1st Engrossment - 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, subdivisions 1, 3, by adding subdivisions; 1.7 201.071, subdivisions 1, 3, by adding subdivisions; 1.8 201.091, subdivisions 1, 4, 5, by adding a 1.9 subdivision; 201.121, subdivision 1; 201.13, 1.10 subdivision 1; 201.15; 201.155; 201.161; 201.171; 1.11 201.221, subdivisions 2, 3; 203B.06, subdivision 4; 1.12 203B.08, subdivision 3; 203B.12, subdivision 2; 1.13 203B.16, by adding a subdivision; 203B.17; 203B.19; 1.14 203B.24, subdivision 2; 203B.26; 204B.47; 204C.10; 1.15 206.57, by adding subdivisions; 206.81; proposing 1.16 coding for new law in Minnesota Statutes, chapters 1.17 200; 201; 204C. 1.18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.19 Section 1. [200.04] [HELP AMERICA VOTE ACT COMPLAINTS.] 1.20 Subdivision 1. [PROCEDURE.] The secretary of state shall 1.21 establish a procedure for the review of complaints regarding the 1.22 administration of Title III of the Help America Vote Act of 1.23 2002, Public Law 107-252, including complaints about voting 1.24 system standards, computerized statewide registration lists and 1.25 equipment, voter registration requirements, and other features 1.26 of state implementation of that act. The secretary of state 1.27 shall provide a complaint form that requires the signature of 1.28 the complainant, an affidavit and notarization, and the 1.29 attachment of any supporting documentation. 1.30 Subd. 2. [POLITICAL SUBDIVISIONS.] (a) The procedure in 1.31 this subdivision applies if a complaint under subdivision 1 2.1 pertains to a town, city, school, or county employee or official. 2.2 (b) The secretary of state must provide the town clerk, 2.3 city clerk, school district clerk, or county auditor with a copy 2.4 of the complaint within three business days of receiving it. 2.5 (c) The town clerk, city clerk, school district clerk, or 2.6 county auditor has 20 days to either reach an agreement with the 2.7 complainant or file a written response to the complaint with the 2.8 secretary of state. 2.9 (d) The secretary of state shall provide the complainant 2.10 with a copy of the response and an opportunity for an informal 2.11 hearing. 2.12 (e) If an informal hearing is requested, the town clerk, 2.13 city clerk, school district clerk, or county auditor must be 2.14 given notice and the opportunity to participate. 2.15 (f) The secretary of state shall issue a final 2.16 determination, and, if necessary, a remedial plan, no later than 2.17 90 days after the filing of the complaint. If the secretary of 2.18 state fails to issue the determination within 90 days, the 2.19 secretary of state must provide alternative dispute resolution 2.20 for the disposition of the complaint. That process must be 2.21 completed within 60 days of its commencement. 2.22 Subd. 3. [SECRETARY OF STATE.] (a) The procedure in this 2.23 subdivision applies if a complaint under subdivision 1 pertains 2.24 to the secretary of state. 2.25 (b) The secretary of state must forward the complaint to 2.26 the office of administrative hearings within three business days 2.27 of receiving it. 2.28 (c) The secretary of state has 20 days to either reach an 2.29 agreement with the complainant or file a written response to the 2.30 complaint with the office of administrative hearings. 2.31 (d) The office of administrative hearings must provide the 2.32 complainant with a copy of the response and an opportunity for 2.33 an informal hearing. 2.34 (e) If an informal hearing is requested, the secretary of 2.35 state must be given notice and an opportunity to participate. 2.36 (f) The office of administrative hearings must issue a 3.1 final determination and remedial plan if necessary no later than 3.2 90 days after the filing of the complaint. If the office of 3.3 administrative hearings fails to issue the determination within 3.4 90 days, it must provide alternative dispute resolution for the 3.5 disposition of the complaint. That process must be completed 3.6 within 60 days of its commencement. 3.7 (g) The office of administrative hearings may not charge a 3.8 fee to any party to an action under this section. 3.9 Subd. 4. [APPLICATION OF CHAPTER 14.] Proceedings under 3.10 this section are not subject to chapter 14. 3.11 Subd. 5. [APPEAL.] A determination made under subdivision 3.12 2 is not an agency determination subject to appellate review. 3.13 Either party may initiate an appeal from the secretary of 3.14 state's final order in the district court in the county where 3.15 the town, city, or county employee or official is employed. 3.16 Subd. 6. [REVIEW.] A determination made under subdivision 3.17 3 is subject to appellate review. 3.18 Sec. 2. Minnesota Statutes 2002, section 201.021, is 3.19 amended to read: 3.20 201.021 [PERMANENT REGISTRATION SYSTEM.] 3.21 A permanent system of voter registration by county is 3.22 established, with
the county systems linked together by a3.23 centralized statewide systema single, official, centralized, 3.24 interactive computerized statewide voter registration list 3.25 defined, maintained, and administered at the state level that 3.26 contains the name and registration information of every legally 3.27 registered voter in the state, and assigns a unique identifier 3.28 to each legally registered voter in the state. The interactive 3.29 computerized statewide voter registration list constitutes the 3.30 official list of every legally registered voter in the state. 3.31 The county auditor shall be chief registrar of voters and the 3.32 chief custodian of the official registration records in each 3.33 county. The secretary of state is responsible for defining, 3.34 maintaining, and administering the centralized system. 3.35 Sec. 3. Minnesota Statutes 2002, section 201.022, is 3.36 amended to read: 4.1 201.022 [STATEWIDE REGISTRATION SYSTEM.] 4.2 Subdivision 1. [ESTABLISHMENT.] The secretary of state 4.3 shall maintain a statewide voter registration system to 4.4 facilitate voter registration and to provide a central database 4.5 containing voter registration information from around the 4.6 state. The system must be accessible to the county auditor of 4.7 each county in the state. The system must also: 4.8 (1) provide for voters to submit their registration to any 4.9 county auditor, the secretary of state, or the department of 4.10 public safety; 4.11 (2) provide for the definition, establishment, and 4.12 maintenance of a central database for all voter registration 4.13 information; 4.14 (3) provide for entering data into the statewide 4.15 registration system; 4.16 (4) provide for electronic transfer of completed voter 4.17 registration forms from the department of public safety to the 4.18 secretary of state or the county auditor; 4.19 (5) assign a unique identifier to each legally registered 4.20 voter in the state; 4.21 (6) provide for the acceptance of the Minnesota driver's 4.22 license number, Minnesota state identification number, and last 4.23 four digits of the social security number for each voter record; 4.24 (7) coordinate with other agency databases within the 4.25 state; 4.26 (8) allow county auditors and the secretary of state to 4.27 add, modify, and delete information from the system to provide 4.28 for accurate and up-to-date records; 4.29 (9) allow county auditors, municipal and school district 4.30 clerks, and the secretary of state to have electronic access to 4.31 the statewide registration system for review and search 4.32 capabilities; 4.33 (10) provide security and protection of all information in 4.34 the statewide registration system and ensure that unauthorized 4.35 access is not allowed; and 4.36 (11) provide a system for each county to identify the 5.1 precinct to which a voter should be assigned for voting purposes. 