HF 67

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/17/2025 06:35 p.m.

A bill for an act
relating to elections; repealing automatic voter registration; making conforming
changes; amending Minnesota Statutes 2024, sections 171.06, subdivision 3;
201.061, subdivision 1b; 201.161, subdivision 3; 201.162; repealing Minnesota
Statutes 2024, sections 13.607, subdivision 9; 201.161, subdivisions 1, 2, 4, 5, 6,
7, 8.

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

Section 1.

Minnesota Statutes 2024, section 171.06, subdivision 3, is amended to read:

Subd. 3.

Contents of application; other information.

(a) An application must:

(1) state the full name, date of birth, sex, and either (i) the residence address of the
applicant, or (ii) designated address under section 5B.05;

(2) contain a description of the applicant, including the applicant's height in feet and
inches, weight in pounds, eye color, and sex; the applicant's driving privileges; and the
applicant's ability to operate a motor vehicle with safety;

(3) state:

(i) the applicant's Social Security number; or

(ii) if the applicant does not have a Social Security number and is applying for a
Minnesota identification card, instruction permit, or class D provisional or driver's license,
that the applicant elects not to specify a Social Security number;

(4) contain a notification to the applicant of the availability of a living will/health care
directive designation on the license under section 171.07, subdivision 7; new text begin and
new text end

(5) include a method for the applicant to:

(i) request a veteran designation on the license under section 171.07, subdivision 15,
and the driving record under section 171.12, subdivision 5a;

(ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e);

(iii) as applicable, designate document retention as provided under section 171.12,
subdivision 3c;

(iv) indicate emergency contacts as provided under section 171.12, subdivision 5b;

(v) indicate the applicant's race and ethnicity;

(vi) indicate caretaker information as provided under section 171.12, subdivision 5c;
and

(vii) indicate a temporary mailing address separate from the applicant's residence address
listed on the identification card or license deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (6) meet the requirements under section 201.161, subdivision 3.
deleted text end

(b) Applications must be accompanied by satisfactory evidence demonstrating:

(1) identity, date of birth, and any legal name change if applicable; and

(2) for drivers' licenses and Minnesota identification cards that meet all requirements of
the REAL ID Act:

(i) principal residence address in Minnesota, including application for a change of address,
unless the applicant provides a designated address under section 5B.05;

(ii) Social Security number, or related documentation as applicable; and

(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.

(c) An application for an enhanced driver's license or enhanced identification card must
be accompanied by:

(1) satisfactory evidence demonstrating the applicant's full legal name and United States
citizenship; and

(2) a photographic identity document.

(d) An application form must not provide for identification of (1) the accompanying
documents used by an applicant to demonstrate identity, or (2) except as provided in
paragraphs (b) and (c), the applicant's citizenship, immigration status, or lawful presence
in the United States. The commissioner and a driver's license agent must not inquire about
an applicant's citizenship, immigration status, or lawful presence in the United States, except
as provided in paragraphs (b) and (c).

(e) A Minnesota driver's license or identification card must be issued only to an individual
who has a residence address in the state at the time of the application. Applications for an
enhanced driver's license or enhanced identification card must include proof of residency
in accordance with section 171.063, subdivision 6. An individual may only have one
residence address where the individual is domiciled at any particular time. The residence
address of the individual is presumed to continue until the contrary is shown. The applicant
must provide the following information about the residence address: residence number,
street name, street type, directional, city or town, state, and zip code.

(f) If an applicant designates a temporary mailing address under paragraph (a), clause
(5), item (vii), the commissioner must use the temporary mailing address in lieu of the
applicant's residence address for delivery of the driver's license or identification card. The
commissioner must send all other correspondence to the applicant's residence address.
Nothing in this paragraph or paragraph (a), clause (5), item (vii), may be construed to modify
or remove proof of residency requirements at the time of application for an initial driver's
permit, driver's license, or identification card.

Sec. 2.

Minnesota Statutes 2024, section 201.061, subdivision 1b, is amended to read:

Subd. 1b.

Preregistration.

An individual who is under the age of 18, but who is at least
16 years of age and meets all requirements for eligibility in section 201.014, except for age,
may submit a voter registration application deleted text begin or be automatically registered under section
201.161 deleted text end at the address in which the voter maintains residence pursuant to subdivision 1.
Nothing in this section shall be construed to entitle an individual to appear on a polling
place roster or cast a ballot at an election if the individual does not meet all eligibility
requirements for voting, including age.

Sec. 3.

Minnesota Statutes 2024, section 201.161, subdivision 3, is amended to read:

Subd. 3.

