HF 4612

as introduced - 91st Legislature (2019 - 2020) Posted on 04/30/2020 09:42am

A bill for an act
relating to elections; modifying statewide voter registration system maintenance
procedures; establishing a procedure for provisional balloting; amending Minnesota
Statutes 2018, sections 201.12, subdivision 4; 201.121, subdivision 1; 204C.12,
subdivision 3; 204C.14, subdivision 1; Minnesota Statutes 2019 Supplement,
section 204C.10; 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 201.12, subdivision 4, is amended to read:

Subd. 4.

Challenges.

If any nonforwardable mailing from an election official is returned
as undeliverable but with no forwarding address, the county auditor shall change the
registrant's status to "challenged" in the statewide voter registration system. An individual
challenged in accordance with this subdivision shall comply with the provisions of section
204C.12 deleted text begin , deleted text end before being allowed to vote new text begin , including voting by absentee ballot, in-person voting,
or voting by mail new text end . If a notice mailed at least 60 days after the return of the first
nonforwardable mailing is also returned by the postal service, the county auditor shall deleted text begin change deleted text end new text begin
maintain new text end the registrant's status deleted text begin to "inactive" deleted text end new text begin as "challenged" new text end in the statewide voter registration
system.

Sec. 2.

Minnesota Statutes 2018, section 201.121, subdivision 1, is amended to read:

Subdivision 1.

Entry of registration information.

(a) At the time a voter registration
application is properly completed, submitted, and received in accordance with sections
201.061 and 201.071, the county auditor shall enter the information contained on it into the
statewide registration system. Voter registration applications completed before election day
must be entered into the statewide registration system within ten days after they have been
submitted to the county auditor. Voter registration applications completed on election day
must be entered into the statewide registration system within 42 days after the election,
unless the county auditor notifies the secretary of state before the deadline has expired that
the deadline will not be met. Upon receipt of a notification under this paragraph, the secretary
of state must extend the deadline for that county auditor by an additional 28 days. The
secretary of state may waive a county's obligations under this paragraph if, on good cause
shown, the county demonstrates its permanent inability to comply.

The secretary of state must post data on each county's compliance with this paragraph on
the secretary of state's website including, as applicable, the date each county fully complied
or the deadline by which a county's compliance must be complete.

(b) Upon receiving a completed voter registration application, the secretary of state may
electronically transmit the information on the application to the appropriate county auditor
as soon as possible for review by the county auditor before final entry into the statewide
registration system. The secretary of state may mail the voter registration application to the
county auditor.

(c) Within ten days after the county auditor has entered information from a voter
registration application into the statewide registration system, the secretary of state shall
compare the voter's name, date of birth, and driver's license number, state identification
number, or the last four digits of the Social Security number with the same information
contained in the Department of Public Safety database new text begin and the Social Security Administration
database new text end .

(d) The secretary of state shall provide a report to the county auditor on a weekly basis
that includes a list of voters whose name, date of birth, or identification number have been
compared with the same information in the Department of Public Safety database new text begin and the
Social Security Administration database new text end and cannot be verified as provided in this
subdivision. The report must list separately those voters who have submitted a voter
registration application by mail and have not voted in a federal election in this state.

(e) The county auditor shall compile a list of voters for whom the county auditor and
the secretary of state are unable to conclude that information on the voter registration
application and the corresponding information in the Department of Public Safety database
new text begin and the Social Security Administration database new text end relate to the same person.

(f) The county auditor shall send a notice of incomplete registration to any voter whose
name appears on the list and change the voter's status to deleted text begin "incomplete." deleted text end new text begin "challenged-identity." new text end
A voter who receives a notice of incomplete registration from the county auditor may either
provide the information required to complete the registration at least 21 days before the
next election or at the polling place on election day.

Sec. 3.

Minnesota Statutes 2019 Supplement, 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." 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 new text begin for a period of at least three years new 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. 4.

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. 5.

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. 6.

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. 7. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective June 1, 2020, and applies to elections held on or after that date.
new text end