HF 491

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/13/2013 06:49pm

A bill for an act
relating to public safety; restoring the civil right to vote of an individual upon
release from incarceration; requiring notice; repealing county attorney obligation
to promptly investigate voter registration and eligibility; amending Minnesota
Statutes 2012, sections 201.014, by adding a subdivision; 201.071, subdivision
1; 204C.10; 609.165, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapters 201; 243; repealing Minnesota Statutes 2012, section 201.275.

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

Section 1.

Minnesota Statutes 2012, section 201.014, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Felony conviction; restoration of civil right to vote. new text end

new text begin An individual
convicted of a felony has the civil right to vote restored when the individual completes
any incarceration imposed and executed by the court for the offense, or upon sentencing if
no incarceration is imposed. If the individual is later incarcerated for the same offense, the
individual's civil right to vote is lost only during the period of incarceration.
new text end

Sec. 2.

Minnesota Statutes 2012, section 201.071, subdivision 1, is amended to read:

Subdivision 1.

Form.

A voter registration application must be of suitable size and
weight for mailing and contain spaces for the following required information: voter's first
name, middle name, and last name; voter's previous name, if any; voter's current address;
voter's previous address, if any; voter's date of birth; voter's municipality and county
of residence; voter's telephone number, if provided by the voter; date of registration;
current and valid Minnesota driver's license number or Minnesota state identification
number, or if the voter has no current and valid Minnesota driver's license or Minnesota
state identification, the last four digits of the voter's Social Security number; and voter's
signature. The registration application may include the voter's e-mail address, if provided
by the voter, and the voter's interest in serving as an election judge, if indicated by the
voter. The application must also contain the following certification of voter eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my
right to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) deleted text begin have the right to vote because, if I have been convicted of a felony, my felony
sentence has expired (been completed) or I have been discharged from my sentence deleted text end new text begin am
not currently incarcerated for a felony offense new text end ; and

(8) have read and understand the following statement: that giving false information
is a felony punishable by not more than five years imprisonment or a fine of not more
than $10,000, or both."

The certification must include boxes for the voter to respond to the following
questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

Sec. 3.

new text begin [201.276] DUTIES OF SECRETARY OF STATE; INFORMATION
ABOUT VOTING RIGHTS.
new text end

new text begin The secretary of state shall develop accurate and complete information in a single
publication about the voting rights of people who have been charged with or convicted
of a crime. This publication must be made available electronically to the state court
administrator for distribution to judges, court personnel, probation officers, and the
Department of Corrections for distribution to corrections officials, parole and supervised
release agents, and the public.
new text end

Sec. 4.

Minnesota Statutes 2012, 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 has the right to vote because, if the individual was convicted of a felony, deleted text begin the felony
sentence has expired or been completed or deleted text end the individual has deleted text begin been discharged from the
sentence deleted text end new text begin completed the term of incarceration, if any, for the felony offense new text end , is registered new text begin ,
new text end 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. 5.

new text begin [243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE.
new text end

new text begin Subdivision 1. new text end

new text begin Correctional facilities; designation of official. new text end

new text begin The chief executive
officer of each state and local correctional facility shall designate an official within the
facility to provide the notice and application required under this section to persons to
whom the civil right to vote is restored by reason of the persons' release from actual
incarceration. The official shall maintain an adequate supply of voter registration
applications and informational materials for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin Notice requirement. new text end

new text begin A notice of restoration of the civil right to vote and a
voter registration application must be provided as follows:
new text end

new text begin (1) the chief executive officer of each state and local correctional facility shall
provide the notice and application to a person being released from the facility following
incarceration for a felony-level offense; and
new text end

new text begin (2) a probation officer or supervised release agent shall provide the notice and
application to all individuals under correctional supervision for a felony-level offense.
new text end

new text begin Subd. 3. new text end

new text begin Form of notice. new text end

new text begin The notice required by subdivision 2 must appear
substantially as follows:
new text end

new text begin "NOTICE OF RESTORATION OF YOUR RIGHT TO VOTE.
new text end

new text begin Your receipt of this notice today means that your right to vote in Minnesota has
been restored. Before you can vote on election day, you still need to register to vote. To
register, you may complete a voter registration application and return it to the Office of
the Minnesota Secretary of State. You may also register to vote in your polling place on
election day. You will not be permitted to cast a ballot until you register to vote. The first
time you appear at your polling place to cast a ballot, you may be required to provide
proof of your current residence."
new text end

new text begin Subd. 4. new text end

new text begin Failure to provide notice. new text end

new text begin A failure to provide proper notice as required
by this section does not prevent the restoration of the person's civil right to vote.
new text end

Sec. 6.

Minnesota Statutes 2012, section 609.165, subdivision 1, is amended to read:

Subdivision 1.

Restoration.

When a person has been deprived of civil rights by
reason of conviction of a crime and is thereafter discharged, such discharge shall restore the
person to all civil rights and to full citizenship, with full right to deleted text begin vote and deleted text end hold office, the
same as if such conviction had not taken place, and the order of discharge shall so provide.

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 201.275, new text end new text begin is repealed.
new text end