HF 1443

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; requiring proof of citizenship as part of registration;
requiring voters to provide picture identification; providing for the issuance of
certain identification cards at no charge; establishing a procedure for unverified
ballots; amending Minnesota Statutes 2004, sections 201.061, subdivision 1;
204C.13, by adding a subdivision; Minnesota Statutes 2005 Supplement, sections
201.061, subdivision 3; 204C.10; proposing coding for new law in Minnesota
Statutes, chapter 204C.

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

Section 1.

Minnesota Statutes 2004, section 201.061, subdivision 1, is amended to read:

Subdivision 1.

Prior to election day.

At any time except during the 20 days
immediately preceding any election, an eligible voter or any individual who will be an
eligible voter at the time of the next election may register to vote in the precinct in which
the voter maintains residence by completing a voter registration application as described in
section 201.071, subdivision 1, and submitting it in person or by mail to the county auditor
of that county or to the Secretary of State's Office. new text begin The voter registration application must
be accompanied by proof of United States citizenship in the form of a passport, birth
certificate, or naturalization document, if registering in person, or a state-certified copy
of one of those documents, if registering by mail. new text end A registration that is received no later
than 5:00 p.m. on the 21st day preceding any election shall be accepted. An improperly
addressed or delivered registration application shall be forwarded within two working days
after receipt to the county auditor of the county where the voter maintains residence. A
state or local agency or an individual that accepts completed voter registration applications
from a voter must submit the completed applications to the secretary of state or the
appropriate county auditor within ten days after the applications are dated by the voter.

For purposes of this section, mail registration is defined as a voter registration
application delivered to the secretary of state, county auditor, or municipal clerk by the
United States Postal Service or a commercial carrier.

Sec. 2.

Minnesota Statutes 2005 Supplement, section 201.061, subdivision 3, is
amended to read:

Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may
register on election day by appearing in person at the polling place for the precinct
in which the individual maintains residence, by completing a registration application, new text begin
providing proof of United States citizenship in the form of a passport, birth certificate, or
naturalization document, new text end making an oath in the form prescribed by the secretary of state
and providing proof of residence. An individual may prove residence for purposes of
registering by:

(1) presenting a driver's license or Minnesota identification card issued pursuant
to section 171.07;

(2) presenting any document approved by the secretary of state as proper
identification;

(3) presenting one of the following:

(i) a current valid student identification card from a postsecondary educational
institution in Minnesota, if a list of students from that institution has been prepared under
section 135A.17 and certified to the county auditor in the manner provided in rules of
the secretary of state; or

(ii) a current student fee statement that contains the student's valid address in the
precinct together with a picture identification card; or

(4) having a voter who is registered to vote in the precinct, or who is an employee
employed by and working in a residential facility in the precinct and vouching for a
resident in the facility, sign an oath in the presence of the election judge vouching that the
voter or employee personally knows that the individual is a resident of the precinct. A
voter who has been vouched for on election day may not sign a proof of residence oath
vouching for any other individual on that election day. A voter who is registered to vote in
the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
does not apply to an employee of a residential facility described in this clause. The
secretary of state shall provide a form for election judges to use in recording the number
of individuals for whom a voter signs proof-of-residence oaths on election day. The
form must include space for the maximum number of individuals for whom a voter may
sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
a statement that the voter is registered to vote in the precinct, personally knows that the
individual is a resident of the precinct, and is making the statement on oath. The form must
include a space for the voter's printed name, signature, telephone number, and address.

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must
be attached to the voter registration application and the information on the oath must be
recorded on the records of both the voter registering on election day and the voter who
is vouching for the person's residence, and entered into the statewide voter registration
system by the county auditor when the voter registration application is entered into that
system.

(b) The operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the residential
facility. The operator shall certify the list and provide it to the appropriate county auditor
no less than 20 days before each election for use in election day registration.

(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as
defined in section 245A.02, subdivision 14; a residential facility for persons with a
developmental disability licensed by the commissioner of human services under section
252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; or a supervised
publicly or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.

(d) For tribal band members, an individual may prove residence for purposes of
registering by presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, address, signature, and picture of the individual.

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 3.

Minnesota Statutes 2005 Supplement, section 204C.10, is amended to read:

204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.

(a) An individual seeking to vote shall sign a polling place roster which states
that the individual is at least 18 years of age, a citizen of the United States, has resided
in Minnesota for 20 days immediately preceding the election, maintains residence at
the address shown, is not under a guardianship in which the court order revokes the
individual's right to vote, has not been found by a court of law to be legally incompetent
to vote or convicted of a felony without having civil rights restored, is registered and
has not already voted in the election. The roster must also state: "I understand that
deliberately providing false information is a felony punishable by not more than five years
imprisonment and a fine of not more than $10,000, or both."

(b) deleted text begin A judge may, deleted text end Before the applicant signs the roster, new text begin a judge:
new text end

new text begin (1) may new text end confirm the applicant's name, address, and date of birth new text begin ; and
new text end

new text begin (2) shall require the voter to provide a picture identification card or document new text end .

(c) After the applicant signs the roster, the judge shall give the applicant a voter's
receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
voters' receipts must be maintained during the time for notice of filing an election contest.

Sec. 4.

new text begin [204C.105] NO CHARGE FOR CERTAIN IDENTIFICATION.
new text end

new text begin The Department of Public Safety must provide at no charge a Minnesota
identification card or Under-21 identification card as described in section 171.07,
subdivision 3, to anyone eligible to vote who certifies a household income below the
federal poverty level. If the individual applies for a driver's license and is eligible to vote,
the department shall charge the fee designated in section 171.06, subdivision 2, for the
appropriate class of driver's license, less the fee of $15.50 that would otherwise have been
charged for the identification card but for this section.
new text end

Sec. 5.

Minnesota Statutes 2004, section 204C.13, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Unverified ballots. new text end

new text begin A voter who is unable to provide required photo
identification may mark a ballot, which the election judges shall receive and mark as
"unverified." The election judges must maintain a list of the names and addresses of
voters who cast such ballots. The unverified ballots must be counted unless they equal ten
percent or more of the ballots cast in the precinct. In that case, the election judges must
not count the unverified ballots unless the eligibility of the voters can be determined as
provided by this subdivision. Within two days after the election, the county auditor must
notify each voter whose ballot was marked "unverified" that the voter's ballot shall be
counted if the voter provides photo identification to the county auditor within three days.
new text end