HF 1112

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:44am

A bill for an act
relating to elections; authorizing absentee voting without excuse; amending
Minnesota Statutes 2008, sections 203B.02, subdivision 1; 203B.04, subdivisions
1, 6.

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

Section 1.

Minnesota Statutes 2008, section 203B.02, subdivision 1, is amended to read:

Subdivision 1.

Unable to go to polling place new text begin ; voting by absentee ballot new text end .

deleted text begin (a) deleted text end Any
eligible voter deleted text begin who reasonably expects to be unable to go to the polling place on election
day in the precinct where the individual maintains residence because of absence from the
precinct; illness, including isolation or quarantine under sections 144.419 to 144.4196
or United States Code, title 42, sections 264 to 272; disability; religious discipline;
observance of a religious holiday; or service as an election judge in another precinct deleted text end may
vote by absentee ballot as provided in sections 203B.04 to 203B.15.

deleted text begin (b) If the governor has declared an emergency and filed the declaration with the
secretary of state under section 12.31, and the declaration states that the emergency has
made it difficult for voters to go to the polling place on election day, any voter in a
precinct covered by the declaration may vote by absentee ballot as provided in sections
203B.04 to 203B.15.
deleted text end

Sec. 2.

Minnesota Statutes 2008, section 203B.04, subdivision 1, is amended to read:

Subdivision 1.

Application procedures.

Except as otherwise allowed by
subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
for any election may be submitted at any time not less than one day before the day of
that election. The county auditor shall prepare absentee ballot application forms in the
format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
and shall furnish them to any person on request. By January 1 of each even-numbered
year, the secretary of state shall make the forms to be used available to auditors through
electronic means. An application submitted pursuant to this subdivision shall be in writing
and shall be submitted to:

deleted text begin (a) deleted text end new text begin (1) new text end the county auditor of the county where the applicant maintains residence; or

deleted text begin (b) deleted text end new text begin (2) new text end the municipal clerk of the municipality, or school district if applicable, where
the applicant maintains residence.

An application shall be approved if it is timely received, signed and dated by the
applicant, contains the applicant's name and residence and mailing addresses deleted text begin , and states
that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
section 203B.02 deleted text end . The application may contain a request for the voter's date of birth, which
must not be made available for public inspection. An application may be submitted to
the county auditor or municipal clerk by an electronic facsimile device. An application
mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
by a person other than the voter must be deposited in the mail or returned in person to
the county auditor or municipal clerk within ten days after it has been dated by the voter
and no later than six days before the election. The absentee ballot applications or a list of
persons applying for an absentee ballot may not be made available for public inspection
until the close of voting on election day.

An application under this subdivision may contain an application under subdivision
5 to automatically receive an absentee ballot application.

Sec. 3.

Minnesota Statutes 2008, section 203B.04, subdivision 6, is amended to read:

Subd. 6.

Ongoing absentee status; termination.

(a) An eligible voter may apply to
a county auditor or municipal clerk for status as an ongoing absentee voter deleted text begin who reasonably
expects to meet the requirements of section 203B.02, subdivision 1 deleted text end . Each applicant must
automatically be provided with an absentee ballot application for each ensuing election
other than an election by mail conducted under section 204B.45, and must have the status
of ongoing absentee voter indicated on the voter's registration record.

(b) Ongoing absentee voter status ends on:

(1) the voter's written request;

(2) the voter's death;

(3) return of an ongoing absentee ballot as undeliverable;

(4) a change in the voter's status so that the voter is not eligible to vote under section
201.15 or 201.155; or

(5) placement of the voter's registration on inactive status under section 201.171.