SF 26

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/04/2023 10:38am

A bill for an act
relating to elections; restoring the right to vote to individuals convicted of a felony
upon completion of any term of incarceration imposed and executed by a court
for the offense; amending Minnesota Statutes 2022, sections 201.014, by adding
a subdivision; 201.071, subdivision 1; 204C.08, subdivision 1d; 204C.10; 609.165,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 201;
243.

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

Section 1.

Minnesota Statutes 2022, section 201.014, is amended by adding a subdivision
to read:

Subd. 2a.

Felony conviction; restoration of civil right to vote.

An individual who is
ineligible to vote because of a felony conviction has the civil right to vote restored during
any period when the individual is not incarcerated for the offense. If the individual is later
incarcerated for the offense, the individual's civil right to vote is lost only during that period
of incarceration.

Sec. 2.

Minnesota Statutes 2022, section 201.071, subdivision 1, is amended to read:

Subdivision 1.

Form.

Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number; and voter's signature. The paper
registration application may include the voter's email address, if provided by the voter. The
electronic voter registration application must include the voter's email address. The
registration application may include the voter's interest in serving as an election judge, if
indicated by the voter. The application must also contain the following certification of voter
eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my right
to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) have the right to vote because, if I have been convicted of a felony, my felony sentence
has expired (been completed) or I have been discharged from my sentence am not currently
incarcerated for a conviction of a felony offense; and

(8) have read and understand the following statement: that giving false information is a
felony punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."

The certification must include boxes for the voter to respond to the following questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

Sec. 3.

[201.276] DUTIES OF SECRETARY OF STATE; INFORMATION ABOUT
VOTING RIGHTS.

The secretary of state shall develop accurate and complete information in a single
publication about the voting rights of people who have been charged with or convicted of
a crime. This publication must be made available electronically to the state court administrator
for distribution to judges, court personnel, probation officers, and the commissioner of
corrections for distribution to corrections officials, parole and supervised release agents,
and the public.

Sec. 4.

Minnesota Statutes 2022, section 204C.08, subdivision 1d, is amended to read:

Subd. 1d.

Voter's Bill of Rights.

The county auditor shall prepare and provide to each
polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set forth
in this section. Before the hours of voting are scheduled to begin, the election judges shall
post it in a conspicuous location or locations in the polling place. The Voter's Bill of Rights
is as follows:

"VOTER'S BILL OF RIGHTS

For all persons residing in this state who meet federal voting eligibility requirements:

(1) You have the right to be absent from work for the purpose of voting in a state, federal,
or regularly scheduled election without reduction to your pay, personal leave, or vacation
time on election day for the time necessary to appear at your polling place, cast a ballot,
and return to work.

(2) If you are in line at your polling place any time before 8:00 p.m., you have the right
to vote.

(3) If you can provide the required proof of residence, you have the right to register to
vote and to vote on election day.

(4) If you are unable to sign your name, you have the right to orally confirm your identity
with an election judge and to direct another person to sign your name for you.

(5) You have the right to request special assistance when voting.

(6) If you need assistance, you may be accompanied into the voting booth by a person
of your choice, except by an agent of your employer or union or a candidate.

(7) You have the right to bring your minor children into the polling place and into the
voting booth with you.

(8) If you have been convicted of a felony but your felony sentence has expired (been
completed) or you have been discharged from your sentence, You have the right to vote if
you are not currently incarcerated for conviction of a felony offense.

(9) If you are under a guardianship, you have the right to vote, unless the court order
revokes your right to vote.

(10) You have the right to vote without anyone in the polling place trying to influence
your vote.

(11) If you make a mistake or spoil your ballot before it is submitted, you have the right
to receive a replacement ballot and vote.

(12) You have the right to file a written complaint at your polling place if you are
dissatisfied with the way an election is being run.

(13) You have the right to take a sample ballot into the voting booth with you.

(14) You have the right to take a copy of this Voter's Bill of Rights into the voting booth
with you."

