1.1 	A bill for an act
1.2 	relating to elections; facilitating registering to vote and voting; clarifying 
1.3 	documents acceptable to prove residence; making it easier to vote by absentee 
1.4 	ballot; requiring translation of voting materials; providing for notice of 
1.5 	restoration of civil rights and eligibility to vote; requiring voting assistance to 
1.6 	inmates;amending Minnesota Statutes 2004, sections 135A.17, subdivision 2; 
1.7 	201.014, subdivision 2; 201.061, by adding a subdivision; 203B.02, subdivision 
1.8 	1; 203B.06, subdivision 3; 203B.11, subdivision 4; 204B.27, subdivision 
1.9 	11; Minnesota Statutes 2005 Supplement, sections 201.061, subdivision 3; 
1.10 	203B.04, subdivision 1; 203B.11, subdivision 1; proposing coding for new law 
1.11 	in Minnesota Statutes, chapters 243; 609; 641.
1.12 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13 	Section 1. Minnesota Statutes 2004, section 135A.17, subdivision 2, is amended to 
1.14 	read:
1.15 		Subd. 2.Residential housing list. All public postsecondary institutions that 
1.16 	enroll students accepting state or federal financial aid may in the state, and all private 
1.17 	postsecondary institutions regulated by chapter 136A or 141, must prepare a current list 
1.18 	of students enrolled in the institution and residing in the institution's housing or within 
1.19 	ten miles of the county or city where one or more of  the institution's campus campuses 
1.20 	are located. Institutions that do not consider student addresses to be public information 
1.21 	under applicable federal and state privacy laws must make release forms available to all 
1.22 	students authorizing the institution to provide the addresses to the secretary of state. 
1.23 	The list shall include each student's current must be based on the most recent residence 
1.24 	 address in this state that the student has provided to the institution. A student may give 
1.25 	the institution a written request to withhold the student's name and address from the 
1.26 	list no later than 45 days before the next state or city general election in the jurisdiction 
1.27 	where the campus is located. The institution must make a request form available to all 
2.1 	students. The list shall be certified and sent to the appropriate county auditor or auditors
2.2 	secretary of state in an electronic format no later than 30 days before every state or city 
2.3 	general election  for use in election day registration as provided under section  201.061, 
2.4 	subdivision 3. The electronic format must be mutually agreed to by the Minnesota State 
2.5 	Colleges and Universities, the University of Minnesota, the Private College Association, 
2.6 	and the secretary of state. At least 14 days before the election, the secretary of state shall 
2.7 	provide the county auditor with a single list for each precinct that includes the names of 
2.8 	all students provided by the postsecondary institutions for that election. The format of 
2.9 	the list provided to the county auditor must be mutually agreed to by the Association of 
2.10 	Minnesota Counties and the secretary of state.

2.11 	Sec. 2. Minnesota Statutes 2005 Supplement, section 201.014, subdivision 2, is 
2.12 	amended to read:
2.13 		Subd. 2.Not eligible. (a) The following individuals are not eligible to vote.  Any 
2.14 	individual:
2.15 	(a) (1) an individual who is convicted of treason or any felony and incarcerated for 
2.16 	the offense whose civil rights have not been restored;
2.17 	(b) (2) an individual who is under a guardianship in which the court revokes the 
2.18 	ward's right to vote; or and 
2.19 	(c) (3) an individual who is found by a court of law to be legally incompetent.
2.20 	(b) For purposes of this subdivision, an individual convicted of a felony is restored 
2.21 	to civil rights:
2.22 	(1) after completion of any period of incarceration in a local correctional facility; or
2.23 	(2) after completion of any period of incarceration in a state correctional facility and 
2.24 	discharge from parole, conditional release, or supervised release.

