Bill Text: MN SF335 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Local governments ranked-choice voting as the method for voting on local offices authorization
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2013-02-21 - Comm report: To pass as amended and re-refer to Rules and Administration [SF335 Detail]
Download: Minnesota-2013-SF335-Introduced.html
Bill Title: Local governments ranked-choice voting as the method for voting on local offices authorization
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2013-02-21 - Comm report: To pass as amended and re-refer to Rules and Administration [SF335 Detail]
Download: Minnesota-2013-SF335-Introduced.html
1.2relating to elections; authorizing jurisdictions to adopt ranked-choice voting;
1.3establishing procedures for adoption, implementation, and use of ranked-choice
1.4voting;amending Minnesota Statutes 2012, sections 205.13, subdivision 2;
1.5206.83; 206.89, subdivisions 2, 3; proposing coding for new law in Minnesota
1.6Statutes, chapter 206; proposing coding for new law as Minnesota Statutes,
1.7chapter 204E.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [204E.01] APPLICABILITY.
1.10This chapter applies to all elections expressly authorized in statute to use
1.11ranked-choice voting. All other provisions of the Minnesota Election Law also apply, to
1.12the extent they are not inconsistent with this chapter.
1.13 Sec. 2. [204E.02] DEFINITIONS.
1.14 Subdivision 1. Scope. The definitions in this section apply to this chapter.
1.15 Subd. 2. Batch elimination. "Batch elimination" means a simultaneous defeat of
1.16multiple continuing candidates that have no mathematical chance of being elected.
1.17 Subd. 3. Chief election official. "Chief election official" means the principal officer
1.18in the jurisdiction charged with duties relating to elections.
1.19 Subd. 4. Duplicate ranking. "Duplicate ranking" means a voter has ranked the
1.20same candidate at multiple rankings for the office being counted.
1.21 Subd. 5. Exhausted ballot. "Exhausted ballot" means a ballot that can no longer be
1.22advanced under the procedures in section 204E.06.
1.23 Subd. 6. Highest continuing ranking. "Highest continuing ranking" means the
1.24ranking on a voter's ballot with the lowest numerical value for a continuing candidate.
2.1 Subd. 7. Mathematically impossible to be elected. "Mathematically impossible to
2.2be elected" means either:
2.3(1) the candidate cannot be elected because the candidate's current vote total plus all
2.4votes that could possibly be transferred to the candidate in future rounds from candidates
2.5with fewer votes or an equal number of votes and surplus votes would not be enough to
2.6surpass the candidate with the next higher current vote total; or
2.7(2) the candidate has a lower current vote total than a candidate who is described
2.8by clause (1).
2.9 Subd. 8. Overvote. "Overvote" means a voter has ranked more than one candidate
2.10at the same ranking.
2.11 Subd. 9. Partially defective ballot. "Partially defective ballot" means a ballot that
2.12is defective to the extent that the election judges are unable to determine the voter's intent
2.13with respect to the office being counted.
2.14 Subd. 10. Ranked-choice voting. "Ranked-choice voting" means an election
2.15method in which voters rank candidates for an office in order of their preference, with
2.16each vote counting for the highest-ranked continuing candidate on each ballot until that
2.17candidate has been elected or defeated by the method established in this chapter.
2.18 Subd. 11. Ranked-choice voting tabulation center. "Ranked-choice voting
2.19tabulation center" means the place selected for the automatic or manual processing and
2.20tabulation of ballots.
2.21 Subd. 12. Ranking. "Ranking" means the number assigned by a voter to a candidate
2.22to express the voter's preference for that candidate. Ranking number one is the highest
2.23ranking. A ranking of lower numerical value indicates a greater preference for a candidate
2.24than a ranking of higher numerical value.
2.25 Subd. 13. Round. "Round" means an instance of the sequence of voting tabulation
2.26steps established in section 204E.06.
2.27 Subd. 14. Skipped ranking. "Skipped ranking" means a voter has left a ranking
2.28blank and ranks a candidate at a subsequent ranking.
2.29 Subd. 15. Surplus. "Surplus" means the total number of votes cast for an elected
2.30candidate in excess of the threshold.
2.31 Subd. 16. Surplus fraction of a vote. "Surplus fraction of a vote" means the
2.32proportion of each vote to be transferred when a surplus is transferred. The surplus
2.33fraction is calculated by dividing the surplus by the total votes cast for the elected
2.34candidate, calculated to four decimal places, ignoring any remainder.
2.35 Subd. 17. Threshold. "Threshold" means the number of votes sufficient for a
2.36candidate to be elected. In any given election, the threshold equals the total votes counted
3.1in the first round after removing defective ballots, divided by the sum of one plus the
3.2number of offices to be filled and adding one to the quotient, disregarding any fractions.
3.3 Subd. 18. Transfer value. "Transfer value" means the fraction of a vote that a
3.4transferred ballot will contribute to the next ranked continuing candidate on that ballot.
3.5The transfer value of a vote cast for an elected candidate is calculated by multiplying
3.6the surplus fraction of each vote by its current value, calculated to four decimal places,
3.7ignoring any remainder. The transfer value of a vote cast for a defeated candidate is the
3.8same as its current value.
3.9 Subd. 19. Transferable vote. "Transferable vote" means a vote or a fraction of a
3.10vote for a candidate who has been either elected or defeated.
3.11 Subd. 20. Totally defective ballot. "Totally defective ballot" means a ballot that is
3.12defective to the extent that election judges are unable to determine the voter's intent for
3.13any office on the ballot.
