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HF 501

as introduced - 89th Legislature (2015 - 2016) Posted on 05/13/2015 01:31pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/02/2015

Current Version - as introduced

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A bill for an act
relating to elections; modifying provisions related to military and overseas
voting; amending Minnesota Statutes 2014, sections 203B.01, subdivision 3;
203B.16, subdivisions 1, 2; 203B.17, subdivisions 1, 2; 204D.11, subdivision 4.

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

Section 1.

Minnesota Statutes 2014, section 203B.01, subdivision 3, is amended to read:


Subd. 3.

Military.

"Military" means the Army, Navy, Air Force, Marine Corps,
Coast Guard or Merchant Marine of the United States, deleted text begin anddeleted text end all other uniformed services as
defined in United States Code, title deleted text begin 42, section 1973ff-6deleted text end new text begin 52, section 20310, and military
forces as defined by section 190.05, subdivision 3
new text end .

Sec. 2.

Minnesota Statutes 2014, section 203B.16, subdivision 1, is amended to read:


Subdivision 1.

Military service; temporary residence outside United States.

Sections 203B.16 to 203B.27 provide alternative voting procedures for eligible voters who
are absent from the precinct where they maintain residence because they are:

(1) either in the military or the spouses or dependents of individuals serving in
the military; or

(2) temporarily outside the territorial limits of the United States.

Sections 203B.16 to 203B.27 are intended to implement the federal Uniformed and
Overseas Citizens Absentee Voting Act, United States Code, title deleted text begin 42, section 1973ffdeleted text end new text begin 52,
sections 20301 to 20310
new text end .

Sec. 3.

Minnesota Statutes 2014, section 203B.16, subdivision 2, is amended to read:


Subd. 2.

Indefinite residence outside United States.

Sections 203B.16 to
203B.27 provide the exclusive voting procedure for United States citizens who are living
indefinitely outside the territorial limits of the United States who meet all the qualifications
of an eligible voter except residence in Minnesota, but who are authorized by federal law
to vote in Minnesota because theynew text begin or, if they have never resided in the United States,
a parent
new text end maintained residence in Minnesota for at least 20 days immediately prior to
their departure from the United States. Individuals described in this subdivision shall be
permitted to vote only for the offices of president, vice-president, senator in Congress,
and representative in Congress.

Sec. 4.

Minnesota Statutes 2014, section 203B.17, subdivision 1, is amended to read:


Subdivision 1.

Submission of application.

(a) An application for absentee ballots
for a voter described in section 203B.16 must be in writing and may be submitted in
person, by mail, by electronic facsimile device, by electronic mail, or electronically
through a secure Web site that shall be maintained by the secretary of state for this
purpose, upon determination by the secretary of state that security concerns have been
adequately addressed. An application for absentee ballots for a voter described in section
203B.16 may be submitted by that voter or by that voter's parent, spouse, sister, brother, or
child over the age of 18 years. deleted text begin For purposes of an application under this subdivision, a
person's Social Security number, no matter how it is designated, qualifies as the person's
military identification number if the person is in the military.
deleted text end

(b) An application for a voter described in section 203B.16, subdivision 1, shall be
submitted to the county auditor of the county where the voter maintains residence or
through the secure Web site maintained by the secretary of state.

(c) An application for a voter described in section 203B.16, subdivision 2, shall be
submitted to the county auditor of the county where the voter new text begin or the voter's parent new text end last
maintained residence in Minnesota or through the secure Web site maintained by the
secretary of state.

(d) An application for absentee ballots shall be valid for any primary, special
primary, general election, or special election from the time the application is received
through the end of that calendar year.

(e) There shall be no limitation of time for filing and receiving applications for
ballots under sections 203B.16 to 203B.27.

Sec. 5.

Minnesota Statutes 2014, section 203B.17, subdivision 2, is amended to read:


Subd. 2.

Required information.

An application shall be accepted if it contains the
following information stated under oath:

(a) the voter's name, birthdate, and present address of residence in Minnesota, or
former address of residence new text begin or parent's former address of residence new text end in Minnesota if the
voter is living permanently outside the United States;

(b) a statement indicating that the voter is in the military, or is the spouse or
dependent of an individual serving in the military, or is temporarily outside the territorial
limits of the United States, or is living permanently outside the territorial limits of the
United States and voting under federal law;

(c) a statement that the voter expects to be absent from the precinct at the time
of the election;

(d) the address to which absentee ballots are to be mailed;

(e) the voter's signature or the signature and relationship of the individual authorized
to apply on the voter's behalf;

(f) the voter's passport number, Minnesota driver's license or state identification card
number, or the last four digits of the voter's Social Security number; if the voter does not
have access to any of these documents, the voter or other individual requesting absentee
ballots may attest to the truthfulness of the contents of the application under penalty
of perjury; and

(g) the voter's e-mail address, if the application was submitted electronically through
the secure Web site maintained by the secretary of state.

Notwithstanding paragraph (f), an application submitted through the secretary of state's
Web site must include the voter's verifiable Minnesota driver's license number, Minnesota
state identification card number, or the last four digits of the voter's Social Security
number, and may only be transmitted to the county auditor for processing if the secretary
of state has verified the application information matches the information in a government
database associated with the applicant's driver's license number, state identification card
number, or Social Security number. The secretary of state must review all unverifiable
applications for evidence of suspicious activity and must forward any such application to
an appropriate law enforcement agency for investigation.

Sec. 6.

Minnesota Statutes 2014, section 204D.11, subdivision 4, is amended to read:


Subd. 4.

Special federal ballot.

(a) The names of all candidates for the offices
of president and vice-president of the United States and senator and representative in
Congress shall be placed on a ballot that shall be known as the "special federal ballot."

(b) This ballot shall be prepared by the county auditor in the same manner as the
state general election ballot and shall be subject to the rules adopted by the secretary of
state pursuant to subdivision 1. This ballot must be prepared and furnished in accordance
with the federal Uniformed and Overseas Citizens Absentee Voting Act, United States
Code, title deleted text begin 42, section 1973ffdeleted text end new text begin 52, sections 20301 to 20310new text end .

(c) The special federal ballot shall be the only ballot sent to citizens of the United
States who are eligible to vote by absentee ballot for federal candidates in Minnesota.