HF 2166
1st Unofficial Engrossment - 88th Legislature (2013 - 2014)
Posted on 05/01/2014 03:59 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to elections; authorizing the use of electronic rosters statewide; making
1.3various technical and conforming changes; amending Minnesota Statutes 2012,
1.4sections 200.02, by adding subdivisions; 201.221, subdivision 3; 204B.14,
1.5subdivision 2; 204C.10; 204C.12, subdivision 4; 211B.11, subdivision 1;
1.6Minnesota Statutes 2013 Supplement, section 204C.14, subdivision 2; proposing
1.7coding for new law in Minnesota Statutes, chapter 201.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9ARTICLE 1
1.10ELECTRONIC ROSTER AUTHORIZATION
1.11 Section 1. new text begin [201.225] ELECTRONIC ROSTER AUTHORIZATION.new text end
1.12 new text begin Subdivision 1.new text end new text begin Authority.new text end new text begin A county, municipality, or school district may use new text end
1.13new text begin electronic rosters for any election. In a county, municipality, or school district that uses new text end
1.14new text begin electronic rosters, the head elections official may designate that some or all of the precincts new text end
1.15new text begin use electronic rosters. An electronic roster must comply with all of the requirements of new text end
1.16new text begin this section. An electronic roster must include information required in section 201.221, new text end
1.17new text begin subdivision 3, and any rules adopted pursuant to that section.new text end
1.18 new text begin Subd. 2.new text end new text begin Technology requirements.new text end new text begin An electronic roster must:new text end
1.19new text begin (1) be able to be loaded with a data file that includes voter registration data in a file new text end
1.20new text begin format prescribed by the secretary of state;new text end
1.21new text begin (2) allow for data to be exported in a file format prescribed by the secretary of state;new text end
1.22new text begin (3) allow for data to be entered manually or by scanning a Minnesota driver's license new text end
1.23new text begin or identification card to locate a voter record or populate a voter registration application new text end
1.24new text begin that would be printed and signed and dated by the voter. The printed registration new text end
2.1new text begin application can be either a printed form, labels printed with voter information to be affixed new text end
2.2new text begin to a preprinted form, or a combination of both;new text end
2.3new text begin (4) allow an election judge to update data that was populated from a scanned driver's new text end
2.4new text begin license or identification card;new text end
2.5new text begin (5) cue an election judge to ask for and input data that is not populated from a new text end
2.6new text begin scanned driver's license or identification card that is otherwise required to be collected new text end
2.7new text begin from the voter or an election judge;new text end
2.8new text begin (6) immediately alert the election judge if the voter has provided information that new text end
2.9new text begin indicates that the voter is not eligible to vote;new text end
2.10new text begin (7) immediately alert the election judge if the electronic roster indicates that a voter new text end
2.11new text begin has already voted in that precinct, the voter's registration status is challenged, or it appears new text end
2.12new text begin the voter resides in a different precinct;new text end
2.13new text begin (8) provide immediate instructions on how to resolve a particular type of challenge new text end
2.14new text begin when a voter's record is challenged;new text end
2.15new text begin (9) provide for a printed voter signature certificate, containing the voter's name, new text end
2.16new text begin address of residence, date of birth, voter identification number, the oath required by new text end
2.17new text begin section 204C.10, and a space for the voter's original signature. The printed voter signature new text end
2.18new text begin certificate can be either a printed form or a label printed with the voter's information new text end
2.19new text begin to be affixed to the oath;new text end
2.20new text begin (10) contain only preregistered voters within the precinct, and not contain new text end
2.21new text begin preregistered voter data on voters registered outside of the precinct;new text end
2.22new text begin (11) be only networked within the polling location on election day, except for the new text end
2.23new text begin purpose of updating absentee ballot records;new text end
2.24new text begin (12) meet minimum security, reliability, and networking standards established by the new text end
2.25new text begin Office of the Secretary of State in consultation with MN.IT;new text end
2.26new text begin (13) be capable of providing a voter's correct polling place; andnew text end
2.27new text begin (14) perform any other functions necessary for the efficient and secure administration new text end
2.28new text begin of the participating election, as determined by the secretary of state.new text end
2.29 new text begin Subd. 3.new text end new text begin Minnesota Election Law; other law.new text end new text begin Unless otherwise provided, the new text end
2.30new text begin provisions of the Minnesota Election Law apply to the use of electronic rosters. Voters new text end
2.31new text begin participating in the safe at home program must be allowed to vote pursuant to section new text end
2.32new text begin 5B.06. Nothing in this section shall be construed to amend absentee voting provisions in new text end
2.33new text begin chapter 203B.new text end
2.34 new text begin Subd. 4.new text end new text begin Election records retention.new text end new text begin All voter signature certificates and voter new text end
2.35new text begin registration applications printed from an electronic roster must be retained pursuant to new text end
2.36new text begin section 204B.40. The electronic rosters must print voter signature certificates and voter new text end
3.1new text begin registration applications on material that will remain legible through the period prescribed new text end
3.2new text begin by section 204B.40. Data on election day registrants and voter history must be uploaded new text end
3.3new text begin to the statewide voter registration system for processing by county auditors.new text end
