as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to elections; providing for conformity with 1.3 the federal Help America Vote Act; creating a 1.4 complaint process; imposing a penalty; amending 1.5 Minnesota Statutes 2002, sections 201.021; 201.022; 1.6 201.061, subdivision 1, by adding subdivisions; 1.7 201.071, subdivisions 1, 3, by adding a subdivision; 1.8 201.091, subdivisions 4, 5; 201.121, subdivision 1; 1.9 201.13, subdivision 1; 201.15; 201.155; 201.161; 1.10 201.171; 201.221, subdivisions 2, 3; 203B.06, 1.11 subdivision 4; 203B.08, subdivision 3; 203B.12, 1.12 subdivision 2; 203B.16, by adding a subdivision; 1.13 203B.17; 203B.19; 203B.24, subdivision 2; 203B.26; 1.14 204B.47; 204C.10; 206.57, by adding subdivisions; 1.15 206.81; proposing coding for new law in Minnesota 1.16 Statutes, chapters 200; 201; 204C. 1.17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.18 Section 1. [200.04] [HELP AMERICA VOTE ACT COMPLAINTS.] 1.19 Subdivision 1. [PROCEDURE.] The secretary of state shall 1.20 establish a procedure for the review of complaints regarding the 1.21 administration of Title III of the Help America Vote Act of 1.22 2002, Public Law 107-252, including complaints about voting 1.23 system standards, computerized statewide registration lists and 1.24 equipment, voter registration requirements, and other features 1.25 of state implementation of that act. The secretary of state 1.26 shall provide a complaint form that requires the signature of 1.27 the complainant, an affidavit and notarization, and the 1.28 attachment of any supporting documentation. 1.29 Subd. 2. [POLITICAL SUBDIVISIONS.] (a) The procedure in 1.30 this subdivision applies if a complaint under subdivision 1 1.31 pertains to a town, city, school, or county employee or official. 2.1 (b) The secretary of state must provide the town clerk, 2.2 city clerk, school district clerk, or county auditor with a copy 2.3 of the complaint within three business days of receiving it. 2.4 (c) The town clerk, city clerk, school district clerk, or 2.5 county auditor has 20 days to either reach an agreement with the 2.6 complainant or file a written response to the complaint with the 2.7 secretary of state. 2.8 (d) The secretary of state shall provide the complainant 2.9 with a copy of the response and an opportunity for an informal 2.10 hearing. 2.11 (e) If an informal hearing is requested, the town clerk, 2.12 city clerk, school district clerk, or county auditor must be 2.13 given notice and the opportunity to participate. 2.14 (f) The secretary of state shall issue a final 2.15 determination, and, if necessary, a remedial plan, no later than 2.16 90 days after the filing of the complaint. If the secretary of 2.17 state fails to issue the determination within 90 days, the 2.18 secretary of state must provide alternative dispute resolution 2.19 for the disposition of the complaint. That process must be 2.20 completed within 60 days of its commencement. 2.21 Subd. 3. [SECRETARY OF STATE.] (a) The procedure in this 2.22 subdivision applies if a complaint under subdivision 1 pertains 2.23 to the secretary of state. 2.24 (b) The secretary of state must forward the complaint to 2.25 the office of administrative hearings within three business days 2.26 of receiving it. 2.27 (c) The secretary of state has 20 days to either reach an 2.28 agreement with the complainant or file a written response to the 2.29 complaint with the office of administrative hearings. 2.30 (d) The office of administrative hearings must provide the 2.31 complainant with a copy of the response and an opportunity for 2.32 an informal hearing. 2.33 (e) If an informal hearing is requested, the secretary of 2.34 state must be given notice and an opportunity to participate. 2.35 (f) The office of administrative hearings must issue a 2.36 final determination and remedial plan if necessary no later than 3.1 90 days after the filing of the complaint. If the office of 3.2 administrative hearings fails to issue the determination within 3.3 90 days, it must provide alternative dispute resolution for the 3.4 disposition of the complaint. That process must be completed 3.5 within 60 days of its commencement. 3.6 (g) The office of administrative hearings may not charge a 3.7 fee to any party to an action under this section. 3.8 Subd. 4. [APPLICATION OF CHAPTER 14.] Proceedings under 3.9 this section are not subject to chapter 14. 3.10 Subd. 5. [APPEAL.] A determination made under subdivision 3.11 2 is not an agency determination subject to appellate review. 3.12 Either party may initiate an appeal from the secretary of 3.13 state's final order in the district court in the county where 3.14 the town, city, or county employee or official is employed. 3.15 Subd. 6. [REVIEW.] A determination made under subdivision 3.16 3 is subject to appellate review. 3.17 Sec. 2. Minnesota Statutes 2002, section 201.021, is 3.18 amended to read: 3.19 201.021 [PERMANENT REGISTRATION SYSTEM.] 3.20 A permanent system of voter registration by county is 3.21 established, with
the county systems linked together by a3.22 centralized statewide systema single, official, centralized, 3.23 interactive computerized statewide voter registration list 3.24 defined, maintained, and administered at the state level that 3.25 contains the name and registration information of every legally 3.26 registered voter in the state, and assigns a unique identifier 3.27 to each legally registered voter in the state. The interactive 3.28 computerized statewide voter registration list constitutes the 3.29 official list of every legally registered voter in the state. 3.30 The county auditor shall be chief registrar of voters and the 3.31 chief custodian of the official registration records in each 3.32 county. The secretary of state is responsible for defining, 3.33 maintaining, and administering the centralized system. 3.34 Sec. 3. Minnesota Statutes 2002, section 201.022, is 3.35 amended to read: 3.36 201.022 [STATEWIDE REGISTRATION SYSTEM.] 