3.14 Subd. 21. Undervote. "Undervote" means a voter did not rank any candidates
3.15for an office.
3.16 Sec. 3. [204E.03] AUTHORIZATION TO ADOPT RANKED-CHOICE VOTING;
3.17IMPLEMENTATION.
3.18(a) The following political subdivisions may adopt, in the manner provided in
3.19this subdivision, ranked-choice voting as a method of voting for local offices within
3.20the political subdivision:
3.21(1) home rule charter or statutory cities;
3.22(2) counties;
3.23(3) townships; and
3.24(4) school districts.
3.25(b) A jurisdiction that adopts ranked-choice voting may do so by adopting an
3.26ordinance or resolution or by a ballot question presented to the voters. Adoption of an
3.27ordinance or resolution must be by a unanimous vote of all members of the governing
3.28body. The ranked-choice voting method may be repealed by one of the same methods
3.29provided for adoption.
3.30(c) A home rule charter jurisdiction that adopts a ranked-choice voting system in
3.31its charter may adopt this chapter by reference in an ordinance, but is not required to
3.32do so. Nothing in this chapter prevents a home rule charter jurisdiction from adopting
3.33another voting method in its charter.
3.34(d) Ranked-choice voting shall only be used to elect local offices at a general or
3.35special election, or at a primary election which serves as a party-nominating election for a
4.1partisan office. A primary election must not be held for any nonpartisan offices that are
4.2elected using ranked-choice voting.
4.3(e) A jurisdiction that adopts the use of ranked-choice voting in local elections must
4.4do so no later than 30 days before the first day for filing affidavits of candidacy for the
4.5office for which ranked-choice voting is to be used as the method of election.
4.6(f) Repeal of ranked-choice voting must be no later than 30 days before the first day
4.7for filing affidavits of candidacy for offices for which ranked-choice voting is used as
4.8the method of election.
4.9(g) The chief election official shall notify the secretary of state and, if applicable, the
4.10county auditor within 30 days following adoption or repeal of ranked-choice voting.
4.11 Sec. 4. [204E.04] BALLOTS.
4.12 Subdivision 1. Ballot format. (a) If there are three or more qualified candidates,
4.13a ballot must allow a voter to rank at least three candidates for each office in order of
4.14preference and must also allow the voter to add write-in candidates.
4.15(b) A ballot must:
4.16(1) include instructions to voters that clearly indicate how to mark the ballot;
4.17(2) include instructions to voters that clearly indicate how to rank candidates in
4.18order of the voter's preference; and
4.19(3) indicate the number of seats to be elected for each office.
4.20(c) A jurisdiction may use ballots compatible with alphanumeric character
4.21recognition voting equipment.
4.22 Subd. 2. Mixed-election method ballots. If elections are held in which
4.23ranked-choice voting is used in addition to other methods of voting, the ranked-choice
4.24voting and non-ranked-choice voting elections must be on the same ballot card if possible,
4.25with ranked-choice voting and non-ranked-choice voting portions clearly separated on the
4.26ballot card. A separate ballot card may be used if necessary. A jurisdiction may deviate
4.27from the standard ballot order of offices to allow separation of ranked-choice voting
4.28and non-ranked-choice voting elections.
4.29 Subd. 3. Ballot format rules. The chief election official shall establish
4.30administrative rules for ballot format after a voting mechanism has been selected,
4.31consistent with this section.
4.32 Sec. 5. [204E.05] RANKED-CHOICE VOTING TABULATION CENTER.
4.33 Subdivision 1. Tabulation of votes; generally. The chief election official shall
4.34designate one location to serve as the ranked-choice voting tabulation center. The
5.1center must be accessible to the public for the purpose of observing the vote tabulation.
5.2Tabulation of votes must be conducted as described in section 204E.06.
5.3 Subd. 2. Precinct tabulation. When the hours for voting have ended and all voting
5.4has concluded, the election judges in each precinct shall record and publicly declare
5.5the number of first choices cast for each candidate in that precinct. The election judges
5.6must then securely transfer all electronic voting data and ballots from the precinct to the
5.7ranked-choice voting tabulation center designated under this section. Upon receipt at the
5.8ranked-choice voting tabulation center, all electronic voting data and ballots shall be
5.9secured.
5.10 Subd. 3. Notice of recess in count. At any time following receipt of materials under
5.11subdivision 1, the chief election official may declare a recess. Notice of the recess must
5.12include the date, time, and location at which the process of recording and tabulating votes
5.13will resume and the reason for the recess. Notice must be posted on the city's official
5.14bulletin board and on the door of the ranked-choice voting tabulation center.
5.15 Subd. 4. Recording write-in votes. At a time set by the chief election official,
5.16the judges of the election shall convene at the ranked-choice voting tabulation center to
5.17examine ballots on which voters have indicated a write-in choice, and record the names
5.18and number of votes received by each write-in candidate. In the event that votes cast for
5.19the write-in category are not eliminated as provided in section 204E.06, the results must
5.20be entered into the ranked-choice voting tabulation software.
5.21 Subd. 5. Ranked-choice vote tabulation. After all votes have been recorded, and at
5.22a time set by the chief election official, the process of tabulating votes cast for offices to be
5.23elected using the ranked-choice method must begin. The counting must continue until
5.24preliminary results for all races are determined, subject to subdivision 3.
5.25 Sec. 6. [204E.06] TABULATION OF VOTES.
5.26(a) Tabulation of votes at the ranked-choice voting tabulation center must proceed
5.27in rounds for each office to be counted. The threshold must be calculated and publicly
5.28declared. Each round must proceed sequentially as follows:
5.29(1) the number of votes cast for each candidate for the current round must be counted.
