HF 768

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; changing certain absentee voting requirements and
procedures; amending Minnesota Statutes 2006, sections 203B.02, subdivision
1; 203B.04, subdivisions 1, 6; 203B.06, subdivision 3; 203B.07, subdivision 2;
203B.11, subdivision 4; repealing Minnesota Statutes 2006, section 203B.04,
subdivision 5.

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

Section 1.

Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Unable to go to polling place deleted text end new text begin Eligibility for absentee voting new text end .

deleted text begin (a) deleted text end
Any eligible voter deleted text begin who reasonably expects to be unable to go to the polling place on
election day in the precinct where the individual maintains residence because of absence
from the precinct; illness, including isolation or quarantine under sections 144.419
to 144.4196 or United States Code, title 42, sections 264 to 272; disability; religious
discipline; observance of a religious holiday; or service as an election judge in another
precinct deleted text end may vote by absentee ballot as provided in sections 203B.04 to 203B.15.

deleted text begin (b) If the governor has declared an emergency and filed the declaration with the
secretary of state under section 12.31, and the declaration states that the emergency has
made it difficult for voters to go to the polling place on election day, any voter in a
precinct covered by the declaration may vote by absentee ballot as provided in sections
203B.04 to 203B.15. deleted text end

Sec. 2.

Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:

Subdivision 1.

Application procedures.

Except as otherwise allowed by
subdivision 2, an application for absentee ballots for any election may be submitted at
any time not less than one day before the day of that election. The county auditor shall
prepare absentee ballot application forms in the format provided by the secretary of state,
notwithstanding rules on absentee ballot forms, and shall furnish them to any person on
request. By January 1 of each even-numbered year, the secretary of state shall make the
forms to be used available to auditors through electronic means. An application submitted
pursuant to this subdivision shall be in writing and shall be submitted to:

deleted text begin (a) deleted text end new text begin (1) new text end the county auditor of the county where the applicant maintains residence; or

deleted text begin (b) deleted text end new text begin (2) new text end the municipal clerk of the municipality, or school district if applicable, where
the applicant maintains residence.

An application shall be approved if it is timely received, signed and dated by the
applicant, contains the applicant's name and residence and mailing addresses, and states
that the applicant is eligible to vote by absentee ballot deleted text begin for one of the reasons specified in
section 203B.02 deleted text end . The application may contain a request for the voter's date of birth, which
must not be made available for public inspection. An application may be submitted to
the county auditor or municipal clerk by an electronic facsimile device. An application
mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
by a person other than the voter must be deposited in the mail or returned in person to
the county auditor or municipal clerk within ten days after it has been dated by the voter
and no later than six days before the election. The absentee ballot applications or a list of
persons applying for an absentee ballot may not be made available for public inspection
until the close of voting on election day.

An application under this subdivision may contain an application under subdivision
5 to automatically receive an absentee ballot application.

Sec. 3.

Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to read:

Subd. 6.

Ongoing absentee status; termination new text begin ; rules new text end .

(a) An eligible voter
may apply to a county auditor or municipal clerk for status as an ongoing absentee voter deleted text begin
who reasonably expects to meet the requirements of section 203B.02, subdivision 1 deleted text end .
new text begin The voter may decline to receive an absentee ballot for one or more elections, provided
the request is received by the county auditor or municipal clerk at least five days before
the deadline in section 204B.35 for delivering ballots for the election to which it applies.
new text end Each applicant must automatically be provided with an absentee ballot deleted text begin application deleted text end for
each ensuing election new text begin , new text end other than an election by mail conducted under section 204B.45,
new text begin or as otherwise requested by the voter, new text end and must have the status of ongoing absentee voter
indicated on the voter's registration record.

(b) Ongoing absentee voter status ends on:

(1) the voter's written request;

(2) the voter's death;

(3) return of an ongoing absentee ballot as undeliverable;

(4) a change in the voter's status so that the voter is not eligible to vote under section
201.15 or 201.155; or

(5) placement of the voter's registration on inactive status under section 201.171.

new text begin (c) The secretary of state shall adopt rules governing procedures under this
subdivision.
new text end

Sec. 4.

Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read:

Subd. 3.

Delivery of ballots.

(a) If 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 new text begin , as provided in section 203B.11, subdivision 4, new text end to a
voter new text begin who would have difficulty getting to the polls because of health reasons, or who is
disabled, or new text end who is a patient in a health care facility, deleted text begin as provided in section 203B.11,
subdivision 4, deleted text end new text begin a resident of a facility providing assisted living services governed by
chapter 144G, new text end 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.

(b) 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.13, subdivision 2, or when a replacement ballot has been requested by the
voter for a ballot that has been spoiled or lost in transit.

Sec. 5.

Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read:

Subd. 2.

Design of envelopes.

The return envelope shall be of sufficient size to
conveniently enclose and contain the ballot envelope and a voter registration card folded
along its perforations. The return envelope shall be designed to open on the left-hand
end. Notwithstanding any rule to the contrary, the return envelope must be designed in
one of the following ways:

(1) it must be of sufficient size to contain an additional envelope that when sealed,
conceals the signature, identification, and other information; or

(2) it must provide an additional flap that when sealed, conceals the signature,
identification, and other information. Election officials may open the flap or the additional
envelope at any time after receiving the returned ballot to inspect the returned certificate
for completeness or to ascertain other information. A certificate of eligibility to vote by
absentee ballot shall be printed on the back of the envelope. The certificate shall contain
a statement to be signed and sworn by the voter indicating that the voter meets all of
the requirements established by law for voting by absentee ballot. new text begin If the voter was not
previously registered, new text end the certificate shall also contain a statement signed by a person who
is registered to vote in Minnesota or by a notary public or other individual authorized
to administer oaths stating that:

deleted text begin (a) deleted text end new text begin (i) new text end the ballots were displayed to that individual unmarked;

deleted text begin (b) deleted text end new text begin (ii) new text end the voter marked the ballots in that individual's presence without showing
how they were marked, or, if the voter was physically unable to mark them, that the voter
directed another individual to mark them; and

deleted text begin (c) if the voter was not previously registered, deleted text end new text begin (iii) new text end the voter has provided proof of
residence as required by section 201.061, subdivision 3.

The county auditor or municipal clerk shall affix first class postage to the return
envelopes.

Sec. 6.

Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read:

Subd. 4.

Agent delivery of ballots.

During the deleted text begin four deleted text end new text begin seven new text end days preceding an
election and until 2:00 p.m. on election day, an eligible voter new text begin who would have difficulty
getting to the polls because of health reasons, or who is disabled, or new text end who is a patient of
a health care facility, new text begin a resident of a facility providing assisted living services governed
by chapter 144G, new text end 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, may designate an agent to deliver the ballots to the voter from the
county auditor or municipal clerk. A candidate at the election may not be designated as
an agent. The voted ballots must be returned to the county auditor or municipal clerk no
later than 3:00 p.m. on election day. The voter must complete an affidavit requesting the
auditor or clerk to provide the agent with the ballots in a sealed transmittal envelope. The
affidavit must include a statement from the voter stating that the ballots were delivered to
the voter by the agent in the sealed transmittal envelope. An agent may deliver ballots to
no more than three persons in any election. The secretary of state shall provide samples of
the affidavit and transmission envelope for use by the county auditors.

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 203B.04, subdivision 5, new text end new text begin is repealed.
new text end