HF 74

1st Engrossment - 80th Legislature (1997 - 1998) 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 1996, 
  1.4             sections 203B.02, subdivision 1; 203B.03, subdivision 
  1.5             1; 203B.04, subdivision 1; 203B.07, subdivision 2; and 
  1.6             203B.12, subdivision 2; proposing coding for new law 
  1.7             in Minnesota Statutes, chapter 203B. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 203B.02, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [UNABLE TO GO TO POLLING PLACE VOTING 
  1.12  BEFORE ELECTION DAY.] Any eligible voter who reasonably expects 
  1.13  to be unable to go to the polling place on election day in the 
  1.14  precinct where the individual maintains residence because of 
  1.15  absence from the precinct, illness, disability, religious 
  1.16  discipline, observance of a religious holiday, or service as an 
  1.17  election judge in another precinct may vote by absentee ballot 
  1.18  as provided in sections 203B.04 to 203B.15 this chapter. 
  1.19     Sec. 2.  Minnesota Statutes 1996, section 203B.03, 
  1.20  subdivision 1, is amended to read: 
  1.21     Subdivision 1.  [VIOLATION.] No individual shall 
  1.22  intentionally:  
  1.23     (a) make or sign any false certificate required by this 
  1.24  chapter; 
  1.25     (b) make any false or untrue statement in any application 
  1.26  for absentee ballots; 
  2.1      (c) apply for absentee ballots more than once in any 
  2.2   election with the intent to cast an illegal ballot; 
  2.3      (d) exhibit a ballot marked by that individual to any other 
  2.4   individual; 
  2.5      (e) do any act in violation of the provisions of this 
  2.6   chapter for the purpose of casting an illegal vote in any 
  2.7   precinct or for the purpose of aiding another to cast an illegal 
  2.8   vote; or 
  2.9      (f) use information from absentee ballot materials or 
  2.10  records for purposes unrelated to elections, political 
  2.11  activities, or law enforcement; 
  2.12     (g) provide assistance to an absentee voter except in the 
  2.13  manner provided by section 204C.15, subdivision 1; or 
  2.14     (h) accept any payment of money or other thing of monetary 
  2.15  value for delivery, in person or by mail, of any absentee ballot 
  2.16  application or voted ballots to the county auditor, municipal 
  2.17  clerk, or school district clerk. 
  2.18     Before inspecting information from absentee ballot 
  2.19  materials or records, an individual shall provide identification 
  2.20  to the public official having custody of the material or 
  2.21  information.  
  2.22     Sec. 3.  Minnesota Statutes 1996, section 203B.04, 
  2.23  subdivision 1, is amended to read: 
  2.24     Subdivision 1.  [APPLICATION PROCEDURES.] Except as 
  2.25  otherwise allowed by subdivision 2, an application for absentee 
  2.26  ballots for any election may be submitted at any time not less 
  2.27  than one day before the day of that election.  An application 
  2.28  submitted pursuant to this subdivision shall be in writing and 
  2.29  shall be submitted to:  
  2.30     (a) the county auditor of the county where the applicant 
  2.31  maintains residence; or 
  2.32     (b) the municipal clerk of the municipality, or school 
  2.33  district if applicable, where the applicant maintains residence. 
  2.34     An application shall be accepted if it is signed and dated 
  2.35  by the applicant, contains the applicant's name and residence 
  2.36  and mailing addresses, and states that the applicant is eligible 
  3.1   to vote by absentee ballot for one of the reasons specified in 
  3.2   section 203B.02.  An application may be submitted to the county 
  3.3   auditor or municipal clerk by an electronic facsimile device, at 
  3.4   the discretion of the auditor or clerk. 
