HF 60

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; changing certain absentee 
  1.3             ballot provisions; amending Minnesota Statutes 2002, 
  1.4             sections 203B.07, subdivision 2; 203B.08, subdivision 
  1.5             1; 203B.12, by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 203B.07, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [DESIGN OF ENVELOPES.] The return envelope shall 
  1.10  be of sufficient size to conveniently enclose and contain the 
  1.11  ballot envelope and a voter registration card folded along its 
  1.12  perforations.  The return envelope shall be designed to open on 
  1.13  the left hand end.  A certificate of eligibility to vote by 
  1.14  absentee ballot shall be printed on the right hand three-fourths 
  1.15  of the back of the envelope.  The certificate shall contain a 
  1.16  statement to be signed and sworn by the voter indicating that 
  1.17  the voter meets all of the requirements established by law for 
  1.18  voting by absentee ballot.  The certificate shall also contain a 
  1.19  statement signed by a person who is registered to vote in 
  1.20  Minnesota, with that person's printed name, address, and city of 
  1.21  residence, or by a notary public or other individual authorized 
  1.22  to administer oaths, with that person's official title, stating 
  1.23  that:  
  1.24     (a) the ballots were displayed to that individual unmarked; 
  1.25     (b) the voter marked the ballots in that individual's 
  2.1   presence without showing how they were marked, or, if the voter 
  2.2   was physically unable to mark them, that the voter directed 
  2.3   another individual to mark them; and 
  2.4      (c) if the voter was not previously registered, the voter 
  2.5   has provided proof of residence as required by section 201.061, 
  2.6   subdivision 3.  
  2.7      The county auditor or municipal clerk shall affix first 
  2.8   class postage to the return envelopes.  
  2.9      Sec. 2.  Minnesota Statutes 2002, section 203B.08, 
  2.10  subdivision 1, is amended to read: 
  2.11     Subdivision 1.  [MARKING AND RETURN BY VOTER.] An eligible 
  2.12  voter who receives absentee ballots as provided in this chapter 
  2.13  shall mark them in the manner specified in the directions for 
  2.14  casting the absentee ballots.  The return envelope containing 
  2.15  marked ballots may be mailed as provided in the directions for 
  2.16  casting the absentee ballots or may be left with the county 
  2.17  auditor or municipal clerk who transmitted the absentee ballots 
  2.18  to the voter.  If All ballots, whether mailed or delivered in 
  2.19  person by an agent, the return envelope must be submitted to the 
  2.20  county auditor or municipal clerk by 3:00 5:00 p.m. on election 
  2.21  day. 
  2.22     The voter may designate an agent to deliver in person the 
  2.23  sealed absentee ballot return envelope to the county auditor or 
  2.24  municipal clerk or to deposit the return envelope in the mail.  
  2.25  An agent may deliver or mail the return envelopes of not more 
  2.26  than three voters in any election.  Any person designated as an 
  2.27  agent who tampers with either the return envelope or the voted 
  2.28  ballots or does not immediately mail or deliver the return 
  2.29  envelope to the county auditor or municipal clerk is guilty of a 
  2.30  misdemeanor. 
  2.31     Sec. 3.  Minnesota Statutes 2002, section 203B.12, is 
  2.32  amended by adding a subdivision to read: 
  2.33     Subd. 2a.  [EXAMINATION OF REJECTED RETURN 
  2.34  ENVELOPES.] Return envelopes marked "rejected" under subdivision 
  2.35  2 may not be opened for inspection under section 209.06 during a 
  2.36  recount or challenge or by election judges or other persons for 
  3.1   any reason.  The return envelopes may only be opened by a judge 
  3.2   as part of a review by a court.