1st Unofficial 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; amending Minnesota 1.4 Statutes 2002, sections 201.021; 201.022; 201.061, 1.5 subdivisions 1, 3, by adding a subdivision; 201.071, 1.6 subdivisions 1, 2, 3, by adding a subdivision; 1.7 201.091, subdivisions 4, 5, by adding a subdivision; 1.8 201.121, subdivision 1; 201.13, subdivision 1; 201.15, 1.9 as amended; 201.155; 201.161; 201.171; 201.221, 1.10 subdivisions 2, 3; 203B.06, subdivision 4; 203B.08, 1.11 subdivision 3; 203B.12, subdivision 2; 203B.16, by 1.12 adding a subdivision; 203B.17; 203B.19; 203B.24, 1.13 subdivision 2; 203B.26; 204C.10; 206.57, by adding 1.14 subdivisions; 206.81; proposing coding for new law in 1.15 Minnesota Statutes, chapter 201. 1.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.17 Section 1. Minnesota Statutes 2002, section 201.021, is 1.18 amended to read: 1.19 201.021 [PERMANENT REGISTRATION SYSTEM.] 1.20 A permanent system of voter registration by county is 1.21 established, with
the county systems linked together by a1.22 centralized statewide systema single, official, centralized, 1.23 interactive computerized statewide voter registration list 1.24 defined, maintained, and administered at the state level that 1.25 contains the name and registration information of every legally 1.26 registered voter in the state, and assigns a unique identifier 1.27 to each legally registered voter in the state. The interactive 1.28 computerized statewide voter registration list constitutes the 1.29 official list of every legally registered voter in the state. 1.30 The county auditor shall be chief registrar of voters and the 2.1 chief custodian of the official registration records in each 2.2 county. The secretary of state is responsible for defining, 2.3 maintaining, and administering the centralized system. 2.4 Sec. 2. Minnesota Statutes 2002, section 201.022, is 2.5 amended to read: 2.6 201.022 [STATEWIDE REGISTRATION SYSTEM.] 2.7 Subdivision 1. [ESTABLISHMENT.] The secretary of state 2.8 shall maintain a statewide voter registration system to 2.9 facilitate voter registration and to provide a central database 2.10 containing voter registration information from around the 2.11 state. The system must be accessible to the county auditor of 2.12 each county in the state. The system must also: 2.13 (1) provide for voters to submit their voter registration 2.14 applications to any county auditor, the secretary of state, or 2.15 the Department of Public Safety; 2.16 (2) provide for the definition, establishment, and 2.17 maintenance of a central database for all voter registration 2.18 information; 2.19 (3) provide for entering data into the statewide 2.20 registration system; 2.21 (4) provide for electronic transfer of completed voter 2.22 registration applications from the Department of Public Safety 2.23 to the secretary of state or the county auditor; 2.24 (5) assign a unique identifier to each legally registered 2.25 voter in the state; 2.26 (6) provide for the acceptance of the Minnesota driver's 2.27 license number, Minnesota state identification number, and last 2.28 four digits of the Social Security number for each voter record; 2.29 (7) coordinate with other agency databases within the 2.30 state; 2.31 (8) allow county auditors and the secretary of state to add 2.32 or modify information in the system to provide for accurate and 2.33 up-to-date records; 2.34 (9) allow county auditors, municipal and school district 2.35 clerks, and the secretary of state to have electronic access to 2.36 the statewide registration system for review and search 3.1 capabilities; 3.2 (10) provide security and protection of all information in 3.3 the statewide registration system and ensure that unauthorized 3.4 access is not allowed; 3.5 (11) provide a system for each county to identify the 3.6 precinct to which a voter should be assigned for voting 3.7 purposes; and 3.8 (12) provide reports on the number of absentee ballots 3.9 transmitted to and returned and cast by voters under section 3.10 203B.16. 3.11 The appropriate state or local official shall provide 3.12 security measures to prevent unauthorized access to the 3.13 computerized list established under section 201.021. 3.14 Subd. 2. [RULES.] The secretary of state shall make 3.15 permanent rules necessary to administer the system required in 3.16 subdivision 1. The rules must at least:3.17 (1) provide for voters to submit their registration to any3.18 county auditor, the secretary of state, or the Department of3.19 Public Safety;3.20 (2) provide for the establishment and maintenance of a3.21 central database for all voter registration information;3.22 (3) provide procedures for entering data into the statewide3.23 registration system;3.24 (4) provide for interaction with the computerized driver's3.25 license records of the Department of Public Safety;3.26 (5) allow the offices of all county auditors and the3.27 secretary of state to add, modify, and delete information from3.28 the system to provide for accurate and up-to-date records;3.29 (6) allow the offices of all county auditors and the3.30 Secretary of State's Office to have access to the statewide3.31 registration system for review and search capabilities;3.32 (7) provide security and protection of all information in3.33 the statewide registration system and to ensure that3.34 unauthorized entry is not allowed;3.35 (8) provide a system for each county to identify the3.36 precinct to which a voter should be assigned for voting4.1 purposes; and4.2 (9) prescribe a procedure for the return of completed voter4.3 registration forms from the Department of Public Safety to the4.4 secretary of state or the county auditor.4.5 Sec. 3. Minnesota Statutes 2002, section 201.061, 4.6 subdivision 1, is amended to read: 4.7 Subdivision 1. [PRIOR TO ELECTION