5.30If the number of candidates whose vote totals equal or exceed the threshold are equal to
5.31the number of seats to be filled, those candidates who are continuing candidates are elected
5.32and the tabulation is complete. If the number of candidates whose vote totals are equal to
5.33or greater than the threshold is not equal to the number of seats to be filled, a new round
5.34begins and the tabulation must continue as provided in the remainder of this paragraph;
6.1(2) surplus votes for any candidates whose vote totals are equal to or greater than
6.2the threshold must be calculated;
6.3(3) after any surplus votes are calculated but not yet transferred, all candidates for
6.4whom it is mathematically impossible to be elected must be defeated by batch elimination.
6.5Votes for the defeated candidates must be transferred to each ballot's next-ranked continuing
6.6candidate, and the tabulation process reiterates beginning with clause (2). If no candidate
6.7can be defeated mathematically, the tabulation must continue as described in clause (4);
6.8(4) the transfer value of each vote cast for an elected candidate must be transferred
6.9to the next continuing candidate on that ballot. Of the candidates whose vote totals reach
6.10or exceed the threshold, the candidate with the largest surplus is declared elected and that
6.11candidate's surplus is transferred. A tie between two or more candidates must immediately
6.12and publicly be resolved by lot by the chief election official at the tabulation center. The
6.13surplus of the candidate chosen by lot must be transferred before other transfers are made.
6.14The result of the tie resolution must be recorded and reused in the event of a recount. If no
6.15candidate has a surplus, the tabulation must continue as described in clause (5); otherwise,
6.16the tabulation process must reiterate beginning with clause (2);
6.17(5) if there are no transferable surplus votes, the candidate with the fewest votes is
6.18defeated. Votes for the defeated candidate must be transferred to each ballot's next-ranked
6.19continuing candidate. Ties between candidates with the fewest votes must be decided by
6.20lot, and the candidate chosen by lot must be defeated. The result of the tie resolution must
6.21be recorded and reused in the event of a recount. The tabulation process must reiterate
6.22beginning with clause (2); and
6.23(6) the procedures in clauses (2) to (5) must be repeated until the number of
6.24candidates whose vote totals are equal to or exceed the threshold is equal to the number of
6.25seats to be filled, or until the number of continuing candidates is equal to the number of
6.26offices yet to be elected. If the number of continuing candidates is equal to the number of
6.27offices yet to be elected, the remaining continuing candidates must be declared elected.
6.28In the case of a tie between two continuing candidates, the tie must be decided by lot as
6.29provided in section 204C.34, and the candidate chosen by lot must be defeated. The result
6.30of the tie resolution must be recorded and reused in the event of a recount.
6.31(b) When a single skipped ranking is encountered on a ballot, that ballot must count
6.32toward the next nonskipped ranking. If any ballot cannot be advanced because no further
6.33candidates are ranked on that ballot, because a voter has skipped more than one ranking,
6.34or because an undervote, overvote, or duplicate ranking is encountered, the ballot must
6.35not count toward any candidate in that round or in subsequent rounds for the office being
6.36counted.
7.1 Sec. 7. [204E.07] REPORTING RESULTS.
7.2(a) Each precinct must print a precinct summary statement, which must include the
7.3number of first choices cast for each candidate in that precinct.
7.4(b) The ranked-choice voting tabulation center must print a summary statement with
7.5the following information: total votes cast; number of undervotes; number of totally
7.6defective and spoiled ballots; threshold calculation; total first choice rankings for all
7.7candidates; round-by-round tabulation results, including simultaneous batch eliminations,
7.8surplus transfers, and defeated candidate transfers; and exhausted ballots at each round.
7.9(c) The election abstract must include the information required in the ranked-choice
7.10voting tabulation center summary statement, with the addition of the number of registered
7.11voters by precinct, the number of same-day voter registrations, and the number of
7.12absentee voters.
7.13 Sec. 8. [204E.08] RECOUNTS.
7.14(a) A candidate defeated in the final round of tabulation may request a recount
7.15as provided in section 204C.36.
7.16(b) A candidate defeated in the final round of tabulation when the vote difference is
7.17greater than that provided in section 204C.36 may request a recount at the candidate's own
7.18expense. A candidate defeated in an earlier round of tabulation may request a recount at the
7.19candidate's own expense. The candidate is responsible for all expenses associated with the
7.20recount, regardless of the vote difference between the candidates in the round in which the
7.21requesting candidate was defeated. The requesting candidate shall file with the filing officer
7.22a bond, cash, or surety in an amount set by the filing officer for the payment of the recount
7.23expenses. Expenses must be determined as provided in section 204C.36, subdivision 4.
7.24(c) Rules adopted by the secretary of state under section 204C.36 for recounts apply
7.25to recounts conducted under this section.
7.26 Sec. 9. [204E.09] RULES.
7.27The secretary of state may adopt rules necessary to implement the requirements
7.28and procedures established by this chapter.
7.29 Sec. 10. Minnesota Statutes 2012, section 205.13, subdivision 2, is amended to read:
7.30 Subd. 2. Notice of filing dates. At least two weeks before the first day to file
7.31affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last
7.32dates on which affidavits of candidacy may be filed in the clerk's office and the closing time
7.33for filing on the last day for filing. The clerk shall post a similar notice at least ten days
8.1before the first day to file affidavits of candidacy. The notice must indicate the method of
8.2election to be used for the offices on the ballot. The notice must separately list any office
8.3for which affidavits of candidacy may be filed to fill the unexpired portion of a term when a
8.4special election is being held to fill a vacancy as provided in section412.02, subdivision 2a .