5.2 The appropriate state or local official shall provide security 5.3 measures to prevent unauthorized access to the computerized list 5.4 established under section 201.021. The secretary of state shall 5.5 establish a system of file maintenance that makes reasonable 5.6 effort to remove registrants who are ineligible to vote from the 5.7 official list of eligible voters. 5.8 Subd. 2. [RULES.] The secretary of state shall make 5.9 permanent rules necessary to administer the system required in 5.10 subdivision 1. The rules must at least:5.11 (1) provide for voters to submit their registration to any5.12 county auditor, the secretary of state, or the department of5.13 public safety;5.14 (2) provide for the establishment and maintenance of a5.15 central database for all voter registration information;5.16 (3) provide procedures for entering data into the statewide5.17 registration system;5.18 (4) provide for interaction with the computerized driver's5.19 license records of the department of public safety;5.20 (5) allow the offices of all county auditors and the5.21 secretary of state to add, modify, and delete information from5.22 the system to provide for accurate and up-to-date records;5.23 (6) allow the offices of all county auditors and the5.24 secretary of state's office to have access to the statewide5.25 registration system for review and search capabilities;5.26 (7) provide security and protection of all information in5.27 the statewide registration system and to ensure that5.28 unauthorized entry is not allowed;5.29 (8) provide a system for each county to identify the5.30 precinct to which a voter should be assigned for voting5.31 purposes; and5.32 (9) prescribe a procedure for the return of completed voter5.33 registration forms from the department of public safety to the5.34 secretary of state or the county auditor.5.35 [EFFECTIVE DATE.] This section is effective January 1, 5.36 2006, if a federal waiver is requested and approved, or January 6.1 1, 2004, if a federal waiver is not requested or not approved. 6.2 Sec. 4. Minnesota Statutes 2002, section 201.061, 6.3 subdivision 1, is amended to read: 6.4 Subdivision 1. [REGISTRATION IN PERSON PRIOR TO ELECTION 6.5 DAY.] At any time except during the 20 days immediately 6.6 preceding any election, an eligible voter or any individual who 6.7 will be an eligible voter at the time of the next election may 6.8 register to vote in the precinct in which the voter maintains 6.9 residence by completing a registration card and submitting it in 6.10 person or by mailto the county auditor of that county or to the 6.11 secretary of state's office. A registration that is received no6.12 later than 5:00 p.m. on the 21st day preceding any election6.13 shall be accepted. An improperly addressed or delivered6.14 registration card shall be forwarded within two working days6.15 after receipt to the county auditor of the county where the6.16 voter maintains residence. A state or local agency or an6.17 individual that accepts completed voter registration cards from6.18 a voter must submit the completed cards to the secretary of6.19 state or the appropriate county auditor within ten days after6.20 the cards are dated by the voter.6.21 Sec. 5. Minnesota Statutes 2002, section 201.061, is 6.22 amended by adding a subdivision to read: 6.23 Subd. 1a. [REGISTRATION BY MAIL PRIOR TO ELECTION DAY.] At 6.24 any time except during the 20 days immediately preceding any 6.25 election, an eligible voter or any individual who will be an 6.26 eligible voter at the time of the next election may register to 6.27 vote in the precinct in which the voter maintains residence by 6.28 completing a registration card and submitting it by mail to the 6.29 county auditor of that county or to the secretary of state's 6.30 office. If the voter has not previously voted in Minnesota for 6.31 federal office, the voter must also provide a copy of current 6.32 and valid photo identification or copy of current utility bill, 6.33 bank statement, government check, paycheck, or other government 6.34 document that shows the name and address of the voter. 6.35 If the county auditor determines that a voter who has 6.36 submitted a registration card by mail and has not previously 7.1 voted in Minnesota for a federal office has also not provided a 7.2 copy of current utility bill, bank statement, government check, 7.3 paycheck, or other government document that shows the name and 7.4 address of the voter to the auditor, then the county auditor 7.5 must notify the voter to complete registration by using one of 7.6 the following methods: 7.7 (1) present or provide to the auditor prior to 20 days 7.8 before the election a copy of current and valid photo 7.9 identification or copy of current utility bill, bank statement, 7.10 government check, paycheck, or other government document that 7.11 shows the name and address of the voter; 7.12 (2) prior to voting in person on election day, present to 7.13 the election judges in the precinct, a current and valid photo 7.14 identification or a current utility bill, bank statement, 7.15 government check, paycheck, or other government document that 7.16 shows the name and address of the voter; 7.17 (3) register in person prior to or on election day; 7.18 (4) if voting by mail, include a copy of current and valid 7.19 photo identification or copy of current utility bill, bank 7.20 statement, government check, paycheck, or other government 7.21 document that shows the name and address of the voter; or 7.22 (5) if voting by mail, follow election day registration 7.23 procedures for absentee voters as described in section 203B.04, 7.24 subdivision 4. 7.25 Sec. 6. Minnesota Statutes 2002, section 201.061, is 7.26 amended by adding a subdivision to read: 7.27 Subd. 1b. [DUTY TO FORWARD.] A registration that is 7.28 received no later than 5:00 p.m. on the 21st day preceding any 7.29 election shall be accepted. An improperly addressed or 7.30 delivered registration card shall be forwarded within two 7.31 working days after receipt to the county auditor of the county 7.32 where the voter maintains residence. A state or local agency or 7.33 an individual that accepts completed voter registration cards 7.34 from a voter must submit the completed cards to the secretary of 7.35 state or the appropriate county auditor within ten days after 7.36 the cards are dated by the voter. 