Office of the Revisor of Statutes
SF 3252
1st Engrossment - 84th Legislature (2005 - 2006)
Posted on 12/15/2009 12:00 a.m.
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A bill for an act
relating to elections; facilitating registering to vote and voting; clarifying
documents acceptable to prove residence; making it easier to vote by absentee
ballot; requiring translation of voting materials; providing for notice of
restoration of civil rights and eligibility to vote; requiring voting assistance to
inmates; amending Minnesota Statutes 2004, sections 135A.17, subdivision 2;
201.014, subdivision 2; 201.061, by adding a subdivision; 203B.02, subdivision
1; 203B.06, subdivision 3; 203B.11, subdivision 4; 204B.27, subdivision
11; Minnesota Statutes 2005 Supplement, sections 201.061, subdivision 3;
203B.04, subdivision 1; 203B.11, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapters 243; 609; 641.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 135A.17, subdivision 2, is amended to
read:
Subd. 2.
Residential housing list.
All new text begin public new text end postsecondary institutions deleted text begin that
enroll students accepting state or federal financial aid maydeleted text end new text begin in the state, and all private
postsecondary institutions regulated by chapter 136A or 141, mustnew text end prepare a current list
of students enrolled in the institution and residing in the institution's housing or within
deleted text begin ten miles ofdeleted text end new text begin the county or city where one or more of new text end the institution's deleted text begin campusdeleted text end new text begin campuses
are located. Institutions that do not consider student addresses to be public information
under applicable federal and state privacy laws must make release forms available to all
students authorizing the institution to provide the addresses to the secretary of statenew text end .
The list deleted text begin shall include each student's currentdeleted text end new text begin must be based on the most recent residence
new text end addressnew text begin in this state that the student has provided to the institution. A student may give
the institution a written request to withhold the student's name and address from the
list no later than 45 days before the next state or city general election in the jurisdiction
where the campus is located. The institution must make a request form available to all
studentsnew text end . The list shall be certified and sent to the deleted text begin appropriate county auditor or auditorsdeleted text end new text begin
secretary of state in an electronic format no later than 30 days before every state or city
general election new text end for use in election day registration as provided under section 201.061,
subdivision 3. new text begin The electronic format must be mutually agreed to by the Minnesota State
Colleges and Universities, the University of Minnesota, the Private College Association,
and the secretary of state. At least 14 days before the election, the secretary of state shall
provide the county auditor with a single list for each precinct that includes the names of
all students provided by the postsecondary institutions for that election. The format of
the list provided to the county auditor must be mutually agreed to by the Association of
Minnesota Counties and the secretary of state.
new text end
Sec. 2.
Minnesota Statutes 2005 Supplement, section 201.014, subdivision 2, is
amended to read:
Subd. 2.
Not eligible.
new text begin (a) new text end The following individuals are not eligible to votedeleted text begin . Any
individualdeleted text end :
deleted text begin (a) deleted text end new text begin (1) an individual who is new text end convicted of treason or any felony new text begin and incarcerated for
the offense new text end whose civil rights have not been restored;
deleted text begin (b) deleted text end new text begin (2) an individual who is new text end under a guardianship in which the court revokes the
ward's right to vote; deleted text begin or deleted text end new text begin and
new text end
deleted text begin (c) deleted text end new text begin (3) an individual who is new text end found by a court of law to be legally incompetent.
new text begin
(b) For purposes of this subdivision, an individual convicted of a felony is restored
to civil rights:
new text end
new text begin
(1) after completion of any period of incarceration in a local correctional facility; or
new text end
new text begin
(2) after completion of any period of incarceration in a state correctional facility and
discharge from parole, conditional release, or supervised release.
new text end
Sec. 3.
Minnesota Statutes 2005 Supplement, section 201.061, subdivision 3, is
amended to read:
Subd. 3.
Election day registration.
(a) An individual who is eligible to vote may
register on election day by appearing in person at the polling place for the precinct in
which the individual maintains residence, by completing a registration application, making
an oath in the form prescribed by the secretary of state and providing proof of residence.