3.4 new text begin Subd. 5.new text end new text begin Election day.new text end new text begin (a) Precincts may use electronic rosters for election day new text end
3.5new text begin registration, to process preregistered voters, or both. The printed election day registration new text end
3.6new text begin applications must be reviewed when electronic records are processed in the statewide new text end
3.7new text begin voter registration system. Notwithstanding section 204C.20 or 206.86, the election judges new text end
3.8new text begin shall determine the number of ballots to be counted by counting the number of original new text end
3.9new text begin voter signature certificates.new text end
3.10new text begin (b) Each precinct using electronic rosters shall have a paper backup system approved new text end
3.11new text begin by the secretary of state present at the polling place to use in the event that the election new text end
3.12new text begin judges are unable to use the electronic roster.new text end
3.13 new text begin Subd. 6.new text end new text begin Reporting; certification.new text end new text begin (a) A county, municipality, or school district new text end
3.14new text begin that intends to use electronic rosters in an upcoming election must notify the Office new text end
3.15new text begin of the Secretary of State at least 90 days before the first election in which the county, new text end
3.16new text begin municipality, or school district intends to use electronic rosters. The notification must new text end
3.17new text begin specify whether all precincts will use electronic rosters, and if not, specify which precincts new text end
3.18new text begin will be using electronic rosters. The notification is valid for all subsequent elections, new text end
3.19new text begin unless revoked by the county, municipality, or school district. If precincts within a county, new text end
3.20new text begin municipality, or school district that were not included in the initial notification intend to new text end
3.21new text begin use electronic rosters, a new notification must be submitted.new text end
3.22new text begin (b) The county, municipality, or school district that intends to use electronic rosters new text end
3.23new text begin must certify to the Office of the Secretary of State at least 30 days before the election that new text end
3.24new text begin the electronic rosters meet all of the requirements in this section. new text end
3.25 Sec. 2. new text begin EFFECTIVE DATE.new text end
3.26new text begin This article is effective the day following final enactment.new text end
3.27ARTICLE 2
3.28DEFINITIONS AND CONFORMING CHANGES
3.29 Section 1. Minnesota Statutes 2012, section 200.02, is amended by adding a
3.30subdivision to read:
3.31 new text begin Subd. 25.new text end new text begin Polling place roster.new text end new text begin "Polling place roster" or "roster" refers to a roster in new text end
3.32new text begin (1) printed format; or (2) electronic format as permitted by section 201.225. new text end
4.1 Sec. 2. Minnesota Statutes 2012, section 200.02, is amended by adding a subdivision
4.2to read:
4.3 new text begin Subd. 26.new text end new text begin Voter signature certificate.new text end new text begin "Voter signature certificate" means a printed new text end
4.4new text begin form or label generated from an electronic polling place roster that contains the voter's new text end
4.5new text begin name, address of residence, date of birth, voter identification number, the oath required new text end
4.6new text begin by section 204C.10, and a space for the voter's original signature. A voter signature new text end
4.7new text begin certificate is not a "voter certificate" under section 204C.12.new text end
4.8 Sec. 3. Minnesota Statutes 2012, section 201.221, subdivision 3, is amended to read:
4.9 Subd. 3. Procedures for polling place rosters. The secretary of state shall
4.10prescribe the form of new text begin paper new text end polling place rosters that include the voter's name, address,
4.11date of birth, school district number, and space for the voter's signature. new text begin An electronic new text end
4.12new text begin roster and the voter signature certificate together must include the same information as a new text end
4.13new text begin paper polling place roster. new text end The secretary of state may prescribe additional election-related
4.14information to be placed on the polling place rosters on an experimental basis for one state
4.15primary and general election cycle; the same information may not be placed on the polling
4.16place roster for a second state primary and general election cycle unless specified in this
4.17subdivision. The polling place roster must be used to indicate whether the voter has voted
4.18in a given election. The secretary of state shall prescribe procedures for transporting the
4.19polling place rosters to the election judges for use on election day. The secretary of state
4.20shall prescribe the form for a county or municipality to request the date of birth from
4.21currently registered voters. The county or municipality shall not request the date of birth
4.22from currently registered voters by any communication other than the prescribed form and
4.23the form must clearly indicate that a currently registered voter does not lose registration
4.24status by failing to provide the date of birth. In accordance with section
204B.40, the
4.25county auditor shall retain the prescribed polling place rosters used on the date of election
4.26for 22 months following the election.
4.27 Sec. 4. Minnesota Statutes 2012, section 204B.14, subdivision 2, is amended to read:
4.28 Subd. 2. Separate precincts; combined polling place. (a) The following shall
4.29constitute at least one election precinct:
4.30(1) each city ward; and
4.31(2) each town and each statutory city.
4.32(b) A single, accessible, combined polling place may be established no later than
4.33May 1 of any year:
5.1(1) for any city of the third or fourth class, any town, or any city having territory in
5.2more than one county, in which all the voters of the city or town shall cast their ballots;
5.3(2) for contiguous precincts in the same municipality;
5.4(3) for up to four contiguous municipalities located entirely outside the metropolitan
5.5area, as defined by section
200.02, subdivision 24, that are contained in the same county; or
5.6(4) for noncontiguous precincts located in one or more counties.
