Election Policy Changes
2023 Legislative Session
Updated July 5, 2023
Most Significant Election Changes
Felon Voting Rights
Summary: An individual who is ineligible to vote because of a felony conviction has the civil right to vote restored during any period when the individual is not incarcerated for the offense. If the individual is later incarcerated for the offense, the individual's civil right to vote is lost only during that period of incarceration. This includes those in a work-release program.
Effective Date: June 1, 2023
Bill: HF 28; Effective date changed to June 1, 2023 in Democracy for the People Act (HF3) Article 1, Section 18. Addition of those in a work release program in State and Local Government Omnibus (HF 1830) Section 10; HF 1830, Article 2, section 22 (implementation details)
Link to bill: Chapter 12 - MN Laws
Pre-registration of 16 and 17 year olds
Summary: An individual who is under the age of 18, but who is at least 16 years of age and meets all requirements for eligibility to vote, except for age, may submit a voter registration application or be automatically registered at the address in which the voter maintains residence. This does not entitle an individual to appear on a polling place roster or cast a ballot at an election if the individual does not meet all eligibility requirements for voting, including age.
Effective Date: June 1, 2023
Bill: HF3, Article 1, Sections 3, 5, 6; HF 1830 Article 2, Section 21 (implementation details)
Link to bill: Chapter 34 - MN Laws
Permanent Absentee Voter List
Summary: An eligible voter may apply to their county elections office or municipal clerk to automatically receive an absentee ballot before each election. (Does not apply to jurisdictions conducting elections by mail.) Absentee ballots will be sent to voters on the permanent absentee voter list at least 46 days before each regularly scheduled primary and general election, and each primary and special election; as soon as practicable for a special election; and at least 30 days before a town general election.
Effective Date: June 1, 2024
Bill: HF3, Article 1, Sections 7, 12, 13, 14, 15, 17
Link to Bill: Chapter 34 - MN Laws
Automatic Voter Registration
Summary: An individual will be registered to vote if they are eligible to vote under MN statute and properly complete and submit an application through an approved state process, with proof of United States citizenship. Voters will be sent a card to allow them to opt-out of registering to vote.
AVR will initially only apply to interactions with Department of Vehicle Services (DVS) when applying for a new or renewed Minnesota driver's license or identification card. Interactions with start agencies such MinnesotaCare or medical assistance require additional governmental approvals and funding before they can be implemented.
AVR will apply to pre-registration of 16 and 17 year olds once it is implemented for driver’s licenses. Participation by other parts of state government will be determined at a later date.
Effective Date: To be determined based on agency specific implementation plans.
Bill: HF3, Article 1, Sections 9, 10
Link to bill: Chapter 34 - MN Laws
Direct Balloting (In Person Absentee Voting)
The period during which voters may submit completed absentee ballots directly to a ballot reader changed from 7 days to 18 days before Election Day. Election offices may also start separating ballots from ballot envelopes beginning 18 days before Election Day, rather than 7 days.
Effective date: July 1, 2023
Bill: HF 1830, Article 2, Section 44, 58 (Ballot board processing ballots)
Link to bill: Chapter 62 - MN Laws
Early Voting
Summary: Changes from conducting absentee voting until the day before Election Day, where voters may directly deposit ballots in a ballot scanner starting 7 days before Election Day, to allowing early voting starting 18 days before election without the need to complete an absentee ballot. This also allows beginning to count absentee ballots 18 days before Election Day, and mandates specific hours for early voting locations, including weekend hours.
Effective date: January 1, 2024
Bill: HF 1830, Article 2, Section 68 (main section), and sections 29, 30, 31, 34, 42, 43
Link to bill: Chapter 62 - MN Laws
Voter Intimidation
Summary:
A person may not directly or indirectly use or threaten force, coercion, violence, restraint, damage, harm, or loss, including loss of employment or economic reprisal against any person with the intent to compel that person to register or abstain from registering to vote, vote or abstain from voting, or vote for or against a candidate or ballot question; or with the intent to impede that person's efforts to encourage another to cast a ballot or assist another in registering to vote, traveling to a polling place, casting a ballot, or participating in any other aspect of the election process.
