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HF 211

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 05:33pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to elections; requiring voters to provide picture identification before
receiving a ballot; providing for the issuance of voter identification cards at no
charge; requiring certain notice; establishing a procedure for provisional balloting;
amending Minnesota Statutes 2020, sections 171.07, subdivisions 4, 9, by adding
a subdivision; 201.061, subdivision 3; 201.12, subdivision 1; 201.221, subdivision
3; 204C.10; 204C.12, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapters 200; 201; 204C.

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

Section 1.

Minnesota Statutes 2020, section 171.07, is amended by adding a subdivision
to read:


new text begin Subd. 3b. new text end

new text begin Voter identification cards. new text end

new text begin (a) The Department of Public Safety shall provide
a Minnesota voter identification card to any applicant who is eligible to vote in Minnesota
and who does not possess a valid Minnesota driver's license or state identification card. The
department may not require the applicant to pay a fee for issuance of a card. A
state-subsidized voter identification card may only be applied for at a driver's licensing
facility operated by the Division of Driver and Vehicle Services. Upon application for a
state-subsidized voter identification card, including upon application for a renewal, duplicate
card, or when a new card is required as a result of a change of address, an applicant must
present verification that the applicant is at least 18 years of age, is a citizen of the United
States, and will have maintained residence in Minnesota for at least 20 days immediately
preceding the next election.
new text end

new text begin (b) A voter identification card must bear a distinguishing number assigned to the
applicant, a color photograph or an electronically produced image of the applicant, the
applicant's full name and date of birth, the applicant's address of residence, a description of
the applicant in the manner the commissioner deems necessary, and the usual signature of
the applicant.
new text end

new text begin (c) A voter identification card shall not be valid identification for purposes unrelated to
voting in Minnesota.
new text end

new text begin (d) A voter identification card must be of a different color scheme than a Minnesota
driver's license or state identification card, but must incorporate the same information and
security features as provided in subdivision 9.
new text end

new text begin (e) Each voter identification card must be plainly marked: "Voter Identification - Not a
drivers license. Valid Identification Only for Voting."
new text end

Sec. 2.

Minnesota Statutes 2020, section 171.07, subdivision 4, is amended to read:


Subd. 4.

Identification card expiration.

(a) Except as otherwise provided in this
subdivision, the expiration date of a Minnesota identification card new text beginand voter identification
card
new text endis the birthday of the applicant in the fourth year following the date of issuance of the
card.

(b) For an applicant age 65 or older:

(1) the expiration date of a Minnesota identification card new text beginand voter identification card
new text end is the birthday of the applicant in the eighth year following the date of issuance of the card;
or

(2) a noncompliant identification card is valid for the lifetime of the applicant.

(c) For the purposes of paragraph (b), "Minnesota identification card" does not include
an enhanced identification card issued to an applicant age 65 or older.

(d) The expiration date for an Under-21 identification card is the cardholder's 21st
birthday. The commissioner shall issue an identification card to a holder of an Under-21
identification card who applies for the card, pays the required fee, and presents proof of
identity and age, unless the commissioner determines that the applicant is not qualified for
the identification card.

(e) Notwithstanding paragraphs (a) to (d), the expiration date for an identification card
issued to a person with temporary lawful status is the last day of the person's legal stay in
the United States, or one year after issuance if the last day of the person's legal stay is not
identified.

Sec. 3.

Minnesota Statutes 2020, section 171.07, subdivision 9, is amended to read:


Subd. 9.

Improved security.

deleted text beginThe commissioner shall develop newdeleted text end Drivers' licenses
deleted text begin anddeleted text endnew text begin,new text end identification cards, deleted text beginto be issued beginning January 1, 1994, thatdeleted text endnew text begin and voter identification
cards
new text end must be as impervious to alteration as is reasonably practicable in their design and
quality of material and technology. The driver's license security laminate shall be made
from materials not readily available to the general public. The design and technology
employed must enable the driver's license and identification card to be subject to two or
more methods of visual verification capable of clearly indicating the presence of tampering
or counterfeiting. The driver's license and identification card must not be susceptible to
reproduction by photocopying or simulation and must be highly resistant to data or
photograph substitution and other tampering.

