HF 718

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/02/2012 01:48pm

A bill for an act
relating to civil rights; requiring notices of restoration of civil rights and of
possible loss of civil rights; excluding incarcerated offenders from receiving
absentee ballots; amending Minnesota Statutes 2010, section 203B.06,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapters
201; 243; 630.

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

Section 1.

new text begin [201.280] DUTIES OF SECRETARY OF STATE; INFORMATION
ABOUT VOTING RIGHTS.
new text end

new text begin 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 felony-level offense. This publication must be made available electronically to the
state court administrator for distribution to judges, court personnel, probation officers,
and the Department of Corrections for distribution to corrections officials, parole officers,
and the public.
new text end

Sec. 2.

Minnesota Statutes 2010, section 203B.06, subdivision 3, is amended to read:

Subd. 3.

Delivery of ballots.

(a) new text begin An application for an absentee ballot that lists the
residential or mailing address of a correctional facility in which only persons convicted
of felony-level sentences reside must not be accepted and an absentee ballot must not be
provided to the applicant. The county auditor or municipal clerk must promptly transmit
a copy of the application to the county attorney. The Department of Corrections shall
implement procedures to ensure that absentee ballots issued under chapter 203B are not
received or mailed by incarcerated offenders.
new text end

new text begin (b) new text end If an application for absentee ballots is accepted at a time when absentee ballots
are not yet available for distribution, the county auditor, or municipal clerk accepting the
application shall file it and as soon as absentee ballots are available for distribution shall
mail them to the address specified in the application. If an application for absentee ballots
is accepted when absentee ballots are available for distribution, the county auditor or
municipal clerk accepting the application shall promptly:

(1) mail the ballots to the voter whose signature appears on the application if the
application is submitted by mail and does not request commercial shipping under clause
(2);

(2) ship the ballots to the voter using a commercial shipper requested by the voter at
the voter's expense;

(3) deliver the absentee ballots directly to the voter if the application is submitted in
person; or

(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
voter who would have difficulty getting to the polls because of incapacitating health
reasons, or who is disabled, or who is a patient in a health care facility, a resident of
a facility providing assisted living services governed by chapter 144G, a participant in
a residential program for adults licensed under section 245A.02, subdivision 14, or a
resident of a shelter for battered women as defined in section 611A.37, subdivision 4.

deleted text begin (b) deleted text end new text begin (c) new text end If an application does not indicate the election for which absentee ballots are
sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
the next election occurring after receipt of the application. Only one set of ballots may
be mailed, shipped, or delivered to an applicant for any election, except as provided in
section 203B.13, subdivision 2, or when a replacement ballot has been requested by the
voter for a ballot that has been spoiled or lost in transit.

Sec. 3.

new text begin [243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE.
new text end

new text begin Subdivision 1. new text end

new text begin Correctional facilities; designation of official. new text end

new text begin The chief executive
officer of each state correctional facility shall designate an official within the facility to
provide the notice required under this section to inmates who have been restored to civil
rights. The official may also maintain a supply of voter registration applications and
informational materials to accompany the notice.
new text end

new text begin Subd. 2. new text end

new text begin Notice requirement. new text end

new text begin A notice of restoration of civil rights must be
provided as follows:
new text end

new text begin (1) the chief executive officer of each state correctional facility shall provide the
notice and may provide a voter registration application to an inmate being released from
the facility following incarceration for a felony-level offense if the inmate's sentence is
discharged and civil rights restored under section 609.165; and
new text end

new text begin (2) a probation officer or supervised release agent shall provide the notice and may
provide a voter registration application when an individual under correctional supervision
for a felony-level offense is discharged from sentence and the individual's civil rights
have been restored under section 609.165.
new text end

new text begin Subd. 3. new text end

new text begin Form of notice. new text end

new text begin The notice required by subdivision 2 must appear
substantially as follows:
new text end

new text begin "NOTICE OF RESTORATION OF CIVIL RIGHTS, INCLUDING
YOUR RIGHT TO VOTE.
new text end

new text begin Your final discharge today means that your civil rights have been restored. This
includes a restoration of your right to vote in Minnesota. Before you can vote on election
day, you still need to register to vote. To register, you can complete a voter registration
application and return it to the Office of the Minnesota Secretary of State. You also can
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."
new text end

new text begin Subd. 4. new text end

new text begin Failure to provide notice. new text end

new text begin A failure to provide proper notice as required
by this section does not prevent the restoration of an inmate's civil rights upon discharge.
new text end

Sec. 4.

new text begin [630.125] DEFENDANT; NOTICE OF LOSS OF CIVIL RIGHTS UPON
CONVICTION.
new text end

new text begin For felony-level offenses, prior to the court's acceptance of a plea from the
defendant, the court must notify the defendant that a guilty plea or conviction for a
felony-level offense will result in a loss of the defendant's civil rights, including the right
to vote, until the defendant's sentence has been discharged.
new text end