8.1 Sec. 7. Minnesota Statutes 2002, section 201.061, 8.2 subdivision 3, is amended to read: 8.3 Subd. 3. [ELECTION DAY REGISTRATION.] An individual who is 8.4 eligible to vote may register on election day by appearing in 8.5 person at the polling place for the precinct in which the 8.6 individual maintains residence, by completing a registration 8.7 card, making an oath in the form prescribed by the secretary of 8.8 state and providing proof of residence. An individual may prove 8.9 identity and residence for purposes of registering by: 8.10 (1) showing a driver's license or Minnesota identification 8.11 card issued pursuant to section 171.07; 8.12 (2) showing any picture identification document approved by 8.13 the secretary of state as proper identification; 8.14 (3) showing one of the following: 8.15 (i) a current valid student picture identification card 8.16 from a post-secondary educational institution in Minnesota, if a 8.17 list of students from that institution has been prepared under 8.18 section 135A.17 and certified to the county auditor in the 8.19 manner provided in rules of the secretary of state; or 8.20 (ii) a current student fee statement that contains the 8.21 student's valid address in the precinct together with a picture 8.22 identification card; 8.23 (4) showing a picture identification card or document 8.24 listed in clause (1), (2), or (3), and proving current residence 8.25 in the precinct by having a voter who is registered to vote in 8.26 the precinct sign an oath in the presence of the election judge 8.27 vouching that the voter personally knows that the individual is 8.28 a resident of the precinct. A voter who has been vouched for on 8.29 election day may not sign a proof of residence oath vouching for 8.30 any other individual on that election day; or 8.31 (5) for tribal band members living on an Indian 8.32 reservation, an individual may prove residence for purposes of 8.33 registering by showing an identification card issued by the 8.34 tribal government of a tribe recognized by the Bureau of Indian 8.35 Affairs, United States Department of the Interior, that contains 8.36 the name, street address, signature, and picture of the 9.1 individual. The county auditor of each county having territory 9.2 within the reservation shall maintain a record of the number of 9.3 election day registrations accepted under this section. 9.4 A county, school district, or municipality may require that 9.5 an election judge responsible for election day registration 9.6 initial each completed registration card. 9.7 Sec. 8. Minnesota Statutes 2002, section 201.071, 9.8 subdivision 1, is amended to read: 9.9 Subdivision 1. [FORM.] A registration card must be of 9.10 suitable size and weight for mailing and contain spaces for the 9.11 following required information: voter's first name, middle 9.12 name, and last name; voter's previous name, if any; voter's 9.13 current address; voter's previous address, if any; voter's date 9.14 of birth; voter's municipality and county of residence; voter's 9.15 telephone number, if provided by the voter; date of 9.16 registration; valid Minnesota driver's license number or 9.17 Minnesota state identification number, or if the voter has no 9.18 Minnesota driver's license or Minnesota state identification, 9.19 the last four digits of the voter's social security number; and 9.20 voter's signature. The card must also contain a certification 9.21 of voter eligibility. 9.22 The form of the voter registration card and the 9.23 certification of voter eligibility must be as provided in the 9.24 rules of the secretary of state. Voter registration forms 9.25 authorized by the National Voter Registration Act may also be 9.26 accepted as valid. 9.27 Sec. 9. Minnesota Statutes 2002, section 201.071, 9.28 subdivision 3, is amended to read: 9.29 Subd. 3. [DEFICIENT REGISTRATION.] Except as provided in 9.30 subdivision 4a, no registration is deficient if it contains the 9.31 voter's name, address, date of birth, valid Minnesota driver's 9.32 license number or Minnesota state identification number, or if 9.33 the voter has no Minnesota driver's license or Minnesota state 9.34 identification number, last four digits of the voter's social 9.35 security number, prior registration, if any, and signature. The 9.36 absence of a zip code number does not cause the registration to 10.1 be deficient. The election judges shall request an individual 10.2 to correct a registration card if it is deficient or illegible 10.3 or if the name or number of the voter's school district is 10.4 missing or obviously incorrect. No eligible voter may be 10.5 prevented from voting unless the voter's registration card is 10.6 deficient or the voter is duly and successfully challenged in 10.7 accordance with section 201.195 or 204C.12. 10.8 A registration card accepted prior to August 1, 1983, is 10.9 not deficient for lack of date of birth. The county or 10.10 municipality may attempt to obtain the date of birth for a 10.11 registration card accepted prior to August 1, 1983, by a request 10.12 to the voter at any time except at the polling place. Failure 10.13 by the voter to comply with this request does not make the 10.14 registration deficient. 10.15 A registration card accepted before January 1, 2004, is not 10.16 deficient for lack of a valid driver's license number or last 10.17 four digits of a social security number. A county or 10.18 municipality may attempt to obtain this information for a 10.19 registration card accepted before January 1, 2004, by a request 10.20 to the voter at any time except at the polling place. Failure 10.21 by the voter to comply with this request does not make the 10.22 registration deficient. 10.23 Sec. 10. Minnesota Statutes 2002, section 201.071, is 10.24 amended by adding a subdivision to read: 10.25 Subd. 4a. [DEFICIENT IDENTIFICATION OR RESIDENCE 10.26 INFORMATION.] The voter registration for a voter described in 10.27 section 201.061, subdivision 1a, who has not provided a copy of 10.28 current and valid photo identification or copy of current 10.29 utility bill, bank statement, government check, paycheck, or 10.30 other government document that shows the name and address of the 10.31 voter to the county auditor must be considered deficient until 10.32 remedied by the voter in the manner described in section 10.33 201.061, subdivision 1a. 10.34 Sec. 11. Minnesota Statutes 2002, section 201.071, is 10.35 amended by adding a subdivision to read: 10.36 Subd. 9. [EXISTING CARDS.] Existing stocks of registration 11.1 cards printed before August 1, 2003, that do not contain the 11.2 social security information required under this section may 11.3 continue to be used until the stock is exhausted. All 11.4 registration cards printed after July 31, 2003, must conform 11.5 with this section. 11.6 Sec. 12. Minnesota Statutes 2002, section 201.071, is 11.7 amended by adding a subdivision to read: 11.8 Subd. 10. [RULES.] The secretary of state shall adopt 11.9 rules to provide for registration cards that conform with this 11.10 section. 