An individual may prove residence for purposes of registering by:
(1) presenting a driver's license or Minnesota identification card issued pursuant
to section 171.07;
(2) new text begin presenting a photo identification along with a current utility bill, monthly rental
statement, Social Security statement, or other government document that shows the
individual's name and valid residential address in the precinct;
new text end
new text begin (3) new text end presenting any document approved by the secretary of state as proper
identification;
deleted text begin (3)deleted text end new text begin (4)new text end presenting one of the following:
(i) a current valid student identification card from a postsecondary educational
institution in Minnesota, if a list of students from that institution has been prepared under
section 135A.17 and certified to the county auditor in the manner provided in rules of
the secretary of state; or
(ii) a current student fee statement that contains the student's valid address in the
precinct together with a picture identification card; or
deleted text begin (4)deleted text end new text begin (5)new text end having a voter who is registered to vote in the precinct, or who is an employee
employed by and working in a residential facility in the precinct and vouching for a
resident in the facility, sign an oath in the presence of the election judge vouching that the
voter or employee personally knows that the individual is a resident of the precinct.
new text begin (b) new text end A voter who has been vouched for on election day may not sign a proof of
residence oath vouching for any other individual on that election day. A voter who is
registered to vote in the precinct may sign up to 15 proof-of-residence oaths on any
election day. This limitation does not apply to an employee of a residential facilitydeleted text begin
described in this clausedeleted text end . The secretary of state shall provide a form for election judges to
use in recording the number of individuals for whom a voter signs proof-of-residence oaths
on election day. The form must include space for the maximum number of individuals
for whom a voter may sign proof-of-residence oaths. For each proof-of-residence oath,
the form must include a statement that the voter is registered to vote in the precinct,
personally knows that the individual is a resident of the precinct, and is making the
statement on oath. The form must include a space for the voter's printed name, signature,
telephone number, and address.
The oath required by this subdivision and Minnesota Rules, part 8200.9939, must
be attached to the voter registration application and the information on the oath must be
recorded on the records of both the voter registering on election day and the voter who
is vouching for the person's residence, and entered into the statewide voter registration
system by the county auditor when the voter registration application is entered into that
system.
deleted text begin (b)deleted text end new text begin (c)new text end The operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the residential
facility. The operator shall certify the list and provide it to the appropriate county auditor
no less than 20 days before each election for use in election day registration.
deleted text begin (c)deleted text end new text begin (d)new text end "Residential facility" means transitional housing as defined in section
256E.33, subdivision 1; a supervised living facility licensed by the commissioner of
health under section 144.50, subdivision 6; a nursing home as defined in section 144A.01,
subdivision 5; a residence registered with the commissioner of health as a housing with
services establishment as defined in section 144D.01, subdivision 4; a veterans home
operated by the board of directors of the Minnesota Veterans Homes under chapter 198;
a residence licensed by the commissioner of human services to provide a residential
program as defined in section 245A.02, subdivision 14; a residential facility for persons
with a developmental disability licensed by the commissioner of human services under
section 252.28; group residential housing as defined in section 256I.03, subdivision 3; a
shelter for battered women as defined in section 611A.37, subdivision 4; or a supervised
publicly or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.
deleted text begin (d)deleted text end new text begin (e)new text end For tribal band members, an individual may prove residence for purposes of
registering by presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, address, signature, and picture of the individual.
deleted text begin (e)deleted text end new text begin (f)new text end A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.
Sec. 4.
Minnesota Statutes 2004, section 201.061, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Definitions. new text end
new text begin
The definitions in this subdivision apply to subdivision 3.
new text end
new text begin
(a) "Current" means dated within 30 days before election day or due within 30
days before or after election day.
new text end
new text begin
(b) "Monthly rental statement" means a document issued by a landlord to a
residential tenant showing the monthly rent due from the tenant. The landlord must have
provided a sample to the county auditor at least 20 days before the election.
new text end
new text begin
(c) "Other government document" means a periodic notice related to benefits
from the Minnesota Family Investment Plan, food stamps, general assistance, medical
assistance, general assistance medical care, MinnesotaCare, unemployment benefits,
or Social Security.
new text end
new text begin
(d) "Photo identification" includes any identification that displays the name and
photo of an individual and that was issued anywhere in the United States by a federal,
state, or local government, a tribal government of a tribe recognized by the Bureau of
Indian Affairs, a college or university, or a high school.
new text end
new text begin
(e) "Social Security statement" means a check statement, check stub, or electronic
deposit receipt issued by the Social Security Administration.
new text end
new text begin
(f) "Utility bill" includes a bill for gas, electricity, telephone, wireless telephone,
cable television, satellite television, solid waste, water, or sewer services.
new text end
Sec. 5.
Minnesota Statutes 2004, section 203B.02, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Unable to go to polling placedeleted text end new text begin Eligibility for absentee votingnew text end .