Sec. 5.

Minnesota Statutes 2022, section 204C.10, is amended to read:

204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE;
VOTER RECEIPT.

(a) An individual seeking to vote shall sign a polling place roster or voter signature
certificate which states that the individual:

(1) is at least 18 years of age,;

(2) a citizen of the United States,;

(3) has resided in Minnesota for 20 days immediately preceding the election,;

(4) maintains residence at the address shown,;

(5) is not under a guardianship in which the court order revokes the individual's right to
vote,;

(6) has not been found by a court of law to be legally incompetent to vote or;

(7) has the right to vote because, if the individual was convicted of a felony, the felony
sentence has expired or been completed or the individual has been discharged from the
sentence, is not currently incarcerated for that conviction;

(8) is registered; and

(9) has not already voted in the election.

The roster must also state: "I understand that deliberately providing false information
is a felony punishable by not more than five years imprisonment and a fine of not more than
$10,000, or both."

(b) At the presidential nomination primary, the polling place roster must also state: "I
am in general agreement with the principles of the party for whose candidate I intend to
vote." This statement must appear separately from the statements required in paragraph (a).
The felony penalty provided for in paragraph (a) does not apply to this paragraph.

(c) A judge may, before the applicant signs the roster or voter signature certificate,
confirm the applicant's name, address, and date of birth.

(d) After the applicant signs the roster or voter signature certificate, the judge shall give
the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in
charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to
the voter the ballot. The voters' receipts must be maintained during the time for notice of
filing an election contest.

(e) Whenever a challenged status appears on the polling place roster, an election judge
must ensure that the challenge is concealed or hidden from the view of any voter other than
the voter whose status is challenged.

Sec. 6.

[243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE.

Subdivision 1.

Correctional facilities; designation of official.

The chief executive
officer of each state and local correctional facility shall designate an official within the
facility to provide the notice and application required under this section to a person to whom
the civil right to vote is restored by reason of the person's release from actual incarceration.
The official shall maintain an adequate supply of voter registration applications and
informational materials for this purpose.

Subd. 2.

Notice requirement.

A notice of restoration of the civil right to vote and a
voter registration application must be provided as follows:

(1) the chief executive officer of each state and local correctional facility shall provide
the notice and application to a person being released from the facility following incarceration
for a felony-level offense; and

(2) a probation officer or supervised release agent shall provide the notice and application
to all individuals under correctional supervision for a felony-level offense.

Subd. 3.

Form of notice.

The notice required by subdivision 2 must appear substantially
as follows:

"NOTICE OF RESTORATION OF YOUR RIGHT TO VOTE.

Your receipt of this notice today means that your right to vote in Minnesota has been
restored. Before you can vote on election day, you still need to register to vote. To register,
you may complete a voter registration application online or complete a paper application
and return it to the Office of the Secretary of State or to your county auditor. You may also
register to vote in your polling place on election day. You will not be permitted to cast a
ballot until you register to vote. The first time you appear at your polling place to cast a
ballot, you may be required to provide proof of your current residence."

Subd. 4.

Failure to provide notice.

A failure to provide proper notice as required by
this section does not prevent the restoration of the person's civil right to vote.

Sec. 7.

Minnesota Statutes 2022, section 609.165, subdivision 1, is amended to read:

Subdivision 1.

Restoration.

When a person has been deprived of civil rights by reason
of conviction of a crime and is thereafter discharged, such discharge shall restore the person
to all civil rights and to full citizenship, with full right to vote and hold office, the same as
if such conviction had not taken place, and the order of discharge shall so provide.

Sec. 8. APPROPRIATION; SECRETARY OF STATE.

$14,000 in fiscal year 2023 is appropriated from the general fund to the secretary of
state to implement the provisions of this act.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 9. EFFECTIVE DATE.

Except as otherwise provided, this act is effective July 1, 2023, and applies to the right
to vote at elections conducted on or after that date.