HF 831

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; making it easier to vote by
absentee ballot; amending Minnesota Statutes 2004,
sections 203B.02, subdivision 1; 203B.04, subdivision
1; 203B.06, subdivision 3; 203B.11, subdivision 4.

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

Section 1.

Minnesota Statutes 2004, 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 .

Any eligible voter who reasonably expects
to be unable to go to the polling place on election day in the
precinct where the individual maintains residence deleted text begin because of
absence from the precinct, illness, 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.

Sec. 2.

Minnesota Statutes 2004, 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 in the rules of the secretary of state and shall
furnish them to any person on request. 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 2004, section 203B.06,
subdivision 3, is amended to read:

Subd. 3.

Delivery of ballots.

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:

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

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

deleted text begin (b) deleted text end new text begin (3) new text end deliver the absentee ballots directly to the voter
if the application is submitted in person; or

deleted text begin (c) deleted text end new text begin (4) new text end deliver the absentee ballots in a sealed
transmittal envelope to an agent who has been designated to
bring the ballots to a voter new text begin who is disabled or new text end who is a patient
in a health care facility new text begin or a participant in a residential
program for adults new text end , as provided in section 203B.11, subdivision
4.

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 deleted text begin or deleted text end new text begin , shipped, or new text end 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. 4.

Minnesota Statutes 2004, section 203B.11,
subdivision 4, is amended to read:

Subd. 4.

Agent delivery of ballots.

During the four days
preceding an election and until 2:00 p.m. on election day, an
eligible voter new text begin who is disabled or new text end who is a patient of a health
care facility new text begin or is a participant in a residential program for
adults licensed under section 245A.02, subdivision 14, new text end 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.