DAY.] At any time except 4.8 during the 20 days immediately preceding any election, an 4.9 eligible voter or any individual who will be an eligible voter 4.10 at the time of the next election may register to vote in the 4.11 precinct in which the voter maintains residence by completing 4.12 a voter registration cardapplication as described in section 4.13 201.071, subdivision 1, and submitting it in person or by mail 4.14 to the county auditor of that county or to the Secretary of 4.15 State's Office. A registration that is received no later than 4.16 5:00 p.m. on the 21st day preceding any election shall be 4.17 accepted. An improperly addressed or delivered 4.18 registration cardapplication shall be forwarded within two 4.19 working days after receipt to the county auditor of the county 4.20 where the voter maintains residence. A state or local agency or 4.21 an individual that accepts completed voter registration 4.22 cardsapplications from a voter must submit the completed cards4.23 applications to the secretary of state or the appropriate county 4.24 auditor within ten days after the cardsapplications are dated 4.25 by the voter. 4.26 An individual who registers to vote by mail must include 4.27 with the completed voter registration application a copy of: 4.28 (1) a current and valid photo identification that includes 4.29 the individual's name and photo; or 4.30 (2) a current utility bill, bank statement, government 4.31 check, paycheck, or other government document that shows the 4.32 name and address of the voter. 4.33 For purposes of this subdivision, mail registration is 4.34 defined as a voter registration application postmarked and 4.35 delivered to the secretary of state, county auditor, or 4.36 municipal clerk by the United States Postal Service. 5.1 Sec. 4. Minnesota Statutes 2002, section 201.061, is 5.2 amended by adding a subdivision to read: 5.3 Subd. 1a. [DEFICIENT REGISTRATION BY MAIL.] If the county 5.4 auditor determines that a voter who has submitted a voter 5.5 registration application by mail has not previously voted in 5.6 this state for a federal office and has also not presented a 5.7 copy of a current utility bill, bank statement, government 5.8 check, paycheck, or other government document that shows the 5.9 name and address of the voter to the auditor, then the county 5.10 auditor must notify the voter that the registration is deficient 5.11 and to complete registration by using one of the following 5.12 methods: 5.13 (1) presenting to the auditor more than 20 days before the 5.14 election a copy of a current and valid photo identification or a 5.15 copy of a current utility bill, bank statement, government 5.16 check, paycheck, or other government document that shows the 5.17 name and address of the voter; 5.18 (2) registering in person before or on election day; 5.19 (3) if voting by mail, including a copy of a current and 5.20 valid photo identification or a copy of a current utility bill, 5.21 bank statement, government check, paycheck, or other government 5.22 document that shows the name and address of the voter; or 5.23 (4) providing proof of residence by any of the methods 5.24 authorized for election day registration in section 201.061, 5.25 subdivision 3. 5.26 Sec. 5. Minnesota Statutes 2002, section 201.061, 5.27 subdivision 3, is amended to read: 5.28 Subd. 3. [ELECTION DAY REGISTRATION.] An individual who is 5.29 eligible to vote may register on election day by appearing in 5.30 person at the polling place for the precinct in which the 5.31 individual maintains residence, by completing a 5.32 registration cardapplication, making an oath in the form 5.33 prescribed by the secretary of state and providing proof of 5.34 residence. An individual may prove residence for purposes of 5.35 registering by: 5.36 (1) showingpresenting a driver's license or Minnesota 6.1 identification card issued pursuant to section 171.07; 6.2 (2) showingpresenting any document approved by the 6.3 secretary of state as proper identification; 6.4 (3) showingpresenting one of the following: 6.5 (i) a current valid student identification card from a 6.6 postsecondary educational institution in Minnesota, if a list of 6.7 students from that institution has been prepared under section 6.8 135A.17 and certified to the county auditor in the manner 6.9 provided in rules of the secretary of state; or 6.10 (ii) a current student fee statement that contains the 6.11 student's valid address in the precinct together with a picture 6.12 identification card; 6.13 (4) presenting a notice of deficient registration that 6.14 shows the individual's name and address and was delivered by the 6.15 county auditor to the individual by nonforwardable mail; or 6.16 (5) having a voter who is registered to vote in the 6.17 precinct sign an oath in the presence of the election judge 6.18 vouching that the voter personally knows that the individual is 6.19 a resident of the precinct. A voter who has been vouched for on 6.20 election day may not sign a proof of residence oath vouching for 6.21 any other individual on that election day ; or. 6.22 (5)For tribal band members living on an Indian 6.23 reservation, an individual may prove residence for purposes of 6.24 registering by showingpresenting an identification card issued 6.25 by the tribal government of a tribe recognized by the Bureau of 6.26 Indian Affairs, United States Department of the Interior, that 6.27 contains the name, street address, signature, and picture of the 6.28 individual. The county auditor of each county having territory 6.29 within the reservation shall maintain a record of the number of 6.30 election day registrations accepted under this section. 6.31 A county, school district, or municipality may require that 6.32 an election judge responsible for election day registration 6.33 initial each completed registration cardapplication. 