Department of Public Safety.

deleted text begin (a) deleted text end The commissioner of public safety, in
consultation with the secretary of state, must change the applications for an original,
duplicate, or change of address driver's license or identification card so that deleted text begin any forms where
applicants may provide documentation of United States citizenship contain spaces for all
information required to register to vote, as prescribed by the secretary of state. Unless the
applicant has provided an address other than the applicant's address of residence under
section 171.12, subdivision 7, paragraph (d), the commissioner must transmit the information
daily deleted text end new text begin the forms may also serve as voter registration applications. The forms must contain
spaces for all information collected by voter registration applications prescribed by the
secretary of state. Applicants for driver's licenses or identification cards must be asked if
they want to register to vote at the same time and that information must be transmitted at
least weekly new text end by electronic means to the secretary of state. Pursuant to the Help America
Vote Act of 2002, Public Law 107-252, the computerized driver's license record containing
the voter's name, address, date of birth, deleted text begin citizenship, deleted text end driver's license number or state
identification number, county, and city or town must be made available for access by the
secretary of state and interaction with the statewide voter registration system. deleted text begin The
commissioner must submit data to the secretary of state identifying the total number of
individuals that completed qualifying transactions under this section and the total number
of individuals whose records were ultimately transferred for registration. At a minimum,
the commissioner must submit the data to the secretary of state on the same day each month.
The secretary of state must publish a monthly report of this data.
deleted text end

deleted text begin (b) An applicant's information must not be transmitted to the secretary of state under
this section unless the applicant provides documentation of United States citizenship or
records maintained by the Department of Public Safety indicate that the applicant provided
documentation demonstrating United States citizenship as part of a previous license or
identification card transaction. If the applicant does not provide or has not previously
provided documentation of United States citizenship, the commissioner must provide
information during the transaction regarding voter registration and eligibility criteria. If the
applicant provides documentation during the transaction indicating that the applicant is not
a United States citizen, the applicant's information must not be transmitted to the secretary
of state and the applicant must not be offered a voter registration opportunity.
deleted text end

deleted text begin (c) No applicant may be registered to vote under this subdivision until:
deleted text end

deleted text begin (1) the commissioner of public safety has certified that the department's systems have
been tested and can accurately provide the required data and accurately exclude from
transmission data on individuals who have not provided documentary evidence of United
States citizenship; and
deleted text end

deleted text begin (2) the secretary of state has certified that the system for automatic registration of those
applicants has been tested and is capable of properly determining whether an applicant is
eligible to submit a voter registration application.
deleted text end

deleted text begin The department's systems must be tested and accurately provide the necessary data no later
than December 1, 2023.
deleted text end

deleted text begin (d) For purposes of this section, "driver's license" includes any instruction permit,
provisional license, limited license, restricted license, or operator's permit issuable by the
commissioner of public safety under chapter 171.
deleted text end

Sec. 4.

Minnesota Statutes 2024, section 201.162, is amended to read:

201.162 DUTIES OF STATE AGENCIES.

The commissioner or chief administrative officer of each state agency or
community-based public agency or nonprofit corporation that contracts with the state agency
to carry out obligations of the state agency shall provide voter registration services for
employees and the public deleted text begin , including, as applicable, automatic voter registration or information
on voter eligibility and registration procedures as required under section 201.161 deleted text end . A person
may complete a voter registration application or apply to change a voter registration name
or address if the person has the proper qualifications on the date of application. Nonpartisan
voter registration assistance, including routinely asking members of the public served by
the agency whether they would like to register to vote and, if necessary, assisting them in
preparing the registration forms must be part of the job of appropriate agency employees.

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, sections 13.607, subdivision 9; and 201.161, subdivisions 1,
2, 4, 5, 6, 7, and 8, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 25-01974

13.607 CAMPAIGN FINANCE, PUBLIC DISCLOSURE, AND ELECTION DATA CODED ELSEWHERE.

Subd. 9.

Ineligible voter data.

Any data transferred to the secretary of state regarding applicants who are determined ineligible to register to vote is governed by section 201.161.

201.161 AUTOMATIC VOTER REGISTRATION.

Subdivision 1.

Automatic registration.

(a) Except as otherwise provided in this section, an individual must be registered to vote if the individual is eligible to vote under section 201.014 and properly completes and submits one of the following applications, if the application includes documentation or verification of United States citizenship or records reflect that the applicant provided proof of citizenship during a previous agency transaction:

(1) an application for a new or renewed Minnesota driver's license or identification card;

(2) an initial or renewal application for MinnesotaCare under chapter 256L or medical assistance under chapter 256B; or

(3) an application for benefits or services to a state agency participating under subdivision 5.

(b) If a registered voter supplies a different name or address as part of an application under this subdivision from the name and address in the voter registration record, the registrant's voter registration record must be updated to reflect the name or address information provided.

Subd. 2.

Option to decline.

Upon receipt of the registration information, the county auditor must queue for mailing in the statewide voter registration system a notice to the individual that provides an opportunity to decline the registration. The secretary of state must promptly mail all notices queued in the statewide voter registration system. An individual must not be registered if the individual declines to be registered within 20 days of the date of the mailing of the notice under this section. An otherwise eligible individual who declines to register must be offered a new registration opportunity with each qualifying application submitted under subdivision 1. The notice must be drafted to ensure maximum language access consistent with maintaining readability, and at a minimum must identify a website where the materials are made available in the ten most common languages for which translation is needed by voters.

Subd. 4.

Department of Human Services.

