HF 901

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; regulating election day 
  1.3             registrations; clarifying voting provisions for 
  1.4             overseas voters; expanding the use of facsimile 
  1.5             applications for absentee ballots; providing for the 
  1.6             translation of voting instructions; requiring 
  1.7             verification of an applicant's identity for purposes 
  1.8             of permanent registration; requiring the licensing of 
  1.9             a touch-sensitive direct recording voting system; 
  1.10            providing for a decennial voting equipment report; 
  1.11            amending Minnesota Statutes 2000, sections 201.061, 
  1.12            subdivision 3; 203B.04, subdivision 1; 203B.16, 
  1.13            subdivision 1; 203B.17, subdivision 1; 204B.22, 
  1.14            subdivision 3; 204B.27, by adding a subdivision; 
  1.15            204C.10; 204D.11, subdivision 4; 206.81; proposing 
  1.16            coding for new law in Minnesota Statutes, chapter 206; 
  1.17            repealing Minnesota Statutes 2000, section 204C.15, 
  1.18            subdivision 2a. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 2000, section 201.061, 
  1.21  subdivision 3, is amended to read: 
  1.22     Subd. 3.  [ELECTION DAY REGISTRATION.] (a) An individual 
  1.23  who is eligible to vote may register on election day by 
  1.24  appearing in person at the polling place for the precinct in 
  1.25  which the individual maintains residence, by completing a 
  1.26  registration card, making an oath in the form prescribed by the 
  1.27  secretary of state and providing proof of identification and 
  1.28  residence.  
  1.29     (b) An individual may prove residence identity for purposes 
  1.30  of registering by showing one of the following: 
  1.31     (1) showing a driver's license or Minnesota identification 
  1.32  card issued pursuant to section 171.07; 
  2.1      (2) showing any document approved by the secretary of state 
  2.2   as proper a United States passport or military identification; 
  2.3      (3) showing one of the following: 
  2.4      (i) a current valid student identification card from a 
  2.5   post-secondary educational institution in Minnesota, if a list 
  2.6   of students from that institution has been prepared under 
  2.7   section 135A.17 and certified to the county auditor in the 
  2.8   manner provided in rules of the secretary of state; 
  2.9      (4) a current valid employee photo identification card 
  2.10  issued by the state or by a political subdivision; or 
  2.11     (ii) (5) a current valid photo identification card issued 
  2.12  by the health department to recipients of medical assistance; or 
  2.13     (6) an identification card issued by the tribal government 
  2.14  of a tribe recognized by the Bureau of Indian Affairs, 
  2.15  Department of the Interior, that contains the name, residence 
  2.16  address, signature, date of birth, and picture of the individual.
  2.17     (c) In addition, an individual may prove residence for 
  2.18  purposes of registration if the document shown in compliance 
  2.19  with paragraph (b) does not contain the individual's current 
  2.20  residence address by providing one of the following: 
  2.21     (1) an electric, water, natural gas, garbage, sewer, 
  2.22  telephone, or cable television bill that is due within 30 days 
  2.23  after election day; 
  2.24     (2) a Minnesota driver's license, learner's permit, or 
  2.25  identification card, or a receipt for one of these; 
  2.26     (3) notice of late voter registration; 
  2.27     (4) a student list prepared under section 135A.17 and 
  2.28  certified to the county auditor in the manner provided in rules 
  2.29  of the secretary of state; 
  2.30     (5) an identification card issued by the tribal government 
  2.31  of a tribe recognized by the Bureau of Indian Affairs, 
  2.32  Department of the Interior, that contains the name, residence 
  2.33  address, signature, date of birth, and picture of the 
  2.34  individual; 
  2.35     (6) a current student fee statement that contains the 
  2.36  student's valid address in the precinct together with a picture 
  3.1   identification card; or 
  3.2      (4) (7) having a voter who is registered to vote in the 
  3.3   precinct sign an oath in the presence of the election judge 
  3.4   vouching that the voter personally knows that the individual is 
  3.5   a resident of the precinct.  A voter who has been vouched for on 
  3.6   election day may not sign a proof of residence oath vouching for 
  3.7   any other individual on that election day. 
  3.8      (d) A county, school district, or municipality may must 
  3.9   require that an election judge responsible for election day 
  3.10  registration initial each completed registration card. 
  3.11     Sec. 2.  Minnesota Statutes 2000, section 203B.04, 
  3.12  subdivision 1, is amended to read: 
  3.13     Subdivision 1.  [APPLICATION PROCEDURES.] Except as 
  3.14  otherwise allowed by subdivision 2, an application for absentee 
  3.15  ballots for any election may be submitted at any time not less 
  3.16  than one day before the day of that election.  The county 
  3.17  auditor shall prepare absentee ballot application forms in the 
  3.18  format provided in the rules of the secretary of state and shall 
  3.19  furnish them to any person on request.  An application submitted 
  3.20  pursuant to this subdivision shall be in writing and shall be 
  3.21  submitted to:  
  3.22     (a) the county auditor of the county where the applicant 
  3.23  maintains residence; or 
  3.24     (b) the municipal clerk of the municipality, or school 
  3.25  district if applicable, where the applicant maintains residence. 