4.1 Subdivision 1. [ESTABLISHMENT.] The secretary of state 4.2 shall maintain a statewide voter registration system to 4.3 facilitate voter registration and to provide a central database 4.4 containing voter registration information from around the 4.5 state. The system must be accessible to the county auditor of 4.6 each county in the state. The system must also: 4.7 (1) provide for voters to submit their registration to any 4.8 county auditor, the secretary of state, or the department of 4.9 public safety; 4.10 (2) provide for the definition, establishment, and 4.11 maintenance of a central database for all voter registration 4.12 information; 4.13 (3) provide for entering data into the statewide 4.14 registration system; 4.15 (4) provide for electronic transfer of completed voter 4.16 registration forms from the department of public safety to the 4.17 secretary of state or the county auditor; 4.18 (5) assign a unique identifier to each legally registered 4.19 voter in the state; 4.20 (6) provide for the acceptance of the Minnesota driver's 4.21 license number, Minnesota state identification number, and last 4.22 four digits of the social security number for each voter record; 4.23 (7) coordinate with other agency databases within the 4.24 state; 4.25 (8) allow county auditors and the secretary of state to 4.26 add, modify, and delete information from the system to provide 4.27 for accurate and up-to-date records; 4.28 (9) allow county auditors, municipal and school district 4.29 clerks, and the secretary of state to have electronic access to 4.30 the statewide registration system for review and search 4.31 capabilities; 4.32 (10) provide security and protection of all information in 4.33 the statewide registration system and ensure that unauthorized 4.34 access is not allowed; and 4.35 (11) provide a system for each county to identify the 4.36 precinct to which a voter should be assigned for voting purposes. 5.1 The appropriate state or local official shall provide security 5.2 measures to prevent unauthorized access to the computerized list 5.3 established under section 201.021. The secretary of state shall 5.4 establish a system of file maintenance that makes reasonable 5.5 effort to remove registrants who are ineligible to vote from the 5.6 official list of eligible voters. 5.7 Subd. 2. [RULES.] The secretary of state shall make 5.8 permanent rules necessary to administer the system required in 5.9 subdivision 1. The rules must at least:5.10 (1) provide for voters to submit their registration to any5.11 county auditor, the secretary of state, or the department of5.12 public safety;5.13 (2) provide for the establishment and maintenance of a5.14 central database for all voter registration information;5.15 (3) provide procedures for entering data into the statewide5.16 registration system;5.17 (4) provide for interaction with the computerized driver's5.18 license records of the department of public safety;5.19 (5) allow the offices of all county auditors and the5.20 secretary of state to add, modify, and delete information from5.21 the system to provide for accurate and up-to-date records;5.22 (6) allow the offices of all county auditors and the5.23 secretary of state's office to have access to the statewide5.24 registration system for review and search capabilities;5.25 (7) provide security and protection of all information in5.26 the statewide registration system and to ensure that5.27 unauthorized entry is not allowed;5.28 (8) provide a system for each county to identify the5.29 precinct to which a voter should be assigned for voting5.30 purposes; and5.31 (9) prescribe a procedure for the return of completed voter5.32 registration forms from the department of public safety to the5.33 secretary of state or the county auditor.5.34 [EFFECTIVE DATE.] This section is effective January 1, 5.35 2006, if a federal waiver is requested and approved, or January 5.36 1, 2004, if a federal waiver is not requested or not approved. 6.1 Sec. 4. Minnesota Statutes 2002, section 201.061, 6.2 subdivision 1, is amended to read: 6.3 Subdivision 1. [REGISTRATION IN PERSON PRIOR TO ELECTION 6.4 DAY.] At any time except during the 20 days immediately 6.5 preceding any election, an eligible voter or any individual who 6.6 will be an eligible voter at the time of the next election may 6.7 register to vote in the precinct in which the voter maintains 6.8 residence by completing a registration card and submitting it in 6.9 person or by mailto the county auditor of that county or to the 6.10 secretary of state's office. A registration that is received no6.11 later than 5:00 p.m. on the 21st day preceding any election6.12 shall be accepted. An improperly addressed or delivered6.13 registration card shall be forwarded within two working days6.14 after receipt to the county auditor of the county where the6.15 voter maintains residence. A state or local agency or an6.16 individual that accepts completed voter registration cards from6.17 a voter must submit the completed cards to the secretary of6.18 state or the appropriate county auditor within ten days after6.19 the cards are dated by the voter.6.20 Sec. 5. Minnesota Statutes 2002, section 201.061, is 6.21 amended by adding a subdivision to read: 6.22 Subd. 1a. [REGISTRATION BY MAIL PRIOR TO ELECTION DAY.] At 6.23 any time except during the 20 days immediately preceding any 6.24 election, an eligible voter or any individual who will be an 6.25 eligible voter at the time of the next election may register to 6.26 vote in the precinct in which the voter maintains residence by 6.27 completing a registration card and submitting it by mail to the 6.28 county auditor of that county or to the secretary of state's 6.29 office. If the voter has not previously voted in Minnesota for 6.30 federal office, the voter must also provide a copy of current 6.31 and valid photo identification or copy of current utility bill, 6.32 bank statement, government check, paycheck, or other government 6.33 document that shows the name and address of the voter. 