HF 1981

as introduced - 89th Legislature (2015 - 2016) Posted on 04/09/2015 12:46pm

A bill for an act
relating to elections; establishing provisional voter registration in a polling
place on election day; providing a process for provisional balloting; eliminating
vouching as an authorized proof of residence; providing for early voting;
appropriating money; amending Minnesota Statutes 2014, sections 201.022,
subdivision 1; 201.054, subdivision 1; 201.061, subdivisions 1a, 3, 4, 7, by
adding a subdivision; 201.071, subdivision 4; 201.1611, subdivision 1; 201.225,
subdivisions 2, 5; 203B.001; 203B.01, by adding a subdivision; 203B.03,
subdivision 1; 203B.05, subdivision 1; 203B.081; 203B.085; 203B.121,
subdivisions 1, 3, 4, 5, by adding a subdivision; 204B.28, subdivision 2;
204C.10; 204C.12, subdivision 3; 204C.14, subdivision 1; 206.82, subdivision
1; 206.83; proposing coding for new law in Minnesota Statutes, chapters 203B;
204C; repealing Minnesota Rules, part 8200.9939.

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

Section 1.

Minnesota Statutes 2014, section 201.022, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The secretary of state shall maintain a statewide
voter registration system to facilitate voter registration and to provide a central database
containing voter registration information from around the state. The system must be
accessible to the county auditor of each county in the state. The system must also:

(1) provide for voters to submit their voter registration applications to any county
auditor, the secretary of state, or the Department of Public Safety;

(2) provide for the definition, establishment, and maintenance of a central database
for all voter registration information;

(3) provide for entering data into the statewide registration system;

(4) provide for electronic transfer of completed voter registration applications from
the Department of Public Safety to the secretary of state or the county auditor;

(5) assign a unique identifier to each legally registered voter in the state;

(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
state identification number, and last four digits of the Social Security number for each
voter record;

(7) coordinate with other agency databases within the state;

(8) allow county auditors and the secretary of state to add or modify information in
the system to provide for accurate and up-to-date records;

(9) allow county auditors, municipal and school district clerks, and the secretary
of state to have electronic access to the statewide registration system for review and
search capabilities;

(10) provide security and protection of all information in the statewide registration
system and ensure that unauthorized access is not allowed;

(11) provide access to municipal clerks to use the system;

(12) provide a system for each county to identify the precinct to which a voter
should be assigned for voting purposes;

(13) provide daily reports accessible by county auditors on the driver's license
numbers, state identification numbers, or last four digits of the Social Security numbers
submitted on voter registration applications that have been verified as accurate by the
secretary of state; deleted text begin and
deleted text end

(14) provide reports on the number of absentee ballots transmitted to and returned
and cast by voters under section 203B.16 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (15) provide reports necessary for early voting.
new text end

The appropriate state or local official shall provide security measures to prevent
unauthorized access to the computerized list established under section 201.021.

Sec. 2.

Minnesota Statutes 2014, section 201.054, subdivision 1, is amended to read:

Subdivision 1.

Registration.

An individual may register to vote:

(1) at any time before the 20th day preceding any election as provided in section
201.061, subdivision 1;

(2) deleted text begin on the day of an election as deleted text end new text begin during the time for early voting under section
203B.31, in the manner new text end provided in section 201.061, subdivision 3; deleted text begin or
deleted text end

new text begin (3) provisionally, in the polling place on election day in the manner provided in
section 201.061, subdivision 3a; or
new text end

deleted text begin (3) deleted text end new text begin (4) new text end when submitting an absentee ballot, by enclosing a completed registration
application as provided in section 203B.04, subdivision 4.

Sec. 3.

Minnesota Statutes 2014, section 201.061, subdivision 1a, is amended to read:

Subd. 1a.

Incomplete registration by mail.

If the county auditor determines that a
voter who has submitted a voter registration application by mail has not previously voted
in this state for a federal office and has also not presented a document authorized for
deleted text begin election day deleted text end new text begin early voting new text end registration in section 201.061, subdivision 3, to the auditor, and
the county auditor is unable to verify the voter's driver's license, state identification, or
last four digits of the voter's Social Security number as provided by the voter on the voter
registration application, then the county auditor must notify the voter that the registration
is incomplete and to complete registration by using one of the following methods:

(1) presenting to the auditor more than 20 days before the election a document
authorized for deleted text begin election day deleted text end new text begin early voting new text end registration in section 201.061, subdivision 3;

(2) registering in person before or on election day;

(3) if voting by absentee ballot or by mail, following election day registration
procedures for absentee voters as described in section 203B.04, subdivision 4; or

(4) providing proof of residence by any of the methods authorized for deleted text begin election day deleted text end new text begin
early voting new text end registration in section 201.061, subdivision 3.

Sec. 4.

Minnesota Statutes 2014, section 201.061, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Election day deleted text end new text begin Early voting new text end registration.

