HF 1078

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; implementing certain 
  1.3             requirements of the Help America Vote Act of 2002 
  1.4             relating to voter registration and identification; 
  1.5             amending Minnesota Statutes 2002, sections 201.071, 
  1.6             subdivisions 1, 3; 201.091, subdivision 1; 203B.07, 
  1.7             subdivision 1; 204B.45, subdivision 2; 204C.10. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 201.071, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [FORM.] A registration card must be of 
  1.12  suitable size and weight for mailing and contain spaces for the 
  1.13  following required information:  voter's first name, middle 
  1.14  name, and last name; voter's previous name, if any; voter's 
  1.15  current address; voter's previous address, if any; voter's date 
  1.16  of birth; voter's current and valid driver's license number or, 
  1.17  if none, the last four digits of the voter's social security 
  1.18  number, if any; voter's municipality and county of residence; 
  1.19  voter's telephone number, if provided by the voter; date of 
  1.20  registration; and voter's signature.  The card must also contain 
  1.21  a certification of voter eligibility. 
  1.22     The form of the voter registration card and the 
  1.23  certification of voter eligibility must be as provided in the 
  1.24  rules of the secretary of state.  Voter registration forms 
  1.25  authorized by the National Voter Registration Act may also be 
  1.26  accepted as valid. 
  2.1      Sec. 2.  Minnesota Statutes 2002, section 201.071, 
  2.2   subdivision 3, is amended to read: 
  2.3      Subd. 3.  [DEFICIENT REGISTRATION.] No registration is 
  2.4   deficient if it contains the voter's name,; address,; date of 
  2.5   birth,; current and valid driver's license number or, if none, 
  2.6   the last four digits of the voter's social security number, if 
  2.7   any; prior registration, if any; and signature.  The absence of 
  2.8   a zip code number does not cause the registration to be 
  2.9   deficient.  The election judges shall request an individual to 
  2.10  correct a registration card if it is deficient or illegible or 
  2.11  if the name or number of the voter's school district is missing 
  2.12  or obviously incorrect.  No eligible voter may be prevented from 
  2.13  voting unless the voter's registration card is deficient or the 
  2.14  voter is duly and successfully challenged in accordance with 
  2.15  section 201.195 or 204C.12. 
  2.16     A registration card accepted prior to August 1, 1983, is 
  2.17  not deficient for lack of date of birth.  The county or 
  2.18  municipality may attempt to obtain the date of birth for a 
  2.19  registration card accepted prior to August 1, 1983, by a request 
  2.20  to the voter at any time except at the polling place.  Failure 
  2.21  by the voter to comply with this request does not make the 
  2.22  registration deficient.  
  2.23     A registration card accepted before January 1, 2004, is not 
  2.24  deficient for lack of a current and valid driver's license 
  2.25  number or social security number. 
  2.26     Sec. 3.  Minnesota Statutes 2002, section 201.091, 
  2.27  subdivision 1, is amended to read: 
  2.28     Subdivision 1.  [MASTER LIST.] Each county auditor shall 
  2.29  prepare and maintain a current list of registered voters in each 
  2.30  precinct in the county which is known as the master list.  The 
  2.31  master list must be created by entering each completed voter 
  2.32  registration card received by the county auditor into the 
  2.33  statewide registration system.  It must show the name, residence 
  2.34  address, and date of birth of each voter registered in the 
  2.35  precinct.  For a voter whose registration card was accepted or 
  2.36  processed on or after January 1, 2004, the master list must show 
  3.1   the voter's current and valid driver's license number or, if 
  3.2   none, the last four digits of the voter's social security 
  3.3   number, if any.  The information contained in the master list 
  3.4   may only be made available to public officials for purposes 
  3.5   related to election administration, jury selection, and in 
  3.6   response to a law enforcement inquiry concerning a violation of 
  3.7   or failure to comply with any criminal statute or state or local 
  3.8   tax statute. 