Sec. 4.

new text begin [200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE.
new text end

new text begin The following are sufficient proof of identity and residence for purposes of election day
voter registration under section 201.061, subdivision 3, and for determining whether to
count a provisional ballot under section 204C.135, subdivision 2:
new text end

new text begin (1) a current, valid driver's license, state identification card, or voter identification card
issued to the voter by the Department of Public Safety that contains the voter's current
address of residence in the precinct;
new text end

new text begin (2) an identification card issued to the voter by the tribal government of a tribe recognized
by the Bureau of Indian Affairs that contains a photograph of the voter, the voter's current
address of residence in the precinct, and any other items of data required to be contained
on a Minnesota identification card, as provided in section 171.07, subdivision 3, paragraphs
(a) and (b);
new text end

new text begin (3) an original receipt for a new, renewed, or updated driver's license, state identification
card, or voter identification card issued to the voter under section 171.07 that contains the
voter's current address of residence in the precinct along with one of the following documents,
provided that it contains a photograph of the voter:
new text end

new text begin (i) a driver's license or identification card that is expired, invalidated, or does not contain
the voter's current address of residence, issued to the voter by the state of Minnesota or any
other state or territory of the United States;
new text end

new text begin (ii) a United States passport issued to the voter;
new text end

new text begin (iii) an identification card issued by a branch, department, agency, entity, or subdivision
of Minnesota or the federal government;
new text end

new text begin (iv) an identification card issued by an accredited postsecondary institution with a campus
located within Minnesota, if a list of students from that institution has been prepared under
section 135A.17 and certified to the county auditor in the manner provided in rules of the
secretary of state; or
new text end

new text begin (v) an identification card issued to the voter by the tribal government of a tribe recognized
by the Bureau of Indian Affairs;
new text end

new text begin (4) if the voter resides in a shelter facility designated for battered women, as defined in
section 611A.37, subdivision 4, a driver's license or identification card issued to the voter
by the Department of Public Safety that contains the voter's photograph and address of
residence prior to seeking the services of the shelter facility, along with a certification of
residence in the facility, signed by the facility's administrator on a form prescribed by the
secretary of state; or
new text end

new text begin (5) a driver's license or identification card issued by Minnesota or any other state or
territory of the United States that does not contain the voter's current address of residence,
if the voter is a student and either:
new text end

new text begin (i) the voter's name and address of residence is included on a residential housing list
certified to the county auditor for use in that precinct under section 135A.17, subdivision
2; or
new text end

new text begin (ii) the voter presents a current student fee statement, issued to the voter, that contains
the voter's valid address of residence in the precinct.
new text end

Sec. 5.

new text begin [201.017] STATE-SUBSIDIZED VOTER IDENTIFICATION CARD
ACCOUNT.
new text end

new text begin A state-subsidized voter identification card account is established in the special revenue
fund. Money in the account is appropriated to the Department of Public Safety for purposes
of reimbursing the department for administrative costs providing state-subsidized voter
identification cards to individuals qualifying under section 171.07, subdivision 3b, provided
that the department may not be reimbursed more than $9.85 for each card issued. The
commissioner of public safety must report to the legislature at least monthly by county on
expenditure of funds from this account. A report of the total expenditures by county must
be submitted to the majority and minority members of the house of representatives and
senate committees with oversight in elections by January 31 of each year.
new text end

Sec. 6.

Minnesota Statutes 2020, section 201.061, subdivision 3, is amended to read:


Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may register
on election day by appearing in person at the polling place for the precinct in which the
individual maintains residence, by completing a registration application, making an oath in
the form prescribed by the secretary of state and providing proof of new text beginidentity and new text endresidence.
An individual may prove new text beginidentity and new text endresidence for purposes of registering bydeleted text begin:deleted text endnew text begin presenting
documentation as permitted by section 200.035.
new text end

deleted text begin (1) presenting a driver's license or Minnesota identification card issued pursuant to
section 171.07;
deleted text end

deleted text begin (2) presenting any document approved by the secretary of state as proper identification;
deleted text end

deleted text begin (3) presenting one of the following:
deleted text end

deleted text begin (i) a current valid student identification card from a postsecondary educational institution
in Minnesota, if a list of students from that institution has been prepared under section
135A.17 and certified to the county auditor in the manner provided in rules of the secretary
of state; or
deleted text end

deleted text begin (ii) a current student fee statement that contains the student's valid address in the precinct
together with a picture identification card; or
deleted text end