  3.26     An application shall be approved if it is timely received, 
  3.27  signed and dated by the applicant, contains the applicant's name 
  3.28  and residence and mailing addresses, and states that the 
  3.29  applicant is eligible to vote by absentee ballot for one of the 
  3.30  reasons specified in section 203B.02.  The application may 
  3.31  contain a request for the voter's date of birth, which must not 
  3.32  be made available for public inspection.  An application may be 
  3.33  submitted to the county auditor or municipal clerk by an 
  3.34  electronic facsimile device, at the discretion of the auditor or 
  3.35  clerk.  An application mailed or returned in person to the 
  3.36  county auditor or municipal clerk on behalf of a voter by a 
  4.1   person other than the voter must be deposited in the mail or 
  4.2   returned in person to the county auditor or municipal clerk 
  4.3   within ten days after it has been dated by the voter and no 
  4.4   later than six days before the election.  The absentee ballot 
  4.5   applications or a list of persons applying for an absentee 
  4.6   ballot may not be made available for public inspection until the 
  4.7   close of voting on election day. 
  4.8      Sec. 3.  Minnesota Statutes 2000, section 203B.16, 
  4.9   subdivision 1, is amended to read: 
  4.10     Subdivision 1.  [MILITARY SERVICE; TEMPORARY RESIDENCE 
  4.11  OUTSIDE UNITED STATES.] Sections 203B.16 to 203B.27 provide 
  4.12  alternative voting procedures for eligible voters who are absent 
  4.13  from the precinct where they maintain residence because they are:
  4.14     (a) (1) either in the military or the spouses or dependents 
  4.15  of individuals serving in the military; or 
  4.16     (b) (2) temporarily outside the territorial limits of the 
  4.17  United States. 
  4.18     Sections 203B.16 to 203B.27 are intended to implement the 
  4.19  federal Uniformed and Overseas Citizens Absentee Voting Act, 
  4.20  United States Code, title 42, section 1973ff. 
  4.21     Sec. 4.  Minnesota Statutes 2000, section 203B.17, 
  4.22  subdivision 1, is amended to read: 
  4.23     Subdivision 1.  [SUBMISSION OF APPLICATION.] (a) An 
  4.24  application for absentee ballots for a voter described in 
  4.25  section 203B.16 may be submitted in writing or by electronic 
  4.26  facsimile device.  An application for absentee ballots for a 
  4.27  voter described in section 203B.16 may be submitted by that 
  4.28  voter or by that voter's parent, spouse, sister, brother, or 
  4.29  child over the age of 18 years.  For purposes of an application 
  4.30  under this subdivision, a person's social security number, no 
  4.31  matter how it is designated, qualifies as the person's military 
  4.32  identification number if the person is in the military. 
  4.33     (b) An application for a voter described in section 
  4.34  203B.16, subdivision 1, shall be submitted to the county auditor 
  4.35  of the county where the voter maintains residence. 
  4.36     (c) An application for a voter described in section 
  5.1   203B.16, subdivision 2, shall be submitted to the county auditor 
  5.2   of the county where the voter last maintained residence in 
  5.3   Minnesota. 
  5.4      (d) An application for absentee ballots for a primary shall 
  5.5   also constitute an application for absentee ballots for the any 
  5.6   ensuing general or special election conducted during the same 
  5.7   calendar year in which the application is received. 
  5.8      (e) There shall be no limitation of time for filing and 
  5.9   receiving applications for ballots under sections 203B.16 to 
  5.10  203B.27.  
  5.11     Sec. 5.  Minnesota Statutes 2000, section 204B.22, 
  5.12  subdivision 3, is amended to read: 
  5.13     Subd. 3.  [MINIMUM NUMBER REQUIRED IN CERTAIN PRECINCTS.] 
  5.14  At each state primary or state general election in precincts 
  5.15  using lever voting machines or an electronic voting system with 
  5.16  marking devices and in which more than 400 votes were cast at 
  5.17  the last similar election, the minimum number of election judges 
  5.18  is three plus one judge to demonstrate the use of the voting 
  5.19  machine or device. 
  5.20     Sec. 6.  Minnesota Statutes 2000, section 204B.27, is 
  5.21  amended by adding a subdivision to read: 
  5.22     Subd. 11.  [TRANSLATION OF VOTING INSTRUCTIONS.] The 
  5.23  secretary of state may develop voting instructions in languages 
  5.24  other than English, to be posted and made available in polling 
  5.25  places during elections.  The secretary of state shall determine 
  5.26  which languages are so common in Minnesota that there is a need 
  5.27  for translated voting instructions. 