8.5 Sec. 11. [206.802] ELECTRONIC VOTING SYSTEMS; PURCHASING.
8.6Any new voting equipment purchased for use in Minnesota for the purpose of
8.7replacing a voting system must have the ability to:
8.8(1) capture and store ballot data;
8.9(2) keep data anonymous;
8.10(3) accept ranked or cumulative voting data under a variety of tabulation rules;
8.11(4) be programmable to follow all other specifications of the ranked-choice voting
8.12system as provided in chapter 204E;
8.13(5) provide a minimum of three rankings for ranked-choice voting elections;
8.14(6) notify voters of the following errors: overvotes, skipped rankings, and duplicate
8.15rankings in a ranked-choice voting election; and
8.16(7) be programmable to print a zero tape indicating all rankings for all candidates in
8.17a ranked-choice voting election.
8.18EFFECTIVE DATE.This section is effective upon certification by the secretary
8.19of state that equipment meeting the standards required by this section is available for
8.20purchase and implementation.
8.21 Sec. 12. Minnesota Statutes 2012, section 206.83, is amended to read:
8.22206.83 TESTING OF VOTING SYSTEMS.
8.23(a) Within 14 days before election day, the official in charge of elections shall
8.24have the voting system tested to ascertain that the system will correctly mark ballots
8.25using all methods supported by the system, including ranked-choice voting if applicable,
8.26and through assistive technology, and count the votes cast for all candidates and on all
8.27questions. Public notice of the time and place of the test must be given at least two days
8.28in advance by publication once in official newspapers. The test must be observed by at
8.29least two election judges, who are not of the same major political party, and must be open
8.30to representatives of the political parties, candidates, the press, and the public. The test
8.31must be conducted by (1) processing a preaudited group of ballots punched or marked to
8.32record a predetermined number of valid votes for each candidate and on each question,
8.33and must include for each office one or more ballot cards which have votes in excess of
9.1the number allowed by law in order to test the ability of the voting system tabulator and
9.2electronic ballot marker to reject those votes; and (2) processing an additional test deck
9.3of ballots marked using the electronic ballot marker for the precinct, including ballots
9.4marked using the electronic ballot display, audio ballot reader, and any assistive voting
9.5technology used with the electronic ballot marker. If an election is to be conducted using
9.6ranked-choice voting, the equipment must also be tested to ensure that each ranking
9.7for each candidate is recorded properly.
9.8(b) If any error is detected, the cause must be ascertained and corrected and an
9.9errorless count must be made before the voting system may be used in the election.
9.10(c) After the completion of the test, the programs used and ballot cards must be
9.11sealed, retained, and disposed of as provided for paper ballots.
9.12 Sec. 13. Minnesota Statutes 2012, section 206.89, subdivision 2, is amended to read:
9.13 Subd. 2. Selection for review; notice. At the canvass of the state primary,
9.14the county canvassing board in each county must set the date, time, and place for
9.15the postelection review of the state general election to be held under this section. In
9.16jurisdictions where ranked-choice voting is used, the date, time, and place for postelection
9.17review must be set by the county auditor at least 30 days before the election.
9.18 At the canvass of the state general election, the county canvassing boards must select
9.19the precincts to be reviewed by lot. Ballots counted centrally by a ballot board shall be
9.20considered one precinct eligible to be selected for purposes of this subdivision. The county
9.21canvassing board of a county with fewer than 50,000 registered voters must conduct a
9.22postelection review of a total of at least two precincts. The county canvassing board of a
9.23county with between 50,000 and 100,000 registered voters must conduct a review of a total
9.24of at least three precincts. The county canvassing board of a county with over 100,000
9.25registered voters must conduct a review of a total of at least four precincts, or three percent
9.26of the total number of precincts in the county, whichever is greater. At least one precinct
9.27selected in each county must have had more than 150 votes cast at the general election.
9.28 The county auditor must notify the secretary of state of the precincts that have been
9.29chosen for review and the time and place the postelection review for that county will be
9.30conducted, as soon as the decisions are made. If the selection of precincts has not resulted
9.31in the selection of at least four precincts in each congressional district, the secretary of state
9.32may require counties to select by lot additional precincts to meet the congressional district
9.33requirement. The secretary of state must post this information on the office Web site.
9.34 Sec. 14. Minnesota Statutes 2012, section 206.89, subdivision 3, is amended to read:
10.1 Subd. 3. Scope and conduct of review. The county canvassing board shall appoint
10.2the postelection review official as defined in subdivision 1. The postelection review must
10.3be conducted of the votes cast for president or governor; United States senator; and United
10.4States representative. In jurisdictions where ranked-choice voting is used, the review
10.5must also include at least one single-seat ranked-choice voting election and at least one
10.6multiple-seat ranked-choice voting election, if such an election occurred. A postelection
10.7review of a ranked-choice voting election must be conducted for elections decided most
10.8closely in the final round, by percentage. The postelection review official may conduct
10.9postelection review of the votes cast for additional offices.
10.10The postelection review must be conducted in public at the location where the
10.11voted ballots have been securely stored after the state general election or at another
10.12location chosen by the county canvassing board. The postelection review official for
10.13each precinct selected must conduct the postelection review and may be assisted by
10.14election judges designated by the postelection review official for this purpose. The party
10.15balance requirement of section204B.19 applies to election judges designated for the
10.16review. The postelection review must consist of a manual count of the ballots used in the
10.17precincts selected and must be performed in the manner provided by section204C.21 . The
10.18postelection review must be conducted in the manner provided for recounts under section
10.19204C.361
to the extent practicable, and where ranked-choice voting is used, must include
10.20testing of the accumulation software using stored electronic data for those precincts that are
10.21not reviewed by manual count. The review must be completed no later than two days before
10.22the meeting of the state canvassing board to certify the results of the state general election.
