Capitol Letter for May 20, 2024

The Capitol Letter™ is a recurring publication that includes reports from LWV Minnesota volunteer Observer Corps and Lobby Corps members on what is happening in the current legislative session.

 

2024 Minnesota Legislative Session Election and Democracy Activity

Election and Redistricting Policy Coordinator Paul Huffman

Elections Omnibus

This bill (HF 4772) includes both the Election Finance and Election Policy Omnibus’ (HF4772/SF4729; HF4411/SF4260).  The significant components of the Elections Omnibus include:

·       MN State Voting Rights Act:  This establishes elements of Article II of the federal Voting Rights Act of 1965 in Minnesota law with respect to voter suppression and vote dilution, and provides for the right individual or group action to claim a violation of the MN VRA.  The Act provides specific requirements to be addressed to identify voter suppression or vote dilution; provides for a pre-suit notice to quickly identify and address potential issues that require timely resolution; and provides a mechanism to establish wards in a statutory city without creating a city charter. (Effective the day following final enactment)

·       Ended “Prison Gerrymandering”: Legislation requires incarcerated persons be counted for state and local redistricting at their last known address before being incarcerated.  Individuals incarcerated in Minnesota whose last known address was outside of MN, will be counted as part of the state-wide population and will not be counted for the purposes of state or local redistricting in Minnesota. (Effective January 1, 2030)

·       Campus Voting Locations:  When requested by a postsecondary institution or the student government organization of a postsecondary institution, county auditors or municipal clerks are required to must establish an​ additional temporary polling place for the state general election or the odd-year city general​ election for at least one day at a location agreed upon by the institution and the county​ auditor or municipal clerk.  The request must be made before May 31 in the year it is requested and only applies to institutions with provide on-campus housing for at least 100 students.  The legislation provides for reimbursement to counties and cities for the additional cost of these polling places.  (Effective January 1, 2025)

·       Voter Registration using description of residence:  Paper voter registration forms are required to allow individuals to provide a description of their residence if they do not have a specific physical address.  The​ description must be sufficient for the county auditor to identify the correct precinct for the​ voter. (Effective June 1, 2024)

·       Clarified requirements for use of student housing lists to establish proof of residence for post-secondary students. (Effective June 1, 2024)

·       Modified the requirements for voter registration opportunities in public schools to require that paper and electronic voter registration applications must be provided each May and September to all students that are eligible to register (or preregister) to vote (16 and over). (Effective upon enactment)

·       Language minority districts and translated ballot materials:  The requirements established in 2023 were clarified to require 1) designation of language minority districts by January 1 of each year, and the list of these districts to be published on the OSS website, and 2) if more than one language is in more than 3 percent of the district, translated materials must be provided in the most common foreign language and for any language which is more than 3 percent of a census tract in the district. (Effective June 1, 2024)

·       On-line absentee ballot applications: OSS is required to offer on-line absentee ballot application for all local elections, with the exception of township elections held in March. (Effective September 1, 2025 for elections held on November 4, 2025)

·       Protection of Voter Public Information lists:  Enacted limitations on the sharing or distribution of registered voter public information lists to prevent sale, distribution or posting on the internet outside the recipient’s organization. (Effective upon enactment)

·       Deep Fakes and disclosure of personal information:  Additional restrictions were establish on use of deep fake materials and disclosure of personal information about public officials. (Effective July 1, 2024)

·       State and Local Lobbying:  Requires a study to be conducted by the Campaign Finance and Public Disclosure Board to make recommendations to the legislature on definitions of the terms "lobbyist," "local official," "public​ official," and "official action of a political subdivision" for purposes of Minnesota Statutes.  There was significant concern about the role of corporate executives and ”experts” employed by companies or lobbyists who may exercise influence on state and local decision-makers.  (Study due January 15, 2025)

·       Election Canvass, recounts, and certification of presidential electors:  Timelines for performance of state election canvassing board, recounts, and selection of electors were changed to comply with the federal Electoral Count Act. (Effective upon enactment)

·       OSS identification of deceased voters:  Requires the secretary of state to notify county auditors of any reported as deceased by the Social Security Department or vital records so the county auditor can update the statewide voter registration system. (This was previously optional.)  (Effective upon enactment)

·       Census and Redistricting:  The statute established in 2023 to require census worker access to multi-unit housing during census years was changed to remove the date limitation.  This change was required because access is required outside of that period for the American Community Survey (ACS) and to validate census results. (Effective upon enactment)

Redistricting

Three sets of bills were introduced during the session proposing constitutional amendments to change the existing process for creating congressional and legislative district maps after each election.  One bill (HF 4598/SF 4785), a 3-part “good government” bill received hearings in both chambers.  One additional bill (HF 4593/SF 4894) received hearings in the House.  A third bill (HF 5404/SF 5450) was introduced late in the session and did not receive a hearing.  Specifics:

·       HF 4593/SF 4894:  This is the “With Us, For Us” redistricting bill which was developed by Common Cause MN and LWV MN based on grass roots input, and review of best practices and lessons learned in redistricting.  This bill proposed a constitutional amendment to create a 15-member independent redistricting commission with measures to ensure the commission reflected the racial, ethnic, geographic, political and demographic diversity of Minnesota.

·       HF 4598/SF 4785:  This “good government” bill consisted of three elements which were proposed to be presented as a single question on the ballot as a constitutional amendment.  The components included an independent citizen redistricting commission, limitations on employment as a lobbyist by current and former legislators, and removal of limitations on the conduct of the legislative session.

·       HF 5404/SF 5450:  This bill was introduced late in the legislative session and would provide for an independent political appointee commission, composed of individuals selected by legislative leaders who would create congressional and legislative maps after each decennial census.  This bill has very limited redistricting principles and requires very narrow population variances, effectively mimicking the court drawn map process. The principles are much more limited than either those used by the 2022 Special Redistricting Panel or included in either of the other two bills introduced. 

LWVMN Advocacy

As we conclude this Minnesota Legislative Session, it's perhaps a good time to remember the Principles, or “concepts of government,” to which the League subscribes, which form the basis for our advocacy, along with our approved positions:  

  • LWV believes in representative government and in the individual liberties established in the Constitution of the United States. The League of Women Voters of the United States believes that all powers of the US government should be exercised within the constitutional framework of a balance among the three branches of government: legislative, executive, and judicial.

  • LWV believes that democratic government depends upon the informed and active participation of its citizens and requires that governmental bodies protect the citizen’s right to know by giving adequate notice of proposed actions, holding open meetings and making public records accessible.

  • LWV believes that every citizen should be protected in the right to vote; that every person should have access to free public education which provides equal opportunity for all; and that no person or group should suffer legal, economic or administrative discrimination. 

  • LWV believes that efficient and economical government requires competent personnel, the clear assignment of responsibility, adequate financing and coordination among the different agencies and levels of government. 

  • LWV believes that responsible government should be responsive to the will of the people; maintain an equitable and flexible system of taxation; promote the conservation and development of natural resources in the public interest; share in the solution of economic and social problems that affect the general welfare; promote a sound economy; and adopt domestic policies that facilitate the solution of international problems. 

  • LWV believes that cooperation with other nations is essential in the search for solutions to world problems, and that the development of international organization and international law is imperative in the promotion of world peace.

2024 Legislative Session Recap of LWVMN Priorities

Please join LWVMN on Friday, May 24 at noon for a virtual recap of our statewide priorities in the 2024 Legislative Session. We will cover the Election and Democracy updates above, what happened with the ERA, and more! We also cover partner updates and overview our advocacy.

 
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