HF 1053

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:28pm

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; changing certain notice requirements;
amending Minnesota Statutes 2008, sections 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 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 begin The 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
and appropriate contact information for the Office of the County Auditor. new text end The 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. 2.

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. 3.

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

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

The new text begin state new text end court administrator deleted text begin of district court in each county deleted text end shall new text begin regularly new text end report
deleted text begin monthly deleted text end new text begin by electronic means new text end to the deleted text begin county auditor deleted text end new text begin secretary of state new text end the name deleted text begin and deleted text end new text begin , new text end address new text begin ,
and, if available, driver's license or state identification card number, and, if available, the
last four digits of the individual's Social Security number new text end of each individual, 18 years of
age or over deleted text begin , who maintains residence in that county and deleted 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 begin The 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 end Upon receipt of the deleted text begin report deleted text end new text begin list new 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 end new 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 .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final certification
by the secretary of state that the statewide voter registration system has been tested and is
capable of performing the functions required by this section.
new text end

Sec. 4.

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 begin and deleted text end date of birth new text begin , and, if
available, driver's license or state identification card number, and the last four digits of the
individual's Social Security number new 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 end new 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 end new 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 end new text begin
(1) new text end or deleted text begin (b) deleted text end new 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

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 begin and deleted text end date of
birth new text begin , and, if available, driver's license or state identification card number, and the last four
digits of the individual's Social Security number new 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."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

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 begin and, if available, driver's license or state identification card number,
and, if available, the last four digits of the individual's Social Security number, new text end date 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

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 of age 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, and the last four digits of the individual's Social Security 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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final certification
by the secretary of state that the statewide voter registration system has been tested and is
capable of performing the functions required by this section.
new text end

Sec. 8.

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. 9.

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

201.161 new text begin AUTOMATIC REGISTRATION OF new text end DRIVER'S LICENSE new text begin ,
INSTRUCTION PERMIT, new text end AND IDENTIFICATION CARD deleted text begin APPLICATIONS deleted text end new 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 begin Department deleted text end new text begin commissioner new text end of public safety new text begin , in
consultation with the secretary of state, new text end shall change deleted text begin its deleted text end new text begin the new text end applications for an original,
duplicate, or change of address driver's license new 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 state new text begin and a box for the applicant to decline to be registered to vote new text end . deleted text begin Applicants
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 end information
deleted text begin must be transmitted at least weekly deleted text end new text begin daily new text end by 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 begin town, and deleted text end city new 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 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 begin 201.121, subdivision 2 new text end .
new text end

new text begin Subd. 5. new text end

new text begin Effective date of registration. 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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, except that an
applicant for a Minnesota driver's license, instruction permit, or identification card must
not be automatically registered to vote until the commissioner 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

Sec. 10.

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 table notice. new text end

new text begin A notice must be placed prominently next to 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 the eligibility criteria for voting.
new text end