HF 1551

as introduced - 87th Legislature (2011 - 2012) Posted on 04/26/2011 09:30am

A bill for an act
relating to elections; modifying who may provide assistance to voters in marking
ballots; providing criminal penalties; amending Minnesota Statutes 2010,
sections 203B.11, subdivision 1, by adding a subdivision; 204C.15, subdivision
1; 204C.16.

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

Section 1.

Minnesota Statutes 2010, section 203B.11, subdivision 1, is amended to read:

Subdivision 1.

Generally.

Each full-time municipal clerk or school district clerk
who has authority under section 203B.05 to administer absentee voting laws shall
designate election judges to deliver absentee ballots in accordance with this section. The
county auditor must also designate election judges to perform the duties in this section.
A ballot may be delivered only to an eligible voter who is a temporary or permanent
resident or patient in a health care facility or hospital located in the municipality in which
the voter maintains residence. The ballots shall be delivered by two election judges, each
of whom is affiliated with a different major political party. When the election judges
deliver or return ballots as provided in this section, they shall travel together in the same
vehicle. Both election judges shall be present when an applicant completes the certificate
of eligibility and marks the absentee ballots deleted text begin , and may assist an applicant as provided in
section 204C.15 deleted text end . The election judges shall deposit the return envelopes containing the
marked absentee ballots in a sealed container and return them to the clerk on the same
day that they are delivered and marked.

Sec. 2.

Minnesota Statutes 2010, section 203B.11, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Assistance in marking ballots. new text end

new text begin A voter who votes by absentee ballot
under this section and who claims a need for assistance in marking the ballot shall only be
assisted as provided in section 204C.15.
new text end

Sec. 3.

Minnesota Statutes 2010, section 204C.15, subdivision 1, is amended to read:

Subdivision 1.

Physical assistance in marking ballots.

new text begin (a) new text end A voter who claims
a need for assistance because of inability to read English or physical inability to mark a
ballot may obtain the aid of two election judges who are members of different major
political parties. The election judges shall mark the ballots as directed by the voter and in
as secret a manner as circumstances permit.

new text begin (b) new text end If the voter is deaf or cannot speak English or understand it when it is spoken, the
election judges may select two individuals who are members of different major political
parties to provide assistance. The individuals shall assist the voter in marking the ballots.
deleted text begin A voter in need of assistance may alternatively obtain the assistance of any individual
the voter chooses. Only the following persons may not provide assistance to a voter:
the voter's employer, an agent of the voter's employer, an officer or agent of the voter's
union, or a candidate for election. deleted text end The person who assists the voter shall, deleted text begin unaccompanied deleted text end new text begin
accompanied new text end by an election judge, retire with that voter to a booth and mark the ballot as
directed by the voter. No person who assists another voter as provided in the preceding
sentence shall mark the ballots of more than three voters at one election. Before the
ballots are deposited, the voter may show them privately to an election judge to ascertain
that they are marked as the voter directed.

new text begin (c) new text end An election judge or other individual assisting a voter shall not in any manner
request, persuade, induce, or attempt to persuade or induce the voter to vote for any
particular political party or candidate. The election judges or other individuals who assist
the voter shall not reveal to anyone the name of any candidate for whom the voter has
voted or anything that took place while assisting the voter.

Sec. 4.

Minnesota Statutes 2010, section 204C.16, is amended to read:

204C.16 deleted text begin MISMARKING BALLOTS; DISCLOSURE OF MARKINGS BY
OTHERS; PENALTY deleted text end new text begin PENALTIES FOR IMPROPER ASSISTANCE OF VOTER new text end .

An election judge or other individual who new text begin does any of the following is guilty of a
gross misdemeanor: (1) new text end marks the ballot of any voter, except as authorized by law and as
directed by the voter, deleted text begin or who deleted text end new text begin (2) new text end informs anyone other than the voter how the ballot was
marked, deleted text begin is guilty of a gross misdemeanor deleted text end new text begin or (3) requests, persuades, induces, or attempts
to persuade or induce a voter to vote for any particular political party or candidate new text end .