(a) An individual who is eligible
to vote may register deleted text begin on election day deleted text end new text begin during the period for early voting provided in section
203B.31 new text end by appearing in person at the deleted text begin polling place for the precinct in which the individual
maintains residence, by deleted text end new text begin early voting polling location and new text end completing a registration
application, 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; new text begin or
new text end

(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
new text begin student's new text end precinct together with a picture identification card deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (4) having a voter who is registered to vote in the precinct, or 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 eight 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 individual: (i) is registered to vote in the precinct or is an employee of a
residential facility in the precinct, (ii) personally knows that the voter is a resident of the
precinct, and (iii) is making the statement on oath. The form must include a space for the
voter's printed name, signature, telephone number, and address deleted text end .

deleted text begin The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (d) deleted text end new text begin (b) new text end For tribal band members, an individual may prove residence for purposes of
registering by:

(1) 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; or

(2) 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, signature, and picture of the individual and also presenting one of the
documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

(e) A county, school district, or municipality may require that an election judge
responsible for deleted text begin election day registration deleted text end new text begin early voting registration under this subdivision,
and provisional registration under subdivision 3a, new text end initial each completed deleted text begin registration deleted text end
application.

Sec. 5.

Minnesota Statutes 2014, section 201.061, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Provisional registration. new text end

new text begin An individual who is eligible to vote but who
is not registered, or who needs to update an existing registration due to a change in
address or other circumstances affecting the voter's registration status, may appear in the
polling place for the precinct in which the individual maintains residence on election day
for the purpose of completing a provisional voter registration and casting a provisional
ballot. The provisional voter registration application must be substantially identical to
the registration application required by section 201.071, except that a provisional voter
registration application must be clearly titled "PROVISIONAL APPLICATION." To
complete a provisional voter registration, the individual must complete a provisional
registration application, make an oath in the form prescribed by the secretary of state,
and provide proof of residence in the manner required for early voting registrants under
subdivision 3. Upon successful completion of a provisional application, the individual
must be permitted to cast a provisional ballot as provided in section 204C.135.
new text end

Sec. 6.

Minnesota Statutes 2014, section 201.061, subdivision 4, is amended to read:

Subd. 4.

Registration by election judges; procedures.

new text begin Provisional new text end registration
at the polling place on election day shall be conducted by the election judges. Before
new text begin provisionally new text end registering an individual to vote new text begin with a provisional ballot new text end at the polling
place, the election judge must review any list of absentee election day registrants provided
by the county auditor or municipal clerk to see if the person has already voted by absentee
ballot. If the person's name appears on the list, the election judge must not allow the
individual to new text begin provisionally new text end register or to vote in the polling place. The election judge who new text begin
provisionally new text end registers an individual at the polling place on election day shall not handle
that voter's new text begin provisional new text end ballots at any time deleted text begin prior to the opening of the ballot box after the
voting ends deleted text end . new text begin Provisional new text end registration applications and forms for oaths shall be available
at each polling place. deleted text begin If an individual who registers on election day proves residence by
oath of a registered voter, the form containing the oath shall be attached to the individual's
registration application. deleted text end new text begin Provisional new text end registration applications completed on election day
shall be forwarded to the county auditor who shall add the name of each voter to the
registration system unless the information forwarded is substantially deficient new text begin or indicates
that the voter is not eligible to vote new text end . A county auditor who finds deleted text begin an election day deleted text end new text begin that a
provisional new text end registration new text begin is new text end substantially deficient new text begin or indicates that the individual is not
eligible new text end shall give written notice to the individual deleted text begin whose registration is found deficient. An
election day registration shall not be found deficient solely because the individual who
provided proof of residence was ineligible to do so deleted text end .

Sec. 7.

Minnesota Statutes 2014, section 201.061, subdivision 7, is amended to read:

Subd. 7.

Record of attempted registrations.

The election judge responsible for
deleted text begin election day deleted text end new text begin provisional new text end registration shall attempt to keep a record of the number of
individuals who attempt to new text begin provisionally new text end register on election day but who cannot provide
proof of residence as required by this section. The record shall be forwarded to the county
auditor with the election returns for that precinct.

Sec. 8.

Minnesota Statutes 2014, section 201.071, subdivision 4, is amended to read:

Subd. 4.

Change of registration.

A county auditor who receives a registration
application indicating that an individual was previously registered in a different county in
Minnesota shall update the voter's record electronically through the statewide registration
system in the manner prescribed by the secretary of state. A county auditor who receives a
registration application or notification requiring a change of registration records under this
subdivision as a result of an new text begin early voting or provisional new text end election day registration shall also
check the statewide registration system to determine whether the individual voted in more
than one precinct in the most recent election.

Sec. 9.

Minnesota Statutes 2014, section 201.1611, subdivision 1, is amended to read:

Subdivision 1.

Forms.

All postsecondary institutions that enroll students accepting
state or federal financial aid shall provide voter registration forms to each student as
early as possible in the fall quarter. All school districts shall make available voter
registration applications each May and September to all students registered as students
of the school district who will be eligible to vote at the next election after those months.
A school district has no obligation to provide voter registration applications to students
who participate in a postsecondary education option program or who otherwise reside in
the district but do not attend a school operated by the district. A school district fulfills its
obligation to a student under this section if it provides a voter registration application to the
student one time. The forms must contain spaces for the information required in section
201.071, subdivision 1, and applicable rules of the secretary of state. The institutions and
school districts may request these forms from the secretary of state. Institutions shall
consult with their campus student government in determining the most effective means of
distributing the forms and in seeking to facilitate deleted text begin election day deleted text end new text begin provisional new text end registration of
students under section 201.061, subdivision deleted text begin 3 deleted text end new text begin 3a new text end . School districts must advise students
that completion of the voter registration application is not a school district requirement.

