2nd 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; 201.091, subdivisions 4, 5, by 1.7 adding a subdivision; 201.121, subdivision 1; 201.13, 1.8 subdivision 1; 201.15, as amended; 201.155; 201.161; 1.9 201.171; 201.221, subdivisions 2, 3; 203B.06, 1.10 subdivision 4; 203B.08, subdivision 3; 203B.12, 1.11 subdivision 2; 203B.16, by adding a subdivision; 1.12 203B.17; 203B.19; 203B.24, subdivision 2; 203B.26; 1.13 204C.08, by adding a subdivision; 204C.10; 206.57, by 1.14 adding subdivisions; 206.81; proposing coding for new 1.15 law in 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 access to municipal clerks to use the system 3.6 to enter or modify absentee voting records; 3.7 (12) provide a system for each county to identify the 3.8 precinct to which a voter should be assigned for voting 3.9 purposes; 3.10 (13) provide daily reports accessible by county auditors on 3.11 the driver's license numbers, state identification numbers, or 3.12 last four digits of the Social Security numbers submitted on 3.13 voter registration applications that have been verified as 3.14 accurate by the secretary of state; and 3.15 (14) provide reports on the number of absentee ballots 3.16 transmitted to and returned and cast by voters under section 3.17 203B.16. 3.18 The appropriate state or local official shall provide 3.19 security measures to prevent unauthorized access to the 3.20 computerized list established under section 201.021. 3.21 Subd. 2. [RULES.] The secretary of state shall make 3.22 permanent rules necessary to administer the system required in 3.23 subdivision 1. The rules must at least:3.24 (1) provide for voters to submit their registration to any3.25 county auditor, the secretary of state, or the Department of3.26 Public Safety;3.27 (2) provide for the establishment and maintenance of a3.28 central database for all voter registration information;3.29 (3) provide procedures for entering data into the statewide3.30 registration system;3.31 (4) provide for interaction with the computerized driver's3.32 license records of the Department of Public Safety;3.33 (5) allow the offices of all county auditors and the3.34 secretary of state to add, modify, and delete information from3.35 the system to provide for accurate and up-to-date records;3.36 (6) allow the offices of all county auditors and the4.1 Secretary of State's Office to have access to the statewide4.2 registration system for review and search capabilities;4.3 (7) provide security and protection of all information in4.4 the statewide registration system and to ensure that4.5 unauthorized entry is not allowed;4.6 (8) provide a system for each county to identify the4.7 precinct to which a voter should be assigned for voting4.8 purposes; and4.9 (9) prescribe a procedure for the return of completed voter4.10 registration forms from the Department of Public Safety to the4.11 secretary of state or the county auditor.4.12 Sec. 3. Minnesota Statutes 2002, section 201.061, 4.13 subdivision 1, is amended to read: 4.14 Subdivision 1. [PRIOR TO ELECTION DAY.] At any time except 4.15 during the 20 days immediately preceding any election, an 4.16 eligible voter or any individual who will be an eligible voter 4.17 at the time of the next election may register to vote in the 4.18 precinct in which the voter maintains residence by completing 4.19 a voter registration cardapplication as described in section 4.20 201.071, subdivision 1, and submitting it in person or by mail 4.21 to the county auditor of that county or to the Secretary of 4.22 State's Office. A registration that is received no later than 4.23 5:00 p.m. on the 21st day preceding any election shall be 4.24 accepted. An improperly addressed or delivered 4.25 registration cardapplication shall be forwarded within two 4.26 working days after receipt to the county auditor of the county 4.27 where the voter maintains residence. A state or local agency or 4.28 an individual that accepts completed voter registration 4.29 cardsapplications from a voter must submit the completed cards4.30 applications to the secretary of state or the appropriate county 4.31 auditor within ten days after the cardsapplications are dated 4.32 by the voter. 4.33 For purposes of this section, mail registration is defined 4.34 as a voter registration application postmarked and delivered to 4.35 the secretary of state, county auditor, or municipal clerk by 4.36 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. [INCOMPLETE 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, and the county 5.10 auditor is unable to verify the voter's driver's license, state 5.11 identification, or last four digits of the voter's Social 5.12 Security number as provided by the voter on the voter 5.13 registration application, then the county auditor must notify 5.14 the voter that the registration is incomplete and to complete 5.15 registration by using one of the following methods: 5.16 (1) presenting to the auditor more than 20 days before the 5.17 election a copy of a current and valid photo identification or a 5.18 copy of a current utility bill, bank statement, government 5.19 check, paycheck, or other government document that shows the 5.20 name and address of the voter; 5.21 (2) registering in person before or on election day; 5.22 (3) if voting by mail, including a copy of a current and 5.23 valid photo identification or a copy of a current utility bill, 5.24 bank statement, government check, paycheck, or other government 5.25 document that shows the name and address of the voter; or 5.26 (4) providing proof of residence by any of the methods 5.27 authorized for election day registration in section 201.061, 5.28 subdivision 3. 