1.3establishing procedures for adoption, implementation, and use of ranked-choice
1.4voting;amending Minnesota Statutes 2012, sections 205.13, subdivision 2;
1.5206.83; 206.89, subdivisions 2, 3; proposing coding for new law in Minnesota
1.6Statutes, chapter 206; proposing coding for new law as Minnesota Statutes,
1.7chapter 204E.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [204E.01] APPLICABILITY.
1.10This chapter applies to all elections expressly authorized in statute to use
1.11ranked-choice voting. All other provisions of the Minnesota Election Law also apply, to
1.12the extent they are not inconsistent with this chapter.
1.13 Sec. 2. [204E.02] DEFINITIONS.
1.14 Subdivision 1. Scope. The definitions in this section apply to this chapter.
1.15 Subd. 2. Batch elimination. "Batch elimination" means a simultaneous defeat of
1.16multiple continuing candidates that have no mathematical chance of being elected.
1.17 Subd. 3. Chief election official. "Chief election official" means the principal officer
1.18in the jurisdiction charged with duties relating to elections.
1.19 Subd. 4. Duplicate ranking. "Duplicate ranking" means a voter has ranked the
1.20same candidate at multiple rankings for the office being counted.
1.21 Subd. 5. Exhausted ballot. "Exhausted ballot" means a ballot that can no longer be
1.22advanced under the procedures in section 204E.06.
1.23 Subd. 6. Highest continuing ranking. "Highest continuing ranking" means the
1.24ranking on a voter's ballot with the lowest numerical value for a continuing candidate.
2.1 Subd. 7. Mathematically impossible to be elected. "Mathematically impossible to
2.2be elected" means either:
2.3(1) the candidate cannot be elected because the candidate's current vote total plus all
2.4votes that could possibly be transferred to the candidate in future rounds from candidates
2.5with fewer votes or an equal number of votes and surplus votes would not be enough to
2.6surpass the candidate with the next higher current vote total; or
2.7(2) the candidate has a lower current vote total than a candidate who is described
2.8by clause (1).
2.9 Subd. 8. Overvote. "Overvote" means a voter has ranked more than one candidate
2.10at the same ranking.
2.11 Subd. 9. Partially defective ballot. "Partially defective ballot" means a ballot that
2.12is defective to the extent that the election judges are unable to determine the voter's intent
2.13with respect to the office being counted.
2.14 Subd. 10. Ranked-choice voting. "Ranked-choice voting" means an election
2.15method in which voters rank candidates for an office in order of their preference, with
2.16each vote counting for the highest-ranked continuing candidate on each ballot until that
2.17candidate has been elected or defeated by the method established in this chapter.
2.18 Subd. 11. Ranked-choice voting tabulation center. "Ranked-choice voting
2.19tabulation center" means the place selected for the automatic or manual processing and
2.20tabulation of ballots.
2.21 Subd. 12. Ranking. "Ranking" means the number assigned by a voter to a candidate
2.22to express the voter's preference for that candidate. Ranking number one is the highest
2.23ranking. A ranking of lower numerical value indicates a greater preference for a candidate
2.24than a ranking of higher numerical value.
2.25 Subd. 13. Round. "Round" means an instance of the sequence of voting tabulation
2.26steps established in section 204E.06.
2.27 Subd. 14. Skipped ranking. "Skipped ranking" means a voter has left a ranking
2.28blank and ranks a candidate at a subsequent ranking.
2.29 Subd. 15. Surplus. "Surplus" means the total number of votes cast for an elected
2.30candidate in excess of the threshold.
2.31 Subd. 16. Surplus fraction of a vote. "Surplus fraction of a vote" means the
2.32proportion of each vote to be transferred when a surplus is transferred. The surplus
2.33fraction is calculated by dividing the surplus by the total votes cast for the elected
2.34candidate, calculated to four decimal places, ignoring any remainder.
2.35 Subd. 17. Threshold. "Threshold" means the number of votes sufficient for a
2.36candidate to be elected. In any given election, the threshold equals the total votes counted
3.1in the first round after removing defective ballots, divided by the sum of one plus the
3.2number of offices to be filled and adding one to the quotient, disregarding any fractions.
3.3 Subd. 18. Transfer value. "Transfer value" means the fraction of a vote that a
3.4transferred ballot will contribute to the next ranked continuing candidate on that ballot.
3.5The transfer value of a vote cast for an elected candidate is calculated by multiplying
3.6the surplus fraction of each vote by its current value, calculated to four decimal places,
3.7ignoring any remainder. The transfer value of a vote cast for a defeated candidate is the
3.8same as its current value.
3.9 Subd. 19. Transferable vote. "Transferable vote" means a vote or a fraction of a
3.10vote for a candidate who has been either elected or defeated.
3.11 Subd. 20. Totally defective ballot. "Totally defective ballot" means a ballot that is
3.12defective to the extent that election judges are unable to determine the voter's intent for
3.13any office on the ballot.
3.14 Subd. 21. Undervote. "Undervote" means a voter did not rank any candidates
3.15for an office.
3.16 Sec. 3. [204E.03] AUTHORIZATION TO ADOPT RANKED-CHOICE VOTING;
3.17IMPLEMENTATION.