6.34 Sec. 6. Minnesota Statutes 2002, section 201.071, 6.35 subdivision 1, is amended to read: 6.36 Subdivision 1. [FORM.] A voter registration card7.1 application must be of suitable size and weight for mailing and 7.2 contain spaces for the following required information: voter's 7.3 first name, middle name, and last name; voter's previous name, 7.4 if any; voter's current address; voter's previous address, if 7.5 any; voter's date of birth; voter's municipality and county of 7.6 residence; voter's telephone number, if provided by the voter; 7.7 date of registration; current and valid Minnesota driver's 7.8 license number or Minnesota state identification number, or if 7.9 the voter has no current and valid Minnesota driver's license or 7.10 Minnesota state identification, the last four digits of the 7.11 voter's Social Security number; and voter's signature. The card7.12 application must also contain a certification of voter 7.13 eligibility. The application must include boxes for the voter 7.14 to respond to the following questions: 7.15 "(1) Are you a citizen of the United States?" and 7.16 "(2) Will you be 18 years old on or before election day?" 7.17 And the instruction: 7.18 "If you checked 'no' to either of these questions, do not 7.19 complete this form." 7.20 The form of the voter registration cardapplication and the 7.21 certification of voter eligibility must be as provided in the 7.22 rules of the secretary of state. Voter registration forms 7.23 authorized by the National Voter Registration Act may also be 7.24 accepted as valid. 7.25 Sec. 7. Minnesota Statutes 2002, section 201.071, 7.26 subdivision 2, is amended to read: 7.27 Subd. 2. [INSTRUCTIONS.] A registration cardapplication 7.28 shall be accompanied by instructions specifying the manner and 7.29 method of registration, the qualifications for voting, the 7.30 penalties for false registration, and the availability of 7.31 registration and voting assistance for elderly and handicapped 7.32 individuals and residents of health care facilities and 7.33 hospitals. The instructions must indicate that if the voter 7.34 does not have a valid Minnesota driver's license or 7.35 identification card, the last four digits of the voter's Social 7.36 Security number must be provided, unless the voter does not have 8.1 a Social Security number. If, prior to election day, a person 8.2 requests the instructions in Braille, on cassette tape, or in a 8.3 version printed in 16-point bold type with heavy leading, the 8.4 county auditor shall provide them in the form requested. The 8.5 secretary of state shall prepare Braille and cassette copies and 8.6 make them available. 8.7 Sec. 8. Minnesota Statutes 2002, section 201.071, 8.8 subdivision 3, is amended to read: 8.9 Subd. 3. [DEFICIENT REGISTRATION.] Except as provided in 8.10 subdivision 4a, no voter registration application is deficient 8.11 if it contains the voter's name, address, date of birth, current 8.12 and valid Minnesota driver's license number or Minnesota state 8.13 identification number, or if the voter has no current and valid 8.14 Minnesota driver's license or Minnesota state identification 8.15 number, the last four digits of the voter's Social Security 8.16 number, prior registration, if any, and signature. The absence 8.17 of a zip code number does not cause the registration to be 8.18 deficient. The election judges shall request an individual to 8.19 correct a voter registration cardapplication if it is deficient 8.20 or illegible or if the name or number of the voter's school 8.21 district is missing or obviously incorrect. No eligible voter 8.22 may be prevented from voting unless the voter's 8.23 registration cardapplication is deficient or the voter is duly 8.24 and successfully challenged in accordance with section 201.195 8.25 or 204C.12. 8.26 A voter registration cardapplication accepted prior to 8.27 August 1, 1983, is not deficient for lack of date of birth. The 8.28 county or municipality may attempt to obtain the date of birth 8.29 for a voter registration cardapplication accepted prior to 8.30 August 1, 1983, by a request to the voter at any time except at 8.31 the polling place. Failure by the voter to comply with this 8.32 request does not make the registration deficient. 8.33 A voter registration application accepted before January 1, 8.34 2004, is not deficient for lack of a valid driver's license or 8.35 Minnesota state identification number or last four digits of a 8.36 Social Security number. 9.1 Sec. 9. Minnesota Statutes 2002, section 201.071, is 9.2 amended by adding a subdivision to read: 9.3 Subd. 4a. [DEFICIENT IDENTIFICATION OR RESIDENCE 9.4 INFORMATION.] A voter who receives a notice of deficient 9.5 registration from the county auditor may either provide the 9.6 information required to correct the deficiency at least 21 days 9.7 before the next election or at the polling place on election day. 9.8 Sec. 10. Minnesota Statutes 2002, section 201.091, 9.9 subdivision 4, is amended to read: 9.10 Subd. 4. [PUBLIC INFORMATION LISTS.] The county auditor 9.11 shall make available for inspection a public information list 9.12 which must contain the name, address, year of birth, and voting 9.13 history of each registered voter in the county. The telephone 9.14 number must be included on the list if provided by the voter. 