5.7A copy of the ordinance or resolution establishing a combined polling place must
5.8be filed with the county auditor within 30 days after approval by the governing body. A
5.9polling place combined under clause (3) must be approved by the governing body of each
5.10participating municipality. A polling place combined under clause (4) must be approved
5.11by the governing body of each participating municipality and the secretary of state and
5.12may be located outside any of the noncontiguous precincts. A municipality withdrawing
5.13from participation in a combined polling place must do so by filing a resolution of
5.14withdrawal with the county auditor no later than April 1 of any year.
5.15The secretary of state shall provide a separate polling place roster for each precinct
5.16served by the combined polling placenew text begin , except that in a precinct that uses electronic rosters new text end
5.17new text begin the secretary of state shall provide separate data files for each precinctnew text end . A single set of
5.18election judges may be appointed to serve at a combined polling place. The number of
5.19election judges required must be based on the total number of persons voting at the last
5.20similar election in all precincts to be voting at the combined polling place. Separate ballot
5.21boxes must be provided for the ballots from each precinct. The results of the election must
5.22be reported separately for each precinct served by the combined polling place, except in a
5.23polling place established under clause (2) where one of the precincts has fewer than ten
5.24registered voters, in which case the results of that precinct must be reported in the manner
5.25specified by the secretary of state.
5.26 Sec. 5. Minnesota Statutes 2012, section 204C.10, is amended to read:
5.27204C.10 PERMANENT REGISTRATION; VERIFICATION OF
5.28REGISTRATION.
5.29(a) An individual seeking to vote shall sign a polling place rosternew text begin or voter signature new text end
5.30new text begin certificatenew text end which states that the individual is at least 18 years of age, a citizen of the United
5.31States, has resided in Minnesota for 20 days immediately preceding the election, maintains
5.32residence at the address shown, is not under a guardianship in which the court order revokes
5.33the individual's right to vote, has not been found by a court of law to be legally incompetent
5.34to vote or has the right to vote because, if the individual was convicted of a felony, the
5.35felony sentence has expired or been completed or the individual has been discharged from
6.1the sentence, is registered and has not already voted in the election. The roster must also
6.2state: "I understand that deliberately providing false information is a felony punishable by
6.3not more than five years imprisonment and a fine of not more than $10,000, or both."
6.4(b) A judge may, before the applicant signs the rosternew text begin or voter signature certificatenew text end ,
6.5confirm the applicant's name, address, and date of birth.
6.6(c) After the applicant signs the rosternew text begin or voter signature certificatenew text end , the judge shall
6.7give the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge
6.8in charge of ballots as proof of the voter's right to vote, and thereupon the judge shall
6.9hand to the voter the ballot. The voters' receipts must be maintained during the time for
6.10notice of filing an election contest.
6.11 Sec. 6. Minnesota Statutes 2012, section 204C.12, subdivision 4, is amended to read:
6.12 Subd. 4. Refusal to answer questions or sign a polling place roster. A challenged
6.13individual who refuses to answer questions or sign a polling place rosternew text begin or voter signature new text end
6.14new text begin certificatenew text end as required by this section must not be allowed to vote. A challenged individual
6.15who leaves the polling place and returns later willing to answer questions or sign a polling
6.16place rosternew text begin or voter signature certificatenew text end must not be allowed to vote.
6.17 Sec. 7. Minnesota Statutes 2013 Supplement, section 204C.14, subdivision 2, is
6.18amended to read:
6.19 Subd. 2. Signature on roster as evidence of intent. For purposes of proving a
6.20violation of this section, the signature of an individual on a polling place rosternew text begin or voter new text end
6.21new text begin signature certificatenew text end is prima facie evidence of the intent of the individual to vote at that
6.22election.
6.23 Sec. 8. Minnesota Statutes 2012, section 211B.11, subdivision 1, is amended to read:
6.24 Subdivision 1. Soliciting near polling places. A person may not display campaign
6.25material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
6.26a polling place or within 100 feet of the building in which a polling place is situated,
6.27or anywhere on the public property on which a polling place is situated, on primary or
6.28election day to vote for or refrain from voting for a candidate or ballot question. A person
6.29may not provide political badges, political buttons, or other political insignia to be worn
6.30at or about the polling place on the day of a primary or election. A political badge,
6.31political button, or other political insignia may not be worn at or about the polling place on
6.32primary or election day. This section applies to areas established by the county auditor or
6.33municipal clerk for absentee voting as provided in chapter 203B.
7.1The secretary of state, county auditor, municipal clerk, or school district clerk may
7.2provide stickers which contain the words "I VOTED" and nothing more. Election judges
7.3may offer a sticker of this type to each voter who has signed the polling place rosternew text begin or new text end
7.4new text begin voter signature certificatenew text end .
7.5 Sec. 9. new text begin EFFECTIVE DATE.new text end
7.6new text begin This article is effective the day following final enactment.new text end