deleted text begin (4) having a voter who is registered to vote in the precinct, or an employee employed
by and working in a residential facility in the precinct and vouching for a resident in the
facility, sign an oath in the presence of the election judge vouching that the voter or employee
personally knows that the individual is a resident of the precinct. A voter who has been
vouched for on election day may not sign a proof of residence oath vouching for any other
individual on that election day. A voter who is registered to vote in the precinct may sign
up to eight proof-of-residence oaths on any election day. This limitation does not apply to
an employee of a residential facility described in this clause. The secretary of state shall
provide a form for election judges to use in recording the number of individuals for whom
a voter signs proof-of-residence oaths on election day. The form must include space for the
maximum number of individuals for whom a voter may sign proof-of-residence oaths. For
each proof-of-residence oath, the form must include a statement that the individual: (i) is
registered to vote in the precinct or is an employee of a residential facility in the precinct,
(ii) personally knows that the voter is a resident of the precinct, and (iii) is making the
statement on oath. The form must include a space for the voter's printed name, signature,
telephone number, and address.
deleted text end

deleted text begin The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.
deleted text end

deleted text begin (b) The operator of a residential facility shall prepare a list of the names of its employees
currently working in the residential facility and the address of the residential facility. The
operator shall certify the list and provide it to the appropriate county auditor no less than
20 days before each election for use in election day registration.
deleted text end

deleted text begin (c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1
; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5
; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as defined
in section 245A.02, subdivision 14; a residential facility for persons with a developmental
disability licensed by the commissioner of human services under section 252.28; setting
authorized to provide housing support as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; or a supervised publicly
or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.
deleted text end

deleted text begin (d) For tribal band members, an individual may prove residence for purposes of
registering by:
deleted text end

deleted text begin (1) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, address, signature, and picture of the individual; or
deleted text end

deleted text begin (2) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, signature, and picture of the individual and also presenting one of the documents
listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
deleted text end

deleted text begin (e)deleted text endnew text begin (b)new text end A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 7.

Minnesota Statutes 2020, section 201.12, subdivision 1, is amended to read:


Subdivision 1.

Notice of registration.

new text begin(a) new text endTo prevent fraudulent voting and to eliminate
excess names, the county auditor maynew text begin, except where required by paragraph (b), new text end mail to any
registered voter a notice stating the voter's name and address as they appear in the registration
files. The notice shall request the voter to notify the county auditor if there is any mistake
in the information.

new text begin (b) The notice provided in paragraph (a) must be sent upon acceptance of a registration
application from any voter who has not been previously registered to vote in Minnesota. In
addition to the requirements of paragraph (a), the notice sent to a voter under this paragraph
must inform the voter of the requirements for voting in the polling place, including the photo
identification requirements contained in section 204C.10, and provide information to assist
the voter in acquiring a voter identification card, if necessary, under section 201.017.
new text end

Sec. 8.

Minnesota Statutes 2020, section 201.221, subdivision 3, is amended to read:


Subd. 3.

Procedures for polling place rosters.

The secretary of state shall prescribe
the form of paper polling place rosters that include the voter's name, address, date of birth,
school district number, and space for the voter's signature. new text beginThe address listed on the polling
place roster must be the voter's address of residence, unless the voter has requested that the
address printed on the roster be the voter's mailing address because the voter is a judge, law
enforcement officer, or corrections officer.
new text endAn electronic roster and the voter signature
certificate together must include the same information as a paper polling place roster. The
secretary of state may prescribe additional election-related information to be placed on the
polling place rosters on an experimental basis for one state primary and general election
cycle; the same information may not be placed on the polling place roster for a second state
primary and general election cycle unless specified in this subdivision. The polling place
roster must be used to indicate whether the voter has voted in a given election. The secretary
of state shall prescribe procedures for transporting the polling place rosters to the election
judges for use on election day. The secretary of state shall prescribe the form for a county
or municipality to request the date of birth from currently registered voters. The county or
municipality shall not request the date of birth from currently registered voters by any
communication other than the prescribed form and the form must clearly indicate that a
currently registered voter does not lose registration status by failing to provide the date of
birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
polling place rosters used on the date of election for 22 months following the election.

Sec. 9.

