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NO T STA <br />LAW GROUP <br />MEMORANDUM: <br />TO: BRIAN HAGEN <br />FROM: CITYATTORNEY <br />RE: ELECTRONIC POLLBOOKAGREEMENT <br />Recently, the City Council asked me to review applicable law and the City's <br />obligations with respect to the use of an electronic roster system by the <br />City's election officials in the upcoming election. <br />As part of my examination, I was given a copy of an Agreement signed by <br />a representative of the City on June 14, 2018, and the Anoka County <br />Administrator on July 9 of that same year dealing with the provision of <br />the necessary Election Equipment by the County to the City and detailing <br />the respective responsibilities and liabilities of the parties. <br />In addition, I was provided with copies given to council members by a <br />citizen group advocating a return to the use of paper pott books at city <br />and county polling places instead of the electronic devices used since <br />2018. While it is important to note that there are no known instances <br />of data breaches occurring in the currently utilized system, the bases <br />for the concerns raised have to do with the possible breach of the data <br />systems utilized by the electronic system that would not be possible <br />using a paper -only system. Prior to 2018, the polling books were paper <br />only. <br />The statute authorizing the use of electronic poll books is Minn.Stat.2O1 .225. <br />The Statute provides that the chief election official of the County on State <br />elections "may" utilize electronic polling upon application and approval <br />to and by the Secretary of State. The election official can determine whether <br />all or any number of precincts within its jurisdiction shall utilize the electronic <br />system. In the case of Anoka County, all precincts utilize electronic polling <br />books, including those in the City of Ramsey. <br />While there does not appear to be an express opt -out provision, the language <br />of the statute clearly gives to the election official the discretion to allow any <br />or all of the precincts in that jurisdiction to use that technology. Once the <br />notification is provided to the Secretary of State, it is valid for all subsequent <br />elections "unless revoked bythe county, municipality, or school district." <br />Minn.Stat.2O1 .225, subd. 6 <br />While the context for the revocation of the notification would imply the <br />1295 Bandana Blvd. N. I Suite 335 I St. Paul, MN 55108 I www.northstarlaw.com I 651-330-9578 <br />