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Minnesota Legislature

Office of the Revisor of Statutes

HF 1053

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/23/2009
1st Engrossment Posted on 03/23/2009
2nd Engrossment Posted on 05/12/2009
3rd Engrossment Posted on 05/18/2009
Committee Engrossments
1st Committee Engrossment Posted on 04/15/2009

Current Version - 3rd Engrossment

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A bill for an act
relating to elections; requiring certain public officials to provide additional data
to the secretary of state for use in maintaining the voter registration system;
providing for automatic voter registration of applicants for a driver's license,
instruction permit, or identification card; amending Minnesota Statutes 2008,
sections 13.607, by adding a subdivision; 201.121, subdivision 2; 201.13, by
adding a subdivision; 201.14; 201.15, subdivisions 1, 2; 201.155; 201.161;
204C.08, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 201.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 13.607, is amended by adding a
subdivision to read:


new text begin Subd. 8. new text end

new text begin Data derived from driver license applications. new text end

new text begin Data on an application
for a driver's license, a Minnesota identification card, or a learner's permit transferred to
the secretary of state that are provided by a person whom the secretary of state determines
is not eligible to vote is governed by section 201.161.
new text end

Sec. 2.

Minnesota Statutes 2008, section 201.121, subdivision 2, is amended to read:


Subd. 2.

Notice of registration; challenges.

The county auditor shall mail a notice
indicating the individual's name, address, precinct and polling place to each registered
voter. new text beginThe notice must inform the voter that if eligible, the voter is now registered to
vote, that it is a felony to vote if an individual is not eligible, and that the voter should
immediately call the voter registration office if the voter is not eligible or does not want to
be registered to vote. The notice must contain a description of voter eligibility criteria.
The notice must also inform the voter that the voter may contact the county auditor to
correct the registration. The notice must provide the contact information for the county
auditor.
new text endThe notice shall indicate that it must be returned if it is not deliverable to the
voter at the named address. Upon return of the notice by the postal service, the county
auditor shall change the registrant's status to "challenged" in the statewide registration
system. An individual challenged in accordance with this subdivision shall comply with
the provisions of section 204C.12, before being allowed to vote.

Sec. 3.

Minnesota Statutes 2008, section 201.13, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Social Security Administration; reports of deceased residents. new text end

new text begin The
secretary of state shall determine if any of the persons listed on the Social Security
Death Index are registered to vote and prepare a list of those registrants for each county
auditor. The county auditor shall change the status of those registrants to "deceased"
in the statewide voter registration system.
new text end

Sec. 4.

Minnesota Statutes 2008, section 201.14, is amended to read:


201.14 COURT ADMINISTRATOR OF DISTRICT COURT; REPORT
CHANGES OF NAMES.

The new text beginstate new text endcourt administrator deleted text beginof district court in each countydeleted text end shall new text beginregularly new text endreport
deleted text begin monthlydeleted text endnew text begin by electronic meansnew text end to the deleted text begincounty auditordeleted text endnew text begin secretary of statenew text end the name deleted text beginanddeleted text endnew text begin, new text end addressnew text begin,
and, if available, driver's license or state identification card number
new text end of each individual,
18 years of age or overdeleted text begin, who maintains residence in that county anddeleted text end whose name was
changed during the month preceding the date of the report, by marriage, divorce or any
order or decree of the court. new text beginThe secretary of state shall determine if any of the persons in
the report are registered to vote under their previous name and shall prepare a list of those
registrants for each county auditor.
new text endUpon receipt of the deleted text beginreportdeleted text endnew text begin listnew text end, the county auditor shall
deleted text begin notify by mail each registered voter whose name was changed that it will be necessary to
reregister under the changed name in order to vote
deleted text endnew text begin make the change in the voter's record
and mail to the voter the notice of registration required by section 201.121, subdivision 2
new text end.

Sec. 5.

Minnesota Statutes 2008, section 201.15, subdivision 1, is amended to read:


Subdivision 1.

Guardianships and incompetents.

Pursuant to the Help America
Vote Act of 2002, Public Law 107-252, the state court administrator shall report monthly
by electronic means to the secretary of state the name, address, deleted text beginanddeleted text end date of birthnew text begin, and, if
available
new text endnew text begin, driver's license or state identification card numbernew text end of each individual 18 years of
age or over, who during the month preceding the date of the report:

deleted text begin (a)deleted text endnew text begin (1)new text end was placed under a guardianship in which the court order revokes the ward's
right to vote; or

deleted text begin (b)deleted text endnew text begin (2)new text end was adjudged legally incompetent.

