HF 881

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:42am

A bill for an act
relating to elections; restoring the civil rights of an individual upon release
from incarceration; requiring notice; amending Minnesota Statutes 2008,
sections 201.014, subdivision 2, by adding a subdivision; 201.091, by adding a
subdivision; 201.155; 203B.02, subdivision 1; 204C.08, subdivision 1a; 609.165,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapters
243; 630; 631.

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

Section 1.

Minnesota Statutes 2008, section 201.014, subdivision 2, is amended to read:

Subd. 2.

Not eligible.

The following individuals are not eligible to vote deleted text begin . Any
individual deleted text end :

(a) new text begin an individual new text end convicted of treason or any felony whose civil rights have not
been restored;

(b) new text begin an individual new text end under a guardianship in which the court order revokes the ward's
right to vote; or

(c) new text begin an individual new text end found by a court of law to be legally incompetent.

Sec. 2.

Minnesota Statutes 2008, section 201.014, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Felony conviction; restoration of civil rights. new text end

new text begin For purposes of this
section, an individual convicted of a felony is restored to civil rights at the time either of
the following events occur:
new text end

new text begin (1) the individual is discharged from a correctional facility; or
new text end

new text begin (2) the individual is placed on probation, parole, conditional release, or supervised
release.
new text end

Sec. 3.

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

new text begin Subd. 8a. new text end

new text begin Correctional facilities. new text end

new text begin The chief executive officer of each correctional
facility licensed under chapter 241 shall designate an official within the facility to answer
questions about and accept voter registration applications from inmates who have been
restored to civil rights according to the provisions of section 201.014, subdivision 2a.
The official must maintain an adequate supply of voter registration applications and
informational materials for this purpose. Upon receipt, the designated official shall
immediately transmit a completed voter registration application to the secretary of state.
new text end

new text begin new text end

Sec. 4.

Minnesota Statutes 2008, section 201.155, is amended to read:

201.155 REPORT ON FELONY CONVICTIONS.

Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state court
administrator shall report monthly by electronic means to the secretary of state the name,
address, date of birth, date of sentence, effective date of the sentence, and county in which
the conviction occurred of each person who has been convicted of a felony new text begin and sentenced
to a period of incarceration new text end . The state court administrator shall also report the name,
address, and date of birth of each person previously convicted of a felony whose civil
rights have been restored. The secretary of state shall determine if any of the persons in
the report is registered to vote and shall prepare a list of those registrants for each county
auditor. The county auditor shall change the status of those registrants in the appropriate
manner in the statewide registration system.

Sec. 5.

Minnesota Statutes 2008, section 203B.02, subdivision 1, is amended to read:

Subdivision 1.

Unable to go to polling place.

(a) 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 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;
new text begin detention in a correctional facility, so long as the voter maintains the right to vote; new text end or
service as an election judge in another precinct may vote by absentee ballot as provided
in sections 203B.04 to 203B.15.

(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.

Sec. 6.

Minnesota Statutes 2008, section 204C.08, subdivision 1a, is amended to read:

Subd. 1a.

Voter's Bill of Rights.

The county auditor shall prepare and provide to
each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set
forth in this section. Before the hours of voting are scheduled to begin, the election judges
shall post it in a conspicuous location or locations in the polling place. The Voter's Bill
of Rights is as follows:

"VOTER'S BILL OF RIGHTS

For all persons residing in this state who meet federal voting eligibility requirements:

(1) You have the right to be absent from work for the purpose of voting during the
morning of election day.

(2) If you are in line at your polling place any time between 7:00 a.m. and 8:00
p.m., you have the right to vote.

(3) If you can provide the required proof of residence, you have the right to register
to vote and to vote on election day.

(4) If you are unable to sign your name, you have the right to orally confirm your
identity with an election judge and to direct another person to sign your name for you.

(5) You have the right to request special assistance when voting.

(6) If you need assistance, you may be accompanied into the voting booth by a
person of your choice, except by an agent of your employer or union or a candidate.

(7) You have the right to bring your minor children into the polling place and into
the voting booth with you.

(8) deleted text begin If you have been convicted of a felony but your felony sentence has expired
(been completed) or you have been discharged from your sentence, you have the right to
vote deleted text end new text begin You have the right to vote even if you have been convicted of a felony as long as you
are not incarcerated in a correctional facility on election day new text end .

(9) If you are under a guardianship, you have the right to vote, unless the court
order revokes your right to vote.

(10) You have the right to vote without anyone in the polling place trying to
influence your vote.

(11) If you make a mistake or spoil your ballot before it is submitted, you have the
right to receive a replacement ballot and vote.

(12) You have the right to file a written complaint at your polling place if you are
dissatisfied with the way an election is being run.

(13) You have the right to take a sample ballot into the voting booth with you.

(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
booth with you."