3.18(a) The following political subdivisions may adopt, in the manner provided in
3.19this subdivision, ranked-choice voting as a method of voting for local offices within
3.20the political subdivision:
3.21(1) home rule charter or statutory cities;
3.22(2) counties;
3.23(3) townships; and
3.24(4) school districts.
3.25(b) A jurisdiction that adopts ranked-choice voting may do so by adopting an
3.26ordinance or resolution or by a ballot question presented to the voters. Adoption of an
3.27ordinance or resolution must be by a unanimous vote of all members of the governing
3.28body. The ranked-choice voting method may be repealed by one of the same methods
3.29provided for adoption.
3.30(c) A home rule charter jurisdiction that adopts a ranked-choice voting system in
3.31its charter may adopt this chapter by reference in an ordinance, but is not required to
3.32do so. Nothing in this chapter prevents a home rule charter jurisdiction from adopting
3.33another voting method in its charter.
3.34(d) Ranked-choice voting shall only be used to elect local offices at a general or
3.35special election, or at a primary election which serves as a party-nominating election for a
4.1partisan office. A primary election must not be held for any nonpartisan offices that are
4.2elected using ranked-choice voting.
4.3(e) A jurisdiction that adopts the use of ranked-choice voting in local elections must
4.4do so no later than 30 days before the first day for filing affidavits of candidacy for the
4.5office for which ranked-choice voting is to be used as the method of election.
4.6(f) Repeal of ranked-choice voting must be no later than 30 days before the first day
4.7for filing affidavits of candidacy for offices for which ranked-choice voting is used as
4.8the method of election.
4.9(g) The chief election official shall notify the secretary of state and, if applicable, the
4.10county auditor within 30 days following adoption or repeal of ranked-choice voting.
4.11 Sec. 4. [204E.04] BALLOTS.
4.12 Subdivision 1. Ballot format. (a) If there are three or more qualified candidates,
4.13a ballot must allow a voter to rank at least three candidates for each office in order of
4.14preference and must also allow the voter to add write-in candidates.
4.15(b) A ballot must:
4.16(1) include instructions to voters that clearly indicate how to mark the ballot;
4.17(2) include instructions to voters that clearly indicate how to rank candidates in
4.18order of the voter's preference; and
4.19(3) indicate the number of seats to be elected for each office.
4.20(c) A jurisdiction may use ballots compatible with alphanumeric character
4.21recognition voting equipment.
4.22 Subd. 2. Mixed-election method ballots. If elections are held in which
4.23ranked-choice voting is used in addition to other methods of voting, the ranked-choice
4.24voting and non-ranked-choice voting elections must be on the same ballot card if possible,
4.25with ranked-choice voting and non-ranked-choice voting portions clearly separated on the
4.26ballot card. A separate ballot card may be used if necessary. A jurisdiction may deviate
4.27from the standard ballot order of offices to allow separation of ranked-choice voting
4.28and non-ranked-choice voting elections.
4.29 Subd. 3. Ballot format rules. The chief election official shall establish
4.30administrative rules for ballot format after a voting mechanism has been selected,
4.31consistent with this section.
4.32 Sec. 5. [204E.05] RANKED-CHOICE VOTING TABULATION CENTER.
4.33 Subdivision 1. Tabulation of votes; generally. The chief election official shall
4.34designate one location to serve as the ranked-choice voting tabulation center. The
5.1center must be accessible to the public for the purpose of observing the vote tabulation.
5.2Tabulation of votes must be conducted as described in section 204E.06.
5.3 Subd. 2. Precinct tabulation. When the hours for voting have ended and all voting
5.4has concluded, the election judges in each precinct shall record and publicly declare
5.5the number of first choices cast for each candidate in that precinct. The election judges
5.6must then securely transfer all electronic voting data and ballots from the precinct to the
5.7ranked-choice voting tabulation center designated under this section. Upon receipt at the
5.8ranked-choice voting tabulation center, all electronic voting data and ballots shall be
5.9secured.
5.10 Subd. 3. Notice of recess in count. At any time following receipt of materials under
5.11subdivision 1, the chief election official may declare a recess. Notice of the recess must
5.12include the date, time, and location at which the process of recording and tabulating votes
5.13will resume and the reason for the recess. Notice must be posted on the city's official
5.14bulletin board and on the door of the ranked-choice voting tabulation center.
5.15 Subd. 4. Recording write-in votes. At a time set by the chief election official,
5.16the judges of the election shall convene at the ranked-choice voting tabulation center to
5.17examine ballots on which voters have indicated a write-in choice, and record the names
5.18and number of votes received by each write-in candidate. In the event that votes cast for
5.19the write-in category are not eliminated as provided in section 204E.06, the results must
5.20be entered into the ranked-choice voting tabulation software.
5.21 Subd. 5. Ranked-choice vote tabulation. After all votes have been recorded, and at
5.22a time set by the chief election official, the process of tabulating votes cast for offices to be
5.23elected using the ranked-choice method must begin. The counting must continue until
5.24preliminary results for all races are determined, subject to subdivision 3.
5.25 Sec. 6. [204E.06] TABULATION OF VOTES.
5.26(a) Tabulation of votes at the ranked-choice voting tabulation center must proceed
5.27in rounds for each office to be counted. The threshold must be calculated and publicly
5.28declared. Each round must proceed sequentially as follows:
5.29(1) the number of votes cast for each candidate for the current round must be counted.