The court administrator shall also report the same information for each individual
transferred to the jurisdiction of the court who meets a condition specified in clause deleted text begin(a)deleted text endnew text begin
(1)
new text end or deleted text begin(b)deleted text endnew text begin (2)new text end. The secretary of state shall determine if any of the persons in the report is
registered to vote and shall prepare a list of those registrants for the county auditor. The
county auditor shall change the status on the record in the statewide registration system
of any individual named in the report to indicate that the individual is not eligible to
reregister or vote.

Sec. 6.

Minnesota Statutes 2008, section 201.15, subdivision 2, is amended to read:


Subd. 2.

Guardianship termination or modification.

Pursuant to the Help
America Vote Act of 2002, Public Law 107-252, the state court administrator shall report
monthly by electronic means to the secretary of state the name, address, deleted text beginanddeleted text end date of birthnew text begin,
and, if available
new text endnew text begin, driver's license or state identification card numbernew text end of each individual
whose guardianship was modified to restore the ward's right to vote or whose guardianship
was terminated by order of the court under section 524.5-317 after being ineligible to vote
for any of the reasons specified in subdivision 1. The secretary of state shall determine
if any of the persons in the report is registered to vote and shall prepare a list of those
registrants for the county auditor. The county auditor shall change the status on the voter's
record in the statewide registration system to "active."

Sec. 7.

Minnesota Statutes 2008, section 201.155, is amended to read:


201.155 REPORT ON FELONY CONVICTIONS.

Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state court
administrator shall report monthly by electronic means to the secretary of state the name,
address, date of birth, new text beginand, if available, driver's license or state identification card number,
new text enddate of sentence, effective date of the sentence, and county in which the conviction
occurred of each person who has been convicted of a felony. The state court administrator
shall also report the name, address, and date of birth of each person previously convicted
of a felony whose civil rights have been restored. The secretary of state shall determine
if any of the persons in the report is registered to vote and shall prepare a list of those
registrants for each county auditor. The county auditor shall change the status of those
registrants in the appropriate manner in the statewide registration system.

Sec. 8.

new text begin [201.157] USE OF DEPARTMENT OF CORRECTIONS DATA.
new text end

new text begin As required by the Help America Vote Act of 2002, Public Law 107-252, the
commissioner of corrections shall make electronic data available to the secretary of
state on individuals 18 years old or older who are currently serving felony sentences
under the commissioner's jurisdiction. The data must include the name, date of birth,
state identification number, and if available, the driver's license or state identification
card number.
new text end

new text begin At least monthly, the secretary of state must determine:
new text end

new text begin (1) if any individual with an active voter registration in the statewide registration
system is currently serving a felony sentence under the commissioner's jurisdiction and
the individual's voter record does not already have a challenged status due to a felony
conviction;
new text end

new text begin (2) if any individual with an active voter registration in the statewide registration
system who is currently serving a felony sentence under the commissioner's jurisdiction
appears to have registered or to have voted during a period when the individual's civil
rights were revoked; and
new text end

new text begin (3) if any individual with a voter record that has a challenged status due to a felony
conviction who was serving a felony sentence under the commissioner's jurisdiction
has been discharged from that sentence.
new text end

new text begin The secretary of state shall prepare a list of the registrants included under clause (1),
(2), or (3), for each county auditor. For individuals under clause (1), the county auditor
shall challenge the individual's record in the statewide registration system. The county
auditor must provide information to the county attorney about individuals under clause
(2) for the county attorney's investigation. For individuals under clause (3), the county
auditor must determine if the challenge status should be removed from the voter record
for the individual, and if so, must remove the challenge.
new text end

Sec. 9.

new text begin [201.158] USE OF DEPARTMENT OF PUBLIC SAFETY DATA.
new text end

new text begin As required by the Help America Vote Act of 2002, Public Law 107-252, the
commissioner of public safety shall make electronic data on citizenship available to the
secretary of state. At least monthly, the secretary of state must determine whether the data
indicate that any individuals who have active records in the statewide voter registration
system are not citizens. The secretary of state shall prepare an electronic list of those
voters for each county auditor. The county auditor shall change the status of those
registrants in the statewide registration system to reflect that they are challenged based
upon their citizenship and must notify the county attorney.
new text end

Sec. 10.

