HF 2166

1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 05/01/2014 03:59pm

1.1A bill for an act

1.2relating to elections; authorizing the use of electronic rosters statewide; making
1.3various technical and conforming changes; amending Minnesota Statutes 2012,
1.4sections 200.02, by adding subdivisions; 201.221, subdivision 3; 204B.14,
1.5subdivision 2; 204C.10; 204C.12, subdivision 4; 211B.11, subdivision 1;
1.6Minnesota Statutes 2013 Supplement, section 204C.14, subdivision 2; proposing
1.7coding for new law in Minnesota Statutes, chapter 201.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9ARTICLE 1

1.10ELECTRONIC ROSTER AUTHORIZATION

1.11    Section 1. [201.225] ELECTRONIC ROSTER AUTHORIZATION.
1.12    Subdivision 1. Authority. A county, municipality, or school district may use
1.13electronic rosters for any election. In a county, municipality, or school district that uses
1.14electronic rosters, the head elections official may designate that some or all of the precincts
1.15use electronic rosters. An electronic roster must comply with all of the requirements of
1.16this section. An electronic roster must include information required in section 201.221,
1.17subdivision 3, and any rules adopted pursuant to that section.
1.18    Subd. 2. Technology requirements. An electronic roster must:
1.19(1) be able to be loaded with a data file that includes voter registration data in a file
1.20format prescribed by the secretary of state;
1.21(2) allow for data to be exported in a file format prescribed by the secretary of state;
1.22(3) allow for data to be entered manually or by scanning a Minnesota driver's license
1.23or identification card to locate a voter record or populate a voter registration application
1.24that would be printed and signed and dated by the voter. The printed registration
2.1application can be either a printed form, labels printed with voter information to be affixed
2.2to a preprinted form, or a combination of both;
2.3(4) allow an election judge to update data that was populated from a scanned driver's
2.4license or identification card;
2.5(5) cue an election judge to ask for and input data that is not populated from a
2.6scanned driver's license or identification card that is otherwise required to be collected
2.7from the voter or an election judge;
2.8(6) immediately alert the election judge if the voter has provided information that
2.9indicates that the voter is not eligible to vote;
2.10(7) immediately alert the election judge if the electronic roster indicates that a voter
2.11has already voted in that precinct, the voter's registration status is challenged, or it appears
2.12the voter resides in a different precinct;
2.13(8) provide immediate instructions on how to resolve a particular type of challenge
2.14when a voter's record is challenged;
2.15(9) provide for a printed voter signature certificate, containing the voter's name,
2.16address of residence, date of birth, voter identification number, the oath required by
2.17section 204C.10, and a space for the voter's original signature. The printed voter signature
2.18certificate can be either a printed form or a label printed with the voter's information
2.19to be affixed to the oath;
2.20(10) contain only preregistered voters within the precinct, and not contain
2.21preregistered voter data on voters registered outside of the precinct;
2.22(11) be only networked within the polling location on election day, except for the
2.23purpose of updating absentee ballot records;
2.24(12) meet minimum security, reliability, and networking standards established by the
2.25Office of the Secretary of State in consultation with MN.IT;
2.26(13) be capable of providing a voter's correct polling place; and
2.27(14) perform any other functions necessary for the efficient and secure administration
2.28of the participating election, as determined by the secretary of state.
2.29    Subd. 3. Minnesota Election Law; other law. Unless otherwise provided, the
2.30provisions of the Minnesota Election Law apply to the use of electronic rosters. Voters
2.31participating in the safe at home program must be allowed to vote pursuant to section
2.325B.06. Nothing in this section shall be construed to amend absentee voting provisions in
2.33chapter 203B.
2.34    Subd. 4. Election records retention. All voter signature certificates and voter
2.35registration applications printed from an electronic roster must be retained pursuant to
2.36section 204B.40. The electronic rosters must print voter signature certificates and voter
3.1registration applications on material that will remain legible through the period prescribed
3.2by section 204B.40. Data on election day registrants and voter history must be uploaded
3.3to the statewide voter registration system for processing by county auditors.
3.4    Subd. 5. Election day. (a) Precincts may use electronic rosters for election day
3.5registration, to process preregistered voters, or both. The printed election day registration
3.6applications must be reviewed when electronic records are processed in the statewide
3.7voter registration system. Notwithstanding section 204C.20 or 206.86, the election judges
3.8shall determine the number of ballots to be counted by counting the number of original
3.9voter signature certificates.
3.10(b) Each precinct using electronic rosters shall have a paper backup system approved
3.11by the secretary of state present at the polling place to use in the event that the election
3.12judges are unable to use the electronic roster.
3.13    Subd. 6. Reporting; certification. (a) A county, municipality, or school district
3.14that intends to use electronic rosters in an upcoming election must notify the Office
3.15of the Secretary of State at least 90 days before the first election in which the county,
3.16municipality, or school district intends to use electronic rosters. The notification must
3.17specify whether all precincts will use electronic rosters, and if not, specify which precincts
3.18will be using electronic rosters. The notification is valid for all subsequent elections,
3.19unless revoked by the county, municipality, or school district. If precincts within a county,
3.20municipality, or school district that were not included in the initial notification intend to
3.21use electronic rosters, a new notification must be submitted.
3.22(b) The county, municipality, or school district that intends to use electronic rosters
3.23must certify to the Office of the Secretary of State at least 30 days before the election that
3.24the electronic rosters meet all of the requirements in this section.