9.15 The public information list may also include information on 9.16 voting districts. The county auditor may adopt reasonable rules 9.17 governing access to the list. No individual inspecting the 9.18 public information list shall tamper with or alter it in any 9.19 manner. No individual who inspects the public information list 9.20 or who acquires a list of registered voters prepared from the 9.21 public information list may use any information contained in the 9.22 list for purposes unrelated to elections, political activities, 9.23 or law enforcement. The secretary of state may provide copies 9.24 of the public information lists and other information from the 9.25 statewide registration system for uses related to elections, 9.26 political activities, or in response to a law enforcement 9.27 inquiry from a public official concerning a failure to comply 9.28 with any criminal statute or any state or local tax statute. 9.29 Before inspecting the public information list or obtaining 9.30 a list of voters or other information from the list, the 9.31 individual shall provide identification to the public official 9.32 having custody of the public information list and shall state in 9.33 writing that any information obtained from the list will not be 9.34 used for purposes unrelated to elections, political activities, 9.35 or law enforcement. Requests to examine or obtain information 9.36 from the public information lists or the statewide registration 10.1 system must be made and processed in the manner provided in the 10.2 rules of the secretary of state. 10.3 Upon receipt of a written request and a copy of the court 10.4 order, the secretary of state maymust withhold from the public 10.5 information list the name of any registered voter placed under 10.6 court-ordered protection. 10.7 Sec. 11. Minnesota Statutes 2002, section 201.091, 10.8 subdivision 5, is amended to read: 10.9 Subd. 5. [COPY OF LIST TO REGISTERED VOTER.] The county 10.10 auditors and the secretary of state shall provide papercopies 10.11 of the public information lists and may provide the lists in10.12 some other formin electronic or other media to any voter 10.13 registered in Minnesota within ten days of receiving a written 10.14 request accompanied by payment of the cost of reproduction. The 10.15 county auditors and the secretary of state shall make a copy of 10.16 the list available for public inspection without cost. An 10.17 individual who inspects or acquires a copy of a public 10.18 information list may not use any information contained in it for 10.19 purposes unrelated to elections, political activities, or law 10.20 enforcement. No list made available for public inspection or10.21 purchase may include the date of birth of a registered voter.10.22 Sec. 12. Minnesota Statutes 2002, section 201.091, is 10.23 amended by adding a subdivision to read: 10.24 Subd. 9. [RESTRICTED DATA.] A list provided for public 10.25 inspection or purchase must not include a voter's date of birth 10.26 or any part of a voter's Social Security number, driver's 10.27 license number, or identification card number. 10.28 Sec. 13. Minnesota Statutes 2002, section 201.121, 10.29 subdivision 1, is amended to read: 10.30 Subdivision 1. [ENTRY OF REGISTRATION INFORMATION.] Upon10.31 receivingAt the time a voter registration cardapplication is 10.32 properly completed and, submitted, and received in accordance 10.33 with sections 201.061 and 201.071, the county auditor shall 10.34 enter inthe information contained on it into the statewide 10.35 registration system the information contained on iton an 10.36 expedited basis, but no later than 42 days after receipt, unless 11.1 the county auditor notifies the secretary of state before the 11.2 42-day deadline has expired that the deadline will not be met. 11.3 Voter registration cardsapplications completed before election 11.4 day must be entered into the statewide registration system 11.5 within ten days after they have been submitted to the county 11.6 auditor. 11.7 Upon receiving a completed voter registration card or11.8 formapplication, the secretary of state may electronically 11.9 transmit the information on the card or formapplication to the 11.10 appropriate county auditor as soon as possible for review by the 11.11 county auditor before final entry into the statewide 11.12 registration system. The secretary of state may mail the voter 11.13 registration card or formapplication to the county auditor. 11.14 Sec. 14. Minnesota Statutes 2002, section 201.13, 11.15 subdivision 1, is amended to read: 11.16 Subdivision 1. [COMMISSIONER OF HEALTH, REPORTS OF 11.17 DECEASED RESIDENTS.] Pursuant to the Help America Vote Act of 11.18 2002, Public Law 107-252, the commissioner of health shall 11.19 report monthly by electronic means to the secretary of state the 11.20 name, address, date of birth, and county of residence of each 11.21 individual 18 years of age or older who has died while 11.22 maintaining residence in Minnesota since the last previous 11.23 report. The secretary of state shall determine if any of the 11.24 persons listed in the report are registered to vote and shall 11.25 prepare a list of those registrants for each county auditor. 11.26 Within 60 days after receiving the list from the secretary of 11.27 state, the county auditor shall change the status of those 11.28 registrants to "deceased" in the statewide registration system. 11.29 Sec. 15. Minnesota Statutes 2002, section 201.15, as 11.30 amended by Laws 2003, chapter 12, article 2, section 3, is 11.31 amended to read: 11.32 201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 11.33 COMMITMENTS.] 11.34 Subdivision 1. [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 11.35 to the Help America Vote Act of 2002, Public Law 107-252, the 11.36 state court administrator shall report monthly by electronic 12.1 means to the secretary of state the name, address, and date of 12.2 birth of each individual 18 years of age or over, who during the 12.3 month preceding the date of the report: 12.4 (a) was placed under a guardianship of the person in which 12.5 the court order provides that the ward does not retain the right 12.6 to vote; or 12.7 (b) was adjudged legally incompetent. 