5.30If the number of candidates whose vote totals equal or exceed the threshold are equal to
5.31the number of seats to be filled, those candidates who are continuing candidates are elected
5.32and the tabulation is complete. If the number of candidates whose vote totals are equal to
5.33or greater than the threshold is not equal to the number of seats to be filled, a new round
5.34begins and the tabulation must continue as provided in the remainder of this paragraph;
6.1(2) surplus votes for any candidates whose vote totals are equal to or greater than
6.2the threshold must be calculated;
6.3(3) after any surplus votes are calculated but not yet transferred, all candidates for
6.4whom it is mathematically impossible to be elected must be defeated by batch elimination.
6.5Votes for the defeated candidates must be transferred to each ballot's next-ranked continuing
6.6candidate, and the tabulation process reiterates beginning with clause (2). If no candidate
6.7can be defeated mathematically, the tabulation must continue as described in clause (4);
6.8(4) the transfer value of each vote cast for an elected candidate must be transferred
6.9to the next continuing candidate on that ballot. Of the candidates whose vote totals reach
6.10or exceed the threshold, the candidate with the largest surplus is declared elected and that
6.11candidate's surplus is transferred. A tie between two or more candidates must immediately
6.12and publicly be resolved by lot by the chief election official at the tabulation center. The
6.13surplus of the candidate chosen by lot must be transferred before other transfers are made.
6.14The result of the tie resolution must be recorded and reused in the event of a recount. If no
6.15candidate has a surplus, the tabulation must continue as described in clause (5); otherwise,
6.16the tabulation process must reiterate beginning with clause (2);
6.17(5) if there are no transferable surplus votes, the candidate with the fewest votes is
6.18defeated. Votes for the defeated candidate must be transferred to each ballot's next-ranked
6.19continuing candidate. Ties between candidates with the fewest votes must be decided by
6.20lot, and the candidate chosen by lot must be defeated. The result of the tie resolution must
6.21be recorded and reused in the event of a recount. The tabulation process must reiterate
6.22beginning with clause (2); and
6.23(6) the procedures in clauses (2) to (5) must be repeated until the number of
6.24candidates whose vote totals are equal to or exceed the threshold is equal to the number of
6.25seats to be filled, or until the number of continuing candidates is equal to the number of
6.26offices yet to be elected. If the number of continuing candidates is equal to the number of
6.27offices yet to be elected, the remaining continuing candidates must be declared elected.
6.28In the case of a tie between two continuing candidates, the tie must be decided by lot as
6.29provided in section 204C.34, and the candidate chosen by lot must be defeated. The result
6.30of the tie resolution must be recorded and reused in the event of a recount.
6.31(b) When a single skipped ranking is encountered on a ballot, that ballot must count
6.32toward the next nonskipped ranking. If any ballot cannot be advanced because no further
6.33candidates are ranked on that ballot, because a voter has skipped more than one ranking,
6.34or because an undervote, overvote, or duplicate ranking is encountered, the ballot must
6.35not count toward any candidate in that round or in subsequent rounds for the office being
6.36counted.
7.1 Sec. 7. [204E.07] REPORTING RESULTS.
7.2(a) Each precinct must print a precinct summary statement, which must include the
7.3number of first choices cast for each candidate in that precinct.
7.4(b) The ranked-choice voting tabulation center must print a summary statement with
7.5the following information: total votes cast; number of undervotes; number of totally
7.6defective and spoiled ballots; threshold calculation; total first choice rankings for all
7.7candidates; round-by-round tabulation results, including simultaneous batch eliminations,
7.8surplus transfers, and defeated candidate transfers; and exhausted ballots at each round.
7.9(c) The election abstract must include the information required in the ranked-choice
7.10voting tabulation center summary statement, with the addition of the number of registered
7.11voters by precinct, the number of same-day voter registrations, and the number of
7.12absentee voters.
7.13 Sec. 8. [204E.08] RECOUNTS.
7.14(a) A candidate defeated in the final round of tabulation may request a recount
7.15as provided in section 204C.36.
7.16(b) A candidate defeated in the final round of tabulation when the vote difference is
7.17greater than that provided in section 204C.36 may request a recount at the candidate's own
7.18expense. A candidate defeated in an earlier round of tabulation may request a recount at the
7.19candidate's own expense. The candidate is responsible for all expenses associated with the
7.20recount, regardless of the vote difference between the candidates in the round in which the
7.21requesting candidate was defeated. The requesting candidate shall file with the filing officer
7.22a bond, cash, or surety in an amount set by the filing officer for the payment of the recount
7.23expenses. Expenses must be determined as provided in section 204C.36, subdivision 4.
7.24(c) Rules adopted by the secretary of state under section 204C.36 for recounts apply
7.25to recounts conducted under this section.
7.26 Sec. 9. [204E.09] RULES.
7.27The secretary of state may adopt rules necessary to implement the requirements
7.28and procedures established by this chapter.
7.29 Sec. 10. Minnesota Statutes 2012, section 205.13, subdivision 2, is amended to read:
7.30 Subd. 2. Notice of filing dates. At least two weeks before the first day to file
7.31affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last
7.32dates on which affidavits of candidacy may be filed in the clerk's office and the closing time
7.33for filing on the last day for filing. The clerk shall post a similar notice at least ten days
8.1before the first day to file affidavits of candidacy. The notice must indicate the method of
8.2election to be used for the offices on the ballot. The notice must separately list any office
8.3for which affidavits of candidacy may be filed to fill the unexpired portion of a term when a
8.4special election is being held to fill a vacancy as provided in section
8.5 Sec. 11. [206.802] ELECTRONIC VOTING SYSTEMS; PURCHASING.
8.6Any new voting equipment purchased for use in Minnesota for the purpose of
8.7replacing a voting system must have the ability to:
8.8(1) capture and store ballot data;
8.9(2) keep data anonymous;
8.10(3) accept ranked or cumulative voting data under a variety of tabulation rules;
8.11(4) be programmable to follow all other specifications of the ranked-choice voting
8.12system as provided in chapter 204E;
8.13(5) provide a minimum of three rankings for ranked-choice voting elections;
8.14(6) notify voters of the following errors: overvotes, skipped rankings, and duplicate
8.15rankings in a ranked-choice voting election; and
8.16(7) be programmable to print a zero tape indicating all rankings for all candidates in
8.17a ranked-choice voting election.