5.29 Sec. 5. Minnesota Statutes 2002, section 201.061, 5.30 subdivision 3, is amended to read: 5.31 Subd. 3. [ELECTION DAY REGISTRATION.] An individual who is 5.32 eligible to vote may register on election day by appearing in 5.33 person at the polling place for the precinct in which the 5.34 individual maintains residence, by completing a 5.35 registration cardapplication, making an oath in the form 5.36 prescribed by the secretary of state and providing proof of 6.1 residence. An individual may prove residence for purposes of 6.2 registering by: 6.3 (1) showingpresenting a driver's license or Minnesota 6.4 identification card issued pursuant to section 171.07; 6.5 (2) showingpresenting any document approved by the 6.6 secretary of state as proper identification; 6.7 (3) showingpresenting one of the following: 6.8 (i) a current valid student identification card from a 6.9 postsecondary educational institution in Minnesota, if a list of 6.10 students from that institution has been prepared under section 6.11 135A.17 and certified to the county auditor in the manner 6.12 provided in rules of the secretary of state; or 6.13 (ii) a current student fee statement that contains the 6.14 student's valid address in the precinct together with a picture 6.15 identification card; or 6.16 (4) 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 athe following certification of 7.13 voter eligibility .: 7.14 "I certify that I: 7.15 (1) will be at least 18 years old on election day; 7.16 (2) am a citizen of the United States; 7.17 (3) will have resided in Minnesota for 20 days immediately 7.18 preceding election day; 7.19 (4) maintain residence at the address given on the 7.20 registration form; 7.21 (5) am not under court-ordered guardianship of the person 7.22 where I have not retained the right to vote; 7.23 (6) have not been found by a court to be legally 7.24 incompetent to vote; 7.25 (7) have not been convicted of a felony without having my 7.26 civil rights restored; and 7.27 (8) have read and understand the following statement: that 7.28 giving false information is a felony punishable by not more than 7.29 five years imprisonment or a fine of not more than $10,000, or 7.30 both." 7.31 The certification must include boxes for the voter to 7.32 respond to the following questions: 7.33 "(1) Are you a citizen of the United States?" and 7.34 "(2) Will you be 18 years old on or before election day?" 7.35 And the instruction: 7.36 "If you checked 'no' to either of these questions, do not 8.1 complete this form." 8.2 The form of the voter registration card and the8.3 certification of voter eligibility must be as provided in the8.4 rules of the secretary of stateEach county auditor shall 8.5 provide voter registration applications in the form provided in 8.6 this subdivision. Voter registration forms authorized by the 8.7 National Voter Registration Act may also be accepted as valid. 8.8 Sec. 7. Minnesota Statutes 2002, section 201.071, 8.9 subdivision 2, is amended to read: 8.10 Subd. 2. [INSTRUCTIONS.] A registration cardapplication 8.11 shall be accompanied by instructions specifying the manner and 8.12 method of registration, the qualifications for voting, the 8.13 penalties for false registration, and the availability of 8.14 registration and voting assistance for elderly and handicapped 8.15 individuals and residents of health care facilities and 8.16 hospitals. The instructions must indicate that if the voter 8.17 does not have a valid Minnesota driver's license or 8.18 identification card, the last four digits of the voter's Social 8.19 Security number must be provided, unless the voter does not have 8.20 a Social Security number. If, prior to election day, a person 8.21 requests the instructions in Braille, on cassette tape, or in a 8.22 version printed in 16-point bold type with heavy leading, the 8.23 county auditor shall provide them in the form requested. The 8.24 secretary of state shall prepare Braille and cassette copies and 8.25 make them available. 8.26 Sec. 8. Minnesota Statutes 2002, section 201.071, 8.27 subdivision 3, is amended to read: 8.28 Subd. 3. [DEFICIENT REGISTRATION.] No voter registration 8.29 application is deficient if it contains the voter's name, 8.30 address, date of birth, current and valid Minnesota driver's 8.31 license number or Minnesota state identification number, or if 8.32 the voter has no current and valid Minnesota driver's license or 8.33 Minnesota state identification number, the last four digits of 8.34 the voter's Social Security number, if the voter has been issued 8.35 a Social Security number, prior registration, if any, and 8.36 signature. The absence of a zip code number does not cause the 9.1 registration to be deficient. Failure to check a box on an 9.2 application form that a voter has certified to be true does not 9.3 cause the registration to be deficient. The election judges 9.4 shall request an individual to correct a voter registration card9.5 application if it is deficient or illegible or if the name or 9.6 number of the voter's school district is missing or obviously 9.7 incorrect. No eligible voter may be prevented from voting 9.8 unless the voter's registration cardapplication is deficient or 9.9 the voter is duly and successfully challenged in accordance with 9.10 section 201.195 or 204C.12. 9.11 A voter registration cardapplication accepted prior to 9.12 August 1, 1983, is not deficient for lack of date of birth. The 9.13 county or municipality may attempt to obtain the date of birth 9.14 for a voter registration cardapplication accepted prior to 9.15 August 1, 1983, by a request to the voter at any time except at 9.16 the polling place. Failure by the voter to comply with this 9.17 request does not make the registration deficient. 9.18 A voter registration application accepted before January 1, 9.19 2004, is not deficient for lack of a valid Minnesota driver's 9.20 license or state identification number or the last four digits 9.21 of a Social Security number. A voter registration application 9.22 submitted by a voter who does not have a Minnesota driver's 9.23 license or state identification number, or a Social Security 9.24 number, is not deficient or incomplete for lack of any of these 9.25 numbers. 9.26 Sec. 9. Minnesota Statutes 2002, section 201.091, 9.27 subdivision 4, is amended to read: 9.28 Subd. 4. [PUBLIC INFORMATION LISTS.] The county auditor 9.29 shall make available for inspection a public information list 9.30 which must contain the name, address, year of birth, and voting 9.31 history of each registered voter in the county. The telephone 9.32 number must be included on the list if provided by the voter. 