12.8 The court administrator shall also report the same 12.9 information for each individual transferred to the jurisdiction 12.10 of the court who meets a condition specified in clause (a) or 12.11 (b). The secretary of state shall determine if any of the 12.12 persons in the report is registered to vote and shall prepare a 12.13 list of those registrants for the county auditor. The county 12.14 auditor shall change the status on the record in the statewide 12.15 registration system of any individual named in the report to 12.16 indicate that the individual is not eligible to reregister or 12.17 vote. 12.18 Subd. 2. [RESTORATION TO CAPACITY.] Pursuant to the Help 12.19 America Vote Act of 2002, Public Law 107-252, the state court 12.20 administrator shall report monthly by electronic means to the 12.21 secretary of state the name, address, and date of birth of each 12.22 individual transferred from guardianship to conservatorship or 12.23 who is restored to capacity by the court after being ineligible 12.24 to vote for any of the reasons specified in subdivision 1. The 12.25 secretary of state shall determine if any of the persons in the 12.26 report is registered to vote and shall prepare a list of those 12.27 registrants for the county auditor. The county auditor shall 12.28 change the status on the voter's record in the statewide 12.29 registration system to "active." 12.30 Sec. 16. Minnesota Statutes 2002, section 201.155, is 12.31 amended to read: 12.32 201.155 [REPORT ON FELONY CONVICTIONS.] 12.33 Pursuant to the Help America Vote Act of 2002, Public Law 12.34 107-252, the state court administrator shall report monthly by 12.35 electronic means to the secretary of state the name, address, 12.36 date of birth, date of sentence, effective date of the sentence, 13.1 and county in which the conviction occurred of each person who 13.2 has been convicted of a felony. The state court administrator 13.3 shall also report the name, address, and date of birth of each 13.4 person previously convicted of a felony whose civil rights have 13.5 been restored. The secretary of state shall determine if any of 13.6 the persons in the report is registered to vote and shall 13.7 prepare a list of those registrants for each county auditor. 13.8 The county auditor shall change the status of those registrants 13.9 in the appropriate manner in the statewide registration system. 13.10 Sec. 17. Minnesota Statutes 2002, section 201.161, is 13.11 amended to read: 13.12 201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 13.13 APPLICATIONS.] 13.14 The Department of Public Safety shall change its 13.15 applications for an original, duplicate, or change of address 13.16 driver's license or identification card so that the forms may 13.17 also serve as voter registration cardsapplications. The forms 13.18 must contain spaces for the information required in section 13.19 201.071, subdivision 1, and applicable rules of the secretary of 13.20 state. Applicants for driver's licenses or identification cards 13.21 must be asked if they want to register to vote at the same 13.22 time and that information must be transmitted at least weekly by 13.23 electronic means to the secretary of state. A copy of each13.24 application containing a completed voter registration must be13.25 sent to the county auditor of the county in which the voter13.26 maintains residence or to the secretary of state as soon as13.27 possible.Pursuant to the Help America Vote Act of 2002, Public 13.28 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. 18. [201.1615] [INFORMATION SHARING; USE OF SOCIAL 13.35 SECURITY NUMBER.] 13.36 The secretary of state shall enter into an agreement with 14.1 the commissioner 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 ensure 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. 14.14 Sec. 19. Minnesota Statutes 2002, section 201.171, is 14.15 amended to read: 14.16 201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 14.17 REGISTRATION REMOVED.] 14.18 Within six weeks after every election, the county auditor 14.19 shall post the voting history for every person who voted in the 14.20 election. After the close of the calendar year, the secretary 14.21 of state shall determine if any registrants have not voted 14.22 during the preceding four years and. The secretary of state 14.23 shall changeperform list maintenance by changing the status of 14.24 those registrants to "inactive" in the statewide registration 14.25 system. The list maintenance performed must be conducted in a 14.26 manner that ensures that the name of each registered voter 14.27 appears in the official list of eligible voters in the statewide 14.28 registration system. A voter must not be removed from the 14.29 official list of eligible voters unless the voter is not 14.30 eligible or is not registered to vote. List maintenance must 14.31 include procedures for eliminating duplicate names from the 14.32 official list of eligible voters. 14.33 The secretary of state shall also prepare a report to the 14.34 county auditor containing the names of all registrants whose 14.35 status was changed to "inactive." 14.36 Although not counted in an election, a late absentee ballot 15.1 must be considered a vote for the purpose of continuing 15.2 registration. 15.3 Sec. 20. Minnesota Statutes 2002, section 201.221, 15.4 subdivision 2, is amended to read: 15.5 Subd. 2. [UNIFORM PROCEDURES FOR COUNTIES.] The secretary 15.6 of state shall assist local election officers by devising 15.7 uniform forms and procedures. The secretary of state shall 15.8 provide uniform rules for maintaining voter registration records 15.9 on the statewide registration system. The secretary of state 15.10 shall supervise the development and use of the statewide 15.11 registration system to insure that it conforms to applicable 15.12 federal and state laws and rules. 