3.25    Sec. 2. EFFECTIVE DATE.
3.26This article is effective the day following final enactment.

3.27ARTICLE 2

3.28DEFINITIONS AND CONFORMING CHANGES

3.29    Section 1. Minnesota Statutes 2012, section 200.02, is amended by adding a
3.30subdivision to read:
3.31    Subd. 25. Polling place roster. "Polling place roster" or "roster" refers to a roster in
3.32(1) printed format; or (2) electronic format as permitted by section 201.225.

4.1    Sec. 2. Minnesota Statutes 2012, section 200.02, is amended by adding a subdivision
4.2to read:
4.3    Subd. 26. Voter signature certificate. "Voter signature certificate" means a printed
4.4form or label generated from an electronic polling place roster that contains the voter's
4.5name, address of residence, date of birth, voter identification number, the oath required
4.6by section 204C.10, and a space for the voter's original signature. A voter signature
4.7certificate is not a "voter certificate" under section 204C.12.

4.8    Sec. 3. Minnesota Statutes 2012, section 201.221, subdivision 3, is amended to read:
4.9    Subd. 3. Procedures for polling place rosters. The secretary of state shall
4.10prescribe the form of paper polling place rosters that include the voter's name, address,
4.11date of birth, school district number, and space for the voter's signature. An electronic
4.12roster and the voter signature certificate together must include the same information as a
4.13paper polling place roster. The secretary of state may prescribe additional election-related
4.14information to be placed on the polling place rosters on an experimental basis for one state
4.15primary and general election cycle; the same information may not be placed on the polling
4.16place roster for a second state primary and general election cycle unless specified in this
4.17subdivision. The polling place roster must be used to indicate whether the voter has voted
4.18in a given election. The secretary of state shall prescribe procedures for transporting the
4.19polling place rosters to the election judges for use on election day. The secretary of state
4.20shall prescribe the form for a county or municipality to request the date of birth from
4.21currently registered voters. The county or municipality shall not request the date of birth
4.22from currently registered voters by any communication other than the prescribed form and
4.23the form must clearly indicate that a currently registered voter does not lose registration
4.24status by failing to provide the date of birth. In accordance with section 204B.40, the
4.25county auditor shall retain the prescribed polling place rosters used on the date of election
4.26for 22 months following the election.