2.25 	Sec. 3. Minnesota Statutes 2005 Supplement, section 201.061, subdivision 3, is 
2.26 	amended to read:
2.27 		Subd. 3.Election day registration. (a) An individual who is eligible to vote may 
2.28 	register on election day by appearing in person at the polling place for the precinct in 
2.29 	which the individual maintains residence, by completing a registration application, making 
2.30 	an oath in the form prescribed by the secretary of state and providing proof of residence. 
2.31 	An individual may prove residence for purposes of registering by:
2.32 	(1) presenting a driver's license or Minnesota identification card issued pursuant 
2.33 	to section 171.07;
3.1 	(2) presenting a photo identification along with a current utility bill, monthly rental 
3.2 	statement, Social Security statement, or other government document that shows the 
3.3 	individual's name and valid residential address in the precinct;
3.4 	(3) presenting any document approved by the secretary of state as proper 
3.5 	identification;
3.6 	(3) (4) presenting one of the following:
3.7 	(i) a current valid student identification card from a postsecondary educational 
3.8 	institution in Minnesota, if a list of students from that institution has been prepared under 
3.9 	section 135A.17 and certified to the county auditor in the manner provided in rules of 
3.10 	the secretary of state; or
3.11 	(ii) a current student fee statement that contains the student's valid address in the 
3.12 	precinct together with a picture identification card; or
3.13 	(4) (5) having a voter who is registered to vote in the precinct, or who is an employee 
3.14 	employed by and working in a residential facility in the precinct and vouching for a 
3.15 	resident in the facility, sign an oath in the presence of the election judge vouching that the 
3.16 	voter or employee personally knows that the individual is a resident of the precinct. 
3.17 	(b) A voter who has been vouched for on election day may not sign a proof of 
3.18 	residence oath vouching for any other individual on that election day. A voter who is 
3.19 	registered to vote in the precinct may sign up to 15 proof-of-residence oaths on any 
3.20 	election day. This limitation does not apply to an employee of a residential facility
3.21 	described in this clause. The secretary of state shall provide a form for election judges to 
3.22 	use in recording the number of individuals for whom a voter signs proof-of-residence oaths 
3.23 	on election day. The form must include space for the maximum number of individuals 
3.24 	for whom a voter may sign proof-of-residence oaths. For each proof-of-residence oath, 
3.25 	the form must include a statement that the voter is registered to vote in the precinct, 
3.26 	personally knows that the individual is a resident of the precinct, and is making the 
3.27 	statement on oath. The form must include a space for the voter's printed name, signature, 
3.28 	telephone number, and address.
3.29 	The oath required by this subdivision and Minnesota Rules, part 8200.9939, must 
3.30 	be attached to the voter registration application and the information on the oath must be 
3.31 	recorded on the records of both the voter registering on election day and the voter who 
3.32 	is vouching for the person's residence, and entered into the statewide voter registration 
3.33 	system by the county auditor when the voter registration application is entered into that 
3.34 	system.
3.35 	(b) (c) The operator of a residential facility shall prepare a list of the names of its 
3.36 	employees currently working in the residential facility and the address of the residential 
4.1 	facility. The operator shall certify the list and provide it to the appropriate county auditor 
4.2 	no less than 20 days before each election for use in election day registration.
4.3 	(c) (d) "Residential facility" means transitional housing as defined in section 
4.4 	256E.33, subdivision 1; a supervised living facility licensed by the commissioner of 
4.5 	health under section 144.50, subdivision 6; a nursing home as defined in section 144A.01, 
4.6 	subdivision 5; a residence registered with the commissioner of health as a housing with 
4.7 	services establishment as defined in section 144D.01, subdivision 4; a veterans home 
4.8 	operated by the board of directors of the Minnesota Veterans Homes under chapter 198; 
4.9 	a residence licensed by the commissioner of human services to provide a residential 
4.10 	program as defined in section 245A.02, subdivision 14; a residential facility for persons 
4.11 	with a developmental disability licensed by the commissioner of human services under 
4.12 	section 252.28; group residential housing as defined in section 256I.03, subdivision 3; a 
4.13 	shelter for battered women as defined in section 611A.37, subdivision 4; or a supervised 
4.14 	publicly or privately operated shelter or dwelling designed to provide temporary living 
4.15 	accommodations for the homeless.
4.16 	(d) (e) For tribal band members, an individual may prove residence for purposes of 
4.17 	registering by presenting an identification card issued by the tribal government of a tribe 
4.18 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
4.19 	contains the name, address, signature, and picture of the individual.
4.20 	(e) (f) A county, school district, or municipality may require that an election judge 
4.21 	responsible for election day registration initial each completed registration application.