9.33 The public information list may also include information on 9.34 voting districts. The county auditor may adopt reasonable rules 9.35 governing access to the list. No individual inspecting the 9.36 public information list shall tamper with or alter it in any 10.1 manner. No individual who inspects the public information list 10.2 or who acquires a list of registered voters prepared from the 10.3 public information list may use any information contained in the 10.4 list for purposes unrelated to elections, political activities, 10.5 or law enforcement. The secretary of state may provide copies 10.6 of the public information lists and other information from the 10.7 statewide registration system for uses related to elections, 10.8 political activities, or in response to a law enforcement 10.9 inquiry from a public official concerning a failure to comply 10.10 with any criminal statute or any state or local tax statute. 10.11 Before inspecting the public information list or obtaining 10.12 a list of voters or other information from the list, the 10.13 individual shall provide identification to the public official 10.14 having custody of the public information list and shall state in 10.15 writing that any information obtained from the list will not be 10.16 used for purposes unrelated to elections, political activities, 10.17 or law enforcement. Requests to examine or obtain information 10.18 from the public information lists or the statewide registration 10.19 system must be made and processed in the manner provided in the 10.20 rules of the secretary of state. 10.21 Upon receipt of a written request and a copy of the court 10.22 order, the secretary of state maymust withhold from the public 10.23 information list the name of any registered voter placed under 10.24 court-ordered protection. 10.25 Sec. 10. Minnesota Statutes 2002, section 201.091, 10.26 subdivision 5, is amended to read: 10.27 Subd. 5. [COPY OF LIST TO REGISTERED VOTER.] The county 10.28 auditors and the secretary of state shall provide papercopies 10.29 of the public information lists and may provide the lists in10.30 some other formin electronic or other media to any voter 10.31 registered in Minnesota within ten days of receiving a written 10.32 request accompanied by payment of the cost of reproduction. The 10.33 county auditors and the secretary of state shall make a copy of 10.34 the list available for public inspection without cost. An 10.35 individual who inspects or acquires a copy of a public 10.36 information list may not use any information contained in it for 11.1 purposes unrelated to elections, political activities, or law 11.2 enforcement. No list made available for public inspection or11.3 purchase may include the date of birth of a registered voter.11.4 Sec. 11. Minnesota Statutes 2002, section 201.091, is 11.5 amended by adding a subdivision to read: 11.6 Subd. 9. [RESTRICTED DATA.] A list provided for public 11.7 inspection or purchase must not include a voter's date of birth 11.8 or any part of a voter's Social Security number, driver's 11.9 license number, or identification card number. 11.10 Sec. 12. Minnesota Statutes 2002, section 201.121, 11.11 subdivision 1, is amended to read: 11.12 Subdivision 1. [ENTRY OF REGISTRATION INFORMATION.] 11.13 (a) Upon receivingAt the time a voter registration card11.14 application is properly completed and, submitted, and received 11.15 in accordance with sections 201.061 and 201.071, the county 11.16 auditor shall enter inthe information contained on it into the 11.17 statewide registration system the information contained on it. 11.18 Voter registration cardsapplications completed before election 11.19 day must be entered into the statewide registration system 11.20 within ten days after they have been submitted to the county 11.21 auditor. Voter registration applications completed on election 11.22 day must be entered into the statewide registration system 11.23 within 42 days after the election, unless the county auditor 11.24 notifies the secretary of state before the 42-day deadline has 11.25 expired that the deadline will not be met. 11.26 (b) Upon receiving a completed voter registration card or11.27 formapplication, the secretary of state may electronically 11.28 transmit the information on the card or formapplication to the 11.29 appropriate county auditor as soon as possible for review by the 11.30 county auditor before final entry into the statewide 11.31 registration system. The secretary of state may mail the voter 11.32 registration card or formapplication to the county auditor. 11.33 (c) Within ten days after the county auditor has entered 11.34 information from a voter registration application into the 11.35 statewide registration system, the secretary of state shall 11.36 compare the voter's name, date of birth, and driver's license 12.1 number, state identification number, or the last four digits of 12.2 the Social Security number with the same information contained 12.3 in the Department of Public Safety database. 12.4 (d) The identification of a voter is verified if either 12.5 clause (1) or clause (2) is satisfied: 12.6 (1) ten or more of the alphanumeric sequence of the 12.7 driver's license number, or ten or more of the alphanumeric 12.8 sequence of the state identification number, or three or more of 12.9 the last four digits of the Social Security number stated on the 12.10 voter registration application match those in the Department of 12.11 Public Safety database, and either the name or date of birth on 12.12 the voter registration application matches the name or date of 12.13 birth in the Department of Public Safety database; or 12.14 (2) the information provided on the voter registration 12.15 application and the corresponding information in the Department 12.16 of Public Safety database are otherwise sufficiently similar to 12.17 conclude that the information relates to the same person. 12.18 (e) The secretary of state shall provide a report to the 12.19 county auditor on a weekly basis that includes a list of voters 12.20 whose name, date of birth, or identification number have been 12.21 compared with the same information in the Department of Public 12.22 Safety database and cannot be verified as provided in this 12.23 subdivision. The report must list separately those voters who 12.24 have submitted a voter registration application by mail and have 12.25 not voted in a federal election in this state. 