HF 2166

4th Engrossment - 88th Legislature (2013 - 2014) Posted on 05/16/2014 02:47am

A bill for an act
relating to elections; authorizing the use of electronic rosters; requiring an
evaluation of the use of electronic rosters in the 2014 election; making various
technical and conforming changes; providing definitions; amending Minnesota
Statutes 2012, sections 200.02, by adding subdivisions; 201.221, subdivision 3;
204B.14, subdivision 2; 204C.10; 204C.12, subdivision 4; 211B.11, subdivision
1; Minnesota Statutes 2013 Supplement, section 204C.14, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapter 201.

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

ARTICLE 1

ELECTRONIC ROSTER AUTHORIZATION

Section 1.

new text begin [201.225] ELECTRONIC ROSTER AUTHORIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin A county, municipality, or school district may use
electronic rosters for any election. In a county, municipality, or school district that uses
electronic rosters, the head elections official may designate that some or all of the precincts
use electronic rosters. An electronic roster must comply with all of the requirements of
this section. An electronic roster must include information required in section 201.221,
subdivision 3, and any rules adopted pursuant to that section.
new text end

new text begin Subd. 2. new text end

new text begin Technology requirements. new text end

new text begin An electronic roster must:
new text end

new text begin (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;
new text end

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

new text begin (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;
new text end

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

new text begin (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;
new text end

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

new text begin (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;
new text end

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

new text begin (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;
new text end

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

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

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

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

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

new text begin Electronic rosters used only for election day 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).
new text end

new text begin Subd. 3. new text end

new text begin Minnesota Election Law; other law. new text end

new text begin Unless otherwise provided, the
provisions of the Minnesota Election Law apply to the use of electronic rosters. Voters
participating in the safe at home program must be allowed to vote pursuant to section
5B.06. Nothing in this section shall be construed to amend absentee voting provisions in
chapter 203B.
new text end

new text begin Subd. 4. new text end

new text begin Election records retention. new text end

new text begin All voter signature certificates and voter
registration applications printed from an electronic roster must be retained pursuant to
section 204B.40. The electronic rosters must print voter signature certificates and voter
registration applications on material that will remain legible through the period prescribed
by section 204B.40. Data on election day registrants and voter history must be uploaded
to the statewide voter registration system for processing by county auditors.
new text end

new text begin Subd. 5. new text end

new text begin Election day. new text end

new text begin (a) Precincts may use electronic rosters for election day
registration, to process preregistered voters, or both. The printed election day 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.
new text end

new text begin (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.
new text end

new text begin Subd. 6. new text end

new text begin Reporting; certification. new text end

new text begin (a) A county, municipality, or school district
that intends to use electronic rosters in an upcoming election must notify the Office
of the Secretary of State at least 90 days before the first election in which the county,
municipality, or school district intends to use electronic rosters. The notification must
specify whether all precincts will use electronic rosters, and if not, specify which precincts
will be using electronic rosters. The notification is valid for all subsequent elections,
unless revoked by the county, municipality, or school district. If precincts within a county,
municipality, or school district that were not included in the initial notification intend to
use electronic rosters, a new notification must be submitted.
new text end

new text begin (b) The county, municipality, or school district that intends to use electronic rosters
must certify to the Office of the Secretary of State at least 30 days before the election that
the electronic rosters meet all of the requirements in this section.
new text end

Sec. 2. new text begin EVALUATION OF ELECTRONIC ROSTER USE; 2014 STATE
GENERAL ELECTION.
new text end

new text begin The secretary of state must evaluate the use of electronic rosters in the 2014 state
general election, and submit a report detailing the results of the evaluation to the chairs
and ranking minority members of the committees in the house of representatives and the
senate with primary jurisdiction over elections no later than April 1, 2015.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

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

ARTICLE 2

DEFINITIONS AND CONFORMING CHANGES

Section 1.

Minnesota Statutes 2012, section 200.02, is amended by adding a
subdivision to read:

new text begin Subd. 25. new text end

new text begin Polling place roster. new text end

new text begin "Polling place roster" or "roster" refers to a roster in
(1) printed format; or (2) electronic format as permitted by section 201.225.
new text end

Sec. 2.

Minnesota Statutes 2012, section 200.02, is amended by adding a subdivision
to read:

new text begin Subd. 26. new text end

new text begin Voter signature certificate. new text end

new text begin "Voter signature certificate" means a printed
form or label generated from an electronic polling place roster that contains 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. A voter signature
certificate is not a "voter certificate" under section 204C.12.
new text end

Sec. 3.

Minnesota Statutes 2012, section 201.221, subdivision 3, is amended to read:

Subd. 3.

Procedures for polling place rosters.