Sec. 10.

Minnesota Statutes 2014, section 201.225, subdivision 2, is amended to read:

Subd. 2.

Technology requirements.

An electronic roster must:

(1) be able to be loaded with a data file that includes voter registration data in a file
format prescribed by the secretary of state;

(2) allow for data to be exported in a file format prescribed by the secretary of state;

(3) allow for data to be entered manually or by scanning a Minnesota driver's license
or identification card to locate a voter record or populate a voter registration application
that would be printed and signed and dated by the voter. The printed registration
application can be either a printed form, labels printed with voter information to be affixed
to a preprinted form, or a combination of both;

(4) allow an election judge to update data that was populated from a scanned driver's
license or identification card;

(5) cue an election judge to ask for and input data that is not populated from a
scanned driver's license or identification card that is otherwise required to be collected
from the voter or an election judge;

(6) immediately alert the election judge if the voter has provided information that
indicates that the voter is not eligible to vote;

(7) immediately alert the election judge if the electronic roster indicates that a voter
has already voted in that precinct, the voter's registration status is challenged, or it appears
the voter resides in a different precinct;

(8) provide immediate instructions on how to resolve a particular type of challenge
when a voter's record is challenged;

(9) provide for a printed voter signature certificate, containing the voter's name,
address of residence, date of birth, voter identification number, the oath required by
section 204C.10, and a space for the voter's original signature. The printed voter signature
certificate can be either a printed form or a label printed with the voter's information
to be affixed to the oath;

(10) contain only preregistered voters within the precinct, and not contain
preregistered voter data on voters registered outside of the precinct;

(11) be only networked within the polling location on election day, except for the
purpose of updating absentee ballot records;

(12) meet minimum security, reliability, and networking standards established by the
Office of the Secretary of State in consultation with MN.IT;

(13) be capable of providing a voter's correct polling place; and

(14) perform any other functions necessary for the efficient and secure administration
of the participating election, as determined by the secretary of state.

Electronic rosters used only for deleted text begin election day deleted text end new text begin provisional new text end registration do not need to
comply with clauses (1), (8), and (10). Electronic rosters used only for preregistered voter
processing do not need to comply with clauses (4) and (5).

Sec. 11.

Minnesota Statutes 2014, section 201.225, subdivision 5, is amended to read:

Subd. 5.

Election day.

(a) Precincts may use electronic rosters for deleted text begin election day deleted text end new text begin
provisional new text end registration, to process preregistered voters, or both. The printed deleted text begin election
day deleted text end new text begin provisional new text end registration applications must be reviewed when electronic records are
processed in the statewide voter registration system. The election judges shall determine
the number of ballots to be counted by counting the number of original voter signature
certificates or the number of voter receipts.

(b) Each precinct using electronic rosters shall have a paper backup system approved
by the secretary of state present at the polling place to use in the event that the election
judges are unable to use the electronic roster.

Sec. 12.

Minnesota Statutes 2014, section 203B.001, is amended to read:

203B.001 ELECTION LAW APPLICABILITY.

The Minnesota Election Law is applicable to voting by absentee ballot new text begin and early
voting new text end unless otherwise provided in this chapter.

Sec. 13.

Minnesota Statutes 2014, section 203B.01, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Early voting. new text end

new text begin "Early voting" means voting in person before election day
at the office of the county auditor or designated municipal clerk within the time period
provided in section 203B.31.
new text end

Sec. 14.

Minnesota Statutes 2014, section 203B.03, subdivision 1, is amended to read:

Subdivision 1.

Violation.

No individual shall intentionally:

deleted text begin (a) deleted text end new text begin (1) new text end make or sign any false certificate required by this chapter;

deleted text begin (b) deleted text end new text begin (2) new text end make any false or untrue statement in any application for absentee ballots;

deleted text begin (c) deleted text end new text begin (3) new text end apply for absentee ballots more than once in any election with the intent
to cast an illegal ballot;

deleted text begin (d) deleted text end new text begin (4) new text end exhibit a ballot marked by that individual to any other individual;

deleted text begin (e) deleted text end new text begin (5) new text end do any act in violation of the provisions of this chapter for the purpose of
casting an illegal vote in any precinct or for the purpose of aiding another to cast an
illegal vote;

deleted text begin (f) deleted text end new text begin (6) new text end use information from absentee ballot new text begin or early voting new text end materials or records for
purposes unrelated to elections, political activities, or law enforcement;

deleted text begin (g) deleted text end new text begin (7) new text end provide assistance to an absentee new text begin or early new text end voter except in the manner provided
by section 204C.15, subdivision 1;

deleted text begin (h) deleted text end new text begin (8) new text end solicit the vote of an absentee new text begin or early new text end voter while in the immediate presence
of the voter during the time the individual knows the absentee new text begin or early new text end voter is voting; or

deleted text begin (i) deleted text end new text begin (9) new text end alter an absentee ballot application after it has been signed by the voter,
except by an election official for administrative purposes.