12.26 (f) The county auditor shall send a notice of incomplete 12.27 registration to any voter whose name appears on the report and 12.28 change the voter's status to "incomplete." A voter who receives 12.29 a notice of incomplete registration from the county auditor may 12.30 either provide the information required to complete the 12.31 registration at least 21 days before the next election or at the 12.32 polling place on election day. 12.33 Sec. 13. Minnesota Statutes 2002, section 201.13, 12.34 subdivision 1, is amended to read: 12.35 Subdivision 1. [COMMISSIONER OF HEALTH, REPORTS OF 12.36 DECEASED RESIDENTS.] Pursuant to the Help America Vote Act of 13.1 2002, Public Law 107-252, the commissioner of health shall 13.2 report monthly by electronic means to the secretary of state the 13.3 name, address, date of birth, and county of residence of each 13.4 individual 18 years of age or older who has died while 13.5 maintaining residence in Minnesota since the last previous 13.6 report. The secretary of state shall determine if any of the 13.7 persons listed in the report are registered to vote and shall 13.8 prepare a list of those registrants for each county auditor. 13.9 Within 60 days after receiving the list from the secretary of 13.10 state, the county auditor shall change the status of those 13.11 registrants to "deceased" in the statewide registration system. 13.12 Sec. 14. Minnesota Statutes 2002, section 201.15, as 13.13 amended by Laws 2003, chapter 12, article 2, section 3, is 13.14 amended to read: 13.15 201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 13.16 COMMITMENTS.] 13.17 Subdivision 1. [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 13.18 to the Help America Vote Act of 2002, Public Law 107-252, the 13.19 state court administrator shall report monthly by electronic 13.20 means to the secretary of state the name, address, and date of 13.21 birth of each individual 18 years of age or over, who during the 13.22 month preceding the date of the report: 13.23 (a) was placed under a guardianship of the person in which 13.24 the court order provides that the ward does not retain the right 13.25 to vote; or 13.26 (b) was adjudged legally incompetent. 13.27 The court administrator shall also report the same 13.28 information for each individual transferred to the jurisdiction 13.29 of the court who meets a condition specified in clause (a) or 13.30 (b). The secretary of state shall determine if any of the 13.31 persons in the report is registered to vote and shall prepare a 13.32 list of those registrants for the county auditor. The county 13.33 auditor shall change the status on the record in the statewide 13.34 registration system of any individual named in the report to 13.35 indicate that the individual is not eligible to reregister or 13.36 vote. 14.1 Subd. 2. [RESTORATION TO CAPACITY.] Pursuant to the Help 14.2 America Vote Act of 2002, Public Law 107-252, the state court 14.3 administrator shall report monthly by electronic means to the 14.4 secretary of state the name, address, and date of birth of each 14.5 individual transferred from guardianship to conservatorship or 14.6 who is restored to capacity by the court after being ineligible 14.7 to vote for any of the reasons specified in subdivision 1. The 14.8 secretary of state shall determine if any of the persons in the 14.9 report is registered to vote and shall prepare a list of those 14.10 registrants for the county auditor. The county auditor shall 14.11 change the status on the voter's record in the statewide 14.12 registration system to "active." 14.13 Sec. 15. Minnesota Statutes 2002, section 201.155, is 14.14 amended to read: 14.15 201.155 [REPORT ON FELONY CONVICTIONS.] 14.16 Pursuant to the Help America Vote Act of 2002, Public Law 14.17 107-252, the state court administrator shall report monthly by 14.18 electronic means to the secretary of state the name, address, 14.19 date of birth, date of sentence, effective date of the sentence, 14.20 and county in which the conviction occurred of each person who 14.21 has been convicted of a felony. The state court administrator 14.22 shall also report the name, address, and date of birth of each 14.23 person previously convicted of a felony whose civil rights have 14.24 been restored. The secretary of state shall determine if any of 14.25 the persons in the report is registered to vote and shall 14.26 prepare a list of those registrants for each county auditor. 14.27 The county auditor shall change the status of those registrants 14.28 in the appropriate manner in the statewide registration system. 14.29 Sec. 16. Minnesota Statutes 2002, section 201.161, is 14.30 amended to read: 14.31 201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 14.32 APPLICATIONS.] 14.33 The Department of Public Safety shall change its 14.34 applications for an original, duplicate, or change of address 14.35 driver's license or identification card so that the forms may 14.36 also serve as voter registration cardsapplications. The forms 15.1 must contain spaces for the information required in section 15.2 201.071, subdivision 1, and applicable rules of the secretary of 15.3 state. Applicants for driver's licenses or identification cards 15.4 must be asked if they want to register to vote at the same 15.5 time and that information must be transmitted at least weekly by 15.6 electronic means to the secretary of state. A copy of each15.7 application containing a completed voter registration must be15.8 sent to the county auditor of the county in which the voter15.9 maintains residence or to the secretary of state as soon as15.10 possible.Pursuant to the Help America Vote Act of 2002, Public 15.11 Law 107-252, the computerized driver's license record 15.12 information relating tocontaining the voter's name, address, 15.13 date of birth, driver's license number or state identification 15.14 number, county, town, and city must be made available for access 15.15 by the secretary of state and interaction with the statewide 15.16 voter registration system. 15.17 Sec. 17. [201.1615] [INFORMATION SHARING; USE OF SOCIAL 15.18 SECURITY NUMBER.] 