Public Safety Committee weighs felony penalty additions for election document disposal in House File 1800

The House Public Safety Committee on March 19 heard author testimony and questions on House File 1800, a bill that would add criminal penalties relating to the handling and disposal of election materials.

Representative Quam, the bill’s sponsor, told the committee the measure would make certain improper disposal of ballots and other election documents a felony to deter intentional destruction and to prevent future election controversies. "So the idea is if it's listed as a felony, then people might take more notice and purposely try to avoid the accidental throwing away of ballots, envelopes, and other documents and things affiliated with elections," Quam said.

The committee’s action and why it matters

The bill drew questions from several members and nonpartisan staff about how the proposed language would interact with existing criminal statutes. Representative Pinto said portions of the bill could unintentionally reduce penalties in some circumstances, noting current law. "I believe 609.48 is the statute that I think it's already a violation of," Pinto said, warning that the bill’s changes could mean some conduct would carry a lesser penalty than under current law. Nonpartisan staff identified misdemeanor language on page 8 and felony language on page 14 of the draft bill and a third potential criminal provision on page 19.

To address concerns raised in prior committee hearings, Quam proposed and moved amendment A3, which he said removed provisions that had prompted objections and "cleaned it up" so the measure would not need to be referred to Judiciary. The committee approved the amendment by voice vote. After discussion about overlapping statutes and objections noted by outside stakeholders, members laid the bill over for further work.

What the record shows

- Sponsor: Representative Quam (author/testifier). - Key reviewers: Representative Pinto and nonpartisan staff (Mr. Johnson provided page/line citations). - Amendment: A3 (mover: Representative Quam); committee approved the amendment by voice vote. - Outcome: House File 1800 as amended was laid over for further consideration.

Clarifying details and context

Nonpartisan staff pointed to a misdemeanor provision located on page 8 (lines 27–28) of the draft and a felony provision on page 14 (lines 10–11). Representative Pinto and staff noted existing statutes that criminalize false statements and other election-related misconduct (staff cited Minnesota Stat. § 609.48 and a separate election-related statute identified in discussion). Several organizations—reported during the discussion as having registered opposition in earlier stages—include the Secretary of State’s office and associations representing counties and cities, according to members’ remarks. The committee did not take a recorded roll-call vote on the bill; actions were taken by voice vote and by laying the bill over.

Next steps

Members and the author agreed to continue negotiations offline to resolve potential conflicts with existing law and concerns about the fiscal and legal consequences of creating new criminal offenses. The bill will return to the committee for additional review before any final recommendation.