6.34 If the county auditor determines that a voter who has 6.35 submitted a registration card by mail and has not previously 6.36 voted in Minnesota for a federal office has also not provided a 7.1 copy of current utility bill, bank statement, government check, 7.2 paycheck, or other government document that shows the name and 7.3 address of the voter to the auditor, then the county auditor 7.4 must notify the voter to complete registration by using one of 7.5 the following methods: 7.6 (1) present or provide to the auditor prior to 20 days 7.7 before the election a copy of current and valid photo 7.8 identification or copy of current utility bill, bank statement, 7.9 government check, paycheck, or other government document that 7.10 shows the name and address of the voter; 7.11 (2) prior to voting in person on election day, present to 7.12 the election judges in the precinct, a current and valid photo 7.13 identification or a current utility bill, bank statement, 7.14 government check, paycheck, or other government document that 7.15 shows the name and address of the voter; 7.16 (3) register in person prior to or on election day; 7.17 (4) if voting by mail, include a copy of current and valid 7.18 photo identification or copy of current utility bill, bank 7.19 statement, government check, paycheck, or other government 7.20 document that shows the name and address of the voter; or 7.21 (5) if voting by mail, follow election day registration 7.22 procedures for absentee voters as described in section 203B.04, 7.23 subdivision 4. 7.24 Sec. 6. Minnesota Statutes 2002, section 201.061, is 7.25 amended by adding a subdivision to read: 7.26 Subd. 1b. [DUTY TO FORWARD.] A registration that is 7.27 received no later than 5:00 p.m. on the 21st day preceding any 7.28 election shall be accepted. An improperly addressed or 7.29 delivered registration card shall be forwarded within two 7.30 working days after receipt to the county auditor of the county 7.31 where the voter maintains residence. A state or local agency or 7.32 an individual that accepts completed voter registration cards 7.33 from a voter must submit the completed cards to the secretary of 7.34 state or the appropriate county auditor within ten days after 7.35 the cards are dated by the voter. 7.36 Sec. 7. Minnesota Statutes 2002, section 201.071, 8.1 subdivision 1, is amended to read: 8.2 Subdivision 1. [FORM.] A registration card must be of 8.3 suitable size and weight for mailing and contain spaces for the 8.4 following required information: voter's first name, middle 8.5 name, and last name; voter's previous name, if any; voter's 8.6 current address; voter's previous address, if any; voter's date 8.7 of birth; voter's municipality and county of residence; voter's 8.8 telephone number, if provided by the voter; date of 8.9 registration; valid Minnesota driver's license number or 8.10 Minnesota state identification number, or if the voter has no 8.11 Minnesota driver's license or Minnesota state identification, 8.12 the last four digits of the voter's social security number; and 8.13 voter's signature. The card must also contain a certification 8.14 of voter eligibility. 8.15 The form of the voter registration card and the 8.16 certification of voter eligibility must be as provided in the 8.17 rules of the secretary of state. Voter registration forms 8.18 authorized by the National Voter Registration Act may also be 8.19 accepted as valid. 8.20 Sec. 8. Minnesota Statutes 2002, section 201.071, 8.21 subdivision 3, is amended to read: 8.22 Subd. 3. [DEFICIENT REGISTRATION.] Except as provided in 8.23 subdivision 4a, no registration is deficient if it contains the 8.24 voter's name, address, date of birth, valid Minnesota driver's 8.25 license number or Minnesota state identification number, or if 8.26 the voter has no Minnesota driver's license or Minnesota state 8.27 identification number, last four digits of the voter's social 8.28 security number, prior registration, if any, and signature. The 8.29 absence of a zip code number does not cause the registration to 8.30 be deficient. The election judges shall request an individual 8.31 to correct a registration card if it is deficient or illegible 8.32 or if the name or number of the voter's school district is 8.33 missing or obviously incorrect. No eligible voter may be 8.34 prevented from voting unless the voter's registration card is 8.35 deficient or the voter is duly and successfully challenged in 8.36 accordance with section 201.195 or 204C.12. 9.1 A registration card accepted prior to August 1, 1983, is 9.2 not deficient for lack of date of birth. The county or 9.3 municipality may attempt to obtain the date of birth for a 9.4 registration card accepted prior to August 1, 1983, by a request 9.5 to the voter at any time except at the polling place. Failure 9.6 by the voter to comply with this request does not make the 9.7 registration deficient. 9.8 A registration card accepted before January 1, 2004, is not 9.9 deficient for lack of a valid driver's license number or last 9.10 four digits of a social security number. 9.11 Sec. 9. Minnesota Statutes 2002, section 201.071, is 9.12 amended by adding a subdivision to read: 9.13 Subd. 4a. [DEFICIENT IDENTIFICATION OR RESIDENCE 9.14 INFORMATION.] The voter registration for a voter described in 9.15 section 201.061, subdivision 1a, who has not provided a copy of 9.16 current and valid photo identification or copy of current 9.17 utility bill, bank statement, government check, paycheck, or 9.18 other government document that shows the name and address of the 9.19 voter to the county auditor must be considered deficient until 9.20 remedied by the voter in the manner described in section 9.21 201.061, subdivision 1a. 9.22 Sec. 10. Minnesota Statutes 2002, section 201.091, 9.23 subdivision 4, is amended to read: 9.24 Subd. 4. [PUBLIC INFORMATION LISTS.] The county auditor 9.25 shall make available for inspection a public information list 9.26 which must contain the name, address, year of birth, and voting 9.27 history of each registered voter in the county. The telephone 9.28 number must be included on the list if provided by the voter. 9.29 The public information list may also include information on 9.30 voting districts. The county auditor may adopt reasonable rules 9.31 governing access to the list. No individual inspecting the 9.32 public information list shall tamper with or alter it in any 9.33 manner. No individual who inspects the public information list 9.34 or who acquires a list of registered voters prepared from the 9.35 public information list may use any information contained in the 9.36 list for purposes unrelated to elections, political activities, 10.1 or law enforcement. The secretary of state may provide copies 10.2 of the public information lists and other information from the 10.3 statewide registration system for uses related to elections, 10.4 political activities, or in response to a law enforcement 10.5 inquiry from a public official concerning a failure to comply 10.6 with any criminal statute or any state or local tax statute. 