In Minnesota, legislatively referred amendments are the only form of statewide direct democracy available. Proposed constitutional amendments must be submitted to voters at general elections. Ballot language is generally prepared by the Secretary of State. Ballot titles must also be approved by the Attorney General. Minnesota statutes allow any individual to petition for judicial review of errors in the preparation of the ballot.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Minnesota
Minnesota does not have initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Minnesota voters. Minn. Const. art. IX, § 1. Specifically, amendments must be approved by a majority of all the electors voting at the election (not just those voting for the amendment). See id.
Election Timing
Legislatively referred amendments must be submitted to voters at a general election after they are approved by a majority of members elected to each house of the legislature. Minn. Const. art. IX, § 1.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for each proposed constitutional amendment must contain the following information.
- Appropriate ballot title (1 line of text or less, immediately above the question). Minn. Stat. § 204D.15(1).
- Pursuant to statute, the ballot title is provided by the Secretary of State and approved by the Attorney General. However, the Minnesota Supreme Court has held that when the legislature supplies a title, this is the “appropriate” title that the Secretary of State must use. Limmer v. Ritchie, 819 N.W.2d 622 (Minn. 2012).
- Concise statement of the nature of the question. Minn. Stat. § 204B.36(3).
- Ballot language must be prepared in a manner that enables the voters to understand which questions are to be voted upon. § 204B.35(2). The provisions do not indicate that anyone other than the Secretary of State is involved in preparing this statement.
- Conspicuous notice that a voter’s failure to vote on a constitutional amendment has the effect of a negative vote. § 204D.15(1).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Between two to fifteen days before the election, each county auditor must publish a sample ballot in a newspaper of general circulation in the count. Minn. Stat. § 204D.16. The Secretary of State is responsible for ensuring that information about constitutional amendments is provided to each county auditor. Id. § 204D.15(2).
Additionally, Minnesota law requires the Secretary of State to operate a toll-free voter information hotline, which must include election-related information considered by the Secretary of State to be useful to the public. Minn. Stat. § 204B.27(8).
Voter Information Pamphlet
- Minnesota law does not require a state voter information pamphlet for constitutional amendments.
JUDICIAL REVIEW
When and how can the court step in?
Minnesota statutes allow any individual to petition for judicial review of errors in the preparation of the ballot or wrongful acts or omissions of any state or local election official. See Minn. Stat. § 204B.44(a)(2)–(4).
Sample case: League of Women Voters v. Ritchie, 819 N.W.2d 636 (Minn. 2012) (noting that a “high standard” is required for a court to find language to be misleading, and rejecting argument that the ballot question was misleading).