Before inspecting information from absentee ballot new text begin or early voting new text end materials or
records, an individual shall provide identification to the public official having custody of
the material or information.

Sec. 15.

Minnesota Statutes 2014, section 203B.05, subdivision 1, is amended to read:

Subdivision 1.

Generally.

The full-time clerk of any city or town shall administer
the provisions of sections 203B.04 to 203B.15 if:

(1) the county auditor of that county has designated the clerk to administer them; or

(2) the clerk has given the county auditor of that county notice of intention to
administer them.

The designation or notice must specify whether the clerk will be responsible for the
administration of a ballot board as provided in section 203B.121.

A clerk of a city that is located in more than one county may only administer the
provisions of sections 203B.04 to 203B.15 new text begin and 203B.30 to 203B.35 new text end if the clerk has been
designated by each of the county auditors or has provided notice to each of the county
auditors that the city will administer absentee voting. A clerk may only administer the
provisions of sections 203B.04 to 203B.15 if the clerk has technical capacity to access the
statewide voter registration system in the secure manner prescribed by the secretary of
state. The secretary of state must identify hardware, software, security, or other technical
prerequisites necessary to ensure the security, access controls, and performance of
the statewide voter registration system. A clerk must receive training approved by the
secretary of state on the use of the statewide voter registration system before administering
this section. A clerk may not use the statewide voter registration system until the clerk
has received the required training. The county auditor must notify the secretary of state
of any municipal clerk who will be administering the provisions of this section and the
duties that the clerk will administer.

Sec. 16.

Minnesota Statutes 2014, section 203B.081, is amended to read:

203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.

An eligible voter may vote by absentee ballot in the office of the county auditor and
at any other polling place designated by the county auditor during the 46 days before the
election, except as provided in this section.

Voters casting absentee ballots in person for a town election held in March may do
so during the 30 days before the election new text begin , except that an eligible voter may not vote by
absentee ballot in person during the period designated for early voting, as provided in
section 203B.31 new text end . The county auditor shall make such designations at least 14 weeks before
the election. At least one voting booth in each polling place must be made available by the
county auditor for this purpose. The county auditor must also make available at least one
electronic ballot marker in each polling place that has implemented a voting system that is
accessible for individuals with disabilities pursuant to section 206.57, subdivision 5.

Sec. 17.

Minnesota Statutes 2014, section 203B.085, is amended to read:

203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO
REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.

The county auditor's office in each county and the clerk's office in each city or
town authorized under section 203B.05 to administer absentee balloting must be open
for acceptance of absentee ballot applications and casting of absentee ballots new text begin from 8:00
a.m. to 12:00 p.m. on the day immediately preceding an election subject to early voting
under section 203B.30 unless that day falls on a Sunday. When performing the duties of
the county auditor in an election not subject to early voting under section 203B.30, the
clerk's office must be open new text end from 10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m.
on the day immediately preceding a primary, special, or general election unless that day
falls on a Saturday or Sunday. Town clerks' offices must be open for absentee voting
from 10:00 a.m. to 12:00 deleted text begin noon deleted text end new text begin p.m. new text end on the Saturday before a town general election
held in March. The school district clerk, when performing the county auditor's election
duties, need not comply with this section.

Sec. 18.

Minnesota Statutes 2014, section 203B.121, subdivision 1, is amended to read:

Subdivision 1.

Establishment; applicable laws.

(a) The governing body of each
county, municipality, and school district with responsibility to accept and reject absentee
ballots new text begin or to administer early voting new text end must, by ordinance or resolution, establish a ballot
board. The board must consist of a sufficient number of election judges trained in the
handling of absentee ballots and appointed as provided in sections 204B.19 to 204B.22.
The board may include deputy county auditors or deputy city clerks who have received
training in the processing and counting of absentee ballots.

(b) Each jurisdiction must pay a reasonable compensation to each member of that
jurisdiction's ballot board for services rendered during an election.

(c) Except as otherwise provided by this section, all provisions of the Minnesota
Election Law apply to a ballot board.

Sec. 19.

Minnesota Statutes 2014, section 203B.121, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Duties of ballot board; early voting. new text end

new text begin The members of the ballot board
shall administer the process of early voting as prescribed in section 203B.35 and shall
make a record of voters who cast ballots early and count those ballots as provided in
subdivisions 4 and 5.
new text end

Sec. 20.

Minnesota Statutes 2014, section 203B.121, subdivision 3, is amended to read:

Subd. 3.

Record of voting.

(a) When applicable, the county auditor or municipal
clerk must immediately record that a voter's absentee ballot has been accepted new text begin or that the
voter has cast a ballot pursuant to the early voting procedures provided in this chapter. A
voter whose record indicates that the voter has cast an early ballot must not be permitted
to cast another ballot in that election new text end . After the close of business on the deleted text begin seventh day before
the election deleted text end new text begin day prior to the beginning of the early voting period as provided in section
203B.31 new text end , a voter whose record indicates that an absentee ballot has been accepted must
not be permitted to cast another ballot at that election. In a state primary, general, or state
special election for federal deleted text begin or deleted text end new text begin , new text end state new text begin , or county new text end office, the auditor or clerk must also record
this information in the statewide voter registration system.

