HF 90

as introduced - 89th Legislature (2015 - 2016) Posted on 01/12/2015 02:35pm

A bill for an act
relating to elections; establishing a procedure for provisional balloting; amending
Minnesota Statutes 2014, sections 204C.10; 204C.12, subdivision 3; 204C.14,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 204C.

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

Section 1.

Minnesota Statutes 2014, section 204C.10, is amended to read:

204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.

(a) An individual seeking to vote shall sign a polling place roster or voter signature
certificate which states that the individual is at least 18 years of age, a citizen of the United
States, has resided in Minnesota for 20 days immediately preceding the election, maintains
residence at the address shown, is not under a guardianship in which the court order revokes
the individual's right to vote, has not been found by a court of law to be legally incompetent
to vote or 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 registered and 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) deleted text begin A judge may, deleted text end Before the applicant signs the roster or voter signature certificate,
new text begin a judge must new text end confirm the applicant's name, address, and date of birth. new text begin A voter whose
registration status is listed as challenged or whose eligibility to vote is challenged as
permitted by section 204C.12 may not sign the polling place roster, but may cast a
provisional ballot, as provided in section 204C.135.
new text end

(c) 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 deleted text begin during the time for
notice of filing an election contest deleted text end .

Sec. 2.

Minnesota Statutes 2014, section 204C.12, subdivision 3, is amended to read:

Subd. 3.

Determination of residence.

In determining the legal residence of a
challenged individual, the election judges shall be governed by the principles contained in
section 200.031. If the challenged individual's answers to the questions show ineligibility
to vote in that precinct, the individual shall not be allowed to vote. If the individual has
marked ballots but not yet deposited them in the ballot boxes before the election judges
determine ineligibility to vote in that precinct, the marked ballots shall be placed deleted text begin unopened deleted text end
with the spoiled ballots. If the answers to the questions fail to show that the individual is
not eligible to vote in that precinct and the challenge is not withdrawn, the election judges
shall deleted text begin verbally administer the oath on the voter certificate to the individual. After taking the
oath and completing and signing the voter certificate, the challenged individual shall be
allowed to vote deleted text end new text begin permit the voter to cast a provisional ballot, in the manner provided in
section 204C.135 new text end .

Sec. 3.

new text begin [204C.135] PROVISIONAL BALLOTS.
new text end

new text begin Subdivision 1. new text end

new text begin Casting of provisional ballots. new text end

new text begin (a) The following voters seeking to
vote are entitled to cast a provisional ballot in the manner provided by this section:
new text end

new text begin (1) a voter whose registration status is listed as "challenged" on the polling place
roster; and
new text end

new text begin (2) a voter whose eligibility to vote is challenged as permitted by section 204C.12.
new text end

new text begin (b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster
and complete a provisional ballot envelope. The envelope must contain a space for the
voter to list the voter's name, address of residence, date of birth, voter identification
number, and any other information prescribed by the secretary of state. The voter must
also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously
in the same election, and meets the criteria for registering to vote in the precinct in which
the voter appears.
new text end

new text begin Once the voter has completed the provisional ballot envelope, the voter must be
allowed to cast a provisional ballot. The provisional ballot must be in the same form
as the official ballot available in the precinct on election day. A completed provisional
ballot shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside
the voter's provisional ballot envelope and deposited by the voter in a secure, sealed
provisional ballot box. Completed provisional ballots may not be combined with other
voted ballots in the polling place.
new text end

new text begin (c) The form of the secrecy and provisional ballot envelopes shall be prescribed by
the secretary of state. The provisional ballot envelope must be a color other than that
provided for absentee ballot envelopes and must be prominently labeled "Provisional
Ballot Envelope."
new text end

new text begin (d) Provisional ballots and related documentation shall be delivered to and securely
maintained by the county auditor or municipal clerk in the same manner as required for
other election materials under sections 204C.27 to 204C.28.
new text end

new text begin Subd. 2. new text end

new text begin Counting provisional ballots. new text end

new text begin (a) A voter who casts a provisional ballot in
the polling place may personally appear before the county auditor or municipal clerk no
later than seven calendar days following the election to prove that the voter's provisional
ballot should be counted. The county auditor or municipal clerk must count a provisional
ballot in the final certified results from the precinct if:
new text end

new text begin (1) the statewide voter registration system indicates that the voter is eligible to vote
or, if challenged, the voter presents evidence of the voter's eligibility to vote; and
new text end

new text begin (2) the voter presents proof of residence in the precinct in the manner permitted by
section 201.061, subdivision 3.
new text end

new text begin (b) If a voter does not appear before the county auditor or municipal clerk within
seven calendar days following the election or otherwise does not satisfy the requirements
of paragraph (a), or if the data listed on the items of identification presented by the voter
does not match the data submitted by the voter on the provisional ballot envelope, the
voter's provisional ballot must not be counted.
new text end

new text begin (c) The county auditor or municipal clerk must notify, in writing, any provisional
voter who does not appear within seven calendar days of the election that their provisional
ballot was not counted because of the voter's failure to appear before the county auditor or
municipal clerk within the time permitted by law to determine whether the provisional
ballot should be counted.
new text end

new text begin Subd. 3. new text end

new text begin Provisional ballots; reconciliation. new text end

new text begin Prior to counting any provisional
ballots in the final vote totals from a precinct, the county auditor must verify that the
number of signatures appearing on the provisional ballot roster from that precinct is equal
to or greater than the number of accepted provisional ballots submitted by voters in the
precinct on election day. Any discrepancy must be resolved before the provisional ballots
from the precinct may be counted. Excess provisional ballots to be counted must be
randomly withdrawn in the manner required by section 204C.20, subdivision 2, after the
period for a voter to appear to prove residence and identity has expired and the ballots to
be counted have been separated from the provisional ballot envelopes.
new text end

Sec. 4.

Minnesota Statutes 2014, section 204C.14, subdivision 1, is amended to read:

Subdivision 1.

Violations; penalty.

No individual shall intentionally:

(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot
in a ballot box new text begin , requesting a provisional ballot or requesting that a provisional ballot be
counted, new text end or attempting to vote by means of a voting machine or electronic voting system;

(b) vote more than once at the same election;

(c) put a ballot in a ballot box for any illegal purpose;

(d) give more than one ballot of the same kind to an election judge to be placed
in a ballot box;

(e) aid, abet, counsel or procure another to go into any precinct for the purpose
of voting in that precinct, knowing that the other individual is not eligible to vote in
that precinct; or

(f) aid, abet, counsel or procure another to do any act in violation of this section.

A violation of this section is a felony.

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective June 1, 2015, and applies to elections held on or after that date.
new text end