Minnesota Statutes 2020, section 204C.10, is amended to read:


204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE;
VOTER RECEIPT.

new text begin Subdivision 1. new text end

new text begin Polling place roster. new text end

(a) An individual seeking to vote shall sign a polling
place roster or voter signature certificate which states that the individual is at least 18 years
of age, a citizen of the United States, has resided in Minnesota for 20 days immediately
preceding the election, maintains residence at the address shown, is not under a guardianship
in which the court order revokes the individual's right to vote, has not been found by a court
of law to be legally incompetent to vote or has the right to vote because, if the individual
was convicted of a felony, the felony sentence has expired or been completed or the individual
has been discharged from the sentence, is registered and has not already voted in the election.
The roster must also state: "I understand that deliberately providing false information is a
felony punishable by not more than five years imprisonment and a fine of not more than
$10,000, or both."

(b) At the presidential nomination primary, the polling place roster must also state: "I
am in general agreement with the principles of the party for whose candidate I intend to
vote." This statement must appear separately from the statements required in paragraph (a).
The felony penalty provided for in paragraph (a) does not apply to this paragraph.

(c) deleted text beginA judge may,deleted text end Before the applicant signs the roster or voter signature certificate, new text begina
judge must: (1) require the voter to present a photo identification document, as described
in subdivision 2; and (2)
new text endconfirm the applicant's name, address, and date of birth.new text begin A voter
who cannot produce sufficient identification as required by subdivision 2 may not sign the
polling place roster, but may cast a provisional ballot as provided in section 204C.135.
new text end

(d) After the applicant signs the roster or voter signature certificate, the judge shall give
the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in
charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to
the voter the ballot. The voters' receipts must be maintained during the time for notice of
filing an election contest.

(e) Whenever a challenged status appears on the polling place roster, an election judge
must ensure that the challenge is concealed or hidden from the view of any voter other than
the voter whose status is challenged.

new text begin Subd. 2. new text end

new text begin Photo identification. new text end

new text begin (a) To satisfy the photo identification requirement in
subdivision 1, a voter must present a valid form of one of the following documents or sets
of documents issued to the voter:
new text end

new text begin (1) a Minnesota driver's license, state identification card, or voter identification card
issued under section 171.07 that contains the voter's current address of residence in the
precinct;
new text end

new text begin (2)(i) an original receipt for a new, renewed, or updated driver's license, state
identification card, or voter identification card issued to the voter under section 171.07 that
contains the voter's current address of residence in the precinct; and
new text end

new text begin (ii) a driver's license or identification card that is expired, invalidated, or does not contain
the voter's current address of residence in the precinct, issued to the voter by the state of
Minnesota or any other state or territory of the United States;
new text end

new text begin (3) an identification card issued by the tribal government of a tribe recognized by the
Bureau of Indian Affairs that contains a photograph of the voter, the voter's current address
of residence in the precinct, and any other items of data required to be contained on a
Minnesota identification card, as provided in section 171.07, subdivision 3, paragraphs (a)
and (b);
new text end

new text begin (4) if the voter resides in a shelter facility designated for battered women, as defined in
section 611A.37, subdivision 4, a driver's license or identification card issued to the voter
by the Department of Public Safety that contains the voter's photograph and address of
residence prior to seeking the services of the shelter facility, along with a certification of
residence in the facility, signed by the facility's administrator on a form prescribed by the
secretary of state; or
new text end

new text begin (5) a driver's license or identification card issued by Minnesota or any other state or
territory of the United States that does not contain the voter's current address of residence,
if the voter is a student and either:
new text end

new text begin (i) the voter's name and address of residence is included on a residential housing list
certified to the county auditor for use in that precinct under section 135A.17, subdivision
2; or
new text end

new text begin (ii) the voter presents a current student fee statement, issued to the voter, that contains
the voter's valid address of residence in the precinct.
new text end

new text begin (b) An identification card presented under this section is not deficient for a lack of the
voter's current address of residence in the precinct if the identification card contains the
mailing address of the voter that matches the address listed on the polling place roster.
new text end

Sec. 10.

Minnesota Statutes 2020, section 204C.12, subdivision 3, is amended to read:


Subd. 3.

Determination of residence.

In determining the legal residence of a challenged
individual, the election judges shall be governed by the principles contained in section
200.031. If the challenged individual's answers to the questions show ineligibility to vote
in that precinct, the individual shall not be allowed to vote. If the individual has marked
ballots but not yet deposited them in the ballot boxes before the election judges determine
ineligibility to vote in that precinct, the marked ballots shall be placed deleted text beginunopeneddeleted text end with the
spoiled ballots. If the answers to the questions fail to show that the individual is not eligible
to vote in that precinct and the challenge is not withdrawn, the election judges shall deleted text beginverbally
administer the oath on the voter certificate to the individual. After taking the oath and
completing and signing the voter certificate, the challenged individual shall be allowed to
vote
deleted text endnew text begin permit the voter to cast a provisional ballot in the manner provided in section 204C.135new text end.