4.22 	Sec. 4. Minnesota Statutes 2004, section 201.061, is amended by adding a subdivision 
4.23 	to read:
4.24 		Subd. 3a.Definitions. The definitions in this subdivision apply to subdivision 3.
4.25 	(a) "Current" means dated within 30 days before election day or due within 30 
4.26 	days before or after election day.
4.27 	(b) "Monthly rental statement" means a document issued by a landlord to a 
4.28 	residential tenant showing the monthly rent due from the tenant. The landlord must have 
4.29 	provided a sample to the county auditor at least 20 days before the election.
4.30 	(c) "Other government document" means a periodic notice related to benefits 
4.31 	from the Minnesota Family Investment Plan, food stamps, general assistance, medical 
4.32 	assistance, general assistance medical care, MinnesotaCare, unemployment benefits, 
4.33 	or Social Security.
4.34 	(d) "Photo identification" includes any identification that displays the name and 
4.35 	photo of an individual and that was issued anywhere in the United States by a federal, 
5.1 	state, or local government, a tribal government of a tribe recognized by the Bureau of 
5.2 	Indian Affairs, a college or university, or a high school.
5.3 	(e) "Social Security statement" means a check statement, check stub, or electronic 
5.4 	deposit receipt issued by the Social Security Administration.
5.5 	(f) "Utility bill" includes a bill for gas, electricity, telephone, wireless telephone, 
5.6 	cable television, satellite television, solid waste, water, or sewer services. 

5.7 	Sec. 5. Minnesota Statutes 2004, section 203B.02, subdivision 1, is amended to read:
5.8 		Subdivision 1.Unable to go to polling place Eligibility for absentee voting. Any 
5.9 	eligible voter who reasonably expects to be unable to go to the polling place on election 
5.10 	day in the precinct where the individual maintains residence because of absence from the 
5.11 	precinct, illness, disability, religious discipline, observance of a religious holiday, or 
5.12 	service as an election judge in another precinct may vote by absentee ballot as provided 
5.13 	in sections  203B.04 to  203B.15. 

5.14 	Sec. 6. Minnesota Statutes 2005 Supplement, section 203B.04, subdivision 1, is 
5.15 	amended to read:
5.16 		Subdivision 1.Application procedures. Except as otherwise allowed by 
5.17 	subdivision 2, an application for absentee ballots for any election may be submitted at 
5.18 	any time not less than one day before the day of that election. The county auditor shall 
5.19 	prepare absentee ballot application forms in the format provided by the secretary of state, 
5.20 	notwithstanding rules on absentee ballot forms, and shall furnish them to any person on 
5.21 	request. By January 1 of each even-numbered year, the secretary of state shall make the 
5.22 	forms to be used available to auditors through electronic means. By July 1 each year, the 
5.23 	county auditor shall mail absentee ballot applications to the study-abroad office of each 
5.24 	college or university whose principal administrative offices are located within the county.
5.25 	An application submitted pursuant to this subdivision shall be in writing and shall be 
5.26 	submitted to:
5.27 	(a) (1) the county auditor of the county where the applicant maintains residence; or
5.28 	(b) (2) the municipal clerk of the municipality, or school district if applicable, where 
5.29 	the applicant maintains residence.
5.30 	An application shall be approved if it is timely received, signed and dated by the 
5.31 	applicant, contains the applicant's name and residence and mailing addresses, and states 
5.32 	that the applicant is eligible to vote by absentee ballot for one of the reasons specified in 
5.33 	section 203B.02. The application may contain a request for the voter's date of birth, which 
5.34 	must not be made available for public inspection. An application may be submitted to 
6.1 	the county auditor or municipal clerk by an electronic facsimile device. An application 
6.2 	mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 
6.3 	by a person other than the voter must be deposited in the mail or returned in person to 
6.4 	the county auditor or municipal clerk within ten days after it has been dated by the voter 
6.5 	and no later than six days before the election. The absentee ballot applications or a list of 
6.6 	persons applying for an absentee ballot may not be made available for public inspection 
6.7 	until the close of voting on election day.
6.8 	An application under this subdivision may contain an application under subdivision 
6.9 	5 to automatically receive an absentee ballot application.

