HF 1109

as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 03:20pm

A bill for an act
relating to elections; establishing a procedure for provisional balloting; amending
Minnesota Statutes 2018, 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 2018, section 204C.10, is amended to read:

204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE;
VOTER RECEIPT.

(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) At the presidential nomination primary, the polling place roster must also state: "I
am in general agreement with the principles of the party for whose candidate I intend to
vote, and I understand that my choice of a party's ballot will be public information." This
statement must appear separately from the statements required in paragraph (a). The felony
penalty provided for in paragraph (a) does not apply to this paragraph.

(c) 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

(d) 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 .

(e) Whenever a challenged status appears on the polling place roster, an election judge
must ensure that the challenge is concealed or hidden from the view of any voter other than
the voter whose status is challenged.

Sec. 2.

Minnesota Statutes 2018, 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 and 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 Before 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 2018, section 204C.14, subdivision 1, is amended to read:

Subdivision 1.

Violations; penalty.

new text begin (a) new text end No individual shall intentionally:

deleted text begin (a) deleted text end new text begin (1) new text end 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;

deleted text begin (b) deleted text end new text begin (2) new text end vote more than once at the same election;

deleted text begin (c) deleted text end new text begin (3) new text end put a ballot in a ballot box for any illegal purpose;

deleted text begin (d) deleted text end new text begin (4) new text end give more than one ballot of the same kind to an election judge to be placed in a
ballot box;

deleted text begin (e) deleted text end new text begin (5) new text end 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

deleted text begin (f) deleted text end new text begin (6) new text end aid, abet, counsel or procure another to do any act in violation of this section.

new text begin (b) new text end 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, 2019, and applies to elections held on or after that date.
new text end