HF 2166

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 12:45pm

A bill for an act
relating to elections; providing a study of the use of electronic rosters in elections;
requiring secretary of state to evaluate electronic rosters in 2014 election;
authorizing the use of electronic rosters statewide; directing the secretary of state
to adopt rules; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 201.

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

ARTICLE 1

ELECTRONIC ROSTER STUDY

Section 1. new text begin ELECTRONIC ROSTER STUDY.
new text end

new text begin Subdivision 1. new text end

new text begin Established. new text end

new text begin A study is established to explore the use of electronic
rosters in conducting elections. Jurisdictions participating in the study must use
electronic rosters to process election day registration and to verify the registration status
of preregistered voters. The study shall apply to the 2014 state general election. The
standards for conducting the study are provided in this section.
new text end

new text begin Subd. 2. new text end

new text begin Participating municipalities. new text end

new text begin Precincts located in Baxter, Brainerd,
Dilworth, Eagan, Lakeville, Mankato, Minneapolis, Minnetonka, Moorhead, St. Anthony,
St. Paul, and Sylvan Township may participate in the study. In participating municipalities,
the head elections official may designate individual precincts in the jurisdiction to
participate. A municipality is not required to use electronic rosters in all precincts.
new text end

new text begin Subd. 3. new text end

new text begin Technology requirements. new text end

new text begin In participating precincts, an electronic roster
must:
new text end

new text begin (1) be able to be loaded with a data file that includes voter registration data in a file
format prescribed by the secretary of state;
new text end

new text begin (2) allow for data to be exported in a file format prescribed by the secretary of state;
new text end

new text begin (3) allow for data to be entered manually or by scanning a Minnesota driver's license
or identification card to locate a voter record or populate a voter registration application
that would be printed and signed and dated by the voter. The printed registration
application can be either a printed form, labels printed with voter information to be affixed
to a preprinted form, or a combination of both;
new text end

new text begin (4) allow an election judge to update data that was populated from a scanned driver's
license or identification card;
new text end

new text begin (5) cue an election judge to ask for and input data that is not populated from a
scanned driver's license or identification card that is otherwise required to be collected
from the voter or an election judge;
new text end

new text begin (6) immediately alert the election judge if the voter has provided information that
indicates that the voter is not eligible to vote;
new text end

new text begin (7) immediately alert the election judge if the electronic roster indicates that a voter
has already voted in that precinct, the voter's registration status is challenged, or it appears
the voter resides in a different precinct;
new text end

new text begin (8) provide immediate instructions on how to resolve a particular type of challenge
when a voter's record is challenged;
new text end

new text begin (9) provide for a printed voter's signature certificate, containing the voter's name,
address of residence, date of birth, voter identification number, the oath required by
Minnesota Statutes, section 204C.10, and a space for the voter's original signature. The
printed voter's signature certificate can be either a printed form or a label printed with the
voter's information to be affixed to the oath;
new text end

new text begin (10) contain only preregistered voters within the precinct, and not contain
preregistered voter data on voters registered outside of the precinct;
new text end

new text begin (11) be only networked within the polling location on election day, except for the
purpose of updating absentee ballot records;
new text end

new text begin (12) meet minimum security, reliability, and networking standards established by the
Office of the Secretary of State in consultation with MN.IT;
new text end

new text begin (13) be capable of providing a voter's correct polling place; and
new text end

new text begin (14) perform any other functions necessary for the efficient and secure administration
of the participating election, as determined by the secretary of state.
new text end

new text begin Subd. 4. new text end

new text begin Minnesota Election Law; other law. new text end

new text begin Except as provided in this section,
the provisions of the Minnesota Election Law apply to this study, so far as practicable.
Voters participating in the safe at home program must be allowed to vote pursuant to
Minnesota Statutes, section 5B.06. Nothing in this section shall be construed to amend
absentee voting provisions in Minnesota Statutes, chapter 203B.
new text end