6.10 	Sec. 7. Minnesota Statutes 2004, section 203B.06, subdivision 3, is amended to read:
6.11 		 Subd. 3.Delivery of ballots.  If an application for absentee ballots is accepted at a 
6.12 	time when absentee ballots are not yet available for distribution, the county auditor, or 
6.13 	municipal clerk accepting the application shall file it and as soon as absentee ballots are 
6.14 	available for distribution shall mail them to the address specified in the application.  If 
6.15 	an application for absentee ballots is accepted when absentee ballots are available for 
6.16 	distribution, the county auditor or municipal clerk accepting the application shall promptly:
6.17 	(a) (1) mail the ballots to the voter whose signature appears on the application if 
6.18 	the application is submitted by mail and does not request commercial shipping under 
6.19 	clause (2); 
6.20 	(2) ship the ballots to the voter using a commercial shipper requested by the voter at 
6.21 	the voter's expense;
6.22 	(b) (3) deliver the absentee ballots directly to the voter if the application is submitted 
6.23 	in person; or
6.24 	(c) (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who 
6.25 	has been designated to bring the ballots to a voter who is a patient in a health care facility, 
6.26 	a participant in a residential program for adults, or a resident of a shelter for battered 
6.27 	women, as provided in section 203B.11, subdivision 4.
6.28 	 If an application does not indicate the election for which absentee ballots are sought, 
6.29 	the county auditor or municipal clerk shall mail or deliver only the ballots for the next 
6.30 	election occurring after receipt of the application.  Only one set of ballots may be mailed, 
6.31 	shipped, or delivered to an applicant for any election, except as provided in section 
6.32 	203B.13, subdivision 2, or when a replacement ballot has been requested by the voter for a 
6.33 	ballot that has been spoiled or lost in transit.

7.1 	Sec. 8. Minnesota Statutes 2005 Supplement, section 203B.11, subdivision 1, is 
7.2 	amended to read:
7.3 		Subdivision 1.Generally. Each full-time municipal clerk or school district clerk 
7.4 	who has authority under section 203B.05 to administer absentee voting laws shall 
7.5 	designate election judges to deliver absentee ballots in accordance with this section. The 
7.6 	county auditor must also designate election judges to perform the duties in this section. 
7.7 	A ballot may be delivered only to an eligible voter who is a temporary or permanent 
7.8 	resident or patient in a health care facility or hospital or a resident of a shelter for battered 
7.9 	women as defined in section 611A.37, subdivision 4, located in the municipality in which 
7.10 	the voter maintains residence. The ballots shall be delivered by two election judges, each 
7.11 	of whom is affiliated with a different major political party. When the election judges 
7.12 	deliver or return ballots as provided in this section, they shall travel together in the same 
7.13 	vehicle. Both election judges shall be present when an applicant completes the certificate 
7.14 	of eligibility and marks the absentee ballots, and may assist an applicant as provided in 
7.15 	section 204C.15. The election judges shall deposit the return envelopes containing the 
7.16 	marked absentee ballots in a sealed container and return them to the clerk on the same 
7.17 	day that they are delivered and marked.

