HF 45

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 02/07/2019 04:29pm

A bill for an act
relating to elections; providing for automatic voter registration of applicants for a
driver's license, instruction permit, or state identification card; amending Minnesota
Statutes 2018, sections 13.607, by adding a subdivision; 201.161.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 13.607, is amended by adding a subdivision
to read:

Subd. 9.

Data derived from driver's license applications.

Data on an application for
a driver's license, a Minnesota identification card, or a learner's permit transferred to the
secretary of state that are provided by a person whom the secretary of state determines is
not eligible to vote are governed by section 201.161.

Sec. 2.

Minnesota Statutes 2018, section 201.161, is amended to read:

201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE,
INSTRUCTION PERMIT, AND IDENTIFICATION CARD APPLICATIONS
APPLICANTS.

Subdivision 1.

Automatic registration.

An individual who properly completes an
application for a new or renewed Minnesota driver's license, instruction permit, or
identification card, and who is eligible to vote under section 201.014, must be registered to
vote as provided in this section, unless the applicant declines to be registered.

Subd. 2.

Applications.

The Department commissioner of public safety, in consultation
with the secretary of state, shall change its the applications for an original, duplicate, or
change of address driver's license, instruction permit, or identification card so that the forms
may also serve as voter registration applications. The forms must contain spaces for all
information collected by voter registration applications prescribed by the secretary of state.
Applicants for driver's licenses or identification cards must be asked if they want to register
to vote at the same time and that and a box for the applicant to decline to be registered to
vote. The form must clearly state that it is a felony for a person who is not eligible to vote
to register to vote or cast a ballot. Unless the applicant has declined to be registered to vote
or has provided an address other than the applicant's address of residence under section
171.12, subdivision 7, paragraph (d), the commissioner shall transmit the information must
be transmitted at least weekly daily by electronic means to the secretary of state. Pursuant
to the Help America Vote Act of 2002, Public Law 107-252, the computerized driver's
license record containing the voter's name, address, date of birth, citizenship, driver's license
number or state identification number, county, town, and city or town must be made available
for access by the secretary of state and interaction with the statewide voter registration
system.

Subd. 3.

Registration.

(a) The secretary of state shall determine whether the applicant
is currently registered in the statewide voter registration system. For each currently registered
voter whose registration is not changed, the secretary of state shall update the voter's
registration date in the statewide voter registration system. For each currently registered
voter whose registration is changed, the secretary of state shall transmit the registration
daily by electronic means to the county auditor of the county where the voter resides.

(b) If the applicant is not currently registered in the statewide voter registration system,
the secretary of state shall determine whether the applicant is 18 years of age or older and
a citizen of the United States and compare the voter registration information received under
section 201.145 to determine whether the applicant is eligible to vote. If an applicant is less
than 18 years of age, the secretary of state shall wait until the applicant has turned 18 years
of age to determine whether the applicant is eligible to vote. For each applicant the secretary
of state determines is an eligible voter, the secretary of state shall transmit the registration
daily by electronic means to the county auditor of the county where the voter resides.

(c) Any data on applicants who the secretary determines are not eligible to vote are
private data on individuals, as defined in section 13.02, subdivision 12.

Subd. 4.

Notice.

Upon receipt of the registration, the county auditor shall mail to the
voter the notice of registration required by section 201.121, subdivision 2.

Subd. 5.

Registering 20 days before election.

An application for registration that is
dated during the 20 days before an election in any jurisdiction within which the voter resides
is not effective until the day after the election.

Subd. 6.

System certification.

An applicant for a Minnesota driver's license, instruction
permit, or identification card must not be registered to vote until the commissioner of public
safety has certified that the department's systems have been tested and can accurately provide
the necessary data, and the secretary of state has certified that the system for automatic
registration of those applicants has been tested and is capable of properly determining
whether an applicant is eligible to vote.

Sec. 3. IMPLEMENTATION COSTS.

The secretary of state and commissioner of public safety must absorb any costs associated
with implementation of section 2 using existing appropriations provided to the secretary or
commissioner by law.