(b) The roster must be marked, and a supplemental report of absentee new text begin and early
new text end voters who submitted a voter registration application with their ballot must be created, no
later than the start of voting on election day to indicate the voters that have already cast a
ballot at the election. The roster may be marked either:

(1) by the county auditor or municipal clerk before election day;

(2) by the ballot board before election day; or

(3) by the election judges at the polling place on election day.

The record of a voter whose absentee ballot was received after the close of business
on the seventh day before the election is not required to be marked on the roster or
contained in a supplemental report as required by this paragraph.

Sec. 21.

Minnesota Statutes 2014, section 203B.121, subdivision 4, is amended to read:

Subd. 4.

Opening of envelopes.

After the close of business on the deleted text begin seventh day
before the election deleted text end new text begin day prior to the beginning of the early voting period as provided in
section 203B.31 new text end , the ballots from return envelopes marked "Accepted" may be opened,
duplicated as needed in the manner provided in section 206.86, subdivision 5, initialed by
the members of the ballot board, and deposited in the appropriate ballot box. If more than
one ballot is enclosed in the ballot envelope, the ballots must be returned in the manner
provided by section 204C.25 for return of spoiled ballots, and may not be counted.

Sec. 22.

Minnesota Statutes 2014, section 203B.121, subdivision 5, is amended to read:

Subd. 5.

Storage and counting of absentee new text begin and early voting new text end ballots.

(a) On a
day on which absentee new text begin or early voting new text end ballots are inserted into a ballot box, two members
of the ballot board must:

(1) remove the ballots from the ballot box at the end of the day;

(2) without inspecting the ballots, ensure that the number of ballots removed from
the ballot box is equal to the number of voters new text begin who cast early votes and new text end whose absentee
ballots were accepted that day; and

(3) seal and secure all voted and unvoted ballots present in that location at the end
of the day.

(b) After the polls have closed on election day, two members of the ballot board
must count the ballots, tabulating the vote in a manner that indicates each vote of the voter
and the total votes cast for each candidate or question. In state primary and state general
elections, the results must indicate the total votes cast for each candidate or question in
each precinct and report the vote totals tabulated for each precinct. The count must be
recorded on a summary statement in substantially the same format as provided in section
204C.26. The ballot board shall submit at least one completed summary statement to the
county auditor or municipal clerk. The county auditor or municipal clerk may require
the ballot board to submit a sufficient number of completed summary statements to
comply with the provisions of section 204C.27, or the county auditor or municipal clerk
may certify reports containing the details of the ballot board summary statement to the
recipients of the summary statements designated in section 204C.27.

In state primary and state general elections, these vote totals shall be added to the
vote totals on the summary statements of the returns for the appropriate precinct. In other
elections, these vote totals may be added to the vote totals on the summary statement of
returns for the appropriate precinct or may be reported as a separate total.

The count shall be public. No vote totals from ballots may be made public before the
close of voting on election day.

(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
completed previously, the members of the ballot board must verify as soon as possible, but
no later than 24 hours after the end of the hours for voting, that voters whose absentee
ballots arrived after the rosters were marked or supplemental reports were generated
and whose ballots were accepted did not vote in person on election day. An absentee
ballot submitted by a voter who has voted in person on election day must be rejected. All
other accepted absentee ballots must be opened, duplicated if necessary, and counted by
members of the ballot board. The vote totals from these ballots must be incorporated into
the totals with the other absentee ballots and handled according to paragraph (b).

Sec. 23.

new text begin [203B.30] EARLY VOTING; APPLICABILITY.
new text end

new text begin (a) Any eligible voter may vote in person in a federal, state, or county election prior
to the date of the election in the manner provided in sections 203B.31 to 203B.35.
new text end

new text begin (b)(1) Subject to clause (2), for city elections not held in conjunction with a federal,
state, or county election, the city may authorize eligible voters to vote in the manner
provided in sections 203B.31 to 203B.35 upon resolution of the governing body of the
city, adopted prior to the first day for filing affidavits of candidacy for the election. In the
case of a home rule charter city, authorization may alternatively be made by amendment to
the city's charter for this purpose.
new text end

new text begin (2) A city may only authorize voting under sections 203B.31 to 203B.35 if the
municipal clerk has the technical capacity to access the statewide voter registration
system in the secure manner prescribed by the secretary of state. The secretary of state
must identify hardware, software, security, or other technical prerequisites necessary to
ensure the security, access controls, and performance of the statewide voter registration
system. The clerk must receive training approved by the secretary of state on the use of
the statewide voter registration system before administering voting authorized under
this paragraph. The clerk may not use the statewide voter registration system until the
clerk has received the required training.
new text end

Sec. 24.

new text begin [203B.31] TIME PERIOD FOR EARLY VOTING.
new text end

new text begin Early voting must be available to any eligible voter as provided in section 203B.32
for every primary, general, and special election subject to early voting under section
203B.30 from 15 days before the election through 5:00 p.m. on the third day before
the election. All voters in line at 5:00 p.m. on the third day before the election must be
allowed to vote in the same manner as provided in section 204C.05, subdivision 2.
new text end

Sec. 25.