15.13 Sec. 21. Minnesota Statutes 2002, section 201.221, 15.14 subdivision 3, is amended to read: 15.15 Subd. 3. [PROCEDURES FOR POLLING PLACE ROSTERS.] The 15.16 secretary of state shall prescribe the form of polling place 15.17 rosters that include the voter's name, address, date of birth, 15.18 school district number, and space for the voter's signature. 15.19 The polling place roster must be used to indicate whether the 15.20 voter has voted in a given election. The secretary of state 15.21 shall prescribe procedures for transporting the polling place 15.22 rosters to the election judges for use on election day. The 15.23 secretary of state shall prescribe the form for a county or 15.24 municipality to request the date of birth from currently 15.25 registered voters. The county or municipality shall not request 15.26 the date of birth from currently registered voters by any 15.27 communication other than the prescribed form and the form must 15.28 clearly indicate that a currently registered voter does not lose 15.29 registration status by failing to provide the date of birth. In 15.30 accordance with section 204B.40, the county auditor shall retain 15.31 the prescribed polling place rosters used on the date of 15.32 election for one year22 months following the election. 15.33 Sec. 22. Minnesota Statutes 2002, section 203B.06, 15.34 subdivision 4, is amended to read: 15.35 Subd. 4. [REGISTRATION CHECK.] Upon receipt of an 15.36 application for ballots, the county auditor, municipal clerk, or 16.1 election judge acting pursuant to section 203B.11, who receives 16.2 the application shall determine whether the applicant is a 16.3 registered voter. If the applicant is not registered to vote, 16.4 the county auditor, municipal clerk or election judge shall 16.5 include a voter registration cardapplication among the election 16.6 materials provided to the applicant. 16.7 Sec. 23. Minnesota Statutes 2002, section 203B.08, 16.8 subdivision 3, is amended to read: 16.9 Subd. 3. [PROCEDURES ON RECEIPT OF BALLOTS.] When absentee 16.10 ballots are returned to a county auditor or municipal clerk, 16.11 that official shall stamp and date the return envelope with an 16.12 official seal of the office and place it in a secure location 16.13 with other return envelopes received by that office. The county 16.14 auditor or municipal clerk shall deliver themto the appropriate 16.15 election judges on election day all ballots received before or 16.16 with the last mail delivery by the United States Postal Service 16.17 on election day. A town clerk may request the United States 16.18 Postal Service to deliver absentee ballots to the polling place 16.19 on election day instead of to the official address of the town 16.20 clerk. 16.21 Sec. 24. Minnesota Statutes 2002, section 203B.12, 16.22 subdivision 2, is amended to read: 16.23 Subd. 2. [EXAMINATION OF RETURN ENVELOPES.] Two or more 16.24 election judges shall examine each return envelope and shall 16.25 mark it accepted or rejected in the manner provided in this 16.26 subdivision. If a ballot has been prepared under section 16.27 204B.12, subdivision 2a, or 204B.41, the election judges shall 16.28 not begin removing ballot envelopes from the return envelopes 16.29 until 8:00 p.m. on election day, either in the polling place or 16.30 at an absentee ballot board established under section 203B.13. 16.31 The election judges shall mark the return envelope 16.32 "Accepted" and initial or sign the return envelope below the 16.33 word "Accepted" if the election judges or a majority of them are 16.34 satisfied that: 16.35 (1) the voter's name and address on the return envelope are 16.36 the same as the information provided on the absentee ballot 17.1 application; 17.2 (2) the voter's signature on the return envelope is the 17.3 genuine signature of the individual who made the application for 17.4 ballots and the certificate has been completed as prescribed in 17.5 the directions for casting an absentee ballot; 17.6 (3) the voter is registered and eligible to vote in the 17.7 precinct or has included a properly completed voter registration 17.8 cardapplication in the return envelope; and 17.9 (4) the voter has not already voted at that election, 17.10 either in person or by absentee ballot. 17.11 The return envelope from accepted ballots must be preserved 17.12 and returned to the county auditor. 17.13 If all or a majority of the election judges examining 17.14 return envelopes find that an absent voter has failed to meet 17.15 one of the requirements prescribed in clauses (1) to (4), they 17.16 shall mark the return envelope "Rejected," initial or sign it 17.17 below the word "Rejected," and return it to the county auditor. 17.18 Sec. 25. Minnesota Statutes 2002, section 203B.16, is 17.19 amended by adding a subdivision to read: 17.20 Subd. 4. [DUTIES OF SECRETARY OF STATE.] The secretary of 17.21 state shall provide information regarding voter registration and 17.22 absentee balloting procedures to be used by absent uniformed 17.23 services voters, their spouses and dependents, and overseas 17.24 voters. 17.25 Sec. 26. Minnesota Statutes 2002, section 203B.17, is 17.26 amended to read: 17.27 203B.17 [APPLICATION FOR BALLOT.] 17.28 Subdivision 1. [SUBMISSION OF APPLICATION.] (a) An 17.29 application for absentee ballots for a voter described in 17.30 section 203B.16 may be submitted in writing or by electronic 17.31 facsimile device, or by electronic mail upon determination by 17.32 the secretary of state that security concerns have been 17.33 adequately addressed. An application for absentee ballots for a 17.34 voter described in section 203B.16 may be submitted by that 17.35 voter or by that voter's parent, spouse, sister, brother, or 17.36 child over the age of 18 years. For purposes of an application 18.1 under this subdivision, a person's Social Security number, no 18.2 matter how it is designated, qualifies as the person's military 18.3 identification number if the person is in the military. 