HF 1010

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to elections; changing certain provisions concerning military and
overseas voting; amending Minnesota Statutes 2008, sections 203B.16,
subdivision 2; 203B.17, subdivision 1; 203B.21, subdivision 2; 203B.22;
203B.225, subdivision 1; 203B.227.

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

Section 1.

Minnesota Statutes 2008, section 203B.16, subdivision 2, is amended to read:

Subd. 2.

Permanent residence outside United States.

Sections 203B.16 to
203B.27 provide the exclusive voting procedure for United States citizens who are
living permanently outside the territorial limits of the United States who meet all the
qualifications of an eligible voter except residence in Minnesota, but who are authorized
by federal law to vote in Minnesota because they new text begin or, if they have never resided in the
United States, a parent new text end maintained residence in Minnesota for at least 20 days immediately
prior to their departure from the United States. Individuals described in this subdivision
shall be permitted to vote only for the offices of president, vice-president, senator in
Congress, and representative in Congress.

Sec. 2.

Minnesota Statutes 2008, section 203B.17, subdivision 1, is amended to read:

Subdivision 1.

Submission of application.

(a) An application for absentee ballots
for a voter described in section 203B.16 may be submitted in writing or by electronic
facsimile device, or by electronic mail deleted text begin upon determination by the secretary of state that
security concerns have been adequately addressed deleted text end new text begin as an attachment new text end . An application for
absentee ballots for a voter described in section 203B.16 may be submitted by that voter
or by that voter's parent, spouse, sister, brother, or child over the age of 18 years. deleted text begin For
purposes of an application under this subdivision, a person's Social Security number, no
matter how it is designated, qualifies as the person's military identification number if the
person is in the military. deleted text end

(b) An application for a voter described in section 203B.16, subdivision 1, shall be
submitted to the county auditor of the county where the voter maintains residence.

(c) An application for a voter described in section 203B.16, subdivision 2, shall be
submitted to the county auditor of the county where the voter new text begin or the voter's parent new text end last
maintained residence in Minnesota.

(d) An application for absentee ballots shall be valid for any primary, special
primary, general election, or special election from the time the application is received
through the next two regularly scheduled general elections for federal office held after the
date on which the application is received.

(e) There shall be no limitation of time for filing and receiving applications for
ballots under sections 203B.16 to 203B.27.

Sec. 3.

Minnesota Statutes 2008, section 203B.21, subdivision 2, is amended to read:

Subd. 2.

Mailing of ballots; return.

new text begin Except as provided by section 203B.225,
new text end ballots and instructions for marking them, ballot envelopes, and return envelopes shall
be sent by first class mail to addresses within the continental United States and by air
mail to addresses outside the continental United States. The ballot envelope and return
envelope shall be marked "Official Ballot," and shall contain sufficient postage to assure
proper return delivery. The return envelope shall be addressed to comply with any method
for return of absentee ballots as authorized under section 203B.08, subdivision 2. The
requirements of this subdivision do not apply to ballots and related materials provided
under section 203B.225.

Sec. 4.

Minnesota Statutes 2008, section 203B.22, is amended to read:

203B.22 deleted text begin MAILING deleted text end new text begin TRANSMITTING new text end BALLOTS.

The county auditor shall deleted text begin mail deleted text end new text begin transmit new text end the appropriate ballots, as promptly as
possible, to an absent voter whose application has been recorded under section 203B.19.
If the county auditor determines that a voter is not eligible to vote at the primary but
will be eligible to vote at the general election, only general election ballots shall be
deleted text begin mailed deleted text end new text begin transmitted new text end . Only one set of ballots shall be deleted text begin mailed deleted text end new text begin transmitted new text end to any applicant
for any election, except that the county auditor may deleted text begin mail deleted text end new text begin transmit new text end a replacement ballot
to a voter whose ballot has been spoiled or lost in transit or whose mailing address has
changed after the date on which the original application was submitted as confirmed by
the county auditor. Ballots to be sent outside the United States shall be given priority in
deleted text begin mailing deleted text end new text begin transmission new text end . A county auditor may make use of any special service provided
by the United States government for the deleted text begin mailing deleted text end new text begin transmission new text end of voting materials under
sections 203B.16 to 203B.27.

Sec. 5.

Minnesota Statutes 2008, section 203B.225, subdivision 1, is amended to read:

Subdivision 1.

Transmitting ballot and certificate of voter eligibility.

A voter
described in section 203B.16 may include in an application for absentee ballots a request
that the ballots, instructions, and a certificate of voter eligibility meeting the requirements
of section 203B.21, subdivision 3, be transmitted to the voter electronically. Upon receipt
of a properly completed application requesting electronic transmission, the county auditor
shall electronically transmit the requested materials to the voter. new text begin The county auditor is not
required to provide return postage to voters to whom ballots are transmitted electronically.
new text end

Sec. 6.

Minnesota Statutes 2008, section 203B.227, is amended to read:

203B.227 WRITE-IN ABSENTEE BALLOT.

A voter described in section 203B.16, subdivision 1, may use deleted text begin a state write-in
absentee ballot or deleted text end the federal write-in absentee ballot to vote in any federal, state, or local
election. In a state or local election, a vote for a political party without specifying the
name of a candidate must not be counted.