Senator Mark Koran raises concerns about lack of transparency in 2023 election rulemaking

Senator Mark Koran (R-North Branch) this week submitted a letter to Secretary of State Steve Simon expressing concerns about a lack of transparency in the election rulemaking process currently underway.

While the Secretary of State requested public comments on potential changes to Minnesota election rules, no draft language of proposed rules was been made available before the public comment period closed.

“On its face, it is insulting to Minnesotans to withhold language that will largely affect voters, while still expecting meaningful comments on the topic,” Sen. Koran wrote.

Sen. Koran also drew attention to the obscurity from the Secretary Simon’s office about which rules are newly crafted and which ones originate from the legislature last session, leading to public confusion and mistrust. Senator Koran asked Secretary Simon for greater clarity about which proposed rule changes are new versus legislatively mandated. 

“You are accountable to voters and must provide the most accurate information when it comes to election rulemaking,” Sen. Koran added.

The full text of Sen. Koran’s letter, which was submitted to The Secretary of State Government Relations Director, is as follows:

I am writing to your office today to submit public comment on the 2023 Election Rulemaking you have proposed.

Your office has requested public comments on the “possible” rulemaking changes to nearly each aspect of our election law but has stated “The Office of the Secretary of State does not anticipate that a draft of the rules will be available before the publication of the proposed rules”. I am troubled by this lack of information before the closure of your public comment period. On its face, it is insulting to Minnesotans to withhold language that will largely affect voters, while still expecting meaningful comments on the topic. Your office has yet to clarify which rulemaking is new, and which is legislatively directed from the bills passed last session.

This abnormal situation creates concern over the murky processes your office has adopted when creating a myriad of new rules. You are accountable to voters and must provide the most accurate information when it comes to election rulemaking.

I am hopeful that any draft rules you choose to adopt after this public comment period closes will only address direct legislative action. I look forward to discussing this more as you formally propose rules and share more details with the public.

Senator Mark Koran