2005 Minnesota Statutes

     201.016 Residence requirements for voting; violations; 
  penalty. 

    Subdivision 1.    Determination of residence.  An 
 eligible voter may vote only in the precinct in which the voter 
 maintains residence.  The residence of a voter shall be 
 determined in accordance with section 200.031.  

    Subd. 1a.    Violations; penalty.  (a) The county 
 auditor shall mail a violation notice to any voter who the 
 county auditor can determine has voted in a precinct other than 
 the precinct in which the voter maintains residence.  The notice 
 must be in the form provided by the secretary of state.  The 
 county auditor shall also change the status of the voter in the 
 statewide registration system to "challenged" and the voter 
 shall be required to provide proof of residence to either the 
 county auditor or to the election judges in the voter's precinct 
 before voting in the next election.  Any of the forms authorized 
 by section 201.061 for registration at the polling place may be 
 used for this purpose. 

    (b) A voter who votes in a precinct other than the precinct 
 in which the voter maintains residence after receiving an 
 initial violation notice as provided in this subdivision is 
 guilty of a petty misdemeanor.  

    (c) A voter who votes in a precinct other than the precinct 
 in which the voter maintains residence after having been found 
 to have committed a petty misdemeanor under paragraph (b) is 
 guilty of a misdemeanor. 

    (d) Reliance by the voter on inaccurate information 
 regarding the location of the voter's polling place provided by 
 the state, county, or municipality is an affirmative defense to 
 a prosecution under this subdivision. 

    Subd. 2.    Duration of residence.  The governing body 
 of any city by resolution may require an eligible voter to 
 maintain residence in a precinct for a period of 30 days prior 
 to voting on any question affecting only that precinct or voting 
 to elect public officials representing only that precinct.  The 
 governing body of any town by resolution may require an eligible 
 voter to maintain residence in that town for a period of 30 days 
 prior to voting in a town election.  The school board of any 
 school district by resolution may require an eligible voter to 
 maintain residence in that school district for a period of 30 
 days prior to voting in a school district election. 

    HIST: 1981 c 29 art 2 s 3; 1986 c 444; 1987 c 266 art 1 s 4; 
 1999 c 132 s 3,4; 1Sp2001 c 10 art 18 s 7