Elections policy, finance changes include Minnesota Voting Rights Act, funding help

Goals of the 2024 elections law include improved voter access and increasing election transparency. It also provides additional funding to help local elections officials with continuing administration and infrastructure costs.

Included in the package are implementation of the Minnesota Voting Rights Act, additional voting on college campuses, making voter registration easier, enhanced disclosure for who aims to influence elections, changes to the census/redistricting process and better ensuring AI-generated deep fakes do not interfere with elections.

Rep. Mike Freiberg (DFL-Golden Valley) and Sen. Jim Carlson (DFL-Eagan) sponsor the law that has myriad effective dates.

HF4772*/SF4729/CH112

Money

Not a budget year, the law nonetheless contains an additional $500,000 in net General Fund spending in the 2024-25 biennium. However, some internal transfers and modification of 2021 and 2023 laws provided more funds used for other purposes.

The voting operations, technology, and election resources account that assists local governments with certain election-related expenses is the largest beneficiary, receiving an additional $3 million in fiscal year 2024 and nearly $3.09 million in fiscal year 2025.

Other financial provisions include $200,000 for college campus polling location reimbursement, $144,000 from the General Fund to the Voting Rights Act cost sharing account in the special revenue fund — money to be used by local governments for the Minnesota Voting Rights Act created by the law — and $70,000 in one-time funds would go to the Campaign Finance and Public Disclosure Board: $50,000 for campaign treasurer training and $20,000 to notify local governments and update their systems to accept disclosures in local spending by political committees and funds. (Art. 1, Secs. 1-5)

Minnesota Voting Rights Act

The Minnesota Voting Rights Act, effective May 18, 2024, aims to ensure no one is denied an equal opportunity to vote by codifying, streamlining, and strengthening protections against voter suppression and vote dilution.

It will do so, in part, by prohibiting state voting standards that deny or limit any citizen’s right to vote based on their race, color or language. Examples could include closing or shifting polling places, inadequate voter registration efforts, non-standard election days, redistricting plans that “pack” persons of color to weaken their voting strength, and lack of language assistance for voters whose first language is not English.

The law ensures a private right of action and allows both sides a way to work together to rectify a problem without going to court.

Passed in 1965, the Federal Voting Rights Act prohibited racial discrimination in voting. However, the Eighth Circuit Court of Appeals ruled in November 2023 that voters themselves in the court’s district can no longer challenge racially discriminatory laws or restricting plans under federal law. (Art. 3, Secs. 1-12)

College campus voting, student IDs

Effective Jan. 1, 2025, the law will require designation of an additional polling place for the state general election or off-year city general election for at least one day on the campus of a postsecondary institution that provides on-campus housing for at least 100 students if requested by the institution or the student government organization. The location can be within one-half mile of the campus provided it is “reasonably accessible” to the institution’s students.

The secretary of state’s office will reimburse local election officials for costs to operate the location at the rate of $5,000 for one polling place in the first year, $3,000 for each additional place in year one, and $3,000 per location in subsequent years.

Effective June 1, 2024, the law expends the permissible types of identification a student can show to prove their identity during Election Day registration when the student is using a postsecondary institution residential housing list to prove their residency. A valid student photo identification card could already be used, but added to the law are a driver’s license or a document approved by the secretary of state as proper ID or a tribal ID card (Art. 2, Secs. 4-5, 13-14)

School board vacancies

Effective July 1, 2024, if a school board vacancy occurs less than two years prior to the term’s expiration no special election is required. The law further provides that a school board may, but is not required to, fill a vacancy that occurs less than 90 days prior to the expiration of the term via appointment at a regular or special meeting.

However, if a board member is removed for proper cause, a special election must be held to fill the vacancy as soon as possible on a uniform election date.

Under current law, a vacancy can be filled by a board appointment until a special election is held; however, a special election is not required if the vacancy occurs less than 90 days prior to Election Day in the third year of the member’s term. (Art. 2, Sec. 2)

Candidate safety

Current law prohibits someone from making personal information about an official or their family or household member publicly available without consent if the information’s availability poses an imminent and serious threat to the safety of the official, their family or household member and the person making the information available knows of any imminent or serious threat.