11.11 Sec. 13. Minnesota Statutes 2002, section 201.091, 11.12 subdivision 1, is amended to read: 11.13 Subdivision 1. [MASTER LIST.] Each county auditor shall 11.14 prepare and maintain a current list of registered voters in each 11.15 precinct in the county which is known as the master list. The 11.16 master list must be created by entering each completed voter 11.17 registration card received by the county auditor into the 11.18 statewide registration system. It must show the name, residence 11.19 address, and date of birth of each voter registered in the 11.20 precinct. The information contained in the master list may only 11.21 be made available to public officials for purposes related to 11.22 election administration, jury selection, and in response to a 11.23 law enforcement inquiry concerning a violation of or failure to 11.24 comply with any criminal statute or state or local tax statute. 11.25 If a copy of the master list is provided to a public official 11.26 for jury selection or in response to a law enforcement inquiry 11.27 described in this subdivision, the list may not include the 11.28 final four digits of the social security number of any voter. 11.29 Sec. 14. Minnesota Statutes 2002, section 201.091, is 11.30 amended by adding a subdivision to read: 11.31 Subd. 1a. [POLLING PLACE ROSTER.] A polling place roster 11.32 produced from data maintained in the statewide voter 11.33 registration file may not include the final four digits of the 11.34 social security number of any voter. 11.35 Sec. 15. Minnesota Statutes 2002, section 201.091, 11.36 subdivision 4, is amended to read: 12.1 Subd. 4. [PUBLIC INFORMATION LISTS.] The county auditor 12.2 shall make available for inspection a public information list 12.3 which must contain the name, address, year of birth, and voting 12.4 history of each registered voter in the county. The telephone 12.5 number must be included on the list if provided by the voter. 12.6 The public information list may also include information on 12.7 voting districts. The list must not contain the final four 12.8 digits of the social security number of any voter. The county 12.9 auditor may adopt reasonable rules governing access to the 12.10 list. No individual inspecting the public information list 12.11 shall tamper with or alter it in any manner. No individual who 12.12 inspects the public information list or who acquires a list of 12.13 registered voters prepared from the public information list may 12.14 use any information contained in the list for purposes unrelated 12.15 to elections, political activities, or law enforcement. The 12.16 secretary of state may provide copies of the public information 12.17 lists and other information from the statewide registration 12.18 system for uses related to elections, political activities, or 12.19 in response to a law enforcement inquiry from a public official 12.20 concerning a failure to comply with any criminal statute or any 12.21 state or local tax statute. 12.22 Before inspecting the public information list or obtaining 12.23 a list of voters or other information from the list, the 12.24 individual shall provide identification to the public official 12.25 having custody of the public information list and shall state in 12.26 writing that any information obtained from the list will not be 12.27 used for purposes unrelated to elections, political activities, 12.28 or law enforcement. Requests to examine or obtain information 12.29 from the public information lists or the statewide registration 12.30 system must be made and processed in the manner provided in the 12.31 rules of the secretary of state. 12.32 Upon receipt of a written request and a copy of the court 12.33 order, the secretary of state maymust withhold from the public 12.34 information list the name of any registered voter placed under 12.35 court-ordered protection. 12.36 Sec. 16. Minnesota Statutes 2002, section 201.091, 13.1 subdivision 5, is amended to read: 13.2 Subd. 5. [COPY OF LIST TO REGISTERED VOTER.] The county 13.3 auditors and the secretary of state shall provide papercopies 13.4 of the public information lists and may provide the lists in13.5 some other formin electronic or other media to any voter 13.6 registered in Minnesota within ten days of receiving a written 13.7 request accompanied by payment of the cost of reproduction. The 13.8 county auditors and the secretary of state shall make a copy of 13.9 the list available for public inspection without cost. An 13.10 individual who inspects or acquires a copy of a public 13.11 information list may not use any information contained in it for 13.12 purposes unrelated to elections, political activities, or law 13.13 enforcement. No list made available for public inspection or 13.14 purchase may include the date of birth of a registered voter. 13.15 Sec. 17. Minnesota Statutes 2002, section 201.121, 13.16 subdivision 1, is amended to read: 13.17 Subdivision 1. [ENTRY OF REGISTRATION INFORMATION.] Upon13.18 receivingAt the time a voter registration card is properly 13.19 completed and, submitted, and received in accordance with 13.20 sections 201.061 and 201.071, the county auditor shall enter in13.21 the information contained on it into the statewide registration 13.22 system the information contained on iton an expedited basis, 13.23 but no later than 42 days after receipt. Voter registration 13.24 cards completed before election day must be entered into the 13.25 statewide registration system within ten days after they have 13.26 been submitted to the county auditor. 13.27 Upon receiving a completed voter registration card or form, 13.28 the secretary of state may electronically transmit the 13.29 information on the card or form to the appropriate county 13.30 auditor as soon as possible for review by the county auditor 13.31 before final entry into the statewide registration system. The 13.32 secretary of state may mail the registration card or form to the 13.33 county auditor. 13.34 Sec. 18. Minnesota Statutes 2002, section 201.13, 13.35 subdivision 1, is amended to read: 13.36 Subdivision 1. [COMMISSIONER OF HEALTH, REPORTS OF 14.1 DECEASED RESIDENTS.] Pursuant to the Help America Vote Act of 14.2 2002, Public Law 107-252, the commissioner of health shall 14.3 report monthly by electronic means to the secretary of state the 14.4 name, address, date of birth, and county of residence of each 14.5 individual 18 years of age or older who has died while 14.6 maintaining residence in Minnesota since the last previous 14.7 report. The secretary of state shall determine if any of the 14.8 persons listed in the report are registered to vote and shall 14.9 prepare a list of those registrants for each county auditor. 14.10 Within 60 days after receiving the list from the secretary of 14.11 state, the county auditor shall change the status of those 14.12 registrants to "deceased" in the statewide registration system. 14.13 Sec. 19. Minnesota Statutes 2002, section 201.15, is 14.14 amended to read: 14.15 201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 14.16 COMMITMENTS.] 