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HF 637

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/17/2013 10:16am

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

Bill Text Versions

Engrossments
Introduction Posted on 02/18/2013
1st Engrossment Posted on 03/18/2013
2nd Engrossment Posted on 04/02/2013

Current Version - 2nd Engrossment

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A bill for an act
relating to elections; modifying provisions related to voter registration;
modifying certain election administration procedures for individuals who have
been convicted of a felony; amending Minnesota Statutes 2012, sections 201.054,
subdivision 2, by adding a subdivision; 201.157; 201.275; 203B.06, subdivision
3; 204C.14; 241.065, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapter 244.

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

Section 1.

Minnesota Statutes 2012, section 201.054, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Invalid registrations; notice to voter. new text end

new text begin If the county auditor has reason
to believe based upon records provided by another public entity that an individual who
has submitted a voter registration application is not eligible to vote, the county auditor
must notify the individual of the reason that the individual's eligibility is in question
and that the individual will not be registered to vote unless the individual reaffirms the
individual's eligibility in writing.
new text end

Sec. 2.

Minnesota Statutes 2012, section 201.054, subdivision 2, is amended to read:


Subd. 2.

Prohibitions; penaltynew text begin; affirmative defensenew text end.

new text begin(a) new text endNo individual shall
intentionally:

deleted text begin (a)deleted text endnew text begin (1)new text end cause or attempt to cause the individual's name to be registered in any
precinct if the individual is not eligible to vote;

deleted text begin (b)deleted text endnew text begin (2)new text end cause or attempt to cause the individual's name to be registered for the
purpose of voting in more than one precinct;

deleted text begin (c)deleted text endnew text begin (3)new text end misrepresent the individual's identity when attempting to register to vote; or

deleted text begin (d)deleted text endnew text begin (4)new text end aid, abet, counsel, or procure any other individual to violate this subdivision.

A violation of this subdivision is a felony.

new text begin (b) It is an affirmative defense to a prosecution for violation of paragraph (a), clause
(1), if the individual:
new text end

new text begin (1) requested, in writing, that the county auditor of the county where the individual
resides withdraw the registration, and the request was made before any complaint was
filed alleging a violation of paragraph (a), clause (1); and
new text end

new text begin (2) did not vote at an election between the time the registration application was
submitted and the time the individual requested the registration be withdrawn.
new text end

Sec. 3.

Minnesota Statutes 2012, section 201.157, is amended to read:


201.157 USE OF DEPARTMENT OF CORRECTIONS DATA.

new text begin Subdivision 1. new text end

new text begin Access to data. new text end

As required by the Help America Vote Act of 2002,
Public Law 107-252, the commissioner of corrections shall make electronic data available
to the secretary of state on individuals 18 years of age or older who are currentlynew text begin:
new text end

new text begin (1)new text end serving felony sentences under the commissioner's jurisdictionnew text begin; or
new text end

new text begin (2) on probation for felony offenses that would result in the loss of civil rights, as
indicated by the statewide supervision system established under section 241.065
new text end.

The data must include the name, date of birth, new text beginlast known residential address that is
not a correctional facility, and, if available,
new text endcorrections' state identification numberdeleted text begin, and if
available,
deleted text endnew text begin andnew text end the driver's license or state identification card number, and, if an individual
has completed the sentence, the date of discharge.

The secretary of state must determine if any data newly indicates that:

(1) an individual with an active voter registration in the statewide voter registration
system is currently serving a felony sentence under the commissioner's jurisdictionnew text begin or is on
probation for a felony offense that would result in the loss of civil rights
new text end and the individual's
voter record does not already have a challenged status due to a felony conviction;

(2) an individual with an active voter registration in the statewide voter registration
system who is currently serving a felony sentence under the commissioner's jurisdictionnew text begin or
who is on probation for a felony offense that would result in the loss of civil rights
new text end appears
to have registered to vote or to have voted during a period when the individual's civil
rights were revoked; and

(3) an individual with a voter record that has a challenged status due to a felony
conviction who was serving a felony sentence under the commissioner's jurisdiction
new text begin or who has been on probation for a felony offense that would result in the loss of civil
rights
new text end has been discharged from a sentence.