new text begin [203B.32] HOURS FOR EARLY VOTING.
new text end

new text begin Early voting must be available between the hours of 8:00 a.m. and 4:30 p.m. on
each weekday during the time period provided in section 203B.31, from 8:00 a.m. to 8:00
p.m. on at least one weekday, and from 10:00 a.m. to 5:00 p.m. on the two Saturdays
before the election.
new text end

Sec. 26.

new text begin [203B.33] LOCATIONS FOR EARLY VOTING.
new text end

new text begin (a) Early voting must be made available at polling places designated in the county
auditor's offices in county-owned or county-operated buildings, at the municipal clerk's
office in every municipality that has been delegated the responsibility to administer
absentee voting as provided in section 203B.05 or that is conducting an election that
includes early voting, as authorized in section 203B.30, and at any other county- or
city-owned or county- or city-operated buildings designated by the county auditor or
municipal clerk. At least one voting station and one ballot marking device for disabled
voters must be made available in each polling place.
new text end

new text begin (b) The county auditor or municipal clerk must make an electronic ballot counter
available in each polling place.
new text end

Sec. 27.

new text begin [203B.34] NOTICE TO VOTERS.
new text end

new text begin The county auditor or municipal clerk must prepare a notice to the voters of the days,
times, and locations for early voting. This notice must be posted on the county's Web site,
if applicable, and the Web site for each municipality in the county where an early voting
location is designated for the election at least 14 days before the first day for early voting.
If a county or municipality does not have a Web site, the county auditor or municipal clerk
must publish the notice at least once in the jurisdiction's official newspaper at least seven
days and not more than 14 days before the first day for early voting.
new text end

Sec. 28.

new text begin [203B.35] PROCEDURES FOR EARLY VOTING.
new text end

new text begin Subdivision 1. new text end

new text begin Voting procedure. new text end

new text begin Each voter shall sign the certificate provided in
section 204C.10. An individual who is not registered to vote must register in the manner
provided in section 201.061, subdivision 3.
new text end

new text begin After the voter has signed the certificate, a member of the ballot board must provide
a ballot to the voter. Ballots must be prepared and distributed by members of the ballot
board in the manner provided in section 204C.09. The voter must mark the ballot and
deposit it in either a precinct voting system or a sealed ballot box. A voter may not leave
the polling place with the ballot.
new text end

new text begin Subd. 2. new text end

new text begin Processing of ballots. new text end

new text begin Ballots cast pursuant to sections 203B.30 to
203B.35 must be processed and counted by a ballot board.
new text end

Sec. 29.

Minnesota Statutes 2014, section 204B.28, subdivision 2, is amended to read:

Subd. 2.

Election supplies; duties of county auditors and clerks.

new text begin (a) new text end Except as
otherwise provided for absentee ballots new text begin in this section and new text end in section 204B.35, subdivision
4, the county auditor shall complete the preparation of the election materials for which
the auditor is responsible at least four days before every state primary and state general
election. At any time after all election materials are available from the county auditor
but not later than four days before the election each municipal clerk shall secure from
the county auditor:

deleted text begin (a) deleted text end new text begin (1) new text end the forms that are required for the conduct of the election;

deleted text begin (b) deleted text end new text begin (2) new text end any printed voter instruction materials furnished by the secretary of state;

deleted text begin (c) deleted text end new text begin (3) new text end any other instructions for election officers; and

deleted text begin (d) deleted text end new text begin (4) new text end a sufficient quantity of the official ballots, registration files, envelopes for
ballot returns, and other supplies and materials required for each precinct in order to
comply with the provisions of the Minnesota Election Law. The county auditor may
furnish the election supplies to the municipal clerks in the same manner as the supplies are
furnished to precincts in unorganized territory pursuant to section 204B.29, subdivision 1.

new text begin (b) The county auditor must prepare and make available election materials for early
voting to city clerks designated to administer early voting under section 203B.05 at least
one day prior to the beginning of the early voting period as provided in section 203B.31.
new text end

Sec. 30.

Minnesota Statutes 2014, 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 or voter signature
certificate 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 has the right to vote because, if the individual was convicted of a felony, the
felony sentence has expired or been completed or the individual has been discharged from
the sentence, 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 or voter signature certificate,
new text begin a judge must new text end confirm the applicant's name, address, and date of birth. new text begin A voter whose
registration status is listed as challenged or whose eligibility to vote is challenged as
permitted by section 204C.12 may not sign the polling place roster, but may cast a
provisional ballot as provided in section 204C.135.
new text end

(c) After the applicant signs the roster or voter signature certificate, 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 deleted text begin during the time for
notice of filing an election contest deleted text end .

Sec. 31.

Minnesota Statutes 2014, section 204C.12, subdivision 3, is amended to read:

Subd. 3.

Determination of residence.

In determining the legal residence of a
challenged individual, the election judges shall be governed by the principles contained in
section 200.031. If the challenged individual's answers to the questions show ineligibility
to vote in that precinct, the individual shall not be allowed to vote. If the individual has
marked ballots but not yet deposited them in the ballot boxes before the election judges
determine ineligibility to vote in that precinct, the marked ballots shall be placed deleted text begin unopened deleted text end
with the spoiled ballots. If the answers to the questions fail to show that the individual is
not eligible to vote in that precinct and the challenge is not withdrawn, the election judges
shall deleted text begin verbally administer the oath on the voter certificate to the individual. After taking
the oath and completing and signing the voter certificate, the challenged individual shall
be allowed to vote deleted text end new text begin permit the voter to cast a provisional ballot in the manner provided in
section 204C.135 new text end .