14.17 Subdivision 1. [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 14.18 to the Help America Vote Act of 2002, Public Law 107-252, the 14.19 state court administrator shall report monthly by electronic 14.20 means to the secretary of state the name, address, and date of 14.21 birth of each individual 18 years of age or over, who during the 14.22 month preceding the date of the report: 14.23 (a) was placed under a guardianship of the person; or 14.24 (b) was adjudged legally incompetent. 14.25 The court administrator shall also report the same 14.26 information for each individual transferred to the jurisdiction 14.27 of the court who meets a condition specified in clause (a) or 14.28 (b). The secretary of state shall determine if any of the 14.29 persons in the report is registered to vote and shall prepare a 14.30 list of those registrants for the county auditor. The county 14.31 auditor shall change the status on the record in the statewide 14.32 registration system of any individual named in the report to 14.33 indicate that the individual is not eligible to reregister or 14.34 vote. 14.35 Subd. 2. [RESTORATION TO CAPACITY.] Pursuant to the Help 14.36 America Vote Act of 2002, Public Law 107-252, the state court 15.1 administrator shall report monthly by electronic means to the 15.2 secretary of state the name, address, and date of birth of each 15.3 individual transferred from guardianship to conservatorship or 15.4 who is restored to capacity by the court after being ineligible 15.5 to vote for any of the reasons specified in subdivision 1. The 15.6 secretary of state shall determine if any of the persons in the 15.7 report is registered to vote and shall prepare a list of those 15.8 registrants for the county auditor. The county auditor shall 15.9 change the status on the voter's record in the statewide 15.10 registration system to "active." 15.11 Sec. 20. Minnesota Statutes 2002, section 201.155, is 15.12 amended to read: 15.13 201.155 [REPORT ON FELONY CONVICTIONS.] 15.14 Pursuant to the Help America Vote Act of 2002, Public Law 15.15 107-252, the state court administrator shall report at least 15.16 monthly by electronic means to the secretary of state the name, 15.17 address, final four digits of the voter's social security number 15.18 (or the statement "NONE" if the voter has no social security 15.19 number), date of birth, date of sentence, effective date of the 15.20 sentence, and county in which the conviction occurred of each 15.21 person who has been convicted of a felony. The state court 15.22 administrator shall also report the name, address, final four 15.23 digits of the voter's social security number (or the statement 15.24 "NONE" if the voter has no social security number), and date of 15.25 birth of each person previously convicted of a felony whose 15.26 civil rights have been restored. The secretary of state 15.27 shall determine if any of the persons in the report is15.28 registered to vote and shall prepareforward a list of those 15.29 registrants forindividuals to each county auditor. The county 15.30 auditor shall determine if any person identified in the report 15.31 as a resident of the county is registered to vote in the county 15.32 and change the status of those registrantseach registrant in 15.33 the appropriate manner in the statewide registration system. 15.34 Sec. 21. Minnesota Statutes 2002, section 201.161, is 15.35 amended to read: 15.36 201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 16.1 APPLICATIONS.] 16.2 The department of public safety shall change its 16.3 applications for an original, duplicate, or change of address 16.4 driver's license or identification card so that the forms may 16.5 also serve as voter registration cards. The forms must contain 16.6 spaces for the information required in section 201.071, 16.7 subdivision 1, and applicable rules of the secretary of state. 16.8 Applicants for driver's licenses or identification cards must be 16.9 asked if they want to register to vote at the same time. A copy16.10 of each application containing a completed voter registration16.11 must be sent to the county auditor of the county in which the16.12 voter maintains residence or to the secretary of state as soon16.13 as possible.Pursuant to the Help America Vote Act of 2002, 16.14 Public Law 107-252, the computerized driver's license record 16.15 information relating tocontaining the voter's name, address, 16.16 date of birth, driver's license number or state identification 16.17 number, county, town, and city must be made available for access 16.18 by the secretary of state and interaction with the statewide 16.19 voter registration system. 16.20 Sec. 22. [201.1615] [INFORMATION SHARING; USE OF SOCIAL 16.21 SECURITY NUMBER; FELONY.] 16.22 The secretary of state shall enter into an agreement with 16.23 the department of public safety to match information in the 16.24 statewide voter registration system with information in the 16.25 department of public safety database to verify the accuracy of 16.26 the information provided on applications for voter registrations. 16.27 The commissioner of public safety shall enter into an 16.28 agreement with the commissioner of the United States Social 16.29 Security Administration under section 205(r)(8) of the Social 16.30 Security Act to allow the use of the last four digits of the 16.31 social security number to be used to verify voter registration 16.32 information, to assure the maintenance of the confidentiality of 16.33 any applicable information disclosed, and to establish 16.34 procedures to permit the department to use the information for 16.35 purposes of maintaining its records. Without the written 16.36 authorization of the social security commissioner, publication 17.1 or communication of this information by any present or past 17.2 state officer, employee, or contractor is a felony. 17.3 Sec. 23. Minnesota Statutes 2002, section 201.171, is 17.4 amended to read: 17.5 201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 17.6 REGISTRATION REMOVED.] 17.7 Within six weeks after every election, the county auditor 17.8 shall post the voting history for every person who voted in the 17.9 election. After the close of the calendar year, the secretary 17.10 of state shall determine if any registrants have not voted 17.11 during the preceding four years andin two consecutive general 17.12 elections for federal office. The secretary of state shall 17.13 changeperform list maintenance by changing the status of those 17.14 registrants to "inactive" in the statewide registration system. 17.15 The list maintenance performed must be conducted in a manner 17.16 that ensures that the name of each registered voter appears in 17.17 the official list of eligible voters in the statewide 17.18 registration system. Only voters who are not registered or who 17.19 are not eligible to vote must be removed from the official list 17.20 of eligible voters. List maintenance must include procedures 17.21 for eliminating duplicate names from the official list of 17.22 eligible voters. 17.23 The secretary of state shall also prepare a report to the 17.24 county auditor containing the names of all registrants whose 17.25 status was changed to "inactive." 