HF 3948

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; exempting on a onetime basis municipalities in a county
that filed a county plan pursuant to Laws 2005, chapter 162, section 35, from
the requirements of Minnesota Statutes, section 206.82; implementing in law the
requirements of a federal court order regarding the use of tribal identification;
providing for a registration deadline for special elections; providing for a uniform
and consistent oath to be signed by voters in an election; amending Minnesota
Statutes 2004, section 201.061, subdivision 1; Minnesota Statutes 2005
Supplement, sections 201.061, subdivision 3; 204C.10; 206.82, subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 201.061, subdivision 1, is amended to read:

Subdivision 1.

Prior to election day.

At any time except during the 20 days
immediately preceding any new text begin regularly scheduled new text end election, an eligible voter or any
individual who will be an eligible voter at the time of the next election may register to vote
in the precinct in which the voter maintains residence by completing a voter registration
application as described in section 201.071, subdivision 1, and submitting it in person
or by mail to the county auditor of that county or to the Secretary of State's Office.
A registration that is received no later than 5:00 p.m. on the 21st day preceding any
election shall be accepted. An improperly addressed or delivered registration application
shall be forwarded within two working days after receipt to the county auditor of the
county where the voter maintains residence. A state or local agency or an individual that
accepts completed voter registration applications from a voter must submit the completed
applications to the secretary of state or the appropriate county auditor within ten days
after the applications are dated by the voter.

For purposes of this section, mail registration is defined as a voter registration
application delivered to the secretary of state, county auditor, or municipal clerk by the
United States Postal Service or a commercial carrier.

Sec. 2.

Minnesota Statutes 2005 Supplement, section 201.061, subdivision 3, is
amended to read:

Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may
register on election day by appearing in person at the polling place for the precinct in
which the individual maintains residence, by completing a registration application, making
an oath in the form prescribed by the secretary of state and providing proof of residence.
An individual may prove residence for purposes of registering by:

(1) presenting a driver's license or Minnesota identification card issued pursuant
to section 171.07;

(2) presenting any document approved by the secretary of state as proper
identification;

(3) presenting one of the following:

(i) a current valid student identification card from a postsecondary educational
institution in Minnesota, if a list of students from that institution has been prepared under
section 135A.17 and certified to the county auditor in the manner provided in rules of
the secretary of state; or

(ii) a current student fee statement that contains the student's valid address in the
precinct together with a picture identification card; or

(4) having a voter who is registered to vote in the precinct, or who is an employee
employed by and working in a residential facility in the precinct and vouching for a
resident in the facility, sign an oath in the presence of the election judge vouching that the
voter or employee personally knows that the individual is a resident of the precinct. A
voter who has been vouched for on election day may not sign a proof of residence oath
vouching for any other individual on that election day. A voter who is registered to vote in
the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
does not apply to an employee of a residential facility described in this clause. The
secretary of state shall provide a form for election judges to use in recording the number
of individuals for whom a voter signs proof-of-residence oaths on election day. The
form must include space for the maximum number of individuals for whom a voter may
sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
a statement that the voter is registered to vote in the precinct, personally knows that the
individual is a resident of the precinct, and is making the statement on oath. The form must
include a space for the voter's printed name, signature, telephone number, and address.

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must
be attached to the voter registration application and the information on the oath must be
recorded on the records of both the voter registering on election day and the voter who
is vouching for the person's residence, and entered into the statewide voter registration
system by the county auditor when the voter registration application is entered into that
system.

(b) The operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the residential
facility. The operator shall certify the list and provide it to the appropriate county auditor
no less than 20 days before each election for use in election day registration.

(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as
defined in section 245A.02, subdivision 14; a residential facility for persons with a
developmental disability licensed by the commissioner of human services under section
252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; or a supervised
publicly or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.

(d) For tribal band members, an individual may prove residence for purposes of
registering by new text begin :
new text end

new text begin (1) new text end presenting an identification card issued by the tribal government of a tribe new text begin with
a reservation located in whole or in part in Minnesota and new text end recognized by the Bureau of
Indian Affairs, United States Department of the Interior, that contains the name, address,
signature, and picture of the individual new text begin ; or
new text end

new text begin (2) presenting an identification card issued by the tribal government of a tribe with
a reservation located in whole or in part in Minnesota and recognized by the Bureau of
Indian Affairs, United States Department of the Interior, that contains the name, signature,
and picture of the individual and also presenting one of the documents listed in Minnesota
Rules, part 8200.5100, subpart 2, item B new text end .

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 3.

Minnesota Statutes 2005 Supplement, section 204C.10, is amended to read:

204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.

(a) An individual seeking to vote shall sign a polling place roster 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 deleted text begin convicted of a felony without having civil rights restored deleted text end new text begin 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 new text end , 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) A judge may, before the applicant signs the roster, confirm the applicant's name,
address, and date of birth.

(c) After the applicant signs the roster, 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 during the time for notice of filing an election contest.

Sec. 4.

Minnesota Statutes 2005 Supplement, section 206.82, subdivision 2, is
amended to read:

Subd. 2.

Plan.

new text begin (a) Subject to paragraph (b), new text end the municipal clerk in a municipality
where an electronic voting system is used and the county auditor of a county in which an
electronic voting system is used in more than one municipality and the county auditor of
a county in which a counting center serving more than one municipality is located shall
prepare a plan which indicates acquisition of sufficient facilities, computer time, and
professional services and which describes the proposed manner of complying with section
206.80. The plan must be signed, notarized, and submitted to the secretary of state more
than 60 days before the first election at which the municipality uses an electronic voting
system. Prior to July 1 of each subsequent general election year, the clerk or auditor
shall submit to the secretary of state notification of any changes to the plan on file with
the secretary of state. The secretary of state shall review each plan for its sufficiency and
may request technical assistance from the Department of Administration or other agency
which may be operating as the central computer authority. The secretary of state shall
notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days
of receipt of the plan. The attorney general, upon request of the secretary of state, may
seek a district court order requiring an election official to fulfill duties imposed by this
subdivision or by rules promulgated pursuant to this section.

new text begin (b) Systems implemented by counties and municipalities in calendar year 2006 are
exempt from paragraph (a) and section 206.58, subdivision 4, if:
new text end

new text begin (1) the municipality has fewer than 10,000 residents; and
new text end

new text begin (2) a valid county plan was filed by the county auditor of the county in which the
municipality is located.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective July 1, 2006.
new text end