7.18 	Sec. 9. Minnesota Statutes 2004, section 203B.11, subdivision 4, is amended to read:
7.19 		 Subd. 4.Agent delivery of ballots.  During the four days preceding an election and 
7.20 	until 2:00 p.m. on election day, an eligible voter who is a patient of a health care facility, a 
7.21 	participant in a residential program for adults licensed under section 245A.02, subdivision 
7.22 	14, or a resident of a shelter for battered women as defined in section 611A.37, subdivision 
7.23 	4, may designate an agent to deliver the ballots to the voter from the county auditor or 
7.24 	municipal clerk.  A candidate at the election may not be designated as an agent.  The voted 
7.25 	ballots must be returned to the county auditor or municipal clerk no later than 3:00 p.m. 
7.26 	on election day.  The voter must complete an affidavit requesting the auditor or clerk to 
7.27 	provide the agent with the ballots in a sealed transmittal envelope.  The affidavit must 
7.28 	include a statement from the voter stating that the ballots were delivered to the voter by 
7.29 	the agent in the sealed transmittal envelope.  An agent may deliver ballots to no more than 
7.30 	three persons in any election.  The secretary of state shall provide samples of the affidavit 
7.31 	and transmission envelope for use by the county auditors. 

7.32 	Sec. 10. Minnesota Statutes 2004, section 204B.27, subdivision 11, is amended to read:
7.33 		Subd. 11.Translation of voting instructions materials. The secretary of state 
7.34 	may shall develop voter registration applications, absentee ballot applications, absentee 
8.1 	ballot instructions, and voting instructions in languages other than English, to be posted 
8.2 	and made available in polling places during elections. The state demographer shall 
8.3 	determine and report to the secretary of state the languages that are so common in this 
8.4 	state that there is a need for translated voting instructions. materials. The secretary of state 
8.5 	shall develop the materials for those languages recommended by the state demographer. 
8.6 	The secretary of state shall publish the translated materials and provide paper copies on 
8.7 	request at no charge.  A request for voting materials must be responded to with materials 
8.8 	in the same language as the request, unless the requester requests otherwise. The voting 
8.9 	instructions must include a pictorial representation of a voter completing the voting 
8.10 	process.  The secretary of state must create a voting instruction poster that states, in each of 
8.11 	the languages into which materials have been translated: "Voter registration applications 
8.12 	and ballot instructions are available in [list of languages]. Please point to the language 
8.13 	in which you would like to receive the materials." The county auditor must provide at 
8.14 	least one copy of the translated voting instructions and voter registration applications to 
8.15 	be posted as provided in subdivision 3, plus any additional copies the auditor deems 
8.16 	necessary to meet demand for them.

8.17 	Sec. 11. [243.205] NOTICE OF RESTORATION OF CIVIL RIGHTS AND 
8.18 	ELIGIBILITY TO VOTE.
8.19 	The commissioner of corrections must give an offender notice in writing that the 
8.20 	offender is restored to civil rights for purposes of eligibility to vote  when the offender has 
8.21 	been released from a state correctional facility and is discharged from parole, conditional 
8.22 	release, or supervised release and must give the offender a voter registration application.

8.23 	Sec. 12. [609.169] NOTICE OF RESTORATION OF CIVIL RIGHTS AND 
8.24 	ELIGIBILITY TO VOTE.
8.25 	When an offender who has been convicted of a felony offense is released from 
8.26 	incarceration in a local correctional facility, the chief executive officer of the facility must 
8.27 	give the offender a notice in writing that the person is restored to civil rights for purposes 
8.28 	of eligibility to vote and must give the offender a voter registration application.

8.29 	Sec. 13. [641.45] VOTING ASSISTANCE TO INMATES.
8.30 	Upon an inmate's admission to a county jail, workhouse, or other correctional 
8.31 	facility under the control of the county, in addition to other information required to be 
8.32 	provided by law or rule, the county sheriff or jailer shall provide to the inmate information 
8.33 	on how to vote. When requested by an inmate, the county sheriff or jailer, in consultation 
9.1 	with the county auditor, shall determine the inmate's eligibility to vote at a municipal, 
9.2 	county, state, or federal election and obtain from the appropriate county auditor an 
9.3 	absentee ballot application and provide it to the inmate requesting it.

9.4 	Sec. 14. EFFECTIVE DATE.
 9.5 	This act is effective the day following final enactment.