  5.28     Sec. 7.  Minnesota Statutes 2000, section 204C.10, is 
  5.29  amended to read: 
  5.30     204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 
  5.31  REGISTRATION.] 
  5.32     (a) An individual seeking to vote shall sign a polling 
  5.33  place roster which states that the individual is at least 18 
  5.34  years of age, a citizen of the United States, has resided in 
  5.35  Minnesota for 20 days immediately preceding the election, 
  5.36  certifies residence at the address shown, is not under 
  6.1   guardianship of the person, has not been found by a court of law 
  6.2   to be legally incompetent to vote or convicted of a felony 
  6.3   without having civil rights restored, is registered and has not 
  6.4   already voted in the election.  
  6.5      (b) A judge may shall, before the applicant signs the 
  6.6   roster, confirm the applicant's identity by requiring a picture 
  6.7   identification card or document issued by the United States or 
  6.8   Minnesota or an identification card issued by the tribal 
  6.9   government of a tribe recognized by the Bureau of Indian 
  6.10  Affairs, Department of the Interior, and may confirm the 
  6.11  applicant's name, address, and date of birth.  If an applicant 
  6.12  does not have a card or document described by this section, the 
  6.13  applicant may sign the roster after executing an affidavit 
  6.14  before the judge.  The affidavit must state: 
  6.15     (1) the name of the applicant; 
  6.16     (2) that the applicant does not have a picture 
  6.17  identification card or document issued by the United States or 
  6.18  Minnesota or an identification card issued by the tribal 
  6.19  government of a tribe recognized by the Bureau of Indian 
  6.20  Affairs, Department of the Interior, that contains the name, 
  6.21  residence address, signature, date of birth, and picture of the 
  6.22  applicant; and 
  6.23     (3) that the applicant swears or affirms that the applicant 
  6.24  is the same individual whose name is listed on the roster for 
  6.25  this precinct. 
  6.26     (c) After the applicant signs the roster, the judge shall 
  6.27  give the applicant a voter's receipt.  The voter shall deliver 
  6.28  the voter's receipt to the judge in charge of ballots as proof 
  6.29  of the voter's right to vote, and thereupon the judge shall hand 
  6.30  to the voter the ballot.  The voters' receipts must be 
  6.31  maintained during the time for notice of filing an election 
  6.32  contest. 
  6.33     [EFFECTIVE DATE.] This section is effective April 1, 2002. 
  6.34     Sec. 8.  Minnesota Statutes 2000, section 204D.11, 
  6.35  subdivision 4, is amended to read: 
  6.36     Subd. 4.  [SPECIAL FEDERAL WHITE BALLOT.] (a) The names of 
  7.1   all candidates for the offices of president and vice-president 
  7.2   of the United States and senator and representative in Congress 
  7.3   shall be placed on a ballot printed on white paper which shall 
  7.4   be known as the "special federal white ballot." 
  7.5      (b) This ballot shall be prepared by the county auditor in 
  7.6   the same manner as the white ballot and shall be subject to the 
  7.7   rules adopted by the secretary of state pursuant to subdivision 
  7.8   1.  This ballot must be prepared and furnished in accordance 
  7.9   with the federal Uniformed and Overseas Citizens Absentee Voting 
  7.10  Act, United States Code, title 42, section 1973ff. 
  7.11     (c) The special federal white ballot shall be the only 
  7.12  ballot sent to citizens of the United States who are eligible to 
  7.13  vote by absentee ballot for federal candidates in Minnesota. 
  7.14     Sec. 9.  Minnesota Statutes 2000, section 206.81, is 
  7.15  amended to read: 
  7.16     206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 
  7.17     (a) The secretary of state may license an electronic voting 
  7.18  system for experimental use at an election prior to its approval 
  7.19  for general use. 
  7.20     (b) The secretary of state must license a touch-sensitive 
  7.21  direct recording electronic voting system for experimental use 
  7.22  at an election before its approval for general use, and may 
  7.23  impose restrictions on its use.  A voting system used under this 
  7.24  paragraph must permit a blind or visually impaired voter to cast 
  7.25  a ballot independently and privately. 
  7.26     (c) Experimental use must be observed by the secretary of 
  7.27  state or the secretary's designee and the results observed must 
  7.28  be considered at any subsequent proceedings for approval for 
  7.29  general use. 
  7.30     (d) The secretary of state may adopt rules consistent with 
  7.31  sections 206.55 to 206.90 relating to experimental use.  The 
  7.32  extent of experimental use must be determined by the secretary 
  7.33  of state. 
  7.34     Sec. 10.  [206.91] [VOTING EQUIPMENT DECENNIAL REPORT.] 
  7.35     By December 31 in each year ending in one, the secretary of 
  7.36  state shall file a report with the legislature regarding the 
  8.1   voting equipment used in Minnesota.  This report must: 
  8.2      (1) identify the voting equipment used in each precinct, as 
  8.3   reported to the secretary of state by each county auditor; and 
  8.4      (2) include any recommendations from the secretary 
  8.5   regarding improvements in voting system technology that may 
  8.6   require the modification or replacement of voting systems 
  8.7   currently used in Minnesota. 
  8.8      [EFFECTIVE DATE.] This section is effective January 1, 2002.
  8.9      Sec. 11.  [REPEALER.] 
  8.10     Minnesota Statutes 2000, section 204C.15, subdivision 2a, 
  8.11  is repealed.