4.27    Sec. 4. Minnesota Statutes 2012, section 204B.14, subdivision 2, is amended to read:
4.28    Subd. 2. Separate precincts; combined polling place. (a) The following shall
4.29constitute at least one election precinct:
4.30(1) each city ward; and
4.31(2) each town and each statutory city.
4.32(b) A single, accessible, combined polling place may be established no later than
4.33May 1 of any year:
5.1(1) for any city of the third or fourth class, any town, or any city having territory in
5.2more than one county, in which all the voters of the city or town shall cast their ballots;
5.3(2) for contiguous precincts in the same municipality;
5.4(3) for up to four contiguous municipalities located entirely outside the metropolitan
5.5area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
5.6(4) for noncontiguous precincts located in one or more counties.
5.7A copy of the ordinance or resolution establishing a combined polling place must
5.8be filed with the county auditor within 30 days after approval by the governing body. A
5.9polling place combined under clause (3) must be approved by the governing body of each
5.10participating municipality. A polling place combined under clause (4) must be approved
5.11by the governing body of each participating municipality and the secretary of state and
5.12may be located outside any of the noncontiguous precincts. A municipality withdrawing
5.13from participation in a combined polling place must do so by filing a resolution of
5.14withdrawal with the county auditor no later than April 1 of any year.
5.15The secretary of state shall provide a separate polling place roster for each precinct
5.16served by the combined polling place, except that in a precinct that uses electronic rosters
5.17the secretary of state shall provide separate data files for each precinct. A single set of
5.18election judges may be appointed to serve at a combined polling place. The number of
5.19election judges required must be based on the total number of persons voting at the last
5.20similar election in all precincts to be voting at the combined polling place. Separate ballot
5.21boxes must be provided for the ballots from each precinct. The results of the election must
5.22be reported separately for each precinct served by the combined polling place, except in a
5.23polling place established under clause (2) where one of the precincts has fewer than ten
5.24registered voters, in which case the results of that precinct must be reported in the manner
5.25specified by the secretary of state.

5.26    Sec. 5. Minnesota Statutes 2012, section 204C.10, is amended to read:
5.27204C.10 PERMANENT REGISTRATION; VERIFICATION OF
5.28REGISTRATION.
5.29(a) An individual seeking to vote shall sign a polling place roster or voter signature
5.30certificate which states that the individual is at least 18 years of age, a citizen of the United
5.31States, has resided in Minnesota for 20 days immediately preceding the election, maintains
5.32residence at the address shown, is not under a guardianship in which the court order revokes
5.33the individual's right to vote, has not been found by a court of law to be legally incompetent
5.34to vote or has the right to vote because, if the individual was convicted of a felony, the
5.35felony sentence has expired or been completed or the individual has been discharged from
6.1the sentence, is registered and has not already voted in the election. The roster must also
6.2state: "I understand that deliberately providing false information is a felony punishable by
6.3not more than five years imprisonment and a fine of not more than $10,000, or both."
6.4(b) A judge may, before the applicant signs the roster or voter signature certificate,
6.5confirm the applicant's name, address, and date of birth.
6.6(c) After the applicant signs the roster or voter signature certificate, the judge shall
6.7give the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge
6.8in charge of ballots as proof of the voter's right to vote, and thereupon the judge shall
6.9hand to the voter the ballot. The voters' receipts must be maintained during the time for
6.10notice of filing an election contest.

6.11    Sec. 6. Minnesota Statutes 2012, section 204C.12, subdivision 4, is amended to read:
6.12    Subd. 4. Refusal to answer questions or sign a polling place roster. A challenged
6.13individual who refuses to answer questions or sign a polling place roster or voter signature
6.14certificate as required by this section must not be allowed to vote. A challenged individual
6.15who leaves the polling place and returns later willing to answer questions or sign a polling
6.16place roster or voter signature certificate must not be allowed to vote.

6.17    Sec. 7. Minnesota Statutes 2013 Supplement, section 204C.14, subdivision 2, is
6.18amended to read:
6.19    Subd. 2. Signature on roster as evidence of intent. For purposes of proving a
6.20violation of this section, the signature of an individual on a polling place roster or voter
6.21signature certificate is prima facie evidence of the intent of the individual to vote at that
6.22election.

6.23    Sec. 8. Minnesota Statutes 2012, section 211B.11, subdivision 1, is amended to read:
6.24    Subdivision 1. Soliciting near polling places. A person may not display campaign
6.25material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
6.26a polling place or within 100 feet of the building in which a polling place is situated,
6.27or anywhere on the public property on which a polling place is situated, on primary or
6.28election day to vote for or refrain from voting for a candidate or ballot question. A person
6.29may not provide political badges, political buttons, or other political insignia to be worn
6.30at or about the polling place on the day of a primary or election. A political badge,
6.31political button, or other political insignia may not be worn at or about the polling place on
6.32primary or election day. This section applies to areas established by the county auditor or
6.33municipal clerk for absentee voting as provided in chapter 203B.
7.1The secretary of state, county auditor, municipal clerk, or school district clerk may
7.2provide stickers which contain the words "I VOTED" and nothing more. Election judges
7.3may offer a sticker of this type to each voter who has signed the polling place roster or
7.4voter signature certificate.

7.5    Sec. 9. EFFECTIVE DATE.
7.6This article is effective the day following final enactment.