Sec. 11.

new text begin [204C.135] PROVISIONAL BALLOTS.
new text end

new text begin Subdivision 1. new text end

new text begin Casting of provisional ballots. new text end

new text begin (a) The following voters seeking to vote
are entitled to cast a provisional ballot in the manner provided by this section:
new text end

new text begin (1) a voter who is unable to provide proper photo identification as required by section
204C.10;
new text end

new text begin (2) a voter whose registration status is listed as "challenged" on the polling place roster;
and
new text end

new text begin (3) a voter whose eligibility to vote is challenged as permitted by section 204C.12.
new text end

new text begin (b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster and
complete a provisional ballot envelope. The envelope must contain a space for the voter to
list the voter's name, address of residence, date of birth, voter identification number, and
any other information prescribed by the secretary of state. The voter must also swear or
affirm, in writing, that the voter is eligible to vote, has not voted previously in the same
election, and meets the criteria for registering to vote in the precinct in which the voter
appears.
new text end

new text begin Once the voter has completed the provisional ballot envelope, the voter must be allowed
to cast a provisional ballot. The provisional ballot must be in the same form as the official
ballot available in the precinct on election day. A completed provisional ballot shall be
sealed in a secrecy envelope. The secrecy envelope shall be sealed inside the voter's
provisional ballot envelope and deposited by the voter in a secure, sealed provisional ballot
box. Completed provisional ballots may not be combined with other voted ballots in the
polling place.
new text end

new text begin (c) The form of the secrecy and provisional ballot envelopes shall be prescribed by the
secretary of state. The provisional ballot envelope must be a color other than that provided
for absentee ballot envelopes and must be prominently labeled "Provisional Ballot Envelope."
new text end

new text begin (d) Provisional ballots and related documentation shall be delivered to and securely
maintained by the county auditor or municipal clerk in the same manner as required for
other election materials under sections 204C.27 and 204C.28.
new text end

new text begin Subd. 2. new text end

new text begin Counting provisional ballots. new text end

new text begin (a) A voter who casts a provisional ballot in the
polling place may personally appear before the county auditor or municipal clerk no later
than seven calendar days following the election to prove that the voter's provisional ballot
should be counted. The county auditor or municipal clerk must count a provisional ballot
in the final certified results from the precinct if:
new text end

new text begin (1) the statewide voter registration system indicates that the voter is eligible to vote or,
if challenged, the voter presents evidence of the voter's eligibility to vote; and
new text end

new text begin (2) the voter presents proof of identity and residence in the precinct in the manner
permitted by section 200.035.
new text end

new text begin (b) If a voter does not appear before the county auditor or municipal clerk within seven
calendar days following the election or otherwise does not satisfy the requirements of
paragraph (a), or if the data listed on the items of identification presented by the voter does
not match the data submitted by the voter on the provisional ballot envelope, the voter's
provisional ballot must not be counted.
new text end

new text begin (c) The county auditor or municipal clerk must notify, in writing, any provisional voter
who does not appear within seven calendar days of the election that the voter's provisional
ballot was not counted because of the voter's failure to appear before the county auditor or
municipal clerk within the time permitted by law to determine whether the provisional ballot
should be counted.
new text end

new text begin Subd. 3. new text end

new text begin Provisional ballots; reconciliation. new text end

new text begin Prior to counting any provisional ballots
in the final vote totals from a precinct, the county auditor must verify that the number of
signatures appearing on the provisional ballot roster from that precinct is equal to or greater
than the number of accepted provisional ballots submitted by voters in the precinct on
election day. Any discrepancy must be resolved before the provisional ballots from the
precinct may be counted. Excess provisional ballots to be counted must be randomly
withdrawn in the manner required by section 204C.20, subdivision 2, after the period for a
voter to appear to prove residence and identity has expired and the ballots to be counted
have been separated from the provisional ballot envelopes.
new text end

Sec. 12. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 11 are effective July 1, 2021, and apply to elections held on or after that
date.
new text end