Sec. 32.

new text begin [204C.135] PROVISIONAL BALLOTS.
new text end

new text begin Subdivision 1. new text end

new text begin Casting of provisional ballots. new text end

new text begin (a) The following voters seeking to
vote are entitled to cast a provisional ballot in the manner provided by this section:
new text end

new text begin (1) a voter whose registration status is listed as "challenged" on the polling place
roster;
new text end

new text begin (2) a voter whose eligibility to vote is challenged under section 204C.12; and
new text end

new text begin (3) a voter who completes a provisional voter registration application under section
201.061, subdivision 3a.
new text end

new text begin (b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster
and complete a provisional ballot envelope. The envelope must contain a space for the
voter to list the voter's name, address of residence, date of birth, voter identification
number, and any other information prescribed by the secretary of state. The voter must
also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously
in the same election, and meets the criteria for registering to vote in the precinct in which
the voter appears.
new text end

new text begin After the voter has completed the provisional ballot envelope, the voter must be
allowed to cast a provisional ballot. The provisional ballot must be in the same form
as the official ballot available in the precinct on election day. A completed provisional
ballot shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside
the voter's provisional ballot envelope and deposited by the voter in a secure, sealed
provisional ballot box. Completed provisional ballots may not be combined with other
voted ballots in the polling place.
new text end

new text begin (c) The form of the secrecy and provisional ballot envelopes shall be prescribed by
the secretary of state. The provisional ballot envelope must be a color other than that
provided for absentee ballot envelopes and must be prominently labeled "Provisional
Ballot Envelope."
new text end

new text begin (d) Provisional ballots and related documentation shall be delivered to and securely
maintained by the county auditor or municipal clerk in the same manner as required for
other election materials under sections 204C.27 and 204C.28.
new text end

new text begin Subd. 2. new text end

new text begin Counting provisional ballots. new text end

new text begin (a) The ballot of a voter who casts a
provisional ballot in the polling place on election day must be counted as provided
in this subdivision. new text end

new text begin
(b) If the voter was required to cast a provisional ballot because the voter's
registration was listed as "challenged" on the polling place roster, or the voter's eligibility
was challenged in the polling place under section 204C.12, the voter may personally
appear before the county auditor or municipal clerk no later than seven calendar days
following the election to prove that the voter's provisional ballot should be counted. The
county auditor or municipal clerk must count a provisional ballot from a challenged voter
in the final certified results from the precinct if:
new text end

new text begin (1) the statewide voter registration system indicates that the voter is eligible to vote
or the voter presents evidence of the voter's eligibility to vote; and
new text end

new text begin (2) the voter presents proof of residence in the precinct in the manner permitted by
section 201.061, subdivision 3.
new text end

new text begin If the voter does not appear before the county auditor or municipal clerk within
seven calendar days following the election or otherwise does not satisfy the requirements
of this paragraph, or if the data listed on the items of identification presented by the voter
does not match the data submitted by the voter on the provisional ballot envelope, the
voter's provisional ballot must not be counted.
new text end

new text begin The county auditor or municipal clerk must notify, in writing, any provisional voter
whose registration was challenged and who does not appear within seven calendar days of
the election that their provisional ballot was not counted because of the voter's failure to
appear before the county auditor or municipal clerk within the time permitted by law to
determine whether the provisional ballot should be counted.
new text end

new text begin (c) If the voter cast a provisional ballot because the voter was provisionally
registered under section 201.061, subdivision 3a, the voter's provisional ballot must be
counted unless the county auditor or municipal clerk determines that the voter's provisional
registration was deficient or indicates that the voter is not eligible to vote. In making a
determination under this paragraph, the county auditor or municipal clerk, in consultation
with the secretary of state, must review all available databases accessible to the secretary
of state under chapter 201 used for purposes of determining voter eligibility and making
challenges, including but not limited to reports of deceased voters under section 201.13,
change-of-names under section 201.14, guardianships and conservatorships under section
201.15, felony convictions under section 201.155, corrections under section 201.157, and
department of public safety citizenship data under section 201.158.
new text end

new text begin If a review of the data in this paragraph indicates that a provisional registrant is not
eligible to vote, the provisional registration must be rejected and the provisional ballot
must not be counted. The county auditor or municipal clerk must make a reasonable effort
to notify the applicant and provide an opportunity to appear to present evidence of the
applicant's eligibility to vote and proof of residence, in the manner provided in paragraph
(b). If an applicant whose provisional application and ballot would otherwise be rejected
under this paragraph appears and meets the requirements of paragraph (b), the application
must be accepted and the provisional ballot must be counted.
new text end

new text begin Subd. 3. new text end

new text begin Provisional ballots; reconciliation. new text end

new text begin Prior to counting any provisional
ballots in the final vote totals from a precinct, the county auditor must verify that the
number of signatures appearing on the provisional ballot roster from that precinct is equal
to or greater than the number of accepted provisional ballots submitted by voters in the
precinct on election day. Any discrepancy must be resolved before the provisional ballots
from the precinct may be counted. Excess provisional ballots to be counted must be
randomly withdrawn in the manner required by section 204C.20, subdivision 2, after the
period for a voter to appear to prove residence and identity has expired and the ballots to
be counted have been separated from the provisional ballot envelopes.
new text end

Sec. 33.