The secretary of state shall prepare a list of the registrants included under clause (1),
(2), or (3) for each county auditor. For individuals under clause (1), the county auditor
shall challenge the individual's record in the statewide voter registration system. The
county auditor must provide information to the county attorney about individuals under
clause (2) for the county attorney's investigation. For individuals under clause (3), the
county auditor must determine if the challenge status should be removed from the voter
record for the individual, and if so, must remove the challenge.

The secretary of state must make the required determinations and provide the
required lists to the county auditors at least monthly.

For each state general election that occurs prior to the statewide voter registration
system being programmed to generate lists as required by this section, the secretary of
state must make the determination and provide lists to the county auditors between 30 and
60 days before the election and again between six and ten weeks after the election. In the
year following that state election, the secretary of state must make this determination and
provide lists to the county auditors again as part of the annual list maintenance.

new text begin Subd. 2. new text end

new text begin Notice to affected individuals. new text end

new text begin (a) Between 60 and 65 days prior to a state
general election, the Department of Corrections shall provide to the secretary of state a list
of offenders, who, at the time the list is prepared, are on supervised release or probation for
a felony offense that resulted in the loss of civil rights. The list shall also include former
offenders who the data indicates were discharged from all felony-level sentences since the
previous list was provided in accordance with this subdivision and who are not serving a
felony-level sentence at the time the list is prepared. The data must include the offender's
name; date of birth; last known residential address that is not a correctional facility; if
available, corrections state identification number and driver's license or state identification
card number; and if an offender has completed the sentence, the date the discharge occurred.
new text end

new text begin (b) The secretary of state shall use the data provided in paragraph (a) to mail written
notices at least one month prior to a state general election, as follows:
new text end

new text begin (1) a notice to each individual on probation for a felony offense that would result
in the loss of civil rights, informing the individual that registration or voting while on
probation for the offense is itself a felony offense and may result in the loss of the
individual's probation status; and
new text end

new text begin (2) a notice to each individual who has completed a term of probation resulting in
the loss of civil rights and who has no new felony conviction, that the individual's right
to vote has been restored.
new text end

new text begin Subd. 3. new text end

new text begin Use of data. new text end

new text begin The secretary of state may only use or disseminate data
submitted under subdivision 1 for purposes authorized by this section.
new text end

Sec. 4.

Minnesota Statutes 2012, section 201.275, is amended to read:


201.275 INVESTIGATIONS; PROSECUTIONS.

A deleted text begincounty attorney whodeleted text endnew text begin law enforcement agency thatnew text end is notified by affidavit of an
alleged violation of this chapter shall promptly investigate. If there is probable cause for
instituting a prosecution, the county attorney shall proceed deleted text beginby complaint or present the
charge, with whatever evidence has been found, to the grand jury. A county attorney
who refuses or intentionally fails to faithfully perform this or any other duty imposed by
this chapter is guilty of a misdemeanor and upon conviction shall forfeit office. The
county attorney, under the penalty of forfeiture of office, shall prosecute all violations of
this chapter except violations of this section; if, however, a complainant withdraws an
allegation under this chapter, the county attorney is not required to proceed with the
prosecution
deleted text endnew text begin according to the generally applicable standards regarding the prosecutorial
functions and duties of a county attorney
new text end.

Sec. 5.

Minnesota Statutes 2012, section 203B.06, subdivision 3, is amended to read:


Subd. 3.

Delivery of ballots.