new text begin Subd. 5. new text end

new text begin Election records retention. new text end

new text begin All voter's signature certificates and voter
registration applications printed from an electronic roster must be retained pursuant
to Minnesota Statutes, section 204B.40. The electronic rosters must print signature
certificates and voter registration applications on material that will remain legible through
the period prescribed by Minnesota Statutes, section 204B.40. Data on election day
registrants and voter history must be uploaded to the statewide voter registration system
for processing by county auditors.
new text end

new text begin Subd. 6. new text end

new text begin Election day. new text end

new text begin (a) Participating precincts must use electronic rosters for
election day registration and to process preregistered voters. The printed election day
registration applications must be reviewed when electronic records are processed in the
statewide voter registration system. The election judges shall determine the number of
ballots to be counted by counting the number of original voter certificates or the number
of voter receipts.
new text end

new text begin (b) Each precinct using electronic rosters shall have a paper backup system approved
by the secretary of state present at the polling place to use in the event that the election
judges are unable to use the electronic roster.
new text end

new text begin Subd. 7. new text end

new text begin Evaluation. new text end

new text begin The secretary of state must requisition an empirical evaluation
of the use of electronic rosters in the 2014 state general election. The evaluation must
also gather data regarding the time spent by municipalities processing voter data after
the election. In gathering data, the evaluation must examine both those municipalities
participating in the 2014 electronic roster study and comparable municipalities using paper
rosters in the 2014 state general election.
new text end

new text begin Subd. 8. new text end

new text begin Build or buy analysis. new text end

new text begin The secretary of state, in conjunction with MN.IT
and in consultation with the Minnesota Association of County Officers and League of
Minnesota Cities, must engage in an analysis of the merits of a state-built electronic roster
system or purchasing an electronic roster system from private vendors. This analysis must
be presented by April 2015 to the chairs and ranking minority members of the committees
in the senate and house of representatives with primary jurisdiction over elections.
new text end

new text begin Subd. 9. new text end

new text begin Use of electronic rosters in nonparticipating municipalities. new text end

new text begin Nothing in
this section prevents a nonparticipating municipality from using electronic rosters in the
2014 election. In order to use electronic rosters in the 2014 election, a nonparticipating
municipality must notify the Office of the Secretary of State by August 1, 2014, of the
municipality's intent to use electronic rosters and must certify to the Office of the Secretary
of State by October 1, 2014, that the electronic rosters, and their use, will meet all of
the requirements in subdivisions 3 to 6.
new text end

new text begin Subd. 10. new text end

new text begin Expiration. new text end

new text begin The authorization for this study expires upon submission
of the report as provided in subdivision 8.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the secretary of state in fiscal year
2015 to carry out the 2014 electronic roster study authorized under section 1. Of the
amount appropriated under this section, $....... is appropriated to the agency for the
purpose of funding the study as provided in section 1, subdivision 7. Of the amount
appropriated under this section, $....... is appropriated to the agency for the purpose
of offsetting the costs of the 2014 electronic roster study incurred by the jurisdictions
identified in section 1, subdivision 2, or their counties. Of the amount appropriated under
this section, $....... is appropriated to the agency for the purpose of conducting the analysis
as provided in section 1, subdivision 8.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end

ARTICLE 2

ELECTRONIC ROSTER AUTHORIZATION

Section 1.

new text begin [201.225] ELECTRONIC ROSTER AUTHORIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin A county, municipality, or school district may use
electronic rosters for any election. In a county, municipality, or school district that uses
electronic rosters, the head elections official may designate that some or all of the precincts
use electronic rosters. An electronic roster must comply with all of the requirements of
this section. An electronic roster must include information required in section 201.221,
subdivision 3, and any rules adopted pursuant to that section.
new text end

new text begin Subd. 2. new text end

new text begin Technology requirements. new text end

new text begin An electronic roster must:
new text end

new text begin (1) be able to be loaded with a data file that includes voter registration data in a file
format prescribed by the secretary of state;
new text end

new text begin (2) allow for data to be exported in a file format prescribed by the secretary of state;
new text end