Minnesota Statutes 2014, section 204C.14, subdivision 1, is amended to read:

Subdivision 1.

Violations; penalty.

new text begin (a) new text end No individual shall intentionally:

deleted text begin (a) deleted text end new text begin (1) new text end misrepresent the individual's identity in applying for a ballot, depositing a
ballot in a ballot box new text begin , requesting a provisional ballot or requesting that a provisional ballot
be counted, new text end or attempting to vote by means of a voting machine or electronic voting system;

deleted text begin (b) deleted text end new text begin (2) new text end vote more than once at the same election;

deleted text begin (c) deleted text end new text begin (3) new text end put a ballot in a ballot box for any illegal purpose;

deleted text begin (d) deleted text end new text begin (4) new text end give more than one ballot of the same kind to an election judge to be placed
in a ballot box;

deleted text begin (e) deleted text end new text begin (5) new text end aid, abet, counsel or procure another to go into any precinct for the purpose
of voting in that precinct, knowing that the other individual is not eligible to vote in
that precinct; or

deleted text begin (f) deleted text end new text begin (6) new text end aid, abet, counsel or procure another to do any act in violation of this section.

new text begin (b) new text end A violation of this section is a felony.

Sec. 34.

Minnesota Statutes 2014, section 206.82, subdivision 1, is amended to read:

Subdivision 1.

Program.

A program or programs for use in an election conducted
by means of an electronic voting system or using an electronic ballot marker shall be
prepared at the direction of the county auditor or municipal clerk who is responsible for
the conduct of the election and shall be independently verified by a competent person
designated by that official. The term "competent person" as used in this section means a
person who can demonstrate knowledge as a computer programmer and who is other than
and wholly independent of any person operating or employed by the counting center or the
corporation or other preparer of the program. A test deck prepared by a competent person
shall be used for independent verification of the program; it shall test the maximum digits
used in totaling the returns and shall be usable by insertion during the tabulation process
as well as prior to tabulation. A test deck must also be prepared using the electronic ballot
marker program and must also be used to verify that all valid votes counted by the vote
tabulator may be selected using the electronic ballot marker. new text begin The computer program for
any election and an exact duplicate of the program for use as backup must be completed
and delivered to the election jurisdiction or the county auditor in charge of a common
central counting center at least 27 days prior to the election. new text end The secretary of state shall
adopt rules further specifying test procedures.

Sec. 35.

Minnesota Statutes 2014, section 206.83, is amended to read:

206.83 TESTING OF VOTING SYSTEMS.

Within deleted text begin 14 deleted text end new text begin 22 new text end days before election day, the official in charge of elections shall have
the voting system tested to ascertain that the system will correctly mark ballots using all
methods supported by the system, including through assistive technology, and count the
votes cast for all candidates and on all questions. Public notice of the time and place of the
test must be given at least two days in advance by publication once in official newspapers.
The test must be observed by at least two election judges, who are not of the same major
political party, and must be open to representatives of the political parties, candidates, the
press, and the public. The test must be conducted by (1) processing a preaudited group
of ballots punched or marked to record a predetermined number of valid votes for each
candidate and on each question, and must include for each office one or more ballot cards
which have votes in excess of the number allowed by law in order to test the ability of
the voting system tabulator and electronic ballot marker to reject those votes; and (2)
processing an additional test deck of ballots marked using the electronic ballot marker
for the precinct, including ballots marked using the electronic ballot display, audio ballot
reader, and any assistive voting technology used with the electronic ballot marker. If any
error is detected, the cause must be ascertained and corrected and an errorless count must
be made before the voting system may be used in the election. After the completion of
the test, the programs used and ballot cards must be sealed, retained, and disposed of as
provided for paper ballots.

Sec. 36. new text begin APPROPRIATION. new text end

new text begin
$....... in fiscal year 2016 is appropriated from the general fund to the secretary of
state to implement this act.
new text end

Sec. 37. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 8200.9939, new text end new text begin is repealed.
new text end

Sec. 38. new text begin EFFECTIVE DATE; APPLICABILITY.
new text end

new text begin The provisions of this act are effective when the secretary of state has certified that:
new text end

new text begin (1) the statewide voter registration system has been tested and shown to properly
allow for the tracking of the information required to conduct early voting and can handle
the expected volume of use; and
new text end

new text begin (2) precinct voting equipment that can tabulate at least 30 different ballot styles
has been certified for use in this state. Upon certification pursuant to this section, the
provisions of this act related to early voting apply to all federal, state, and county elections
held on August 1, 2015, and thereafter. A jurisdiction may implement the requirements
of this act prior to the date provided in this section if the secretary of state has made the
required certifications at least 90 days prior to the date of the election at which early
voting will be used.
new text end