17.26 Although not counted in an election, a late absentee ballot17.27 must be considered a vote for the purpose of continuing17.28 registration.17.29 Sec. 24. Minnesota Statutes 2002, section 201.221, 17.30 subdivision 2, is amended to read: 17.31 Subd. 2. [UNIFORM PROCEDURES FOR COUNTIES.] The secretary 17.32 of state shall assist local election officers by devising 17.33 uniform forms and procedures. The secretary of state shall 17.34 provide uniform rules for maintaining voter registration records 17.35 on the statewide registration system. The secretary of state 17.36 shall supervise the development and use of the statewide 18.1 registration system to insure that it conforms to applicable 18.2 federal and state laws and rules. 18.3 Sec. 25. Minnesota Statutes 2002, section 201.221, 18.4 subdivision 3, is amended to read: 18.5 Subd. 3. [PROCEDURES FOR POLLING PLACE ROSTERS.] The 18.6 secretary of state shall prescribe the form of polling place 18.7 rosters that include the voter's name, address, date of birth, 18.8 school district number, andspace for the voter's signature, and 18.9 any other information prescribed by the secretary of state 18.10 necessary to permit election judges to perform duties required 18.11 by law. The polling place roster must be used to indicate 18.12 whether the voter has voted in a given election. The secretary 18.13 of state shall prescribe procedures for transporting the polling 18.14 place rosters to the election judges for use on election day. 18.15 The secretary of state shall prescribe the form for a county or 18.16 municipality to request the date of birth from currently 18.17 registered voters. The county or municipality shall not request 18.18 the date of birth from currently registered voters by any 18.19 communication other than the prescribed form and the form must 18.20 clearly indicate that a currently registered voter does not lose 18.21 registration status by failing to provide the date of birth. In 18.22 accordance with section 204B.40, the county auditor shall retain 18.23 the prescribed polling place rosters used on the date of 18.24 election for one year22 months following the election. 18.25 Sec. 26. Minnesota Statutes 2002, section 203B.06, 18.26 subdivision 4, is amended to read: 18.27 Subd. 4. [REGISTRATION CHECK.] Upon receipt of an 18.28 application for ballots, the county auditor, municipal clerk, or 18.29 election judge acting pursuant to section 203B.11, who receives 18.30 the application shall determine whether the applicant is a 18.31 registered voter. If the applicant is not registered to vote, 18.32 the county auditor, municipal clerk or election judge shall 18.33 include a voter registration card among the election materials 18.34 provided to the applicant. 18.35 If the voter record in the statewide system indicates that 18.36 the voter's registration is deficient under section 201.071, 19.1 subdivision 4a, the county auditor, municipal clerk, or election 19.2 judge shall include instructions for the voter to complete the 19.3 registration by one of the methods prescribed in section 19.4 201.061, subdivision 1a. The secretary of state shall publish 19.5 sample instructions and materials to comply with this 19.6 subdivision. 19.7 Sec. 27. Minnesota Statutes 2002, section 203B.08, 19.8 subdivision 3, is amended to read: 19.9 Subd. 3. [PROCEDURES ON RECEIPT OF BALLOTS.] When absentee 19.10 ballots are returned to a county auditor or municipal clerk, 19.11 that official shall stamp and date the return envelope with an 19.12 official seal of the office and place it in a secure location 19.13 with other return envelopes received by that office. The county 19.14 auditor or municipal clerk shall deliver themto the appropriate 19.15 election judges on election day all ballots received before or 19.16 with the last mail delivery by the United States Postal Service 19.17 on election day. 19.18 Sec. 28. Minnesota Statutes 2002, section 203B.12, 19.19 subdivision 2, is amended to read: 19.20 Subd. 2. [EXAMINATION OF RETURN ENVELOPES.] Two or more 19.21 election judges shall examine each return envelope and shall 19.22 mark it accepted or rejected in the manner provided in this 19.23 subdivision. If a ballot has been prepared under section 19.24 204B.12, subdivision 2a, or 204B.41, the election judges shall 19.25 not begin removing ballot envelopes from the return envelopes 19.26 until 8:00 p.m. on election day, either in the polling place or 19.27 at an absentee ballot board established under section 203B.13. 19.28 The election judges shall mark the return envelope 19.29 "Accepted" and initial or sign the return envelope below the 19.30 word "Accepted" if the election judges or a majority of them are 19.31 satisfied that: 19.32 (1) the voter's name and address on the return envelope are 19.33 the same as the information provided on the absentee ballot 19.34 application; 19.35 (2) the voter's signature on the return envelope is the 19.36 genuine signature of the individual who made the application for 20.1 ballots and the certificate has been completed as prescribed in 20.2 the directions for casting an absentee ballot; 20.3 (3) the voter is registered and eligible to vote in the 20.4 precinct or has included a properly completed registration card 20.5 in the return envelope, or has submitted documentation from the 20.6 list provided in section 201.061, subdivision 1a, clause (4), to 20.7 complete a registration that is deficient under section 201.071, 20.8 subdivision 4a; and 20.9 (4) the voter has not already voted at that election, 20.10 either in person or by absentee ballot. 20.11 The return envelope from accepted ballots must be preserved 20.12 and returned to the county auditor. 20.13 If all or a majority of the election judges examining 20.14 return envelopes find that an absent voter has failed to meet 20.15 one of the requirements prescribed in clauses (1) to (4), they 20.16 shall mark the return envelope "Rejected," initial or sign it 20.17 below the word "Rejected," and return it to the county auditor. 20.18 Sec. 29. Minnesota Statutes 2002, section 203B.16, is 20.19 amended by adding a subdivision to read: 20.20 Subd. 16. [DESIGNATION OF OFFICE.] The office of the 20.21 secretary of state is responsible for providing information 20.22 regarding voter registration and absentee balloting procedures 20.23 to be used by absent uniformed services voters, their spouses 20.24 and dependents, and voters overseas. 20.25 Sec. 30. Minnesota Statutes 2002, section 203B.17, is 20.26 amended to read: 20.27 203B.17 [APPLICATION FOR BALLOT.] 20.28 Subdivision 1. [SUBMISSION OF APPLICATION.] (a) An 20.29 application for absentee ballots for a voter described in 20.30 section 203B.16 may be submitted in writing or by electronic 20.31 facsimile device, or by electronic mail upon determination by 20.32 the secretary of state that security concerns have been 20.33 adequately addressed. An application for absentee ballots for a 20.34 voter described in section 203B.16 may be submitted by that 20.35 voter or by that voter's parent, spouse, sister, brother, or 20.36 child over the age of 18 years. For purposes of an application 21.1 under this subdivision, a person's social security number, no 21.2 matter how it is designated, qualifies as the person's military 21.3 identification number if the person is in the military. 