No person may, within 60 days of an election, cause information to be transmitted by any means that the person (1) intends to impede or prevent another person from exercising the right to vote; and (2) knows to be materially false.
No person may intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person in casting a ballot or registering to vote.
Effective Date: June 15, 2023
Bill: HF3, Article 2, Section 2
Link to bill: Chapter 34 - MN Laws
Intimidation and Interference with Election Officials
Summary:
A person may not directly or indirectly use or threaten force, coercion, violence, restraint, damage, harm, or loss, against another with the intent to influence an election official in the performance their duties.
A person may not intentionally hinder, interfere with, or prevent an election official's performance of a duty related to election administration.
A person may not intentionally and physically obstruct an election official's access to or egress from a polling place, meeting of a canvassing board, place where ballots and elections equipment are located or stored, or any other place where election officials perform a duty related to election administration.
A person may not access without authorization, tamper with, or facilitate unauthorized access to or tampering with an electronic voting system, electromechanical voting equipment, or an election night reporting system before, during, or after any election. This includes sharing passwords, tampering with ballot boxes, tampering with the voter registration system, registration list or polling place roster.
A person may not knowingly and without consent make publicly available, including but not limited to through the Internet, personal information about an election official or an election official's family or household member if: (1) the dissemination poses an imminent and serious threat to the official's safety or the safety of an official's family or household member; and (2) the person making the information publicly available knows or reasonably should know of any imminent and serious threat.
An “election official” is defined as a member of a canvassing board, the county auditor or municipal clerk charged with duties relating to elections, a member of a ballot board, an election judge, an election judge trainee, or any other individual assigned by a state entity or county or municipal government to perform official duties related to elections.
Effective date: June 15, 2023
Bill: HF 1830, Article 2, Section 128
Link to bill: Chapter 62 - MN Laws
Foreign Language Sample Ballots and Multilingual Election Judges
Summary:
If three percent or more of the residents in a given census tract speak English “less than very well”, or if interested citizens or organizations provide information that gives sufficient reason to believe a need exists, at least two copies of the translated voting instructions and sample ballot must be provided to each precinct in that district during any regular or special state or local election conducted in that district.
If 20 percent or more of the population of a census tract speak English “less than very well”, or if interested citizens or organizations provide information that gives sufficient reason to believe a need exists, at least four copies of the translated voting instructions and sample ballot must be provided to each precinct in that district during any regular or special state or local election conducted in that district. In these precincts, the county auditor or municipal clerk must appoint at least one interpreter to translate in a specified language if ten or more registered voters in the precinct file a request for interpretive services for that language with the secretary of state or county auditor at least 30 days prior to the date of the election.
Effective Date: Effective July 1, 2023 for elections conducted after January 1, 2024.
Bill: HF3, Article 2, Section 1; HF 1830, Article 2, Section 135
Link to bill: Chapter 34 - MN Laws
National Popular Vote Compact
Summary: Minnesota will join the National Popular Vote Compact by requiring that if the “Agreement Among the States to Elect the President by National Popular Vote” governs the appointment of presidential electors, the State Canvassing Board shall declare duly elected the candidates for presidential electors and alternates identified in accordance with the provisions of that agreement. This will only apply if the members of the NPV compact constitute at least 270 electoral votes.
Effective Date: July 1, 2023
Bill: HF 1830, Article 2, Sections 123, 124, 125
Link to bill: Chapter 62 - MN Laws
Other Important Election Changes
Help America Vote Act (HAVA) Funding Authorization
Summary: Provided matching funds and authorized release of all federal HAVA funds authorized to date for MN. The requirement for legislative authorization for HAVA funds to be appropriated to the Secretary of State’s office has been removed. Going forwards, funds authorized by the federal government for election improvements will be appropriated to the Secretary of State’s office without a requirement for prior authorization by the legislature.
Effective Date: Effective the day following final enactment
Bill: HF 1830, Article 1, Section 40
Link to bill: Chapter 62 - MN Laws
Time off from Work to Vote
Summary: Employers are required to allow people to take time off from work for the time necessary to vote in person when in person voting is allowed before Election Day as well as on Election Day. Employers may not require an employee to take vacation or any other type of paid leave in order to vote.