10.7 Before inspecting the public information list or obtaining 10.8 a list of voters or other information from the list, the 10.9 individual shall provide identification to the public official 10.10 having custody of the public information list and shall state in 10.11 writing that any information obtained from the list will not be 10.12 used for purposes unrelated to elections, political activities, 10.13 or law enforcement. Requests to examine or obtain information 10.14 from the public information lists or the statewide registration 10.15 system must be made and processed in the manner provided in the 10.16 rules of the secretary of state. 10.17 Upon receipt of a written request and a copy of the court 10.18 order, the secretary of state maymust withhold from the public 10.19 information list the name of any registered voter placed under 10.20 court-ordered protection. 10.21 Sec. 11. Minnesota Statutes 2002, section 201.091, 10.22 subdivision 5, is amended to read: 10.23 Subd. 5. [COPY OF LIST TO REGISTERED VOTER.] The county 10.24 auditors and the secretary of state shall provide papercopies 10.25 of the public information lists and may provide the lists in10.26 some other formin electronic or other media to any voter 10.27 registered in Minnesota within ten days of receiving a written 10.28 request accompanied by payment of the cost of reproduction. The 10.29 county auditors and the secretary of state shall make a copy of 10.30 the list available for public inspection without cost. An 10.31 individual who inspects or acquires a copy of a public 10.32 information list may not use any information contained in it for 10.33 purposes unrelated to elections, political activities, or law 10.34 enforcement. No list made available for public inspection or 10.35 purchase may include the date of birth of a registered voter. 10.36 Sec. 12. Minnesota Statutes 2002, section 201.121, 11.1 subdivision 1, is amended to read: 11.2 Subdivision 1. [ENTRY OF REGISTRATION INFORMATION.] Upon11.3 receivingAt the time a voter registration card is properly 11.4 completed and, submitted, and received in accordance with 11.5 sections 201.061 and 201.071, the county auditor shall enter in11.6 the information contained on it into the statewide registration 11.7 system the information contained on iton an expedited basis, 11.8 but no later than 42 days after receipt. Voter registration 11.9 cards completed before election day must be entered into the 11.10 statewide registration system within ten days after they have 11.11 been submitted to the county auditor. 11.12 Upon receiving a completed voter registration card or form, 11.13 the secretary of state may electronically transmit the 11.14 information on the card or form to the appropriate county 11.15 auditor as soon as possible for review by the county auditor 11.16 before final entry into the statewide registration system. The 11.17 secretary of state may mail the registration card or form to the 11.18 county auditor. 11.19 Sec. 13. Minnesota Statutes 2002, section 201.13, 11.20 subdivision 1, is amended to read: 11.21 Subdivision 1. [COMMISSIONER OF HEALTH, REPORTS OF 11.22 DECEASED RESIDENTS.] Pursuant to the Help America Vote Act of 11.23 2002, Public Law 107-252, the commissioner of health shall 11.24 report monthly by electronic means to the secretary of state the 11.25 name, address, date of birth, and county of residence of each 11.26 individual 18 years of age or older who has died while 11.27 maintaining residence in Minnesota since the last previous 11.28 report. The secretary of state shall determine if any of the 11.29 persons listed in the report are registered to vote and shall 11.30 prepare a list of those registrants for each county auditor. 11.31 Within 60 days after receiving the list from the secretary of 11.32 state, the county auditor shall change the status of those 11.33 registrants to "deceased" in the statewide registration system. 11.34 Sec. 14. Minnesota Statutes 2002, section 201.15, is 11.35 amended to read: 11.36 201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 12.1 COMMITMENTS.] 12.2 Subdivision 1. [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 12.3 to the Help America Vote Act of 2002, Public Law 107-252, the 12.4 state court administrator shall report monthly by electronic 12.5 means to the secretary of state the name, address, and date of 12.6 birth of each individual 18 years of age or over, who during the 12.7 month preceding the date of the report: 12.8 (a) was placed under a guardianship of the person; or 12.9 (b) was adjudged legally incompetent. 12.10 The court administrator shall also report the same 12.11 information for each individual transferred to the jurisdiction 12.12 of the court who meets a condition specified in clause (a) or 12.13 (b). The secretary of state shall determine if any of the 12.14 persons in the report is registered to vote and shall prepare a 12.15 list of those registrants for the county auditor. The county 12.16 auditor shall change the status on the record in the statewide 12.17 registration system of any individual named in the report to 12.18 indicate that the individual is not eligible to reregister or 12.19 vote. 12.20 Subd. 2. [RESTORATION TO CAPACITY.] Pursuant to the Help 12.21 America Vote Act of 2002, Public Law 107-252, the state court 12.22 administrator shall report monthly by electronic means to the 12.23 secretary of state the name, address, and date of birth of each 12.24 individual transferred from guardianship to conservatorship or 12.25 who is restored to capacity by the court after being ineligible 12.26 to vote for any of the reasons specified in subdivision 1. The 12.27 secretary of state shall determine if any of the persons in the 12.28 report is registered to vote and shall prepare a list of those 12.29 registrants for the county auditor. The county auditor shall 12.30 change the status on the voter's record in the statewide 12.31 registration system to "active." 12.32 Sec. 15. Minnesota Statutes 2002, section 201.155, is 12.33 amended to read: 12.34 201.155 [REPORT ON FELONY CONVICTIONS.] 