor or municipal clerk within seven days after the election).
• Provisional ballot envelopes can be Accepted or Rejected:
  • Accepted if the voter’s identity and eligibility can be verified.
  • Rejected if the voter is not registered or fails eligibility.
  • Rejected envelopes may not be opened except in an election contest.
• If rejected, voters receive a written notice within six to ten weeks after the election, including the reason for rejection and contact information for questions.
• A color-coded provisional ballot signature envelope is used and must include space for the voter’s name, residence, and date of birth; all provisional ballots are handled and stored like other election materials.

Reconciliation and Counting of Provisional Ballots

• On the seventh day after the election and before counting provisional ballots, officials verify that the number of signatures on the provisional ballot roster matches or exceeds the number of provisional ballots submitted at the precinct.
• Any discrepancy must be resolved before counting provisional ballots.
• If there are excess provisional ballots, they are randomly withdrawn according to the law.
• Accepted provisional ballot envelopes are opened, the ballots are counted, and the results are recorded with initials from the ballot board members.
• If multiple ballots are enclosed in one envelope, all ballots in that envelope are spoiled and not counted.

Canvassing and Certification Changes

• The bill updates county canvassing procedures (counting, tallying, and reporting) for state primaries and general elections, including:
  • Reporting the number of voters, the number of voters who registered on election day, and the number of votes for each candidate and for each precinct.
  • Processing and transmitting canvass results to the Secretary of State.
  • Ensuring write-in votes are included or excluded in a defined manner.
• State canvassing provisions adjust timelines and processes for confirming the statewide results and certifying nominees.
• Similar updates apply to school district elections, including how canvassing is conducted and how certificates of election are issued.

Implications and Implementation Notes

• The bill broadens access to voting on election day by allowing provisional ballots for registrants who lack standard ID and by expanding how residency can be proven.
• It introduces formal processes for vouching and residency documentation at residential facilities and for tribal members.
• It creates a structured pathway for notifying voters of provisional ballot rejections and for counting provisional ballots after reconciliation.
• It changes some canvassing timelines and procedures to align with these provisional-ballot processes, with emphasis on integrity, verification, and clear communication to voters.

Relevant Terms - election day registration - provisional ballot - proof of residence - vouching - residential facility - tribal identification - Minnesota Secretary of State - county auditor - municipal clerk - State Canvassing Board - write-in votes - canvass - certificate of election - reconciliation - ballot envelope - Provisional Ballot Signature Envelope - notice of provisional ballot rejection - eligible to vote - sworn or affirming statement - oath of residence - express mail / official transmission - precinct - registration application - oath of office

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