15.19 The secretary of state shall enter into an agreement with 15.20 the commissioner of public safety to match information in the 15.21 statewide voter registration system with information in the 15.22 Department of Public Safety database to verify the accuracy of 15.23 the information provided on applications for voter registrations. 15.24 The commissioner of public safety shall enter into an 15.25 agreement with the commissioner of the United States Social 15.26 Security Administration under section 205(r)(8) of the Social 15.27 Security Act to allow the use of the last four digits of the 15.28 Social Security number to be used to verify voter registration 15.29 information, to ensure the maintenance of the confidentiality of 15.30 any applicable information disclosed, and to establish 15.31 procedures to permit the department to use the information for 15.32 purposes of maintaining its records. 15.33 Sec. 18. Minnesota Statutes 2002, section 201.171, is 15.34 amended to read: 15.35 201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 15.36 REGISTRATION REMOVED.] 16.1 Within six weeks after every election, the county auditor 16.2 shall post the voting history for every person who voted in the 16.3 election. After the close of the calendar year, the secretary 16.4 of state shall determine if any registrants have not voted 16.5 during the preceding four years and. The secretary of state 16.6 shall changeperform list maintenance by changing the status of 16.7 those registrants to "inactive" in the statewide registration 16.8 system. The list maintenance performed must be conducted in a 16.9 manner that ensures that the name of each registered voter 16.10 appears in the official list of eligible voters in the statewide 16.11 registration system. A voter must not be removed from the 16.12 official list of eligible voters unless the voter is not 16.13 eligible or is not registered to vote. List maintenance must 16.14 include procedures for eliminating duplicate names from the 16.15 official list of eligible voters. 16.16 The secretary of state shall also prepare a report to the 16.17 county auditor containing the names of all registrants whose 16.18 status was changed to "inactive." 16.19 Although not counted in an election, a late absentee ballot 16.20 must be considered a vote for the purpose of continuing 16.21 registration. 16.22 Sec. 19. Minnesota Statutes 2002, section 201.221, 16.23 subdivision 2, is amended to read: 16.24 Subd. 2. [UNIFORM PROCEDURES FOR COUNTIES.] The secretary 16.25 of state shall assist local election officers by devising 16.26 uniform forms and procedures. The secretary of state shall 16.27 provide uniform rules for maintaining voter registration records 16.28 on the statewide registration system. The secretary of state 16.29 shall supervise the development and use of the statewide 16.30 registration system to insure that it conforms to applicable 16.31 federal and state laws and rules. 16.32 Sec. 20. Minnesota Statutes 2002, section 201.221, 16.33 subdivision 3, is amended to read: 16.34 Subd. 3. [PROCEDURES FOR POLLING PLACE ROSTERS.] The 16.35 secretary of state shall prescribe the form of polling place 16.36 rosters that include the voter's name, address, date of birth, 17.1 school district number, and space for the voter's signature. 17.2 The polling place roster must be used to indicate whether the 17.3 voter has voted in a given election. The secretary of state 17.4 shall prescribe procedures for transporting the polling place 17.5 rosters to the election judges for use on election day. The 17.6 secretary of state shall prescribe the form for a county or 17.7 municipality to request the date of birth from currently 17.8 registered voters. The county or municipality shall not request 17.9 the date of birth from currently registered voters by any 17.10 communication other than the prescribed form and the form must 17.11 clearly indicate that a currently registered voter does not lose 17.12 registration status by failing to provide the date of birth. In 17.13 accordance with section 204B.40, the county auditor shall retain 17.14 the prescribed polling place rosters used on the date of 17.15 election for one year22 months following the election. 17.16 Sec. 21. Minnesota Statutes 2002, section 203B.06, 17.17 subdivision 4, is amended to read: 17.18 Subd. 4. [REGISTRATION CHECK.] Upon receipt of an 17.19 application for ballots, the county auditor, municipal clerk, or 17.20 election judge acting pursuant to section 203B.11, who receives 17.21 the application shall determine whether the applicant is a 17.22 registered voter. If the applicant is not registered to vote, 17.23 the county auditor, municipal clerk or election judge shall 17.24 include a voter registration cardapplication among the election 17.25 materials provided to the applicant. 17.26 Sec. 22. Minnesota Statutes 2002, section 203B.08, 17.27 subdivision 3, is amended to read: 17.28 Subd. 3. [PROCEDURES ON RECEIPT OF BALLOTS.] When absentee 17.29 ballots are returned to a county auditor or municipal clerk, 17.30 that official shall stamp and date the return envelope with an 17.31 official seal of the office and place it in a secure location 17.32 with other return envelopes received by that office. The county 17.33 auditor or municipal clerk shall deliver themto the appropriate 17.34 election judges on election day all ballots received before or 17.35 with the last mail delivery by the United States Postal Service 17.36 on election day. A town clerk may request the United States 18.1 Postal Service to deliver absentee ballots to the polling place 18.2 on election day instead of to the official address of the town 18.3 clerk. 18.4 Sec. 23. Minnesota Statutes 2002, section 203B.12, 18.5 subdivision 2, is amended to read: 18.6 Subd. 2. [EXAMINATION OF RETURN ENVELOPES.] Two or more 18.7 election judges shall examine each return envelope and shall 18.8 mark it accepted or rejected in the manner provided in this 18.9 subdivision. If a ballot has been prepared under section 18.10 204B.12, subdivision 2a, or 204B.41, the election judges shall 18.11 not begin removing ballot envelopes from the return envelopes 18.12 until 8:00 p.m. on election day, either in the polling place or 18.13 at an absentee ballot board established under section 203B.13. 