HF 817

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:42am

A bill for an act
relating to elections; expanding requirements for postsecondary institutions to
report resident student information to the secretary of state for voter registration
purposes; amending Minnesota Statutes 2008, sections 135A.17, subdivision
2; 201.061, subdivisions 1, 3; 201.071, subdivision 1; 201.091, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2008, section 135A.17, subdivision 2, is amended to
read:

Subd. 2.

Residential housing list.

deleted text begin All postsecondary institutions that enroll students
accepting state or federal financial aid may deleted text end new text begin (a) Institutions within the Minnesota State
Colleges and Universities system must new text end prepare a current list of students enrolled in the
institution and residing deleted text begin in the institution's housing or deleted text end within deleted text begin ten miles of the institution's
campus deleted text end new text begin Minnesota new text end . The list deleted text begin shall deleted text end new text begin must new text end include each student's new text begin name and new text end current address new text begin
as permitted by applicable privacy laws new text end . The list deleted text begin shall deleted text end new text begin must new text end be certified and sent to the
deleted text begin appropriate county auditor or auditors deleted text end new text begin secretary of state no earlier than 30 and no later than
25 days prior to the November general election, in an electronic format specified by the
secretary of state, new text end for use in election day registration as provided under section 201.061,
subdivision 3. new text begin The certification must be dated and signed by the chief officer or designee
of the postsecondary educational institution, or for institutions within the Minnesota
State Colleges and Universities system, by the chancellor, and must state that the list is
current and accurate and includes only the names of currently enrolled students residing in
Minnesota as of the date of certification. The secretary of state must combine the data
received from each postsecondary educational institution under this subdivision and must
process the data to locate the precinct in which the address provided for each student is
located. If the data submitted by the postsecondary educational institution is insufficient
for the secretary of state to locate the proper precinct, the associated student name must
not appear in any list forwarded to a county auditor under this subdivision.
new text end

new text begin At least 14 days prior to the November general election, the secretary of state
must forward to the appropriate county auditor lists of students containing the students'
names and addresses for which precinct determinations have been made along with their
postsecondary educational institutions. The list must be sorted by precinct and student
last name and must be forwarded in an electronic format specified by the secretary of
state or other mutually agreed upon medium, if a written agreement specifying the
medium is signed by the secretary of state and the county auditor at least 90 days before
the November general election. A written agreement is effective for all elections until
rescinded by either the secretary of state or the county auditor.
new text end

new text begin (b) Other postsecondary institutions may provide lists as provided by this subdivision
or as provided by the rules of the secretary of state. The University of Minnesota is
requested to comply with this subdivision.
new text end

new text begin (c) new text end A residential housing list provided under this subdivision may not be used or
disseminated by a county auditor or the secretary of state for any other purpose.

Sec. 2.

Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:

Subdivision 1.

Prior to election day.

At any time except during the 20 days
immediately preceding any regularly scheduled election, an eligible voter or any
individual who will be an eligible voter at the time of the next election may register to vote
in the precinct in which the voter maintains residence by completing a voter registration
application as described in section 201.071, subdivision 1, and submitting it in person or
by mail to the county auditor of that county or to the Secretary of State's Office. new text begin If the Web
site maintained by the secretary of state provides a process for it, an individual who has
a Minnesota driver's license, identification card, or learner's permit may register online.
new text end A registration that is received no later than 5:00 p.m. on the 21st day preceding any
election shall be accepted. An improperly addressed or delivered registration application
shall be forwarded within two working days after receipt to the county auditor of the
county where the voter maintains residence. A state or local agency or an individual that
accepts completed voter registration applications from a voter must submit the completed
applications to the secretary of state or the appropriate county auditor within ten days
after the applications are dated by the voter.

For purposes of this section, mail registration is defined as a voter registration
application delivered to the secretary of state, county auditor, or municipal clerk by the
United States Postal Service or a commercial carrier.

Sec. 3.

Minnesota Statutes 2008, 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 residence.
An individual may prove residence for purposes of registering by:

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

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

(3) presenting one of the following:

(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 deleted text begin and certified to the county auditor deleted text end new text begin or new text end in the manner provided in rules of
the secretary of state; or

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

(4) having a voter who is registered to vote in the precinct, or who is 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 15 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 voter is registered to vote in the precinct, personally knows that the
individual is a resident of the precinct, and is making the statement on oath. The form must
include a space for the voter's printed name, signature, telephone number, and address.

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

(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.

(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; group residential housing 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.

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

(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

(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.

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 4.

Minnesota Statutes 2008, section 201.071, subdivision 1, is amended to read:

Subdivision 1.

Form.

A voter registration application must deleted text begin be of suitable size and
weight for mailing and deleted text end contain spaces for the following required information: voter's first
name, middle name, and last name; voter's previous name, if any; voter's current address;
voter's previous address, if any; voter's date of birth; voter's municipality and county of
residence; voter's telephone number, if provided by the voter; date of registration; current
and valid Minnesota driver's license number or Minnesota state identification number,
or if the voter has no current and valid Minnesota driver's license or Minnesota state
identification, new text begin and new text end the last four digits of the voter's Social Security number deleted text begin ; and voter's
signature deleted text end . The registration application may include the voter's e-mail address, if provided
by the voter, and the voter's interest in serving as an election judge, if indicated by the
voter. The application must also contain the following certification of voter eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my
right to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) have the right to vote because, if I have been convicted of a felony, my felony
sentence has expired (been completed) or I have been discharged from my sentence; and

(8) have read and understand the following statement: that giving false information
is a felony punishable by not more than five years imprisonment or a fine of not more
than $10,000, or both."

The certification must include boxes for the voter to respond to the following
questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

new text begin A paper voter registration application must include space for the voter's signature.
Paper voter registration applications, other than those used for election day registration,
must be of suitable size and weight for mailing.
new text end

Sec. 5.

Minnesota Statutes 2008, section 201.091, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Registration confirmation to registered voter. new text end

new text begin The secretary of state
must ensure that the secretary of state's Web site is capable of providing voter registration
confirmation to a registered voter. An individual requesting registration confirmation must
provide the individual's name, address, and date of birth. If the information provided by
the individual completely matches an active voter record in the statewide voter registration
system, the Web site must inform the individual that the individual is a registered voter and
must provide the individual with the individual's polling place location. If the information
provided by the individual does not completely match an active voter record in the
statewide voter registration system, the Web site must inform the individual that a voter
record with that name and date of birth at the address provided cannot be confirmed and the
Web site must advise the individual to contact the county auditor for further information.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the Web site has been tested, has been shown to properly retrieve information
from the correct voter's record, and can handle the expected volume of use.
new text end