Any
eligible voter deleted text begin who reasonably expects to be unable to go to the polling place on election
day in the precinct where the individual maintains residence because of absence from the
precinct, illness, disability, religious discipline, observance of a religious holiday, or
service as an election judge in another precinctdeleted text end may vote by absentee ballot as provided
in sections 203B.04 to 203B.15.
Sec. 6.
Minnesota Statutes 2005 Supplement, section 203B.04, subdivision 1, is
amended to read:
Subdivision 1.
Application procedures.
Except as otherwise allowed by
subdivision 2, an application for absentee ballots for any election may be submitted at
any time not less than one day before the day of that election. The county auditor shall
prepare absentee ballot application forms in the format provided by the secretary of state,
notwithstanding rules on absentee ballot forms, and shall furnish them to any person on
request. By January 1 of each even-numbered year, the secretary of state shall make the
forms to be used available to auditors through electronic means. new text begin By July 1 each year, the
county auditor shall mail absentee ballot applications to the study-abroad office of each
college or university whose principal administrative offices are located within the county.
new text end
An application submitted pursuant to this subdivision shall be in writing and shall be
submitted to:
deleted text begin (a)deleted text end new text begin (1)new text end the county auditor of the county where the applicant maintains residence; or
deleted text begin (b)deleted text end new text begin (2)new text end the municipal clerk of the municipality, or school district if applicable, where
the applicant maintains residence.
An application shall be approved if it is timely received, signed and dated by the
applicant, contains the applicant's name and residence and mailing addresses, and states
that the applicant is eligible to vote deleted text begin by absentee ballot for one of the reasons specified in
section 203B.02deleted text end . The application may contain a request for the voter's date of birth, which
must not be made available for public inspection. An application may be submitted to
the county auditor or municipal clerk by an electronic facsimile device. An application
mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
by a person other than the voter must be deposited in the mail or returned in person to
the county auditor or municipal clerk within ten days after it has been dated by the voter
and no later than six days before the election. The absentee ballot applications or a list of
persons applying for an absentee ballot may not be made available for public inspection
until the close of voting on election day.
An application under this subdivision may contain an application under subdivision
5 to automatically receive an absentee ballot application.
Sec. 7.
Minnesota Statutes 2004, section 203B.06, subdivision 3, is amended to read:
Subd. 3.
Delivery of ballots.
If an application for absentee ballots is accepted at a
time when absentee ballots are not yet available for distribution, the county auditor, or
municipal clerk accepting the application shall file it and as soon as absentee ballots are
available for distribution shall mail them to the address specified in the application. If
an application for absentee ballots is accepted when absentee ballots are available for
distribution, the county auditor or municipal clerk accepting the application shall promptly:
deleted text begin (a) deleted text end new text begin (1) new text end mail the ballots to the voter whose signature appears on the application if
the application is submitted by mail new text begin and does not request commercial shipping under
clause (2);
new text end
new text begin (2) ship the ballots to the voter using a commercial shipper requested by the voter at
the voter's expensenew text end ;
deleted text begin (b) deleted text end new text begin (3) new text end deliver the absentee ballots directly to the voter if the application is submitted
in person; or
deleted text begin (c) deleted text end new text begin (4) new text end deliver the absentee ballots in a sealed transmittal envelope to an agent who
has been designated to bring the ballots to a voter who is a patient in a health care facilitynew text begin ,
a participant in a residential program for adults, or a resident of a shelter for battered
womennew text end , as provided in section 203B.11, subdivision 4.
If an application does not indicate the election for which absentee ballots are sought,
the county auditor or municipal clerk shall mail or deliver only the ballots for the next
election occurring after receipt of the application. Only one set of ballots may be mailednew text begin ,
shipped, new text end or delivered to an applicant for any election, except as provided in section
203B.13, subdivision 2, or when a replacement ballot has been requested by the voter for a
ballot that has been spoiled or lost in transit.
Sec. 8.
Minnesota Statutes 2005 Supplement, section 203B.11, subdivision 1, is
amended to read:
Subdivision 1.
Generally.
Each full-time municipal clerk or school district clerk
who has authority under section 203B.05 to administer absentee voting laws shall
designate election judges to deliver absentee ballots in accordance with this section. The
county auditor must also designate election judges to perform the duties in this section.