Effective Aug. 1, 2024, the law expands the definition of “personal information” to include the official’s home telephone number, cell phone number, personal email address, minor children’s names, and pictures of the official’s minor children. (Art. 2, Secs. 74-75)

Deep fake technology

To reduce the spread of misinformation that could threaten the electoral process, Minnesota enacted a 2023 law to criminalize the use of deep fakes to influence an election.

Effective July 1, 2024, an update to that law declares that a candidate has forfeited the nomination or office if they are found guilty of using deep fake technology to influence an election.

The law also amends the time frame in which a person can commit the offense of using a deep fake to influence an election to include 90 days before a political party nominating convention, or after the absentee voting period has begun prior to a presidential primary, state primary, local primary, special primary, or special election. The provision does not apply to a cable television system or broadcaster who disseminates a deep fake produced by a candidate if the dissemination is required by federal law. (Art. 2, Secs. 76-78)

Lobbying, campaign finance

Effective May 18, 2024, the Campaign Finance and Public Disclosure Board is ordered to study and make recommendations related to lobbying of state government officials versus local government officials.

Per the law: “The study and recommendations must focus on whether the law does or should distinguish between activities that constitute lobbying of a public official and activities that constitute lobbying of a local official. If the study determines that a distinction between these activities is appropriate and is not adequately articulated within current law, then the board must recommend options for the legislature to consider in adopting that distinction by law.” A report is due the Legislature by Jan. 15, 2025.

The law also enhances disclosure requirements for people wanting to influence elections including adding certain digital advertisements to the current law requiring disclosure of electioneering communications, a candidate's principal campaign committee cannot accept a loan from the candidate if the loan must be repaid with interest (both effective Jan. 1, 2025), and, effective July 1, 2024, amends the board’s authority to impose late filing fees. (Art. 4, Secs. 8, 14-15, 27)

Redistricting/census changes

Beginning with the 2030 census, state and federal prisoners will be counted based on their last known address immediately prior to incarceration, rather than the location of the correctional facility.

Additionally, census workers will have access to multi-unit housing facilities at any time in the course of their duties, not just Jan. 1 to July 1 the year a census is conducted. (Art. 5, Secs. 1-4)

Other elections administration

In addition to largely technical election administration and policy changes, the law includes provisions that will:

• allow a statutory city to elect city council members by ward in certain circumstances;

• require a candidate, when filing an affidavit of candidacy, to present to the filing officer a valid driver’s license or state identification card containing their current address or documentation of proof of residence authorized for Election Day registration. This takes effect Jan. 1, 2025;

• beginning June 1, 2024, require a paper voter registration application to provide space for a voter to provide a physical description of the location of their residence if the voter resides in an area without a specific physical address;

• prohibit a recipient of the public voter information list, beginning May 18, 2024, from publishing any information on an internet list, database, or other similar searchable format. Nor can they sell, loan, provide access to, or otherwise surrender any information from the list to any other person or entity unless under certain circumstances;

• require every county and municipality that administers absentee voting to use a .gov domain for their website address by June 1, 2026;

• amend the definition of “major political party” by striking the 5% threshold that applied to general elections held on or before Nov. 8, 2022, and strikes a reference to the 8% threshold applying at general elections held on or after Nov. 7, 2024. This section is effective Aug. 1, 2024;

• require school districts to make paper or electronic voter registration applications available each May and September to district students eligible to register or preregister to vote;

• effective for elections for which the absentee ballot period begins on or after Jan. 1, 2025, state that witness requirements for an absentee ballot return signature envelope must provide the witness is a United States citizen and at least 18 years of age on or before the day of the election;

• require the State Canvassing Board to meet on the 16th day following the state general election. Current law requires the meeting to occur on the third Tuesday after the state general election;

• give a county board the option of appointment or a special election to fill a county sheriff or attorney opening;

• require the secretary of state’s office use the Social Security Death Index for updating voter registrations; and

• repeal a statute related to filling vacancies on the Hennepin County Board of Commissioners. (Art. 2, Secs. 1, 3, 6-10, 12, 16, 31, 70-71, 73, 81; Art. 3, Secs. 13-14)

HF4772* / SF4729 / CH112