Sec. 7.

new text begin [243.205] DISCHARGE; NOTICE OF RESTORATION OF RIGHT TO
VOTE.
new text end

new text begin Subdivision 1. new text end

new text begin Notice requirement. new text end

new text begin (a) A notice of restoration of civil rights must
be provided as follows:
new text end

new text begin (1) the chief executive officer of a correctional facility licensed under chapter 241
must provide the notice required by this section when, following a period of incarceration
for a felony offense, an inmate is discharged from the correctional facility and is no longer
under the custody of the commissioner of corrections; and
new text end

new text begin (2) a probation or parole officer must provide the notice required by this section when
an individual is placed on probation, parole, conditional release, or supervised release.
new text end

new text begin (b) The notice statement and a voter registration application must be provided at
the time of an inmate's discharge from a correctional facility or, if an individual is not
sentenced to a period of incarceration, at the time the individual is placed on parole,
probation, conditional release, or supervised release.
new text end

new text begin Subd. 2. new text end

new text begin Form of notice. new text end

new text begin The notice required by subdivision 1 must appear
substantially as follows:
new text end

new text begin "NOTICE OF RESTORATION OF CIVIL RIGHTS, INCLUDING
YOUR RIGHT TO VOTE.
new text end

new text begin Your [final discharge or placement on release/probation/parole] today means that
your civil rights have been automatically restored. This includes a restoration of your right
to vote in Minnesota. Before you can vote on election day, you still need to register to
vote. To register, complete the attached voter registration application and return it to [name
of designated official in correctional facility required by section 201.091, subdivision 8a,
or name of probation or parole officer] before you leave today, or you can fill it out later
and return it to the Office of the Minnesota Secretary of State. You can also register to
vote in your polling place on election day. You will not be permitted to cast a ballot until
you register to vote. The first time you appear at your polling place to cast a ballot, you
will be required to provide proof of your current residence."
new text end

new text begin Subd. 3. new text end

new text begin Failure to provide notice. new text end

new text begin A failure to provide proper notice and a voter
registration application as required by this section does not prevent the restoration of an
inmate's civil rights upon discharge or release as provided in section 201.014, subdivision
2a.
new text end

Sec. 8.

Minnesota Statutes 2008, section 609.165, subdivision 1, is amended to read:

Subdivision 1.

Restoration.

When a person has been deprived of civil rights
by reason of conviction of a crime and is thereafter discharged, such discharge shall
restore the person to all civil rights and to full citizenship, with full right to vote and hold
office, the same as if such conviction had not taken place, and the order of discharge
shall so provide. new text begin The order of discharge shall contain the notice of restoration statement
as required by section 243.205.
new text end

Sec. 9.

new text begin [630.125] DEFENDANT; NOTICE OF LOSS OF CIVIL RIGHTS UPON
CONVICTION.
new text end

new text begin At the time of arraignment, prior to the court's acceptance of a plea from the
defendant, the court must notify the defendant that a guilty plea or conviction following
trial will result in a loss of the defendant's civil rights, including the right to vote, only if
and for as long as the person is incarcerated in a correctional facility.
new text end

Sec. 10.

new text begin [631.405] NOTICE OF LOSS OF CIVIL RIGHTS.
new text end

new text begin Prior to imposition of a sentence upon conviction of a felony, the court shall notify
the defendant that the sentence will result in a loss of the defendant's civil rights, including
the right to vote, for as long as the defendant is incarcerated in a correctional facility. The
court must also notify the defendant that the defendant's civil rights will be automatically
restored upon discharge from the correctional facility, or placement on parole, probation,
supervised release, or conditional release from the facility.
new text end

Sec. 11. new text begin DUTIES OF SECRETARY OF STATE.
new text end

new text begin (a) The secretary of state shall develop and implement a program to educate
attorneys, judges, election officials, correction officials, parole and probation officers, and
members of the public about the requirements of this act. The program must ensure that:
new text end

new text begin (1) judges are informed of their obligation to notify criminal defendants of the
potential loss and restoration of their voting rights;
new text end

new text begin (2) the Department of Corrections and officials within each correctional facility
are prepared to assist an inmate who is restored to civil rights in completing a voter
registration application, providing additional informational materials as necessary, and
transmitting a completed application to the secretary of state;
new text end

new text begin (3) probation and parole officers are informed of the changes in the law and are
prepared to notify persons under conditional release, supervised release, probation, or
parole supervision of their voting rights; and
new text end

new text begin (4) accurate and complete information about the voting rights of people who have
been charged with or convicted of a crime is made available, in a single publication, to
government officials and members of the public.
new text end

new text begin (b) The secretary of state shall modify the voter registration application as necessary
to make clear that individuals lose their eligibility to vote only while they are serving a
felony sentence in a correctional facility.
new text end

new text begin (c) The secretary of state may adopt rules as necessary to implement the requirements
of this act.
new text end

Sec. 12. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 11 are effective August 1, 2009, and apply to all persons discharged
from a correctional facility and to all persons placed or currently on parole, probation,
conditional release, or supervised release on or after that date.
new text end