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HF 1546

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to elections; providing for automatic voter registration of applicants for a
driver's license, instruction permit, or identification card; appropriating money;
amending Minnesota Statutes 2006, sections 201.12; 201.13, subdivision 3;
201.161.

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

Section 1.

Minnesota Statutes 2006, section 201.12, is amended to read:


201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
CHALLENGES.

Subdivision 1.

Notice of registration.

To prevent fraudulent voting and to eliminate
excess names, the county auditor may mail to any registered voter a notice stating the
voter's name and address as they appear in the registration files. The notice shall request
the voter to notify the county auditor if there is any mistake in the information.

Subd. 2.

deleted text beginChallengesdeleted text endnew text begin Moved within statenew text end.

new text begin If the notice is returned as undeliverable
but with a permanent forwarding address in this state, the county auditor shall notify the
auditor of the county where the voter resides. Upon receipt of the notice, the county
auditor shall update the voter's address in the statewide voter registration system and mail
to the voter the notice of registration required by section 201.121, subdivision 2. The
notice must advise the voter that the voter's voting address has been changed and that the
voter must notify the county auditor within 21 days if the new address is not what the
voter intended to be their permanent address.
new text end

new text begin Subd. 3. new text end

new text begin Moved out of state. new text end

new text begin If the notice is returned as undeliverable but with a
permanent forwarding address outside this state, the county auditor shall promptly mail
to the voter at the forwarding address a notice advising the voter that the voter's voter
registration in this state will be deleted unless the voter notifies the county auditor within
21 days that the voter intends to retain the former address as the voter's permanent address.
If the notice is not received by the deadline, the county auditor shall delete the registration.
new text end

new text begin Subd. 4. new text end

new text begin Challenges. new text end

deleted text beginUpon return of any nonforwardable mailing from an
election official, the county auditor or the auditor's staff shall ascertain the name and
address of that individual. If the individual is no longer at the address recorded in the
statewide registration system
deleted text endnew text begin If the notice is returned as undeliverable but with no
forwarding address
new text end, 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. If a notice mailed at least 60 days after the return of the first nonforwardable mailing
is also returned by the postal service, the county auditor shall change the registrant's status
to "inactive" in the statewide registration system.

Sec. 2.

Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to read:


Subd. 3.

Use of change of address system.

deleted text begin The county auditor may delete the
records in the statewide registration system of voters whose change of address can be
confirmed by the United States Postal Service. The secretary of state may provide the
county auditors with periodic reports on voters whose change of address can be confirmed
by the United States Postal Service.
deleted text end

new text begin (a) At least once each month the secretary of state shall obtain a list of individuals in
this state who have filed with the United States Postal Service a change of their permanent
address. If an individual is registered as a voter in the statewide voter registration system
and the change is to another address in this state, the secretary of state shall transmit
the registration by electronic means to the county auditor of the county where the voter
resides. Upon receipt of the registration, the county auditor shall update the voter's
address in the statewide voter registration system and mail to the voter the notice of
registration required by section 201.121, subdivision 2. The notice must advise the voter
that the voter's permanent address has been changed and that the voter must notify the
county auditor within 21 days if the new address is not what the voter intended to be the
voter's permanent address.
new text end

new text begin (b) If the change of permanent address is to a forwarding address outside this state,
the secretary of state shall notify by electronic means the auditor of the county where the
voter formerly resided that the voter has left the state. The county auditor shall promptly
mail to the voter at the forwarding address a notice advising the voter that the voter's voter
registration in this state will be deleted unless the voter notifies the county auditor within
21 days that the voter intends to retain the former address as the voter's permanent address.
If the notice is not received by the deadline, the county auditor shall delete the registration.
new text end

Sec. 3.

Minnesota Statutes 2006, 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 If the applicant has not declined to be registered to vote, the
commissioner shall transmit the
new text endinformation deleted text beginmust 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 signaturenew 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, 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 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. 4. new text beginAPPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Secretary of state. new text end

new text begin $..,000,000 is appropriated from the general fund
to the secretary of state to design and install an automatic voter registration system under
this act to be available until June 30, 2009.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner of public safety. new text end

new text begin $...,000 is appropriated from the general
fund to the commissioner of public safety to revise the form of the driver's license,
instruction permit, and state identification card applications and to facilitate the electronic
exchange of voter registration information with the secretary of state as required by
section 3 to be available until June 30, 2009.
new text end

new text begin Subd. 3. new text end

new text begin Supreme Court. new text end

new text begin $...,000 is appropriated from the general fund to the
Supreme Court to pay costs incurred by the state court administrator in providing
information on wards, incompetents, and felons to the secretary of state for the purpose of
automatic voter registration under this act to be available until June 30, 2009.
new text end

Sec. 5. 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 This act is effective August 1, 2007, 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
3 until the secretary of state has certified that the system for automatic registration of
those applicants has been tested and shown to properly determine whether an applicant
is eligible to vote.
new text end