A ballot may be delivered only to an eligible voter who is a temporary or permanent
resident or patient in a health care facility deleted text begin or hospitaldeleted text end new text begin or a resident of a shelter for battered
women as defined in section 611A.37, subdivision 4,new text end located in the municipality in which
the voter maintains residence. The ballots shall be delivered by two election judges, each
of whom is affiliated with a different major political party. When the election judges
deliver or return ballots as provided in this section, they shall travel together in the same
vehicle. Both election judges shall be present when an applicant completes the certificate
of eligibility and marks the absentee ballots, and may assist an applicant as provided in
section 204C.15. The election judges shall deposit the return envelopes containing the
marked absentee ballots in a sealed container and return them to the clerk on the same
day that they are delivered and marked.
Sec. 9.
Minnesota Statutes 2004, section 203B.11, subdivision 4, is amended to read:
Subd. 4.
Agent delivery of ballots.
During the four days preceding an election and
until 2:00 p.m. on election day, an eligible voter who is a patient of a health care facilitynew text begin , a
participant in a residential program for adults licensed under section 245A.02, subdivision
14, or a resident of a shelter for battered women as defined in section 611A.37, subdivision
4,new text end may designate an agent to deliver the ballots to the voter from the county auditor or
municipal clerk. A candidate at the election may not be designated as an agent. The voted
ballots must be returned to the county auditor or municipal clerk no later than 3:00 p.m.
on election day. The voter must complete an affidavit requesting the auditor or clerk to
provide the agent with the ballots in a sealed transmittal envelope. The affidavit must
include a statement from the voter stating that the ballots were delivered to the voter by
the agent in the sealed transmittal envelope. An agent may deliver ballots to no more than
three persons in any election. The secretary of state shall provide samples of the affidavit
and transmission envelope for use by the county auditors.
Sec. 10.
Minnesota Statutes 2004, section 204B.27, subdivision 11, is amended to read:
Subd. 11.
Translation of voting deleted text begin instructionsdeleted text end new text begin materialsnew text end .
The secretary of state
deleted text begin maydeleted text end new text begin shallnew text end develop new text begin voter registration applications, absentee ballot applications, absentee
ballot instructions, and new text end voting instructions in languages other than Englishdeleted text begin , to be posted
and made available in polling places during electionsdeleted text end . The state demographer shall
determine and report to the secretary of state the languages that are so common in this
state that there is a need for translated voting deleted text begin instructions.deleted text end new text begin materials. The secretary of state
shall develop the materials for those languages recommended by the state demographer.
The secretary of state shall publish the translated materials and provide paper copies on
request at no charge. A request for voting materials must be responded to with materials
in the same language as the request, unless the requester requests otherwise. The voting
instructions must include a pictorial representation of a voter completing the voting
process. The secretary of state must create a voting instruction poster that states, in each of
the languages into which materials have been translated: "Voter registration applications
and ballot instructions are available in [list of languages]. Please point to the language
in which you would like to receive the materials." The county auditor must provide at
least one copy of the translated voting instructions and voter registration applications to
be posted as provided in subdivision 3, plus any additional copies the auditor deems
necessary to meet demand for them.
new text end
Sec. 11.
new text begin
[243.205] NOTICE OF RESTORATION OF CIVIL RIGHTS AND
ELIGIBILITY TO VOTE.
new text end
new text begin
The commissioner of corrections must give an offender notice in writing that the
offender is restored to civil rights for purposes of eligibility to vote when the offender has
been released from a state correctional facility and is discharged from parole, conditional
release, or supervised release and must give the offender a voter registration application.
new text end
Sec. 12.
new text begin
[609.169] NOTICE OF RESTORATION OF CIVIL RIGHTS AND
ELIGIBILITY TO VOTE.
new text end
new text begin
When an offender who has been convicted of a felony offense is released from
incarceration in a local correctional facility, the chief executive officer of the facility must
give the offender a notice in writing that the person is restored to civil rights for purposes
of eligibility to vote and must give the offender a voter registration application.
new text end
Sec. 13.
new text begin
[641.45] VOTING ASSISTANCE TO INMATES.
new text end
new text begin
Upon an inmate's admission to a county jail, workhouse, or other correctional
facility under the control of the county, in addition to other information required to be
provided by law or rule, the county sheriff or jailer shall provide to the inmate information
on how to vote. When requested by an inmate, the county sheriff or jailer, in consultation
with the county auditor, shall determine the inmate's eligibility to vote at a municipal,
county, state, or federal election and obtain from the appropriate county auditor an
absentee ballot application and provide it to the inmate requesting it.
new text end
Sec. 14. new text begin EFFECTIVE DATE.
new text end
new text begin
This act is effective the day following final enactment.
new text end