18.4 (b) An application for a voter described in section 18.5 203B.16, subdivision 1, shall be submitted to the county auditor 18.6 of the county where the voter maintains residence. 18.7 (c) An application for a voter described in section 18.8 203B.16, subdivision 2, shall be submitted to the county auditor 18.9 of the county where the voter last maintained residence in 18.10 Minnesota. 18.11 (d) An application for absentee ballots for a primaryshall 18.12 also constitute an application for absentee ballots for any18.13 ensuingbe valid for any primary, special primary, general 18.14 election, or special election conducted during the same calendar18.15 year in whichfrom the time the application is received through 18.16 the next two regularly scheduled general elections for federal 18.17 office held after the date on which the application is received. 18.18 (e) There shall be no limitation of time for filing and 18.19 receiving applications for ballots under sections 203B.16 to 18.20 203B.27. 18.21 Subd. 2. [REQUIRED INFORMATION.] An application shall be 18.22 accepted if it contains the following information stated under 18.23 oath: 18.24 (a) The voter's name, birthdate, and present address of 18.25 residence in Minnesota, or former address of residence in 18.26 Minnesota if the voter is living permanently outside the United 18.27 States; 18.28 (b) A statement indicating that the voter is in the 18.29 military, or is the spouse or dependent of an individual serving 18.30 in the military, or is temporarily outside the territorial 18.31 limits of the United States, or is living permanently outside 18.32 the territorial limits of the United States and voting under 18.33 federal law; 18.34 (c) A statement that the voter expects to be absent from 18.35 the precinct at the time of the election; 18.36 (d) The address to which absentee ballots are to be mailed; 19.1 (e) The voter's signature or the signature and relationship 19.2 of the individual authorized to apply on the voter's behalf; and 19.3 (f) The voter's military identification card number, 19.4 passport number, or, if the voter does not have a valid passport 19.5 or identification card, the signed statement of an individual 19.6 authorized to administer oaths or a commissioned or 19.7 noncommissioned officer of the military not below the rank of 19.8 sergeant or its equivalent, certifying that the voter or other 19.9 individual requesting absentee ballots has attested to the 19.10 truthfulness of the contents of the application under oath. 19.11 The oath taken must be the standard oath prescribed by 19.12 section 101(b)(7) of the Uniformed and Overseas Citizens 19.13 Absentee Voting Act. 19.14 A form for providing this information shall be prepared by 19.15 each county auditor and shall be furnished to individuals who 19.16 request it pursuant to this section. 19.17 Sec. 27. Minnesota Statutes 2002, section 203B.19, is 19.18 amended to read: 19.19 203B.19 [RECORDING APPLICATIONS.] 19.20 Upon accepting an application, the county auditor shall 19.21 record in the statewide registration system the voter's name, 19.22 address of present or former residence in Minnesota, mailing 19.23 address, school district number, and the category under section19.24 203B.16, to which the voter belongswhether the voter is in the 19.25 military or the spouse or dependent of an individual serving in 19.26 the military, is a voter temporarily outside the territorial 19.27 limits of the United States, or is living permanently outside 19.28 the territorial limits of the United States and voting under 19.29 federal law. The county auditor shall retain the record 19.30 for foursix years. A voter whose name is recorded as provided 19.31 in this section shall not be required to register under any 19.32 other provision of law in order to vote under sections 203B.16 19.33 to 203B.27. Persons from whom applications are not accepted 19.34 must be notified by the county auditor and provided with the 19.35 reasons for the rejection. 19.36 No later than 60 days after the general election, the 20.1 county auditor shall report to the secretary of state the 20.2 combined number of absentee ballots transmitted to absent voters 20.3 described in section 203B.16. No later than 60 days after the 20.4 general election, the county auditor shall report to the 20.5 secretary of state the combined number of absentee ballots 20.6 returned and cast by absent voters described in section 20.7 203B.16. The secretary of state may require the information be 20.8 reported by category under section 203B.16 or by precinct. 20.9 No later than 90 days after the general election, the 20.10 secretary of state shall report to the federal Election 20.11 Assistance Commission the number of absentee ballots transmitted 20.12 to voters under section 203B.16. 20.13 Sec. 28. Minnesota Statutes 2002, section 203B.24, 20.14 subdivision 2, is amended to read: 20.15 Subd. 2. [VOTING MORE THAN ONCE.] The election judges 20.16 shall compare the voter's name with the names appearing on their 20.17 copy of the application records to insure that the voter has not 20.18 already returned a ballot in the election. The election judges 20.19 must indicate on the record whether an absentee ballot was 20.20 accepted for each applicant whose name appears on the record. 