18.14 The election judges shall mark the return envelope 18.15 "Accepted" and initial or sign the return envelope below the 18.16 word "Accepted" if the election judges or a majority of them are 18.17 satisfied that: 18.18 (1) the voter's name and address on the return envelope are 18.19 the same as the information provided on the absentee ballot 18.20 application; 18.21 (2) the voter's signature on the return envelope is the 18.22 genuine signature of the individual who made the application for 18.23 ballots and the certificate has been completed as prescribed in 18.24 the directions for casting an absentee ballot; 18.25 (3) the voter is registered and eligible to vote in the 18.26 precinct or has included a properly completed voter registration 18.27 cardapplication in the return envelope; and 18.28 (4) the voter has not already voted at that election, 18.29 either in person or by absentee ballot. 18.30 The return envelope from accepted ballots must be preserved 18.31 and returned to the county auditor. 18.32 If all or a majority of the election judges examining 18.33 return envelopes find that an absent voter has failed to meet 18.34 one of the requirements prescribed in clauses (1) to (4), they 18.35 shall mark the return envelope "Rejected," initial or sign it 18.36 below the word "Rejected," and return it to the county auditor. 19.1 Sec. 24. Minnesota Statutes 2002, section 203B.16, is 19.2 amended by adding a subdivision to read: 19.3 Subd. 4. [DUTIES OF SECRETARY OF STATE.] The secretary of 19.4 state shall provide information regarding voter registration and 19.5 absentee balloting procedures to be used by absent uniformed 19.6 services voters, their spouses and dependents, and overseas 19.7 voters. 19.8 Sec. 25. Minnesota Statutes 2002, section 203B.17, is 19.9 amended to read: 19.10 203B.17 [APPLICATION FOR BALLOT.] 19.11 Subdivision 1. [SUBMISSION OF APPLICATION.] (a) An 19.12 application for absentee ballots for a voter described in 19.13 section 203B.16 may be submitted in writing or by electronic 19.14 facsimile device, or by electronic mail upon determination by 19.15 the secretary of state that security concerns have been 19.16 adequately addressed. An application for absentee ballots for a 19.17 voter described in section 203B.16 may be submitted by that 19.18 voter or by that voter's parent, spouse, sister, brother, or 19.19 child over the age of 18 years. For purposes of an application 19.20 under this subdivision, a person's Social Security number, no 19.21 matter how it is designated, qualifies as the person's military 19.22 identification number if the person is in the military. 19.23 (b) An application for a voter described in section 19.24 203B.16, subdivision 1, shall be submitted to the county auditor 19.25 of the county where the voter maintains residence. 19.26 (c) An application for a voter described in section 19.27 203B.16, subdivision 2, shall be submitted to the county auditor 19.28 of the county where the voter last maintained residence in 19.29 Minnesota. 19.30 (d) An application for absentee ballots for a primaryshall 19.31 also constitute an application for absentee ballots for any19.32 ensuingbe valid for any primary, special primary, general 19.33 election, or special election conducted during the same calendar19.34 year in whichfrom the time the application is received through 19.35 the next two regularly scheduled general elections for federal 19.36 office held after the date on which the application is received. 20.1 (e) There shall be no limitation of time for filing and 20.2 receiving applications for ballots under sections 203B.16 to 20.3 203B.27. 20.4 Subd. 2. [REQUIRED INFORMATION.] An application shall be 20.5 accepted if it contains the following information stated under 20.6 oath: 20.7 (a) The voter's name, birthdate, and present address of 20.8 residence in Minnesota, or former address of residence in 20.9 Minnesota if the voter is living permanently outside the United 20.10 States; 20.11 (b) A statement indicating that the voter is in the 20.12 military, or is the spouse or dependent of an individual serving 20.13 in the military, or is temporarily outside the territorial 20.14 limits of the United States, or is living permanently outside 20.15 the territorial limits of the United States and voting under 20.16 federal law; 20.17 (c) A statement that the voter expects to be absent from 20.18 the precinct at the time of the election; 20.19 (d) The address to which absentee ballots are to be mailed; 20.20 (e) The voter's signature or the signature and relationship 20.21 of the individual authorized to apply on the voter's behalf; and 20.22 (f) The voter's military identification card number, 20.23 passport number, or, if the voter does not have a valid passport 20.24 or identification card, the signed statement of an individual 20.25 authorized to administer oaths or a commissioned or 20.26 noncommissioned officer of the military not below the rank of 20.27 sergeant or its equivalent, certifying that the voter or other 20.28 individual requesting absentee ballots has attested to the 20.29 truthfulness of the contents of the application under oath. 20.30 The oath taken must be the standard oath prescribed by 20.31 section 101(b)(7) of the Uniformed and Overseas Citizens 20.32 Absentee Voting Act. 20.33 A form for providing this information shall be prepared by 20.34 each county auditor and shall be furnished to individuals who 20.35 request it pursuant to this section. 20.36 Sec. 26. Minnesota Statutes 2002, section 203B.19, is 21.1 amended to read: 21.2 203B.19 [RECORDING APPLICATIONS.] 21.3 Upon accepting an application, the county auditor shall 21.4 record in the statewide registration system the voter's name, 21.5 address of present or former residence in Minnesota, mailing 21.6 address, school district number, and the category under section21.7 203B.16, to which the voter belongswhether the voter is in the 21.8 military or the spouse or dependent of an individual serving in 21.9 the military, is a voter temporarily outside the territorial 21.10 limits of the United States, or is living permanently outside 21.11 the territorial limits of the United States and voting under 21.12 federal law. The county auditor shall retain the record 21.13 for foursix years. A voter whose name is recorded as provided 21.14 in this section shall not be required to register under any 21.15 other provision of law in order to vote under sections 203B.16 21.16 to 203B.27. Persons from whom applications are not accepted 21.17 must be notified by the county auditor and provided with the 21.18 reasons for the rejection. 