new text begin (3) allow for data to be entered manually or by scanning a Minnesota driver's license
or identification card to locate a voter record or populate a voter registration application
that would be printed and signed and dated by the voter. The printed registration
application can be either a printed form, labels printed with voter information to be affixed
to a preprinted form, or a combination of both;
new text end

new text begin (4) allow an election judge to update data that was populated from a scanned driver's
license or identification card;
new text end

new text begin (5) cue an election judge to ask for and input data that is not populated from a
scanned driver's license or identification card that is otherwise required to be collected
from the voter or an election judge;
new text end

new text begin (6) immediately alert the election judge if the voter has provided information that
indicates that the voter is not eligible to vote;
new text end

new text begin (7) immediately alert the election judge if the electronic roster indicates that a voter
has already voted in that precinct, the voter's registration status is challenged, or it appears
the voter resides in a different precinct;
new text end

new text begin (8) provide immediate instructions on how to resolve a particular type of challenge
when a voter's record is challenged;
new text end

new text begin (9) provide for a printed voter's signature certificate, containing the voter's name,
address of residence, date of birth, voter identification number, the oath required by section
204C.10, and a space for the voter's original signature. The printed voter's signature
certificate can be either a printed form or a label printed with the voter's information
to be affixed to the oath;
new text end

new text begin (10) contain only preregistered voters within the precinct, and not contain
preregistered voter data on voters registered outside of the precinct;
new text end

new text begin (11) be only networked within the polling location on election day, except for the
purpose of updating absentee ballot records;
new text end

new text begin (12) meet minimum security, reliability, and networking standards established by the
Office of the Secretary of State in consultation with MN.IT;
new text end

new text begin (13) be capable of providing a voter's correct polling place; and
new text end

new text begin (14) perform any other functions necessary for the efficient and secure administration
of the participating election, as determined by the secretary of state.
new text end

new text begin Subd. 3. new text end

new text begin Minnesota Election Law; other law. new text end

new text begin Unless otherwise provided, the
provisions of the Minnesota Election Law apply to the use of electronic rosters. Voters
participating in the safe at home program must be allowed to vote pursuant to section
5B.06. Nothing in this section shall be construed to amend absentee voting provisions in
chapter 203B.
new text end

new text begin Subd. 4. new text end

new text begin Election records retention. new text end

new text begin All voter's signature certificates and voter
registration applications printed from an electronic roster must be retained pursuant
to section 204B.40. The electronic rosters must print signature certificates and voter
registration applications on material that will remain legible through the period prescribed
by section 204B.40. Data on election day registrants and voter history must be uploaded
to the statewide voter registration system for processing by county auditors.
new text end

new text begin Subd. 5. new text end

new text begin Election day. new text end

new text begin (a) Precincts may use electronic rosters for election day
registration, to process preregistered voters, or both. The printed election day registration
applications must be reviewed when electronic records are processed in the statewide voter
registration system. The election judges shall determine the number of ballots to be counted
by counting the number of original voter certificates or the number of voter receipts.
new text end

new text begin (b) Each precinct using electronic rosters shall have a paper backup system approved
by the secretary of state present at the polling place to use in the event that the election
judges are unable to use the electronic roster.
new text end

new text begin Subd. 6. new text end

new text begin Reporting; certification; preelection testing. new text end

new text begin (a) A county, municipality,
or school district that intends to use electronic rosters in an upcoming election must notify
the Office of the Secretary of State at least 90 days before the first election in which the
county, municipality, or school district intends to use electronic rosters. The notification
must specify whether all precincts will use electronic rosters, and if not, specify which
precincts will be using electronic rosters. The notification is valid for all subsequent
elections, unless revoked by the county, municipality, or school district. If precincts within
a county, municipality, or school district that were not included in the initial notification
intend to use electronic rosters, a new notification must be submitted.
new text end

new text begin (b) The county, municipality, or school district that intends to use electronic rosters
must certify to the Office of the Secretary of State at least 30 days before the election that
the electronic rosters meet all of the requirements in this section.
new text end

Sec. 2. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall add references to electronic rosters and related
technology where necessary in Minnesota Election Law.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2014, for elections held on and after January 1, 2015.
new text end