(a) new text begin The commissioner of corrections must provide
the secretary of state with a list of the names and mailing addresses of correctional
facilities in which only persons convicted of felony-level offenses reside in Minnesota.
An application for an absentee ballot that provides an address included on the list provided
by the commissioner of corrections must not be accepted and an absentee ballot must
not be provided to the applicant. The county auditor or municipal clerk must promptly
transmit a copy of the application to the county attorney. The Department of Corrections
must implement procedures to ensure that absentee ballots issued under chapter 203B are
not received or mailed by offenders incarcerated at correctional facilities in which only
persons convicted of felony-level offenses reside.
new text end

new text begin (b) new text endIf an application for absentee ballots is accepted at a time when absentee ballots
are not yet available for distribution, the county auditor, or municipal clerk accepting the
application shall file it and as soon as absentee ballots are available for distribution shall
mail them to the address specified in the application. If an application for absentee ballots
is accepted when absentee ballots are available for distribution, the county auditor or
municipal clerk accepting the application shall promptly:

(1) mail the ballots to the voter whose signature appears on the application if the
application is submitted by mail and does not request commercial shipping under clause (2);

(2) ship the ballots to the voter using a commercial shipper requested by the voter at
the voter's expense;

(3) deliver the absentee ballots directly to the voter if the application is submitted in
person; or

(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
voter who would have difficulty getting to the polls because of incapacitating health
reasons, or who is disabled, or who is a patient in a health care facility, a resident of
a facility providing assisted living services governed by chapter 144G, a participant in
a residential program for adults licensed under section 245A.02, subdivision 14, or a
resident of a shelter for battered women as defined in section 611A.37, subdivision 4.

deleted text begin (b)deleted text endnew text begin (c)new text end If an application does not indicate the election for which absentee ballots are
sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
the next election occurring after receipt of the application. Only one set of ballots may
be mailed, shipped, or delivered to an applicant for any election, except as provided in
section 203B.121, subdivision 2, or when a replacement ballot has been requested by the
voter for a ballot that has been spoiled or lost in transit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 15, 2013.
new text end

Sec. 6.

Minnesota Statutes 2012, section 204C.14, is amended to read:


204C.14 UNLAWFUL VOTING; PENALTY.

new text begin Subdivision 1. new text end

new text begin Violations; penalty. new text end

No individual shall intentionally:

(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in
a ballot box or attempting to vote by means of a voting machine or electronic voting system;

(b) vote more than once at the same election;

(c) put a ballot in a ballot box for any illegal purpose;

(d) give more than one ballot of the same kind and color to an election judge to
be placed in a ballot box;

(e) aid, abet, counsel or procure another to go into any precinct for the purpose
of voting in that precinct, knowing that the other individual is not eligible to vote in
that precinct; or

(f) aid, abet, counsel or procure another to do any act in violation of this section.

A violation of this section is a felony.

new text begin Subd. 2. new text end

new text begin Signature on roster as evidence of intent. new text end

new text begin For purposes of proving a
violation of this section, the signature of an individual on a polling place roster is prima
facie evidence of the intent of the individual to vote at that election.
new text end

Sec. 7.

Minnesota Statutes 2012, section 241.065, subdivision 2, is amended to read:


Subd. 2.

Establishment.

The Department of Corrections shall administer and
maintain a computerized data system for the purpose of assisting criminal justice agencies
in monitoring and enforcing the conditions of conditional release imposed on criminal
offenders by a sentencing court or the commissioner of corrections. The adult data and
juvenile data as defined in section 260B.171 in the statewide supervision system are
private data as defined in section 13.02, subdivision 12, but are accessible to criminal
justice agencies as defined in section 13.02, subdivision 3a, to the Minnesota sex offender
program as provided in section 246B.04, subdivision 3, to public defenders as provided in
section 611.272, to all trial courts and appellate courts, and to criminal justice agencies in
other states in the conduct of their official duties.new text begin Adult data in the statewide supervision
system are accessible to the secretary of state for the purposes described in section 201.157.
new text end

Sec. 8.

new text begin [244.25] NOTICE OF LOSS OF VOTING RIGHTS.
new text end

new text begin Whenever an adult felon is placed on probation supervision, the individual must be
provided a written notice, included in the probation agreement, that the individual may not
register to vote or cast a ballot in any election during the period of felony supervision. The
individual must acknowledge, by signature, receipt of the notice. A copy of the notice and
signature must be placed in the felon's probation supervision file.
new text end