SF 232

Introduction - 86th Legislature (2009 - 2010)

Posted on 02/09/2010 02:12 a.m.

A bill for an act
relating to elections; changing certain absentee voting requirements; amending
Minnesota Statutes 2008, sections 201.022, subdivision 1; 203B.02, subdivision
1; 203B.085; proposing coding for new law in Minnesota Statutes, chapter 203B.

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

Section 1.

Minnesota Statutes 2008, section 201.022, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The secretary of state shall maintain a statewide
voter registration system to facilitate voter registration and to provide a central database
containing voter registration information from around the state. The system must be
accessible to the county auditor of each county in the state. The system must also:

(1) provide for voters to submit their voter registration applications to any county
auditor, the secretary of state, or the Department of Public Safety;

(2) provide for the definition, establishment, and maintenance of a central database
for all voter registration information;

(3) provide for entering data into the statewide registration system;

(4) provide for electronic transfer of completed voter registration applications from
the Department of Public Safety to the secretary of state or the county auditor;

(5) assign a unique identifier to each legally registered voter in the state;

(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
state identification number, and last four digits of the Social Security number for each
voter record;

(7) coordinate with other agency databases within the state;

(8) allow county auditors and the secretary of state to add or modify information in
the system to provide for accurate and up-to-date records;

(9) allow county auditors, municipal and school district clerks, and the secretary
of state to have electronic access to the statewide registration system for review and
search capabilities;

(10) provide security and protection of all information in the statewide registration
system and ensure that unauthorized access is not allowed;

(11) provide access to municipal clerks to use the system;

(12) provide a system for each county to identify the precinct to which a voter
should be assigned for voting purposes;

(13) provide daily reports accessible by county auditors on the driver's license
numbers, state identification numbers, or last four digits of the Social Security numbers
submitted on voter registration applications that have been verified as accurate by the
secretary of state; deleted text begin and
deleted text end

(14) provide reports on the number of absentee ballots transmitted to and returned
and cast by voters under section 203B.16 deleted text begin . deleted text end new text begin ; and new text end

new text begin (15) provide rosters, master lists, and other reports necessary for voting in person
prior to election day.
new text end

The appropriate state or local official shall provide security measures to prevent
unauthorized access to the computerized list established under section 201.021.

Sec. 2.

Minnesota Statutes 2008, section 203B.02, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Unable to go to deleted text end new text begin Absence from new text end polling place.

(a) Any eligible voter
who deleted text begin reasonably deleted text end expects to be deleted text begin unable to go to deleted text end new text begin absent from new text end the polling place on election
day in the precinct where the individual maintains residence deleted text begin because of absence from the
precinct; illness, including isolation or quarantine under sections 144.419 to 144.4196
or United States Code, title 42, sections 264 to 272; disability; religious discipline;
observance of a religious holiday; or service as an election judge in another precinct deleted text end may
vote deleted text begin by absentee ballot deleted text end new text begin in person at any location where absentee ballots may be cast as
provided in sections 203B.081, 203B.085, and 203B.086, during the eight days preceding
any election. This subdivision does not apply to a special election to fill a vacancy in
office pursuant to sections 204D.17 to 204D.27 not held concurrently with a state primary
or general election new text end as provided in sections 203B.04 to 203B.15.

(b) If the governor has declared an emergency and filed the declaration with the
secretary of state under section 12.31, and the declaration states that the emergency has
made it difficult for voters to go to the polling place on election day, any voter in a precinct
covered by the declaration new text begin and any eligible voter 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 precinct new text end may
vote by absentee ballot new text begin in person or by mail during the 30 days preceding an election new text end as
provided in sections 203B.04 to 203B.15.

Sec. 3.

Minnesota Statutes 2008, section 203B.085, is amended to read:

203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO
REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.

The county auditor's office in each county and the clerk's office in each city or
town authorized under section 203B.05 to administer absentee balloting must be open for
acceptance of absentee ballot applications and casting of absentee ballots from 10:00 a.m.
to 3:00 p.m. on Saturday and until deleted text begin 5:00 p.m. deleted text end new text begin 12:00 noon new text end on the day immediately preceding
a primary, special, or general election unless that day falls on a Saturday or Sunday. Town
clerks' offices must be open for absentee voting from 10:00 a.m. to 12:00 noon on the
Saturday before a town general election held in March. The school district clerk, when
performing the county auditor's election duties, need not comply with this section.

Sec. 4.

new text begin [203B.086] PROCEDURES FOR ABSENTEE VOTING IN PERSON.
new text end

new text begin Subdivision 1. new text end

new text begin Voting procedure. new text end

new text begin Voters must sign a roster of absentee voters that
must include the certification provided in section 204C.10. Persons who are not registered
to vote must register in the manner provided in section 201.061, subdivision 3. After the
roster has been signed, the appropriate ballot for the voter's precinct, initialed by two
election judges, must be provided to the voter. The ballot must be marked by the voter
and deposited in either a precinct voting system or in a sealed ballot box. A voter may
not leave the polling place with the ballot.
new text end

new text begin Subd. 2. new text end

new text begin Record of voting. new text end

new text begin The county auditor shall provide the municipal clerks
with the names of persons who have signed the roster of absentee voters, which must be
marked no later than 7:00 a.m. on election day to indicate the voters who have cast an
absentee ballot in person. The rosters may be marked either by the municipal clerk prior
to election day or by the election judges on election day. A voter who has cast an absentee
ballot in person and deposited it in a ballot box or ballot counter must not be permitted to
vote at the polling place on election day. An absentee ballot received by mail from a voter
who has cast an absentee ballot in person must be rejected by the election judges.
new text end

new text begin Subd. 3. new text end

new text begin Counting and compiling votes. new text end

new text begin Prior to election day, the county auditor
shall remove the voted ballots from the ballot box or precinct voting system, sort the
ballots by precinct, and enclose them in a sealed envelope or container. If the ballots have
not been counted, they must be delivered either to the election judges at the appropriate
polling place or to the counting center prior to the close of voting on election day. Ballots
that have been counted must be securely stored by the county auditor or municipal clerk
with the balance of the ballots from each respective precinct and the vote totals from these
ballots must be added to the results from the polling place.
new text end

new text begin No vote totals from in-person absentee voting may be made public until the close
of voting on election day.
new text end