HF 1518

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/07/2022 01:01pm

A bill for an act
relating to elections; prohibiting certain methods of compensation related to
absentee voting; requiring identification of individuals acting as an agent for an
absentee voter; requiring identification of individuals providing assistance to a
voter in a polling place; prohibiting certain activities related to voter registration
and absentee voting; establishing a system of provisional balloting; increasing
criminal penalties; amending Minnesota Statutes 2020, sections 203B.03, by adding
a subdivision; 203B.08, subdivision 1; 204C.10; 204C.12, subdivision 3; 204C.14,
subdivision 1; 204C.15, subdivision 1; 211B.07; 211B.13, subdivision 1; 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 2020, section 203B.03, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Prohibited methods of compensation. new text end

new text begin (a) No individual may be compensated
for the solicitation, collection, or acceptance of absentee ballot applications from voters for
submission to the county auditor or other local election official in a manner in which payment
is calculated by multiplying (1) either a set or variable payment rate, by (2) the number of
applications solicited, collected, or accepted.
new text end

new text begin (b) No individual may be deprived of compensation or have compensation automatically
reduced exclusively for failure to solicit, collect, or accept a minimum number of absentee
ballot applications.
new text end

new text begin (c) No individual may receive additional compensation for collecting a certain number
of absentee ballot applications.
new text end

Sec. 2.

Minnesota Statutes 2020, section 203B.08, subdivision 1, is amended to read:

Subdivision 1.

Marking and return by voter.

new text begin (a) new text end An eligible voter who receives absentee
ballots as provided in this chapter shall mark them in the manner specified in the directions
for casting the absentee ballots. The return envelope containing marked ballots may be
mailed as provided in the directions for casting the absentee ballots or may be left with the
county auditor or municipal clerk who transmitted the absentee ballots to the voter. If
delivered in person, the return envelope must be submitted to the county auditor or municipal
clerk by 3:00 p.m. on election day.

new text begin (b) new text end The voter may designate an agent to deliver in person the sealed absentee ballot
return envelope to the county auditor or municipal clerk deleted text begin or to deposit the return envelope
in the mail deleted text end . An agent may deliver deleted text begin or mail deleted text end the return envelopes of not more than three voters
in any election. new text begin Before accepting an absentee ballot return envelope from a voter's agent,
the county auditor or municipal clerk must document the agent's name, address, and telephone
number and must require the agent to sign a statement certifying compliance with this
paragraph. new text end Any person designated as an agent who tampers with either the return envelope
or the voted ballots deleted text begin or deleted text end new text begin , new text end does not immediately deleted text begin mail or deleted text end deliver the return envelope to the
county auditor or municipal clerk new text begin , or otherwise violates the requirements of this paragraph new text end
is guilty of a deleted text begin misdemeanor deleted text end new text begin felony new text end .

Sec. 3.

Minnesota Statutes 2020, 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 .

(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 2020, 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 cast 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 (c) 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 (d) 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 (e) 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 do
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 2020, 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.

Minnesota Statutes 2020, section 204C.15, subdivision 1, is amended to read:

Subdivision 1.

Physical assistance in marking ballots.

A voter who claims a need for
assistance because of inability to read English or physical inability to mark a ballot may
obtain the aid of two election judges who are members of different major political parties.
The election judges shall mark the ballots as directed by the voter and in as secret a manner
as circumstances permit. A voter in need of assistance may alternatively obtain the assistance
of any individual the voter chooses. Only the following persons may not provide assistance
to a voter: the voter's employer, an agent of the voter's employer, an officer or agent of the
voter's union, or a candidate for election. The person who assists the voter shall,
unaccompanied by an election judge, retire with that voter to a booth and mark the ballot
as directed by the voter. No person who assists another voter as provided in the preceding
sentence shall mark the ballots of more than three voters at one election. Before the ballots
are deposited, the voter may show them privately to an election judge to ascertain that they
are marked as the voter directed. An election judge or other individual assisting a voter shall
not in any manner request, persuade, induce, or attempt to persuade or induce the voter to
vote for any particular political party or candidate. The election judges or other individuals
who assist the voter shall not reveal to anyone the name of any candidate for whom the
voter has voted or anything that took place while assisting the voter. new text begin Before permitting an
individual to assist a voter, an election judge must document the individual's name, address,
and telephone number and must require the individual to sign a statement certifying
compliance with this subdivision. An individual who assists a voter in a manner not
authorized by this section is guilty of a felony.
new text end

Sec. 8.

Minnesota Statutes 2020, section 211B.07, is amended to read:

211B.07 UNDUE INFLUENCE ON VOTERS PROHIBITED.

A person may not directly or indirectly use or threaten force, coercion, violence, restraint,
damage, harm, loss, including loss of employment or economic reprisal, undue influence,
or temporal or spiritual injury against an individual to compel the individual to new text begin register to
vote, to apply for an absentee ballot, or to new text end vote for or against a candidate or ballot question.
Abduction, duress, or fraud may not be used to obstruct or prevent the free exercise of the
right to vote of a voter at a primary or election, deleted text begin or deleted text end compel new text begin an individual to register to vote,
or compel new text end a voter to new text begin apply for an absentee ballot or new text end vote at a primary or election. Violation
of this section is a deleted text begin gross misdemeanor deleted text end new text begin felony new text end .

Sec. 9.

Minnesota Statutes 2020, section 211B.13, subdivision 1, is amended to read:

Subdivision 1.

Bribery, advancing money, and treating prohibited.

A person who
willfully, directly or indirectly, advances, pays, gives, promises, or lends any money, food,
liquor, clothing, entertainment, or other thing of monetary value, new text begin including but not limited
to coupons, vouchers, or gift cards for the purchase of gasoline, meals, or other products,
new text end or who offers, promises, or endeavors to obtain any money, position, appointment,
employment, or other valuable consideration, to or for a person, in order to induce deleted text begin a voter deleted text end new text begin
an individual to do any of the following: (1) to register to vote, (2) new text end to new text begin vote or to new text end refrain from
voting, deleted text begin or deleted text end new text begin (3) new text end to vote in a particular way, new text begin or (4) to apply for an absentee ballot new text end at an election,
is guilty of a felony. This section does not prevent a candidate from stating publicly
preference for or support of another candidate to be voted for at the same primary or election.
Refreshments of food or nonalcoholic beverages having a value up to $5 consumed on the
premises at a private gathering or public meeting are not prohibited under this section.

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end