Senate elections committee advances SF3096, shifts presidential-primary costs to parties

The Minnesota Senate Elections Committee on Thursday voted 6-5 to advance Senate File 3096, the elections omnibus bill, sending it to the Finance Committee after adopting several amendments that add one-time voter outreach and litigation funding and change how presidential-primary costs are billed.

The bill as amended includes a one-time $260,000 allocation for voter outreach in low-turnout counties, a $200,000 one-time transfer into the Help America Vote Act (HAVA) account to match federal funds, operating adjustments for the Campaign Finance and Public Disclosure Board and other one-time transfers and expenses, committee staff said. The measure also directs the secretary of state to invoice major political parties equally for the costs of running a presidential nomination primary.

The changes were explained to the committee by nonpartisan staff member Mr. Erickson. Mr. Erickson told members the A4 amendment contains a list of change items, including a $79,000 operating adjustment in the first biennium and $106,000 in the tail biennium for the Campaign Finance Board and what he described as a recognition of a previously double-counted $2,100,000 one-time transfer to the general campaign account for public subsidy. He also identified $500,000 in one-time money for litigation expenses tied to a suit involving the Campaign Finance Board, and a line-item transfer into the voting equipment grant account.

Nicole Freeman of the Office of the Secretary of State thanked the committee for the state match and said the transfer will unlock federal election-security funds. "That money will allow us to unlock $1,000,000 in federal funds," Freeman said, adding that the additional HAVA-related funds would support cybersecurity work, a three-member election-security navigator team that assists county election officials, and updates to the statewide voter registration system (SVRS). She also said the outreach funding in the A4 will be used to encourage voter participation in counties with low turnout.

During floor discussion, Sen. Sarah Wesson told the committee that the presidential nomination primary, originally estimated at roughly $3 million to operate, is now running closer to $15 million. "Given the budget constraints and that these are party-run primaries, we are shifting that cost to them," she said, explaining that the secretary of state would prepare invoices to the eligible major parties for their share. Wesson added that the cost would only be billed in years when a presidential primary occurs.

Committee members debated the legality and risk of shifting primary costs to parties. One senator warned the approach "may even be ruled unconstitutional" and indicated they would vote against that provision and possibly increase the litigation fund in future budgets. The committee nonetheless adopted the A4 amendment by roll call, 6 ayes to 5 nays.

The committee subsequently adopted an A6 amendment to incorporate a previously marked-up policy omnibus and then an A7 amendment comprising primarily technical corrections, including clarifying that the term "candidate" covers both state and local candidates and requiring the secretary of state to enable the online absentee ballot application for all elections. Both amendments were adopted; the A6 amendment passed by roll call 6-5 and the A7 amendment was adopted by voice vote.

After additional brief remarks and thanks to staff, Sen. Wessel moved that Senate File 3096, as amended, be recommended to pass and referred to the Finance Committee with staff instructed to make technical conforming changes. The committee approved that motion on a roll-call vote of 6 ayes and 5 nays.

Votes at a glance: the committee recorded three roll-call actions on the bill package—adoption of the A4 authors' amendment (6–5), adoption of the A6 policy omnibus amendment (6–5), and final recommendation to pass SF3096 as amended and refer it to Finance (6–5). Several senators voiced concern about the provision billing parties for presidential-primary costs and signaled they would vote no on that portion; one member said the question may lead to future litigation.

The committee discussion focused on budget-line changes and the administrative mechanics of implementing the bill; no final appropriations are enacted until the Finance Committee and subsequent floor action. Staff were instructed to make technical conforming edits before the bill proceeds.

The meeting adjourned after the roll call and brief closing remarks.