21.19 No later than 60 days after the general election, the 21.20 county auditor shall report to the secretary of state the 21.21 combined number of absentee ballots transmitted to absent voters 21.22 described in section 203B.16. No later than 60 days after the 21.23 general election, the county auditor shall report to the 21.24 secretary of state the combined number of absentee ballots 21.25 returned and cast by absent voters described in section 21.26 203B.16. The secretary of state may require the information be 21.27 reported by category under section 203B.16 or by precinct. 21.28 No later than 90 days after the general election, the 21.29 secretary of state shall report to the federal Election 21.30 Assistance Commission the number of absentee ballots transmitted 21.31 to voters under section 203B.16. 21.32 Sec. 27. Minnesota Statutes 2002, section 203B.24, 21.33 subdivision 2, is amended to read: 21.34 Subd. 2. [VOTING MORE THAN ONCE.] The election judges 21.35 shall compare the voter's name with the names appearing on their 21.36 copy of the application records to insure that the voter has not 22.1 already returned a ballot in the election. The election judges 22.2 must indicate on the record whether an absentee ballot was 22.3 accepted for each applicant whose name appears on the record. 22.4 If a voter whose application has been recorded under section 22.5 203B.19 casts a ballot in person on election day, no absentee 22.6 ballot shall be counted for that voter. If more than one return 22.7 envelope is received from a voter whose application has been 22.8 recorded under section 203B.19, the ballots in the return 22.9 envelope bearing the latest date shall be counted and the 22.10 uncounted ballots shall be returned by the election judges with 22.11 the rejected ballots. The election judges must preserve the 22.12 record and return it to the county auditor or municipal clerk 22.13 with the election day materials. 22.14 Sec. 28. Minnesota Statutes 2002, section 203B.26, is 22.15 amended to read: 22.16 203B.26 [SEPARATE RECORD.] 22.17 A separate record of the ballots of absent voters cast 22.18 under sections 203B.16 to 203B.27 shallmust be kept in each 22.19 precinct. The content of the record must be in a form 22.20 prescribed by the secretary of state. 22.21 Sec. 29. Minnesota Statutes 2002, section 204C.08, is 22.22 amended by adding a subdivision to read: 22.23 Subd. 1a. [VOTER'S BILL OF RIGHTS.] The county auditor 22.24 shall prepare and provide to each polling place sufficient 22.25 copies of a poster setting forth the Voter's Bill of Rights as 22.26 set forth in this section. Before the hours of voting are 22.27 scheduled to begin, the election judges shall post it in a 22.28 conspicuous location or locations in the polling place. The 22.29 Voter's Bill of Rights is as follows: 22.30 "VOTER'S BILL OF RIGHTS 22.31 For all persons residing in this state who meet federal 22.32 voting eligibility requirements: 22.33 (1) You have the right to be absent from work for the 22.34 purpose of voting during the morning of election day. 22.35 (2) If you are in line at your polling place any time 22.36 between 7:00 a.m. and 8:00 p.m., you have the right to vote. 23.1 (3) If you can provide proof of residence, you have the 23.2 right to register to vote and to vote on election day. 23.3 (4) If you are unable to sign your name, you have the right 23.4 to vote after orally confirming your identity with an election 23.5 judge. 23.6 (5) You have the right to request special assistance when 23.7 voting. 23.8 (6) If you need assistance, you may be accompanied into the 23.9 voting booth by a person of your choice, except by an agent of 23.10 your employer or union or a candidate. 23.11 (7) You have the right to bring your children into the 23.12 voting booth with you. 23.13 (8) If you have been convicted of a felony but your civil 23.14 rights have been restored, you have the right to vote. 23.15 (9) You have the right to vote without anyone trying to 23.16 influence your vote. 23.17 (10) If you make a mistake or spoil your ballot before it 23.18 is submitted, you have the right to receive a replacement ballot 23.19 and vote. 23.20 (11) You have the right to file a written complaint at your 23.21 polling place if you are dissatisfied with the way an election 23.22 is being run. 23.23 (12) You have the right to take a sample ballot into the 23.24 voting booth with you. 23.25 (13) You have the right to take a copy of this Voter's Bill 23.26 of Rights into the voting booth with you." 23.27 Sec. 30. Minnesota Statutes 2002, section 204C.10, is 23.28 amended to read: 23.29 204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 23.30 REGISTRATION.] 23.31 An individual seeking to vote shall sign a polling place 23.32 roster which states that the individual is at least 18 years of 23.33 age, a citizen of the United States, has resided in Minnesota 23.34 for 20 days immediately preceding the election, certifies 23.35 residence at the address shown, is not under guardianship of the 23.36 person in which the court order provides that the ward does not 24.1 retain the right to vote, has not been found by a court of law 24.2 to be legally incompetent to vote or convicted of a felony 24.3 without having civil rights restored, is registered and has not 24.4 already voted in the election. A judge may, before the 24.5 applicant signs the roster, confirm the applicant's name, 24.6 address, and date of birth. After the applicant signs the 24.7 roster, the judge shall give the applicant a voter's receipt. 24.8 The voter shall deliver the voter's receipt to the judge in 24.9 charge of ballots as proof of the voter's right to vote, and 24.10 thereupon the judge shall hand to the voter the ballot. The 24.11 voters' receipts must be maintained during the time for notice 24.12 of filing an election contest. 