8.18EFFECTIVE DATE.This section is effective upon certification by the secretary
8.19of state that equipment meeting the standards required by this section is available for
8.20purchase and implementation.
8.21 Sec. 12. Minnesota Statutes 2012, section 206.83, is amended to read:
8.22206.83 TESTING OF VOTING SYSTEMS.
8.23(a) Within 14 days before election day, the official in charge of elections shall
8.24have the voting system tested to ascertain that the system will correctly mark ballots
8.25using all methods supported by the system, including ranked-choice voting if applicable,
8.26and through assistive technology, and count the votes cast for all candidates and on all
8.27questions. Public notice of the time and place of the test must be given at least two days
8.28in advance by publication once in official newspapers. The test must be observed by at
8.29least two election judges, who are not of the same major political party, and must be open
8.30to representatives of the political parties, candidates, the press, and the public. The test
8.31must be conducted by (1) processing a preaudited group of ballots punched or marked to
8.32record a predetermined number of valid votes for each candidate and on each question,
8.33and must include for each office one or more ballot cards which have votes in excess of
9.1the number allowed by law in order to test the ability of the voting system tabulator and
9.2electronic ballot marker to reject those votes; and (2) processing an additional test deck
9.3of ballots marked using the electronic ballot marker for the precinct, including ballots
9.4marked using the electronic ballot display, audio ballot reader, and any assistive voting
9.5technology used with the electronic ballot marker. If an election is to be conducted using
9.6ranked-choice voting, the equipment must also be tested to ensure that each ranking
9.7for each candidate is recorded properly.
9.8(b) If any error is detected, the cause must be ascertained and corrected and an
9.9errorless count must be made before the voting system may be used in the election.
9.10(c) After the completion of the test, the programs used and ballot cards must be
9.11sealed, retained, and disposed of as provided for paper ballots.
9.12 Sec. 13. Minnesota Statutes 2012, section 206.89, subdivision 2, is amended to read:
9.13 Subd. 2. Selection for review; notice. At the canvass of the state primary,
9.14the county canvassing board in each county must set the date, time, and place for
9.15the postelection review of the state general election to be held under this section. In
9.16jurisdictions where ranked-choice voting is used, the date, time, and place for postelection
9.17review must be set by the county auditor at least 30 days before the election.
9.18 At the canvass of the state general election, the county canvassing boards must select
9.19the precincts to be reviewed by lot. Ballots counted centrally by a ballot board shall be
9.20considered one precinct eligible to be selected for purposes of this subdivision. The county
9.21canvassing board of a county with fewer than 50,000 registered voters must conduct a
9.22postelection review of a total of at least two precincts. The county canvassing board of a
9.23county with between 50,000 and 100,000 registered voters must conduct a review of a total
9.24of at least three precincts. The county canvassing board of a county with over 100,000
9.25registered voters must conduct a review of a total of at least four precincts, or three percent
9.26of the total number of precincts in the county, whichever is greater. At least one precinct
9.27selected in each county must have had more than 150 votes cast at the general election.
9.28 The county auditor must notify the secretary of state of the precincts that have been
9.29chosen for review and the time and place the postelection review for that county will be
9.30conducted, as soon as the decisions are made. If the selection of precincts has not resulted
9.31in the selection of at least four precincts in each congressional district, the secretary of state
9.32may require counties to select by lot additional precincts to meet the congressional district
9.33requirement. The secretary of state must post this information on the office Web site.
9.34 Sec. 14. Minnesota Statutes 2012, section 206.89, subdivision 3, is amended to read:
10.1 Subd. 3. Scope and conduct of review. The county canvassing board shall appoint
10.2the postelection review official as defined in subdivision 1. The postelection review must
10.3be conducted of the votes cast for president or governor; United States senator; and United
10.4States representative. In jurisdictions where ranked-choice voting is used, the review
10.5must also include at least one single-seat ranked-choice voting election and at least one
10.6multiple-seat ranked-choice voting election, if such an election occurred. A postelection
10.7review of a ranked-choice voting election must be conducted for elections decided most
10.8closely in the final round, by percentage. The postelection review official may conduct
10.9postelection review of the votes cast for additional offices.
10.10The postelection review must be conducted in public at the location where the
10.11voted ballots have been securely stored after the state general election or at another
10.12location chosen by the county canvassing board. The postelection review official for
10.13each precinct selected must conduct the postelection review and may be assisted by
10.14election judges designated by the postelection review official for this purpose. The party
10.15balance requirement of section
10.16review. The postelection review must consist of a manual count of the ballots used in the
10.17precincts selected and must be performed in the manner provided by section
10.18postelection review must be conducted in the manner provided for recounts under section
10.20testing of the accumulation software using stored electronic data for those precincts that are
10.21not reviewed by manual count. The review must be completed no later than two days before
10.22the meeting of the state canvassing board to certify the results of the state general election.