21.4 (b) An application for a voter described in section 21.5 203B.16, subdivision 1, shall be submitted to the county auditor 21.6 of the county where the voter maintains residence. 21.7 (c) An application for a voter described in section 21.8 203B.16, subdivision 2, shall be submitted to the county auditor 21.9 of the county where the voter last maintained residence in 21.10 Minnesota. 21.11 (d) An application for absentee ballots for a primaryshall 21.12 also constitute an application for absentee ballots for any21.13 ensuingbe valid for any primary, special primary, general 21.14 election, or special election conducted during the same calendar21.15 year in whichfrom the time the application is received through 21.16 the next two regularly scheduled elections for federal office 21.17 held after the date on which the application is received. 21.18 (e) There shall be no limitation of time for filing and 21.19 receiving applications for ballots under sections 203B.16 to 21.20 203B.27. 21.21 Subd. 2. [REQUIRED INFORMATION.] An application shall be 21.22 accepted if it contains the following information stated under 21.23 oath: 21.24 (a) The voter's name, birthdate, and present address of 21.25 residence in Minnesota, or former address of residence in 21.26 Minnesota if the voter is living permanently outside the United 21.27 States; 21.28 (b) A statement indicating that the voter is in the 21.29 military, or is the spouse or dependent of an individual serving 21.30 in the military, or is temporarily outside the territorial 21.31 limits of the United States, or is living permanently outside 21.32 the territorial limits of the United States and voting under 21.33 federal law; 21.34 (c) A statement that the voter expects to be absent from 21.35 the precinct at the time of the election; 21.36 (d) The address to which absentee ballots are to be mailed; 22.1 (e) The voter's signature or the signature and relationship 22.2 of the individual authorized to apply on the voter's behalf; and 22.3 (f) The voter's military identification card number, 22.4 passport number, or, if the voter does not have a valid passport 22.5 or identification card, the signed statement of an individual 22.6 authorized to administer oaths or a commissioned or 22.7 noncommissioned officer of the military not below the rank of 22.8 sergeant or its equivalent, certifying that the voter or other 22.9 individual requesting absentee ballots has attested to the 22.10 truthfulness of the contents of the application under oath. 22.11 The oath taken must be the standard oath prescribed by 22.12 section 101(b)(7) of the Uniformed and Overseas Citizens 22.13 Absentee Voting Act. 22.14 A form for providing this information shall be prepared by 22.15 each county auditor and shall be furnished to individuals who 22.16 request it pursuant to this section. 22.17 Sec. 31. Minnesota Statutes 2002, section 203B.19, is 22.18 amended to read: 22.19 203B.19 [RECORDING APPLICATIONS.] 22.20 Upon accepting an application, the county auditor shall 22.21 record in the statewide registration system the voter's name, 22.22 address of present or former residence in Minnesota, mailing 22.23 address, school district number, and the category under section22.24 203B.16, to which the voter belongswhether the voter is in the 22.25 military or the spouse or dependent of an individual serving in 22.26 the military, is a voter temporarily outside the territorial 22.27 limits of the United States, or is living permanently outside 22.28 the territorial limits of the United States and voting under 22.29 federal law. The county auditor shall retain the record 22.30 for foursix years. A voter whose name is recorded as provided 22.31 in this section shall not be required to register under any 22.32 other provision of law in order to vote under sections 203B.16 22.33 to 203B.27. Persons from whom applications are not accepted 22.34 must be notified by the county auditor and provided with the 22.35 reasons for the rejection. 22.36 No later than 60 days after the general election, the 23.1 county auditor shall report to the secretary of state the 23.2 combined number of absentee ballots transmitted to absent voters 23.3 described in section 203B.16. No later than 60 days after the 23.4 general election, the county auditor shall report to the 23.5 secretary of state the combined number of absentee ballots 23.6 returned and cast by absent voters described in section 23.7 203B.16. The secretary of state may require the information be 23.8 reported by category under section 203B.16 or by precinct. 23.9 No later than 90 days after the general election, the 23.10 secretary of state shall report to the federal election 23.11 assistance commission the number of absentee ballots transmitted 23.12 to voters under section 203B.16. 23.13 Sec. 32. Minnesota Statutes 2002, section 203B.24, 23.14 subdivision 2, is amended to read: 23.15 Subd. 2. [VOTING MORE THAN ONCE.] The election judges 23.16 shall compare the voter's name with the names appearing on their 23.17 copy of the application records to insure that the voter has not 23.18 already returned a ballot in the election. The election judges 23.19 must indicate on the record whether an absentee ballot was 23.20 accepted for each applicant whose name appears on the record. 23.21 If a voter whose application has been recorded under section 23.22 203B.19 casts a ballot in person on election day, no absentee 23.23 ballot shall be counted for that voter. If more than one return 23.24 envelope is received from a voter whose application has been 23.25 recorded under section 203B.19, the ballots in the return 23.26 envelope bearing the latest date shall be counted and the 23.27 uncounted ballots shall be returned by the election judges with 23.28 the rejected ballots. The election judges must preserve the 23.29 record and return it to the county auditor or municipal clerk 23.30 with the election day materials. 23.31 Sec. 33. Minnesota Statutes 2002, section 203B.26, is 23.32 amended to read: 23.33 203B.26 [SEPARATE RECORD.] 23.34 A separate record of the ballots of absent voters cast 23.35 under sections 203B.16 to 203B.27 shallmust be kept in each 23.36 precinct. The content of the record must be in a form 24.1 prescribed by the secretary of state. 24.2 Sec. 34. Minnesota Statutes 2002, section 204B.47, is 24.3 amended to read: 24.4 204B.47 [ ALTERNATEALTERNATIVE ELECTION PROCEDURES; DUTIES 24.5 OF SECRETARY OF STATE.] 