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HF 275

as introduced - 89th Legislature (2015 - 2016) Posted on 02/09/2015 03:52pm

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - as introduced

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A bill for an act
 relating to elections; modifying procedures related to prosecution of voter
registration crimes; specifying penalties for public employees who willfully
commit voter registration crimes; amending Minnesota Statutes 2014, section
201.275.

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

Section 1.

Minnesota Statutes 2014, section 201.275, is amended to read:


201.275 INVESTIGATIONS; PROSECUTIONS.

new text begin (a) new text end A law enforcement agency that is notified by affidavit of an alleged violation of
this chapter shall promptly investigate. Upon receiving an affidavit alleging a violation
of this chapter, a county attorney shall promptly forward it to a law enforcement agency
with jurisdiction for investigation. If there is probable cause for instituting a prosecution,
the county attorney shall proceed deleted text begin by complaint or present the charge, with whatever
evidence has been found, to the grand jurydeleted text end new text begin according to the generally applicable standards
regarding the prosecutorial functions and duties of a county attorney, provided that
the county attorney is not required to proceed with the prosecution if the complainant
withdraws the allegationnew text end . A county attorney who refuses or intentionally fails to faithfully
perform this or any other duty imposed by this chapter is guilty of a misdemeanor and
upon conviction shall forfeit office. deleted text begin The county attorney, under the penalty of forfeiture of
office, shall prosecute all violations of this chapter except violations of this section; if,
however, a complainant withdraws an allegation under this chapter, the county attorney is
not required to proceed with the prosecution.
deleted text end

new text begin (b) Willful violation of this chapter by any public employee constitutes just cause for
suspension without pay or dismissal of the public employee.
 new text end

new text begin (c) new text end Where the matter relates to a voter registration application submitted
electronically through the secure Web site established in section 201.061, subdivision 1,
alleged violations of this chapter may be investigated and prosecuted in the county in
which the individual registered or attempted to register.

new text begin EFFECTIVE DATE. new text end

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