12.35 Pursuant to the Help America Vote Act of 2002, Public Law 12.36 107-252, the state court administrator shall report monthly by 13.1 electronic means to the secretary of state the name, address, 13.2 date of birth, date of sentence, effective date of the sentence, 13.3 and county in which the conviction occurred of each person who 13.4 has been convicted of a felony. The state court administrator 13.5 shall also report the name, address, and date of birth of each 13.6 person previously convicted of a felony whose civil rights have 13.7 been restored. The secretary of state shall determine if any of 13.8 the persons in the report is registered to vote and shall 13.9 prepare a list of those registrants for each county auditor. 13.10 The county auditor shall change the status of those registrants 13.11 in the appropriate manner in the statewide registration system. 13.12 Sec. 16. Minnesota Statutes 2002, section 201.161, is 13.13 amended to read: 13.14 201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 13.15 APPLICATIONS.] 13.16 The department of public safety shall change its 13.17 applications for an original, duplicate, or change of address 13.18 driver's license or identification card so that the forms may 13.19 also serve as voter registration cards. The forms must contain 13.20 spaces for the information required in section 201.071, 13.21 subdivision 1, and applicable rules of the secretary of state. 13.22 Applicants for driver's licenses or identification cards must be 13.23 asked if they want to register to vote at the same time. A copy13.24 of each application containing a completed voter registration13.25 must be sent to the county auditor of the county in which the13.26 voter maintains residence or to the secretary of state as soon13.27 as possible.Pursuant to the Help America Vote Act of 2002, 13.28 Public Law 107-252, the computerized driver's license record 13.29 information relating tocontaining the voter's name, address, 13.30 date of birth, driver's license number or state identification 13.31 number, county, town, and city must be made available for access 13.32 by the secretary of state and interaction with the statewide 13.33 voter registration system. 13.34 Sec. 17. [201.1615] [INFORMATION SHARING; USE OF SOCIAL 13.35 SECURITY NUMBER; FELONY.] 13.36 The secretary of state shall enter into an agreement with 14.1 the department of public safety to match information in the 14.2 statewide voter registration system with information in the 14.3 department of public safety database to verify the accuracy of 14.4 the information provided on applications for voter registrations. 14.5 The commissioner of public safety shall enter into an 14.6 agreement with the commissioner of the United States Social 14.7 Security Administration under section 205(r)(8) of the Social 14.8 Security Act to allow the use of the last four digits of the 14.9 social security number to be used to verify voter registration 14.10 information, to assure the maintenance of the confidentiality of 14.11 any applicable information disclosed, and to establish 14.12 procedures to permit the department to use the information for 14.13 purposes of maintaining its records. Without the written 14.14 authorization of the social security commissioner, publication 14.15 or communication of this information by any present or past 14.16 state officer, employee, or contractor is a felony. 14.17 Sec. 18. Minnesota Statutes 2002, section 201.171, is 14.18 amended to read: 14.19 201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 14.20 REGISTRATION REMOVED.] 14.21 Within six weeks after every election, the county auditor 14.22 shall post the voting history for every person who voted in the 14.23 election. After the close of the calendar year, the secretary 14.24 of state shall determine if any registrants have not voted 14.25 during the preceding four years andin two consecutive general 14.26 elections for federal office and have not responded to a 14.27 subsequent notice of inactivity sent by the county auditor. The 14.28 secretary of state shall changeperform list maintenance by 14.29 changing the status of those registrants to "inactive" in the 14.30 statewide registration system. The list maintenance performed 14.31 must be conducted in a manner that ensures that the name of each 14.32 registered voter appears in the official list of eligible voters 14.33 in the statewide registration system. Only voters who are not 14.34 registered or who are not eligible to vote must be removed from 14.35 the official list of eligible voters. List maintenance must 14.36 include procedures for eliminating duplicate names from the 15.1 official list of eligible voters. 15.2 The secretary of state shall also prepare a report to the 15.3 county auditor containing the names of all registrants whose 15.4 status was changed to "inactive." 15.5 Although not counted in an election, a late absentee ballot15.6 must be considered a vote for the purpose of continuing15.7 registration.15.8 Sec. 19. Minnesota Statutes 2002, section 201.221, 15.9 subdivision 2, is amended to read: 15.10 Subd. 2. [UNIFORM PROCEDURES FOR COUNTIES.] The secretary 15.11 of state shall assist local election officers by devising 15.12 uniform forms and procedures. The secretary of state shall 15.13 provide uniform rules for maintaining voter registration records 15.14 on the statewide registration system. The secretary of state 15.15 shall supervise the development and use of the statewide 15.16 registration system to insure that it conforms to applicable 15.17 federal and state laws and rules. 15.18 Sec. 20. Minnesota Statutes 2002, section 201.221, 15.19 subdivision 3, is amended to read: 15.20 Subd. 3. [PROCEDURES FOR POLLING PLACE ROSTERS.] The 15.21 secretary of state shall prescribe the form of polling place 15.22 rosters that include the voter's name, address, date of birth, 15.23 school district number, andspace for the voter's signature, and 15.24 any other information prescribed by the secretary of state 15.25 necessary to permit election judges to perform duties required 15.26 by law. The polling place roster must be used to indicate 15.27 whether the voter has voted in a given election. The secretary 15.28 of state shall prescribe procedures for transporting the polling 15.29 place rosters to the election judges for use on election day. 15.30 The secretary of state shall prescribe the form for a county or 15.31 municipality to request the date of birth from currently 15.32 registered voters. The county or municipality shall not request 15.33 the date of birth from currently registered voters by any 15.34 communication other than the prescribed form and the form must 15.35 clearly indicate that a currently registered voter does not lose 15.36 registration status by failing to provide the date of birth. In 16.1 accordance with section 204B.40, the county auditor shall retain 16.2 the prescribed polling place rosters used on the date of 16.3 election for one year22 months following the election. 