Effective date: July 1, 2023
Bill: HF 1830, Article 2, Section 90
Link to bill: Chapter 62 - MN Laws
Assistance to Voters
Summary: The requirement to limit physical assistance in marking ballots to no more than 3 individuals is removed.
Effective date: July 1, 2023
Bill: HF 1830, Article 2, Section 93
Link to bill: Chapter 62 - MN Laws
Temporary Polling Places
Summary:
A county auditor or municipal clerk may designate additional polling places with scheduled days and hours that differ from those required by statute. These must be identified at least 47 days before the election.
At the request of an Indian Tribe with a reservation in the county, the county auditor must establish an additional polling place for at least one day on the Indian reservation.
Effective date: June 1, 2023
Bill: HF 1830, Article 2, Section 45
Link to bill: Chapter 62 - MN Laws
Voting Hours before an Election
Summary: Minimum voting hours before election day including evenings (until 7PM the Tuesday before election day) and weekend (Saturdays) are established for county and local election offices (city or township clerks administering elections).
Effective date: June 1, 2023
Bill: HF 1830, Article 2, Section 50
Link to bill: Chapter 62 - MN Laws
Absentee Ballot delivery to Assisted Living and Battered Women Shelters
Summary: At the discretion of county or local election officials, assisted living facilities and shelters for battered women may receive same support from county election offices for delivery of absentee ballots by election judges as health care facilities and veterans homes.
Effective date: July 1, 2023
Bill: HF 1830, Article 2, Section 51
Link to bill: Chapter 62 - MN Laws
State Canvassing Board Approve Candidates with Highest Vote Total
Summary: The state Canvassing Board is required to declare the candidates duly elected who received the highest number of votes for each federal office and for each state office voted on in more than one county.
Effective Date: July 1, 2023
Bill: HF 1830, Article 2, Section 96
Link to bill: Chapter 62 - MN Laws
Secretary of State Voting Study established
Summary: Requires that the Secretary of State conduct a study of issues related to voter engagement, education, and improvements to the election system, which can include but is not limited to assessing ranked choice voting. The bill states a number of constituencies and stakeholders to be consulted in performance of the study, as well as a requirement for public input and community engagement.
Effective date: Final report due by June 30, 2025
Bill: HF 1830, Article 2, Section 136
Link to bill: Chapter 62 - MN Laws
Return of Absentee Ballots
Summary: Absentee ballots must be submitted to the county election office by 8:00 PM on election day rather than 3:00 PM). This also applies to agent delivery of ballots from assisted living facilities or from voters with medical issues.
Effective date: July 1, 2023
Bill: HF 1830, Article 2, Section 39, 40; Section 53 (Agent delivery)
Link to bill: Chapter 62 - MN Laws
Compensation for collecting Absentee Ballot Applications
Summary: No one may be paid to collect or solicit absentee ballot applications based on a variable rate or based on number of ballot applications.
Effective date: Following enactment
Bill: HF 1830, Article 2, section 33
Link to bill: Chapter 62 - MN Laws
Student-Related Items
Additional Proofs of Residence for Students
Summary: Students at postsecondary educational institutions can establish residence for Election Day registration by presenting a current valid photo identification issued by a postsecondary educational institution in Minnesota if the voter's name student identification number, and address within the precinct appear on a current residential housing list certified by the institution and presented to the county auditor. (Codifies an existing administrative practice.)
Effective date: July 1, 2023
Bill: HF 1830, Article 2 Sections 8, 14
Link to bill: Chapter 62 - MN Laws
Providing Voter Registration Forms to Students
Summary: Postsecondary schools are required to provide voter registration forms to all students each spring and fall. All secondary schools are required to make voter registration forms available to all student each May and September. All secondary and postsecondary schools are required to report to the secretary of state each November the status of implementing requirements to distribute voter registration forms to students.
Effective date: July 1, 2023
Bill: HF 1830, Article 2, Section 23
Link to bill: Chapter 62 - MN Laws
Voter Information at Postsecondary Institutions
Summary: There are now requirements for postsecondary institutions to provide voter information for students including 1) establishment of a campus vote coordinator and 2) creation of a website with information about elections and voting.