20.21 If a voter whose application has been recorded under section 20.22 203B.19 casts a ballot in person on election day, no absentee 20.23 ballot shall be counted for that voter. If more than one return 20.24 envelope is received from a voter whose application has been 20.25 recorded under section 203B.19, the ballots in the return 20.26 envelope bearing the latest date shall be counted and the 20.27 uncounted ballots shall be returned by the election judges with 20.28 the rejected ballots. The election judges must preserve the 20.29 record and return it to the county auditor or municipal clerk 20.30 with the election day materials. 20.31 Sec. 29. Minnesota Statutes 2002, section 203B.26, is 20.32 amended to read: 20.33 203B.26 [SEPARATE RECORD.] 20.34 A separate record of the ballots of absent voters cast 20.35 under sections 203B.16 to 203B.27 shallmust be kept in each 20.36 precinct. The content of the record must be in a form 21.1 prescribed by the secretary of state. 21.2 Sec. 30. Minnesota Statutes 2002, section 204C.10, is 21.3 amended to read: 21.4 204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 21.5 REGISTRATION.] 21.6 An individual seeking to vote shall sign a polling place 21.7 roster which states that the individual is at least 18 years of 21.8 age, a citizen of the United States, has resided in Minnesota 21.9 for 20 days immediately preceding the election, certifies 21.10 residence at the address shown, is not under guardianship of the 21.11 person in which the court order provides that the ward does not 21.12 retain the right to vote, has not been found by a court of law 21.13 to be legally incompetent to vote or convicted of a felony 21.14 without having civil rights restored, is registered and has not 21.15 already voted in the election. A judge may, before the 21.16 applicant signs the roster, confirm the applicant's name, 21.17 address, and date of birth. After the applicant signs the 21.18 roster, the judge shall give the applicant a voter's receipt. 21.19 The voter shall deliver the voter's receipt to the judge in 21.20 charge of ballots as proof of the voter's right to vote, and 21.21 thereupon the judge shall hand to the voter the ballot. The 21.22 voters' receipts must be maintained during the time for notice 21.23 of filing an election contest. 21.24 Sec. 31. Minnesota Statutes 2002, section 206.57, is 21.25 amended by adding a subdivision to read: 21.26 Subd. 5. [VOTING SYSTEM FOR DISABLED VOTERS.] After 21.27 December 31, 2005, the voting method used in each polling place 21.28 must include a voting system that is accessible for individuals 21.29 with disabilities, including nonvisual accessibility for the 21.30 blind and visually impaired in a manner that provides the same 21.31 opportunity for access and participation, including privacy and 21.32 independence, as for other voters. 21.33 Sec. 32. Minnesota Statutes 2002, section 206.57, is 21.34 amended by adding a subdivision to read: 21.35 Subd. 6. [REQUIRED CERTIFICATION.] In addition to the 21.36 requirements in subdivision 1, a voting system must be certified 22.1 by an independent testing authority approved by the secretary of 22.2 state and conform to current standards for voting equipment 22.3 issued by the Federal Election Commission or its successor, the 22.4 Election Assistance Commission. 22.5 Sec. 33. Minnesota Statutes 2002, section 206.81, is 22.6 amended to read: 22.7 206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 22.8 (a) The secretary of state may licenseapprove an 22.9 electronic voting system for experimental use at an election 22.10 prior to its approval for general use. 22.11 (b) The secretary of state must licenseapprove one or more 22.12 touch-sensitivedirect recording electronic voting systems for 22.13 experimental use at an election before their approval for 22.14 general use and may impose restrictions on their use. At least 22.15 one voting system licensedapproved under this paragraph must 22.16 permit sighted persons to vote and at least one system must 22.17 permit a blind or visually impaired voter to cast a ballot 22.18 independently and privately. 22.19 (c) Experimental use must be observed by the secretary of 22.20 state or the secretary's designee and the results observed must 22.21 be considered at any subsequent proceedings for approval for 22.22 general use. 22.23 (d) The secretary of state may adopt rules consistent with 22.24 sections 206.55 to 206.90 relating to experimental use. The 22.25 extent of experimental use must be determined by the secretary 22.26 of state. 22.27 Sec. 34. [AGREEMENTS.] 22.28 Subdivision 1. [COMMISSIONER OF HEALTH.] The secretary of 22.29 state and the commissioner of health shall determine by mutual 22.30 agreement the means to electronically transfer death records 22.31 between agency systems. The secretary of state shall make the 22.32 records of deceased registered voters in the county available to 22.33 the county auditor by July 1, 2004. 22.34 Subd. 2. [STATE COURT ADMINISTRATOR.] By May 1, 2004, the 22.35 secretary of state and the state court administrator shall 22.36 determine by mutual agreement the means to electronically 23.1 transfer to the secretary of state the names of registered 23.2 voters who have been convicted of a felony, placed under 23.3 guardianship of the person, declared legally incompetent, or 23.4 have had their civil rights restored. The secretary of state 23.5 shall make the records of affected voters in the county 23.6 available to the county auditor by July 1, 2004. 23.7 Subd. 3. [COMMISSIONER OF PUBLIC SAFETY.] The commissioner 23.8 of public safety and the secretary of state shall determine by 23.9 mutual agreement the means to electronically transfer driver's 23.10 license records between agency systems. The secretary of state 23.11 shall make the records of those eligible voters in the county 23.12 who have indicated their intent to register to vote available to 23.13 the county auditor by July 1, 2004. 23.14 Sec. 35. [EFFECTIVE DATE.] 23.15 This act is effective retroactively from January 1, 2004.