24.13 Sec. 31. Minnesota Statutes 2002, section 206.57, is 24.14 amended by adding a subdivision to read: 24.15 Subd. 5. [VOTING SYSTEM FOR DISABLED VOTERS.] After 24.16 December 31, 2005, the voting method used in each polling place 24.17 must include a voting system that is accessible for individuals 24.18 with disabilities, including nonvisual accessibility for the 24.19 blind and visually impaired in a manner that provides the same 24.20 opportunity for access and participation, including privacy and 24.21 independence, as for other voters. 24.22 Sec. 32. Minnesota Statutes 2002, section 206.57, is 24.23 amended by adding a subdivision to read: 24.24 Subd. 6. [REQUIRED CERTIFICATION.] In addition to the 24.25 requirements in subdivision 1, a voting system must be certified 24.26 by an independent testing authority approved by the secretary of 24.27 state and conform to current standards for voting equipment 24.28 issued by the Federal Election Commission or its successor, the 24.29 Election Assistance Commission. 24.30 Sec. 33. Minnesota Statutes 2002, section 206.81, is 24.31 amended to read: 24.32 206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 24.33 (a) The secretary of state may licenseapprove an 24.34 electronic voting system for experimental use at an election 24.35 prior to its approval for general use. 24.36 (b) The secretary of state must licenseapprove one or more 25.1 touch-sensitivedirect recording electronic voting systems for 25.2 experimental use at an election before their approval for 25.3 general use and may impose restrictions on their use. At least 25.4 one voting system licensedapproved under this paragraph must 25.5 permit sighted persons to vote and at least one system must 25.6 permit a blind or visually impaired voter to cast a ballot 25.7 independently and privately. 25.8 (c) Experimental use must be observed by the secretary of 25.9 state or the secretary's designee and the results observed must 25.10 be considered at any subsequent proceedings for approval for 25.11 general use. 25.12 (d) The secretary of state may adopt rules consistent with 25.13 sections 206.55 to 206.90 relating to experimental use. The 25.14 extent of experimental use must be determined by the secretary 25.15 of state. 25.16 Sec. 34. [AGREEMENTS.] 25.17 Subdivision 1. [COMMISSIONER OF HEALTH.] The secretary of 25.18 state and the commissioner of health shall determine by mutual 25.19 agreement the means to electronically transfer death records 25.20 between agency systems. The secretary of state shall make the 25.21 records of deceased registered voters in the county available to 25.22 the county auditor by July 1, 2004. 25.23 Subd. 2. [STATE COURT ADMINISTRATOR.] By May 1, 2004, the 25.24 secretary of state and the state court administrator shall 25.25 determine by mutual agreement the means to electronically 25.26 transfer to the secretary of state the names of registered 25.27 voters who have been convicted of a felony, placed under 25.28 guardianship of the person, declared legally incompetent, or 25.29 have had their civil rights restored. The secretary of state 25.30 shall make the records of affected voters in the county 25.31 available to the county auditor by July 1, 2004. 25.32 Subd. 3. [COMMISSIONER OF PUBLIC SAFETY.] The commissioner 25.33 of public safety and the secretary of state shall determine by 25.34 mutual agreement the means to electronically transfer driver's 25.35 license records between agency systems. The secretary of state 25.36 shall make the records of those eligible voters in the county 26.1 who have indicated their intent to register to vote available to 26.2 the county auditor by July 1, 2004. 26.3 Sec. 35. [FAILURE TO VERIFY VOTER INFORMATION.] 26.4 Subdivision 1. [DRIVER'S LICENSE OR STATE IDENTIFICATION 26.5 NUMBER.] A voter must not be included on the list of voters 26.6 prepared under Minnesota Statutes, section 201.121, subdivision 26.7 1, whose registration is incomplete because of a failure to 26.8 match the voter's driver's license or state identification 26.9 number until the secretary of state has: 26.10 (1) entered into an agreement with the commissioner of 26.11 public safety to electronically transfer driver's license 26.12 records between their agency systems in order to be able to 26.13 verify voter registration information; and 26.14 (2) certified that the voter registration system has been 26.15 tested and shown to properly verify a voter's driver's license 26.16 or state identification number. 26.17 Subd. 2. [SOCIAL SECURITY NUMBER.] A voter must not be 26.18 included on the list of voters prepared under Minnesota 26.19 Statutes, section 201.121, subdivision 1, whose registration is 26.20 incomplete because of a failure to match the last four digits of 26.21 the voter's Social Security number until the commissioner of 26.22 public safety has: 26.23 (1) entered into an agreement with the commissioner of the 26.24 Social Security Administration under Minnesota Statutes, section 26.25 201.1615, regarding the use of the last four digits of a Social 26.26 Security number to verify voter registration information; 26.27 (2) assembled a complete and current database of the last 26.28 four digits of the Social Security number of each resident of 26.29 this state as maintained by the Social Security Administration; 26.30 and 26.31 (3) certified, along with the secretary of state, that the 26.32 voter registration system has been tested and shown to properly 26.33 verify the last four digits of a voter's Social Security number. 26.34 Sec. 36. [VOTER REGISTRATION SYSTEM AVAILABILITY.] 26.35 The voter and election management system maintained by the 26.36 secretary of state to meet the requirements of Minnesota 27.1 Statutes, section 201.022, must be maintained and remain 27.2 available to the secretary of state and county auditors until 27.3 March 1, 2005, or until 30 days after the secretary of state has 27.4 certified that a new or successor voter registration system has 27.5 been fully tested and found to be free of defects, whichever is 27.6 later. 27.7 Sec. 37. [EFFECTIVE DATE.] 27.8 This act is effective retroactively from January 1, 2004.