(a) If permitted by the federal government, the commissioner of human services, in consultation with the secretary of state, must ensure the applications described in subdivision 1, paragraph (a), clause (2), also serve as voter registration applications for applicants 18 years of age or older whose United States citizenship has been verified as part of the application. The commissioner must transmit information required to register to vote, as prescribed by the secretary of state, daily by electronic means to the secretary of state for an individual whose United States citizenship has been verified. The commissioner must submit data to the secretary of state identifying the total number of individuals who completed qualifying transactions under this section and the total number of individuals whose records were ultimately transferred for registration. At a minimum, the commissioner must submit the data to the secretary of state on the same day each month.

(b) No applicant may be registered to vote under this subdivision until (1) the commissioner of human services has certified that the department's systems have been tested and can accurately provide the required data and accurately exclude from transmission data on individuals who have not provided documentary evidence of United States citizenship, and (2) the secretary of state has certified that the system for automatic registration of those applicants has been tested and is capable of properly determining whether an applicant is eligible to vote. The department's systems must be tested and accurately provide the necessary data no later than September 30 of the year following the year in which federal approval or permission is given, contingent on appropriations being available for this purpose.

Subd. 5.

Other agencies and units of government.

(a) The commissioner of management and budget must, in consultation with the secretary of state, identify any other state agency that is eligible to implement automatic voter registration. The commissioner must consider a state agency eligible if the agency collects, processes, or stores the following information as part of providing assistance or services: name, residential address, date of birth, and citizenship verification. An eligible agency must submit a report to the governor and secretary of state no later than December 1, 2024, describing steps needed to implement automatic voter registration, barriers to implementation and ways to mitigate them, and applicable federal and state privacy protections for the data under consideration. By June 1, 2025, the governor, at the governor's sole discretion, must make final decisions, as to which agencies will implement automatic voter registration by December 31, 2025, and which agencies could implement automatic voter registration if provided with additional resources or if the legislature changed the law to allow data to be used for automatic voter registration. The governor must notify the commissioner of management and budget of the governor's decisions related to automatic voter registration. By October 1, 2025, the commissioner of management and budget must report to the chairs and ranking minority members of the legislative committees with jurisdiction over election policy and finance. The report must include:

(1) the agencies that will implement automatic voter registration by December 31, 2025;

(2) the agencies which could implement automatic voter registration if provided with additional resources and recommendations on the necessary additional resources; and

(3) the agencies that could implement automatic voter registration if the legislature changed the law to allow data to be used for voter registration and recommendations on how the law could be changed to allow the use of the data for this purpose.

(b) An agency may not begin verifying citizenship as part of an agency transaction for the sole purpose of providing automatic voter registration. Once an agency has implemented automatic voter registration, it must continue to provide automatic voter registration unless otherwise expressly required by law. For each individual whose United States citizenship has been verified, the commissioner or agency head must transmit information required to register to vote, as prescribed by the secretary of state, to the secretary of state by electronic means. The governor must determine the frequency of the transmissions for each agency.

(c) No applicant may be registered to vote under this subdivision until (1) the agency's commissioner or agency head has certified that the necessary systems have been tested and can accurately provide the required data and accurately exclude from transmission data on individuals whose United States citizenship has not been verified, and (2) the secretary of state has certified that the system for automatic registration of those applicants has been tested and is capable of properly determining whether an applicant is eligible to vote.

Subd. 6.

Registration.

(a) The secretary of state must compare all application information submitted under this section with the information received under section 201.145 to determine whether an applicant is eligible to vote. If an applicant appears on the list of individuals who are ineligible to vote, the secretary of state must not process the application further and must not share the applicant's information with the county for registration. For applicants who do not appear to be ineligible to vote, the secretary of state must determine whether the applicant whose information is submitted under this section is currently registered in the statewide voter registration system.

(b) If the applicant is not currently registered in the statewide voter registration system, the secretary of state must transmit the registration daily by electronic means to the county auditor of the county where the voter resides.

(c) Any data regarding applicants who the secretary determines are not eligible to vote are private data on individuals, as defined in section 13.02, subdivision 12.

(d) The county auditor must cancel the voter's record in the statewide voter registration system upon receipt of a written request, signed by the voter, that the registration be removed.

Subd. 7.

Prosecution of registration violations; voluntary action required.

The transfer of an individual's record under this section does not constitute an attempt to register to vote or a completion of a voter registration form by that individual. If such a registration is processed by the state, it is presumed to have been officially authorized by the state. This subdivision does not apply to an individual who knowingly and willfully makes a false statement to effectuate voter registration or who intentionally takes voluntary action to register to vote or vote knowing of the individual's ineligibility to vote.

Subd. 8.

Effective date of registration.

Unless the applicant declines registration, the effective date is the date that the county auditor processes the application. This subdivision does not limit the ability of a person to register to vote on election day as provided in section 201.061, subdivision 3. Any person who submits a qualifying application under subdivision 1 that is dated during the 20 days before an election must be provided, at the time of application, with a notice advising the applicant of the procedures to register to vote on election day.