24.6 When a provision of the Minnesota Election Law cannot be 24.7 implemented as a result of an order of a state or federal court, 24.8 the secretary of state shall adopt alternatealternative 24.9 election procedures to permit the administration of any election 24.10 affected by the order. The procedures may include the voting 24.11 and handling of ballots cast after 8:00 p.m. as a result of a 24.12 state or federal court order or any other order extending the 24.13 time established by law for closing the polls. The alternate24.14 alternative election procedures remain in effect until the first 24.15 day of July following the next succeeding final adjournment of 24.16 the legislature, unless otherwise provided by law or by court 24.17 order. 24.18 Sec. 35. Minnesota Statutes 2002, section 204C.10, is 24.19 amended to read: 24.20 204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 24.21 REGISTRATION.] 24.22 (a) An individual seeking to vote shall sign a polling 24.23 place roster which states that the individual is at least 18 24.24 years of age, a citizen of the United States, has resided in 24.25 Minnesota for 20 days immediately preceding the election, 24.26 certifies residence at the address shown, is not under 24.27 guardianship of the person, has not been found by a court of law 24.28 to be legally incompetent to vote or convicted of a felony 24.29 without having civil rights restored, is registered and has not 24.30 already voted in the election. 24.31 (b) A judge mayshall, before the applicant signs the 24.32 roster, confirm the applicant's identity by requiring a picture 24.33 identification card or document issued by the United States or 24.34 Minnesota or an identification card issued by the tribal 24.35 government of a tribe recognized by the Bureau of Indian 24.36 Affairs, Department of the Interior, and may confirm the 25.1 applicant's name, address, and date of birth. If an applicant 25.2 does not have a card or document described by this section, the 25.3 applicant may sign the roster after executing an affidavit 25.4 before the judge. The affidavit must state: 25.5 (1) the name of the applicant; 25.6 (2) that the applicant does not have a picture 25.7 identification card or document issued by the United States or 25.8 Minnesota or an identification card issued by the tribal 25.9 government of a tribe recognized by the Bureau of Indian 25.10 Affairs, Department of the Interior, that contains the name, 25.11 address, signature, and picture of the applicant; and 25.12 (3) that the applicant swears or affirms that the applicant 25.13 is the same individual whose name is listed on the roster for 25.14 this precinct. 25.15 (c) After the applicant signs the roster, the judge shall 25.16 give the applicant a voter's receipt. The voter shall deliver 25.17 the voter's receipt to the judge in charge of ballots as proof 25.18 of the voter's right to vote, and thereupon the judge shall hand 25.19 to the voter the ballot. The voters' receipts must be 25.20 maintained during the time for notice of filing an election 25.21 contest. 25.22 Sec. 36. [204C.41] [RULES; VOTE COUNTING STANDARDS.] 25.23 The secretary of state shall adopt permanent rules to 25.24 establish uniform and nondiscriminatory standards of what 25.25 constitutes a vote for each method of voting and each type of 25.26 voting system approved for use in the state. The rules must 25.27 provide for an accurate determination of votes based on the 25.28 requirements of section 204C.22, objective evidence, the form of 25.29 ballots approved for use in this state, and the manner of 25.30 counting used for each vote. 25.31 Sec. 37. Minnesota Statutes 2002, section 206.57, is 25.32 amended by adding a subdivision to read: 25.33 Subd. 5. [VOTING SYSTEM FOR DISABLED VOTERS.] After 25.34 December 31, 2005, the voting method used in each polling place 25.35 must include a voting system that is accessible for individuals 25.36 with disabilities, including nonvisual accessibility for the 26.1 blind and visually impaired in a manner that provides the same 26.2 opportunity for access and participation, including privacy and 26.3 independence, as for other voters. 26.4 Sec. 38. Minnesota Statutes 2002, section 206.57, is 26.5 amended by adding a subdivision to read: 26.6 Subd. 6. [REQUIRED CERTIFICATION.] In addition to the 26.7 requirements in subdivision 1, a voting system must be certified 26.8 by an independent testing authority approved by the secretary of 26.9 state and conform to current standards for voting equipment 26.10 issued by the Federal Election Commission. 26.11 Sec. 39. Minnesota Statutes 2002, section 206.81, is 26.12 amended to read: 26.13 206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 26.14 (a) The secretary of state may licensecertify an 26.15 electronic voting system for experimental use at an election 26.16 prior to its approval for general use. 26.17 (b) The secretary of state must licenseapprove one or more 26.18 touch-sensitivedirect recording electronic voting systems for 26.19 experimental use at an election before their approval for 26.20 general use and may impose restrictions on their use. At least 26.21 one voting system licensed under this paragraph must permit 26.22 sighted persons to vote and at least one system must permit a 26.23 blind or visually impaired voter to cast a ballot independently 26.24 and privately. 26.25 (c) The secretary of state may approve the use of an 26.26 experimental electronic voting system to participate in the 26.27 electronic registration and voting demonstration project in 26.28 section 1604 of the National Defense Authorization Act for 26.29 fiscal year 2002, Public Law 107-107. The experimental system 26.30 must comply with section 1306(a) for absentee voters as provided 26.31 in the Uniformed and Overseas Citizens Absentee Voting Act 26.32 Public Law 99-410. The use of an experimental voting system 26.33 approved by the secretary of state must be valid for all 26.34 election purposes and jurisdictions as if the electronic voting 26.35 system had been adopted in accordance with the provisions of 26.36 this chapter. 27.1 (d) Experimental use must be observed by the secretary of 27.2 state or the secretary's designee and the results observed must 27.3 be considered at any subsequent proceedings for approval for 27.4 general use. 27.5 (d)(e) The secretary of state may adopt rules consistent 27.6 with sections 206.55 to 206.90 relating to experimental use. 27.7 The extent of experimental use must be determined by the 27.8 secretary of state. 27.9 Sec. 40. [AGREEMENTS.] 27.10 Subdivision 1. [COMMISSIONER OF HEALTH.] By January 1, 27.11 2004, the secretary of state and the commissioner of health 27.12 shall determine by mutual agreement the means to electronically 27.13 transfer death records between agency systems. 27.14 Subd. 2. [STATE COURT ADMINISTRATOR.] By January 1, 2004, 27.15 the secretary of state and the state court administrator shall 27.16 determine by mutual agreement the means to electronically 27.17 transfer guardianship and incompetency records and felony 27.18 conviction records between agency systems. 27.19 Subd. 3. [COMMISSIONER OF PUBLIC SAFETY.] By January 1, 27.20 2004, the commissioner of public safety and the secretary of 27.21 state shall determine by mutual agreement the means to 27.22 electronically transfer driver's license records between agency 27.23 systems.