Minnesota Statutes 2008, section 201.161, is amended to read:


201.161 new text beginAUTOMATIC REGISTRATION OF new text endDRIVER'S LICENSEnew text begin,
INSTRUCTION PERMIT,
new text end AND IDENTIFICATION CARD deleted text beginAPPLICATIONSdeleted text endnew text begin
APPLICANTS
new text end.

new text begin Subdivision 1. new text end

new text begin Automatic registration. new text end

new text begin An individual who properly completes
an application for a new or renewed Minnesota driver's license, instruction permit, or
identification card, and who is eligible to vote under section 201.014, must be registered to
vote as provided in this section, unless the applicant declines to be registered.
new text end

new text begin Subd. 2. new text end

new text begin Applications. new text end

The deleted text beginDepartmentdeleted text endnew text begin commissionernew text end of public safetynew text begin, in
consultation with the secretary of state,
new text end shall change deleted text beginitsdeleted text endnew text begin thenew text end applications for an original,
duplicate, or change of address driver's licensenew text begin, instruction permit,new text end or identification card so
that the forms may also serve as voter registration applications. The forms must contain
spaces for all information collected by voter registration applications prescribed by the
secretary of statenew text begin and a box for the applicant to decline to be registered to votenew text end. deleted text beginApplicants
for driver's licenses or identification cards must be asked if they want to register to vote
at the same time and that
deleted text end new text begin Unless the applicant has declined to be registered to vote or
has provided an address other than the applicant's address of residence under section
171.12, subdivision 7, paragraph (d), the commissioner shall transmit the
new text endinformation
deleted text begin must be transmitted at least weeklydeleted text end new text begindaily new text endby electronic means to the secretary of state.
Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the computerized
driver's license record containing the voter's name, address, date of birth,new text begin citizenship,
new text end driver's license number or state identification number, county, deleted text begintown, anddeleted text end citynew text begin or town, and
signature
new text end must be made available for access by the secretary of state and interaction
with the statewide voter registration system.

new text begin Subd. 3. new text end

new text begin Registration. new text end

new text begin (a) The secretary of state shall determine whether the
applicant is currently registered in the statewide voter registration system. For each
currently registered voter whose registration is not changed, the secretary of state shall
update the voter's registration date in the statewide voter registration system. For each
currently registered voter whose registration is changed, the secretary of state shall
transmit the registration daily by electronic means to the county auditor of the county
where the voter resides.
new text end

new text begin (b) If the applicant is not currently registered in the statewide voter registration
system, the secretary of state shall determine whether the applicant is 18 years of age or
older and a citizen of the United States and compare the voter registration information
received from the commissioner of public safety with the information on wards,
incompetents, and felons received from the state court administrator under sections 201.15
and 201.155, and with data received from the commissioner of corrections under section
201.157, to determine whether the applicant is eligible to vote. If an applicant is less than
18 years of age, the secretary of state shall wait until the applicant has turned 18 years of
age to determine whether the applicant is eligible to vote. For each applicant the secretary
of state determines is an eligible voter, the secretary of state shall transmit the registration
daily by electronic means to the county auditor of the county where the voter resides.
new text end

new text begin (c) Any data on applicants who the secretary determines are not eligible to vote
are private data on individuals.
new text end

new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin Upon receipt of the registration, the county auditor shall mail to
the voter the notice of registration required by section new text begin201.121, subdivision 2new text end.
new text end

new text begin Subd. 5. new text end

new text begin Effective date. new text end

new text begin An application for registration that is dated during the 20
days before an election in any jurisdiction within which the voter resides is not effective
until the day after the election.
new text end new text begin new text end

Sec. 11.

Minnesota Statutes 2008, section 204C.08, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Roster notice. new text end

new text begin A notice must be placed prominently by the roster to
inform each voter that by signing the roster, the voter is swearing or affirming that the
voter is eligible to vote, and that it is a felony for an individual to vote if the individual is
not eligible. The notice must provide a description of eligibility criteria for voting.
new text end

Sec. 12. new text beginEFFECTIVE DATE.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin Sections 4, 7, and 9 are each effective the day following
certification by the secretary of state that the statewide voter registration system has been
tested and is capable of performing the functions required under sections 4, 7, and 9.
Section 10 is effective August 1, 2009, except as provided in this section.
new text end

new text begin Subd. 2. new text end

new text begin Automatic registration. new text end

new text begin An applicant for a Minnesota driver's license,
instruction permit, or identification card must not be registered to vote under section
10 until the commissioner of the Department of Public Safety has certified that the
department's systems have been tested and can accurately provide the necessary data
and the secretary of state has certified that the system for automatic registration of those
applicants has been tested and is capable of properly determining whether an applicant
is eligible to vote.
new text end