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No-excuse mail-in began in 2014 leading to large increase in absentee/mail-in ballots and votes.
Minnesota's 93rd Legislature (2023) made:
As seen in MS 206.58 AUTHORIZATION FOR USE. Subd. 1 Municipalities. ''Once a municipality has adopted the use of an electronic voting system in one or more precincts, the municipality must continue to use an electronic voting system for state elections in those precincts.''.
This statute does not address the ex post facto nature of the law: When counties chose to use electronic equipment they would not have known this law was going to be passed later, removing their choice. Additionally, it is unclear whether redrawing precinct lines would refresh the option for the county.
For ballot images MS 206.845 BALLOT RECORDING AND COUNTING SECURITY. Subd. 3 Cast vote records. shows, after the ordered list of 5 items, an additional line of text: ''Data stored as images are protected nonpublic data under section 13.02. It is unclear why a sixth item with this information was not put into the numbered list, but rather listed below. Perhaps it was a late addition during drafting?
The entire subdivision on cast vote records was added in 2023 after many Minnesota county auditors, county attorneys, and even the MN Secretary of State suggested they either were turned off, did not exist, or were not accessible. Note: If cast vote records were to be somehow turned off, this action would decertify that tabulator according to the Election Assistance Commission (EAC).
For all 2023 election laws in a 536-page pdf, click here.
Additional amendments are in the works for 2024.
For instance, added to MS 204C.20 BALLOTS; NUMBER TO BE COUNTED. will be a subdivision which reads: Subd. 5. Precincts with ballot tabulators. In precincts using ballot tabulators, once the final count of ballots agrees with the number of ballots to be counted, election judges must immediately prepare the summary statement in accordance with section 204C.24 and seal the ballots in accordance with section 204C.25 for return to the county auditor. The effective date will be June 1, 2024. Click here to see HF4772.This new subdivision would seem to be aimed at preventing a parallel hand count on election day after the ballots have gone through the electronic tabulator.
Not much, but perhaps more than one may think... Consider:
*It appears that the 94th Legislature (2024) will introduce a new subdivision in MS 204C.20 BALLOTS; NUMBER TO BE COUNTED. which will hinder this idea, even though it is not strictly speaking illegal. (It would be surprising for the legislature to outlaw hand counting given that it is the default backup plan in case of electronic outages.)
The above are currently legal, but that can change. If pursuing any of the above and facing resistance, ask oneself: Why should anyone object if the goal is a secure, transparent, verifiable, and accessible election and these approaches are within the currently written election codes?
If the laws change in response to your efforts, then so be it.
Instead of 536 pages of laws, why not try the following?
Cities, towns, and counties will decide how to conduct their elections, so long as:
With such an approach, it can be seen that there is:
Instead, the will of the people, through decision-making at the city, town, and county level, determines how best to carry out their elections, so long as it is in keeping with the principles of integrity, security, transparency, verifiability, acessibility, and accuracy.