16.4 Sec. 21. Minnesota Statutes 2002, section 203B.06, 16.5 subdivision 4, is amended to read: 16.6 Subd. 4. [REGISTRATION CHECK.] Upon receipt of an 16.7 application for ballots, the county auditor, municipal clerk, or 16.8 election judge acting pursuant to section 203B.11, who receives 16.9 the application shall determine whether the applicant is a 16.10 registered voter. If the applicant is not registered to vote, 16.11 the county auditor, municipal clerk or election judge shall 16.12 include a voter registration card among the election materials 16.13 provided to the applicant. 16.14 If the voter record in the statewide system indicates that 16.15 the voter's registration is deficient under section 201.071, 16.16 subdivision 4a, the county auditor, municipal clerk, or election 16.17 judge shall include instructions for the voter to complete the 16.18 registration by one of the methods prescribed in section 16.19 201.061, subdivision 1a. The secretary of state shall publish 16.20 sample instructions and materials to comply with this 16.21 subdivision. 16.22 Sec. 22. Minnesota Statutes 2002, section 203B.08, 16.23 subdivision 3, is amended to read: 16.24 Subd. 3. [PROCEDURES ON RECEIPT OF BALLOTS.] When absentee 16.25 ballots are returned to a county auditor or municipal clerk, 16.26 that official shall stamp and date the return envelope with an 16.27 official seal of the office and place it in a secure location 16.28 with other return envelopes received by that office. The county 16.29 auditor or municipal clerk shall deliver themto the appropriate 16.30 election judges on election day all ballots received before or 16.31 with the last mail delivery by the United States Postal Service 16.32 on election day. 16.33 Sec. 23. Minnesota Statutes 2002, section 203B.12, 16.34 subdivision 2, is amended to read: 16.35 Subd. 2. [EXAMINATION OF RETURN ENVELOPES.] Two or more 16.36 election judges shall examine each return envelope and shall 17.1 mark it accepted or rejected in the manner provided in this 17.2 subdivision. If a ballot has been prepared under section 17.3 204B.12, subdivision 2a, or 204B.41, the election judges shall 17.4 not begin removing ballot envelopes from the return envelopes 17.5 until 8:00 p.m. on election day, either in the polling place or 17.6 at an absentee ballot board established under section 203B.13. 17.7 The election judges shall mark the return envelope 17.8 "Accepted" and initial or sign the return envelope below the 17.9 word "Accepted" if the election judges or a majority of them are 17.10 satisfied that: 17.11 (1) the voter's name and address on the return envelope are 17.12 the same as the information provided on the absentee ballot 17.13 application; 17.14 (2) the voter's signature on the return envelope is the 17.15 genuine signature of the individual who made the application for 17.16 ballots and the certificate has been completed as prescribed in 17.17 the directions for casting an absentee ballot; 17.18 (3) the voter is registered and eligible to vote in the 17.19 precinct or has included a properly completed registration card 17.20 in the return envelope, or has submitted documentation from the 17.21 list provided in section 201.061, subdivision 1a, clause (4), to 17.22 complete a registration that is deficient under section 201.071, 17.23 subdivision 4a; and 17.24 (4) the voter has not already voted at that election, 17.25 either in person or by absentee ballot. 17.26 The return envelope from accepted ballots must be preserved 17.27 and returned to the county auditor. 17.28 If all or a majority of the election judges examining 17.29 return envelopes find that an absent voter has failed to meet 17.30 one of the requirements prescribed in clauses (1) to (4), they 17.31 shall mark the return envelope "Rejected," initial or sign it 17.32 below the word "Rejected," and return it to the county auditor. 17.33 Sec. 24. Minnesota Statutes 2002, section 203B.16, is 17.34 amended by adding a subdivision to read: 17.35 Subd. 16. [DESIGNATION OF OFFICE.] The office of the 17.36 secretary of state is responsible for providing information 18.1 regarding voter registration and absentee balloting procedures 18.2 to be used by absent uniformed services voters, their spouses 18.3 and dependents, and voters overseas. 18.4 Sec. 25. Minnesota Statutes 2002, section 203B.17, is 18.5 amended to read: 18.6 203B.17 [APPLICATION FOR BALLOT.] 18.7 Subdivision 1. [SUBMISSION OF APPLICATION.] (a) An 18.8 application for absentee ballots for a voter described in 18.9 section 203B.16 may be submitted in writing or by electronic 18.10 facsimile device, or by electronic mail upon determination by 18.11 the secretary of state that security concerns have been 18.12 adequately addressed. An application for absentee ballots for a 18.13 voter described in section 203B.16 may be submitted by that 18.14 voter or by that voter's parent, spouse, sister, brother, or 18.15 child over the age of 18 years. For purposes of an application 18.16 under this subdivision, a person's social security number, no 18.17 matter how it is designated, qualifies as the person's military 18.18 identification number if the person is in the military. 18.19 (b) An application for a voter described in section 18.20 203B.16, subdivision 1, shall be submitted to the county auditor 18.21 of the county where the voter maintains residence. 18.22 (c) An application for a voter described in section 18.23 203B.16, subdivision 2, shall be submitted to the county auditor 18.24 of the county where the voter last maintained residence in 18.25 Minnesota. 