Effective date: July 1, 2023
Bill: HF 1830, Article 2, Section 24
Link to bill: Chapter 62 - MN Laws
Technical Changes
Soliciting near Polling Places
Summary: Prohibition on soliciting near polling places was expanded to prohibit trying to induce or persuade a voter to vote for, or refrain from voting for, a candidate or ballot question.
The bill also specifically prohibits wearing, exhibiting, or distributing any item that displays:
The name, likeness, logo, or slogan of a candidate who appears on the ballot;
The number, title, subject, slogan, or logo of a ballot question that appears on the 219.22 ballot; or
The name, logo, or slogan of a political party represented by a candidate on the ballot.
Effective date: June 15, 2023
Bill: HF 1830, Article 2, Section
Link to bill: Chapter 62 - MN Laws
Order of Partisan Candidates in the Ballot
The order of names of major party candidates for partisan offices in state-wide elections will be rotated rather than be listed in order of the major party receiving least votes to the major party receiving the most votes. Names of candidates nominated by petition rather than through a major party convention will be listed after the major party candidates.
Effective date: December 1, 2023
Bill: HF 1830, Article 2, Sections 101, 102, 103
Link to bill: Chapter 62 - MN Laws
Major Party Status
Summary: Changes the criteria for defining a political party as a “major party” to include filing with the state of Minnesota as a political party and receiving at least 8% of votes for a statewide office, as well as other changes.
Effective date: After enactment for elections held in 2024.
Bill: HF 1830, Article 2, Section 9, 27
Link to bill: Chapter 62 - MN Laws
Access to Multi-unit housing by candidates and campaigns
Summary: Multi-unit residential facilities will be required by statute to allow candidates and campaign volunteers to knock on residents’ individual unit doors at multi-unit residential facilities (apartment house, dormitory, nursing home, or manufactured home park) to speak with residents. The statute previously only required allowing candidates and campaigns to leave materials at doors or in a designated central location.
Effective date: July 1, 2023
Bill: HF 1830, Article 2, Section 131
Link to bill: Chapter 62 - MN Laws
Electronic signature on Election Day Registration and Voter Oath
Summary: Counties may choose to have voters sign their voter registration and voter oath either electronically on an e-pollbook or on a paper certificate. If counties choose to use electronic signatures, the e-signed certificates must be printed at the time of the transaction in the polling place.
Effective date: July 1, 2023
Bill: HF 1830, Article 2, Section 26
Link to bill: Chapter 62 - MN Laws
Provisions related to Candidate Filing and Contact Information
Summary: Candidates are now required to provide the candidate’s or campaign's nongovernment issued electronic mail address or an attestation that the candidate and the candidate's campaign do not possess an electronic mail address. An affidavit must also state the candidate's address of residence. The candidate’s address may be withheld as “private data” if the candidate has a reasonable fear with regard to the safety of the candidate or the candidate's family.
Effective date: July 1, 2023
Bill: HF 1830, Article 2, Section 70
Link to bill: Chapter 62 - MN Laws
Use of electronic voting systems by counties
Summary: Once a county has adopted an electronic voting system, approved by the secretary of state, it must continue to use an electronic voting system. (A county cannot return to hand counting or mechanical tallying of ballots.)
Effective date: July 1, 2023
Bill: HF 1830, Article 2, Section 113
Link to bill: Chapter 62 - MN Laws
Ability to Connect Third-party systems to Secretary of State website
The secretary of state may allow modification of the state voter registration system to enable third parties to connect to the state voter registration system to submit voter registration information through a third party application.
Effective date: July 1, 2023
Bill: HF 1830, Article 2, Section 12
Link to bill: Chapter 62 - MN Laws
Transition to New Voter Registration Applications (forms)
Summary: A completed voter registration application submitted by a voter is not deficient for purposes of registering that voter if the application form was printed or provided to the voter prior to the June 1, 2023. Beginning June 1, 2023, an election official must not print, copy, or publicly distribute a blank voter registration application that does not include the required modification.
Effective Date: Currently effective
Bill: HF3, Section 19
Link to bill: Chapter 34 - MN Laws
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