  3.5      Sec. 4.  Minnesota Statutes 1996, section 203B.07, 
  3.6   subdivision 2, is amended to read: 
  3.7      Subd. 2.  [DESIGN OF ENVELOPES.] The return envelope shall 
  3.8   be of sufficient size to conveniently enclose and contain the 
  3.9   ballot envelope and a voter registration card folded along its 
  3.10  perforations.  The return envelope shall be designed to open on 
  3.11  the left hand end.  The return envelope must include spaces for 
  3.12  the voter's name and address.  A certificate of eligibility to 
  3.13  vote by absentee ballot shall be printed on the right hand 
  3.14  three-fourths of the back of the envelope.  The certificate 
  3.15  shall contain a statement to be signed and sworn by the voter 
  3.16  indicating that the voter meets all of the requirements 
  3.17  established by law for voting by absentee ballot.  If the voter 
  3.18  was not previously registered, the certificate shall also 
  3.19  contain a statement signed by an eligible a registered voter of 
  3.20  the county precinct in which the absent voter maintains 
  3.21  residence or by a notary public, United States postmaster, 
  3.22  assistant postmaster, postal supervisor, clerk of a postal 
  3.23  service contract station or other individual authorized to 
  3.24  administer oaths stating that:  
  3.25     (a) the ballots were displayed to that individual unmarked; 
  3.26     (b) the voter marked the ballots in that individual's 
  3.27  presence without showing how they were marked, or, if the voter 
  3.28  was physically unable to mark them, that the voter directed 
  3.29  another individual to mark them; and 
  3.30     (c) if the voter was not previously registered, that the 
  3.31  voter has provided proof of residence as required by section 
  3.32  201.061, subdivision 3.  
  3.33     The county auditor or municipal clerk shall affix first 
  3.34  class postage to the return envelopes.  
  3.35     Sec. 5.  Minnesota Statutes 1996, section 203B.12, 
  3.36  subdivision 2, is amended to read: 
  4.1      Subd. 2.  [EXAMINATION OF RETURN ENVELOPES.] Two or more 
  4.2   election judges shall examine each return envelope and shall 
  4.3   mark it accepted or rejected in the manner provided in this 
  4.4   subdivision.  If a ballot has been prepared under section 
  4.5   204B.12, subdivision 2a, or 204B.41, the election judges shall 
  4.6   not begin removing ballot envelopes from the return envelopes 
  4.7   until 8:00 p.m. on election day, either in the polling place or 
  4.8   at an absentee ballot board established under section 203B.13. 
  4.9      The election judges shall mark the return envelope 
  4.10  "Accepted" and initial or sign the return envelope below the 
  4.11  word "Accepted" if the election judges or a majority of them are 
  4.12  satisfied that:  
  4.13     (1) the voter's name and address on the return envelope are 
  4.14  the same as the information provided on the absentee ballot 
  4.15  application; 
  4.16     (a) (2) the voter's signature on the return envelope is the 
  4.17  genuine signature of the individual who made the application for 
  4.18  ballots and the certificate has been completed as prescribed in 
  4.19  the directions for casting an absentee ballot; 
  4.20     (b) (3) the voter is registered and eligible to vote in the 
  4.21  precinct or has included a properly completed registration card 
  4.22  in the return envelope; and 
  4.23     (c) (4) the voter has not already voted at that election, 
  4.24  either in person or by absentee ballot.  
  4.25     The return envelope from accepted ballots must be preserved 
  4.26  and returned to the county auditor.  
  4.27     If all or a majority of the election judges examining 
  4.28  return envelopes find that an absent voter has failed to meet 
  4.29  one of the requirements prescribed in clauses (a) (1) to 
  4.30  (c) (4), they shall mark the return envelope "Rejected," initial 
  4.31  or sign it below the word "Rejected," and return it to the 
  4.32  county auditor.  
  4.33     Sec. 6.  [203B.145] [ACCESS TO ABSENTEE BALLOT MATERIALS.] 
  4.34     Public inspection of absentee ballot applications, absentee 
  4.35  ballot return envelopes, other materials related to absentee 
  4.36  voting, and any list that includes information from these 
  5.1   materials must occur in the manner provided in the rules of the 
  5.2   secretary of state.