18.26 (d) An application for absentee ballots for a primaryshall 18.27 also constitute an application for absentee ballots for any18.28 ensuingbe valid for any primary, special primary, general 18.29 election, or special election conducted during the same calendar18.30 year in whichfrom the time the application is received through 18.31 the next two regularly scheduled elections for federal office 18.32 held after the date on which the application is received. 18.33 (e) There shall be no limitation of time for filing and 18.34 receiving applications for ballots under sections 203B.16 to 18.35 203B.27. 18.36 Subd. 2. [REQUIRED INFORMATION.] An application shall be 19.1 accepted if it contains the following information stated under 19.2 oath: 19.3 (a) The voter's name, birthdate, and present address of 19.4 residence in Minnesota, or former address of residence in 19.5 Minnesota if the voter is living permanently outside the United 19.6 States; 19.7 (b) A statement indicating that the voter is in the 19.8 military, or is the spouse or dependent of an individual serving 19.9 in the military, or is temporarily outside the territorial 19.10 limits of the United States, or is living permanently outside 19.11 the territorial limits of the United States and voting under 19.12 federal law; 19.13 (c) A statement that the voter expects to be absent from 19.14 the precinct at the time of the election; 19.15 (d) The address to which absentee ballots are to be mailed; 19.16 (e) The voter's signature or the signature and relationship 19.17 of the individual authorized to apply on the voter's behalf; and 19.18 (f) The voter's military identification card number, 19.19 passport number, or, if the voter does not have a valid passport 19.20 or identification card, the signed statement of an individual 19.21 authorized to administer oaths or a commissioned or 19.22 noncommissioned officer of the military not below the rank of 19.23 sergeant or its equivalent, certifying that the voter or other 19.24 individual requesting absentee ballots has attested to the 19.25 truthfulness of the contents of the application under oath. 19.26 The oath taken must be the standard oath prescribed by 19.27 section 101(b)(7) of the Uniformed and Overseas Citizens 19.28 Absentee Voting Act. 19.29 A form for providing this information shall be prepared by 19.30 each county auditor and shall be furnished to individuals who 19.31 request it pursuant to this section. 19.32 Sec. 26. Minnesota Statutes 2002, section 203B.19, is 19.33 amended to read: 19.34 203B.19 [RECORDING APPLICATIONS.] 19.35 Upon accepting an application, the county auditor shall 19.36 record in the statewide registration system the voter's name, 20.1 address of present or former residence in Minnesota, mailing 20.2 address, school district number, and the category under section20.3 203B.16, to which the voter belongswhether the voter is in the 20.4 military or the spouse or dependent of an individual serving in 20.5 the military, is a voter temporarily outside the territorial 20.6 limits of the United States, or is living permanently outside 20.7 the territorial limits of the United States and voting under 20.8 federal law. The county auditor shall retain the record 20.9 for foursix years. A voter whose name is recorded as provided 20.10 in this section shall not be required to register under any 20.11 other provision of law in order to vote under sections 203B.16 20.12 to 203B.27. Persons from whom applications are not accepted 20.13 must be notified by the county auditor and provided with the 20.14 reasons for the rejection. 20.15 No later than 60 days after the general election, the 20.16 county auditor shall report to the secretary of state the 20.17 combined number of absentee ballots transmitted to absent voters 20.18 described in section 203B.16. No later than 60 days after the 20.19 general election, the county auditor shall report to the 20.20 secretary of state the combined number of absentee ballots 20.21 returned and cast by absent voters described in section 20.22 203B.16. The secretary of state may require the information be 20.23 reported by category under section 203B.16 or by precinct. 20.24 No later than 90 days after the general election, the 20.25 secretary of state shall report to the federal election 20.26 assistance commission the number of absentee ballots transmitted 20.27 to voters under section 203B.16. 20.28 Sec. 27. Minnesota Statutes 2002, section 203B.24, 20.29 subdivision 2, is amended to read: 20.30 Subd. 2. [VOTING MORE THAN ONCE.] The election judges 20.31 shall compare the voter's name with the names appearing on their 20.32 copy of the application records to insure that the voter has not 20.33 already returned a ballot in the election. The election judges 20.34 must indicate on the record whether an absentee ballot was 20.35 accepted for each applicant whose name appears on the record. 20.36 If a voter whose application has been recorded under section 21.1 203B.19 casts a ballot in person on election day, no absentee 21.2 ballot shall be counted for that voter. If more than one return 21.3 envelope is received from a voter whose application has been 21.4 recorded under section 203B.19, the ballots in the return 21.5 envelope bearing the latest date shall be counted and the 21.6 uncounted ballots shall be returned by the election judges with 21.7 the rejected ballots. The election judges must preserve the 21.8 record and return it to the county auditor or municipal clerk 21.9 with the election day materials. 21.10 Sec. 28. Minnesota Statutes 2002, section 203B.26, is 21.11 amended to read: 21.12 203B.26 [SEPARATE RECORD.] 21.13 A separate record of the ballots of absent voters cast 21.14 under sections 203B.16 to 203B.27 shallmust be kept in each 21.15 precinct. The content of the record must be in a form 21.16 prescribed by the secretary of state. 21.17 Sec. 29. Minnesota Statutes 2002, section 204B.47, is 21.18 amended to read: 21.19 204B.47 [ ALTERNATEALTERNATIVE ELECTION PROCEDURES; DUTIES 21.20 OF SECRETARY OF STATE.] 21.21 When a provision of the Minnesota Election Law cannot be 21.22 implemented as a result of an order of a state or federal court, 21.23 the secretary of state shall adopt alternatealternative 21.24 election procedures to permit the administration of any election 21.25 affected by the order. The procedures may include the voting 21.26 and handling of ballots cast after 8:00 p.m. as a result of a 21.27 state or federal court order or any other order extending the 21.28 time established by law for closing the polls. The alternate21.29 alternative election procedures remain in effect until the first 21.30 day of July following the next succeeding final adjournment of 21.31 the legislature, unless otherwise provided by law or by court 21.32 order. 