  3.9      Sec. 4.  Minnesota Statutes 2002, section 203B.07, 
  3.10  subdivision 1, is amended to read: 
  3.11     Subdivision 1.  [DELIVERY OF ENVELOPES, DIRECTIONS.] The 
  3.12  county auditor or the municipal clerk shall prepare, print, and 
  3.13  transmit a return envelope, a ballot envelope, and a copy of the 
  3.14  directions for casting an absentee ballot to each applicant 
  3.15  whose application for absentee ballots is accepted pursuant to 
  3.16  section 203B.04.  The directions for casting an absentee ballot 
  3.17  shall be printed in at least 14-point bold type with heavy 
  3.18  leading and may be printed on the ballot envelope.  When a 
  3.19  person requests the directions in Braille or on cassette tape, 
  3.20  the county auditor or municipal clerk shall provide them in the 
  3.21  form requested.  The secretary of state shall prepare Braille 
  3.22  and cassette copies and make them available.  
  3.23     When a voter registration card is sent to the applicant as 
  3.24  provided in section 203B.06, subdivision 4, the directions or 
  3.25  registration card shall include instructions for registering to 
  3.26  vote.  
  3.27     If the voter's current registration was or will be 
  3.28  completed by mail on or after January 1, 2003, the voter must 
  3.29  include in the return envelope a copy of a current and valid 
  3.30  photo identification or a copy of a current utility bill, bank 
  3.31  statement, government check, paycheck, or other governmental 
  3.32  document that shows the name and address of the voter. 
  3.33     Sec. 5.  Minnesota Statutes 2002, section 204B.45, 
  3.34  subdivision 2, is amended to read: 
  3.35     Subd. 2.  [PROCEDURE.] Notice of the election and the 
  3.36  special mail procedure must be given at least six weeks prior to 
  4.1   the election.  No earlier than 20 days or later than 14 days 
  4.2   prior to the election, the auditor shall mail ballots by 
  4.3   nonforwardable mail to all voters registered in the town or 
  4.4   unorganized territory.  Eligible voters not registered at the 
  4.5   time the ballots are mailed may apply for ballots as provided in 
  4.6   chapter 203B.  Ballot return envelopes, with return postage 
  4.7   provided, must be preaddressed to the auditor or clerk and the 
  4.8   voter may return the ballot by mail or in person to the office 
  4.9   of the auditor or clerk.  If the voter's current registration 
  4.10  was or will be completed by mail on or after January 1, 2003, 
  4.11  the voter must include in the return envelope a copy of a 
  4.12  current and valid photo identification or a copy of a current 
  4.13  utility bill, bank statement, government check, paycheck, or 
  4.14  other government document that shows the name and address of the 
  4.15  voter.  The costs of the mailing shall be paid by the election 
  4.16  jurisdiction in which the voter resides.  Any ballot received by 
  4.17  8:00 p.m. on the day of the election must be counted.  
  4.18     Sec. 6.  Minnesota Statutes 2002, section 204C.10, is 
  4.19  amended to read: 
  4.20     204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 
  4.21  REGISTRATION.] 
  4.22     An individual seeking to vote shall sign a polling place 
  4.23  roster which states that the individual is at least 18 years of 
  4.24  age, a citizen of the United States, has resided in Minnesota 
  4.25  for 20 days immediately preceding the election, certifies 
  4.26  residence at the address shown, is not under guardianship of the 
  4.27  person, has not been found by a court of law to be legally 
  4.28  incompetent to vote or convicted of a felony without having 
  4.29  civil rights restored, is registered and has not already voted 
  4.30  in the election.  A judge may, before the applicant signs the 
  4.31  roster, confirm the applicant's name, address, and date of 
  4.32  birth.  If the applicant's current voter registration was 
  4.33  completed by mail on or after January 1, 2003, the applicant 
  4.34  must present to the judge a current and valid photo 
  4.35  identification or a copy of a current utility bill, bank 
  4.36  statement, government check, paycheck, or other government 
  5.1   document that shows the name and address of the applicant.  
  5.2   After the applicant signs the roster, the judge shall give the 
  5.3   applicant a voter's receipt.  The voter shall deliver the 
  5.4   voter's receipt to the judge in charge of ballots as proof of 
  5.5   the voter's right to vote, and thereupon the judge shall hand to 
  5.6   the voter the ballot.  The voters' receipts must be maintained 
  5.7   during the time for notice of filing an election contest. 
  5.8      Sec. 7.  [EFFECTIVE DATE.] 
  5.9      Except as otherwise provided, this act is effective January 
  5.10  1, 2004.