21.33 Sec. 30. Minnesota Statutes 2002, section 204C.10, is 21.34 amended to read: 21.35 204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 21.36 REGISTRATION.] 22.1 An individual seeking to vote shall sign a polling place 22.2 roster which states that the individual is at least 18 years of 22.3 age, a citizen of the United States, has resided in Minnesota 22.4 for 20 days immediately preceding the election, certifies 22.5 residence at the address shown, is not under guardianship of the 22.6 person, has not been found by a court of law to be legally 22.7 incompetent to vote or convicted of a felony without having 22.8 civil rights restored, is registered and has not already voted 22.9 in the election. A judge may, before the applicant signs the 22.10 roster, confirm the applicant's name, address, and date of 22.11 birth. After the applicant signs the roster, the judge shall 22.12 give the applicant a voter's receipt. The voter shall deliver 22.13 the voter's receipt to the judge in charge of ballots as proof 22.14 of the voter's right to vote, and thereupon the judge shall hand 22.15 to the voter the ballot. The voters' receipts must be 22.16 maintained during the time for notice of filing an election 22.17 contest. 22.18 Any voter who registered by mail, who has not previously 22.19 voted in Minnesota for a federal office, and who has not 22.20 previously shown identification or documentation as provided in 22.21 section 201.061, subdivision 1a, must show identification to the 22.22 election judge prior to signing the roster. If the voter is 22.23 unable to show identification from the list provided in section 22.24 201.16, subdivision 1a, the voter must be directed to register 22.25 using election day procedures in section 201.061, subdivision 3. 22.26 Sec. 31. [204C.41] [RULES; VOTE COUNTING STANDARDS.] 22.27 The secretary of state shall adopt permanent rules to 22.28 establish uniform and nondiscriminatory standards of what 22.29 constitutes a vote for each method of voting and each type of 22.30 voting system approved for use in the state. The rules must 22.31 provide for an accurate determination of votes based on the 22.32 requirements of section 204C.22, objective evidence, the form of 22.33 ballots approved for use in this state, and the manner of 22.34 counting used for each vote. 22.35 Sec. 32. Minnesota Statutes 2002, section 206.57, is 22.36 amended by adding a subdivision to read: 23.1 Subd. 5. [VOTING SYSTEM FOR DISABLED VOTERS.] After 23.2 December 31, 2005, the voting method used in each polling place 23.3 must include a voting system that is accessible for individuals 23.4 with disabilities, including nonvisual accessibility for the 23.5 blind and visually impaired in a manner that provides the same 23.6 opportunity for access and participation, including privacy and 23.7 independence, as for other voters. 23.8 Sec. 33. Minnesota Statutes 2002, section 206.57, is 23.9 amended by adding a subdivision to read: 23.10 Subd. 6. [REQUIRED CERTIFICATION.] In addition to the 23.11 requirements in subdivision 1, a voting system must be certified 23.12 by an independent testing authority approved by the secretary of 23.13 state and conform to current standards for voting equipment 23.14 issued by the Federal Election Commission. 23.15 Sec. 34. Minnesota Statutes 2002, section 206.81, is 23.16 amended to read: 23.17 206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 23.18 (a) The secretary of state may licensecertify an 23.19 electronic voting system for experimental use at an election 23.20 prior to its approval for general use. 23.21 (b) The secretary of state must licenseapprove one or more 23.22 touch-sensitivedirect recording electronic voting systems for 23.23 experimental use at an election before their approval for 23.24 general use and may impose restrictions on their use. At least 23.25 one voting system licensed under this paragraph must permit 23.26 sighted persons to vote and at least one system must permit a 23.27 blind or visually impaired voter to cast a ballot independently 23.28 and privately. 23.29 (c) The secretary of state may approve the use of an 23.30 experimental electronic voting system to participate in the 23.31 electronic registration and voting demonstration project in 23.32 section 1604 of the National Defense Authorization Act for 23.33 fiscal year 2002, Public Law 107-107. The experimental system 23.34 must comply with section 1306(a) for absentee voters as provided 23.35 in the Uniformed and Overseas Citizens Absentee Voting Act 23.36 Public Law 99-410. The use of an experimental voting system 24.1 approved by the secretary of state must be valid for all 24.2 election purposes and jurisdictions as if the electronic voting 24.3 system had been adopted in accordance with the provisions of 24.4 this chapter. 24.5 (d) Experimental use must be observed by the secretary of 24.6 state or the secretary's designee and the results observed must 24.7 be considered at any subsequent proceedings for approval for 24.8 general use. 24.9 (d)(e) The secretary of state may adopt rules consistent 24.10 with sections 206.55 to 206.90 relating to experimental use. 24.11 The extent of experimental use must be determined by the 24.12 secretary of state. 24.13 Sec. 35. [AGREEMENTS.] 24.14 Subdivision 1. [COMMISSIONER OF HEALTH.] By January 1, 24.15 2004, the secretary of state and the commissioner of health 24.16 shall determine by mutual agreement the means to electronically 24.17 transfer death records between agency systems. 24.18 Subd. 2. [COURT ADMINISTRATOR.] By January 1, 2004, the 24.19 secretary of state and the court administrator shall determine 24.20 by mutual agreement the means to electronically transfer 24.21 guardianship and incompetency records and felony conviction 24.22 records between agency systems. 24.23 Subd. 3. [COMMISSIONER OF PUBLIC SAFETY.] By January 1, 24.24 2004, the commissioner of public safety and the secretary of 24.25 state shall determine by mutual agreement the means to 24.26 electronically transfer driver's license records between agency 24.27 systems.