The secretary of state shall
prescribe the form of new text begin paper new text end polling place rosters that include the voter's name, address,
date of birth, school district number, and space for the voter's signature. new text begin An electronic
roster and the voter signature certificate together must include the same information as a
paper polling place roster. new text end The secretary of state may prescribe additional election-related
information to be placed on the polling place rosters on an experimental basis for one state
primary and general election cycle; the same information may not be placed on the polling
place roster for a second state primary and general election cycle unless specified in this
subdivision. The polling place roster must be used to indicate whether the voter has voted
in a given election. The secretary of state shall prescribe procedures for transporting the
polling place rosters to the election judges for use on election day. The secretary of state
shall prescribe the form for a county or municipality to request the date of birth from
currently registered voters. The county or municipality shall not request the date of birth
from currently registered voters by any communication other than the prescribed form and
the form must clearly indicate that a currently registered voter does not lose registration
status by failing to provide the date of birth. In accordance with section 204B.40, the
county auditor shall retain the prescribed polling place rosters used on the date of election
for 22 months following the election.

Sec. 4.

Minnesota Statutes 2012, section 204B.14, subdivision 2, is amended to read:

Subd. 2.

Separate precincts; combined polling place.

(a) The following shall
constitute at least one election precinct:

(1) each city ward; and

(2) each town and each statutory city.

(b) A single, accessible, combined polling place may be established no later than
May 1 of any year:

(1) for any city of the third or fourth class, any town, or any city having territory in
more than one county, in which all the voters of the city or town shall cast their ballots;

(2) for contiguous precincts in the same municipality;

(3) for up to four contiguous municipalities located entirely outside the metropolitan
area, as defined by section 200.02, subdivision 24, that are contained in the same county; or

(4) for noncontiguous precincts located in one or more counties.

A copy of the ordinance or resolution establishing a combined polling place must
be filed with the county auditor within 30 days after approval by the governing body. A
polling place combined under clause (3) must be approved by the governing body of each
participating municipality. A polling place combined under clause (4) must be approved
by the governing body of each participating municipality and the secretary of state and
may be located outside any of the noncontiguous precincts. A municipality withdrawing
from participation in a combined polling place must do so by filing a resolution of
withdrawal with the county auditor no later than April 1 of any year.

The secretary of state shall provide a separate polling place roster for each precinct
served by the combined polling place new text begin , except that in a precinct that uses electronic rosters
the secretary of state shall provide separate data files for each precinct new text end . A single set of
election judges may be appointed to serve at a combined polling place. The number of
election judges required must be based on the total number of persons voting at the last
similar election in all precincts to be voting at the combined polling place. Separate ballot
boxes must be provided for the ballots from each precinct. The results of the election must
be reported separately for each precinct served by the combined polling place, except in a
polling place established under clause (2) where one of the precincts has fewer than ten
registered voters, in which case the results of that precinct must be reported in the manner
specified by the secretary of state.

Sec. 5.

Minnesota Statutes 2012, 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 new text begin or voter signature
certificate new text end 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) A judge may, before the applicant signs the roster new text begin or voter signature certificate new text end ,
confirm the applicant's name, address, and date of birth.

(c) After the applicant signs the roster new text begin or voter signature certificate new text end , 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. 6.

Minnesota Statutes 2012, section 204C.12, subdivision 4, is amended to read:

Subd. 4.

Refusal to answer questions or sign a polling place roster.

A challenged
individual who refuses to answer questions or sign a polling place roster new text begin or voter signature
certificate new text end as required by this section must not be allowed to vote. A challenged individual
who leaves the polling place and returns later willing to answer questions or sign a polling
place roster new text begin or voter signature certificate new text end must not be allowed to vote.

Sec. 7.

Minnesota Statutes 2013 Supplement, section 204C.14, subdivision 2, is
amended to read:

Subd. 2.

Signature on roster as evidence of intent.

For purposes of proving a
violation of this section, the signature of an individual on a polling place roster new text begin or voter
signature certificate new text end is prima facie evidence of the intent of the individual to vote at that
election.

Sec. 8.

Minnesota Statutes 2012, section 211B.11, subdivision 1, is amended to read:

Subdivision 1.

Soliciting near polling places.

A person may not display campaign
material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
a polling place or within 100 feet of the building in which a polling place is situated,
or anywhere on the public property on which a polling place is situated, on primary or
election day to vote for or refrain from voting for a candidate or ballot question. A person
may not provide political badges, political buttons, or other political insignia to be worn
at or about the polling place on the day of a primary or election. A political badge,
political button, or other political insignia may not be worn at or about the polling place on
primary or election day. This section applies to areas established by the county auditor or
municipal clerk for absentee voting as provided in chapter 203B.

The secretary of state, county auditor, municipal clerk, or school district clerk may
provide stickers which contain the words "I VOTED" and nothing more. Election judges
may offer a sticker of this type to each voter who has signed the polling place roster new text begin or
voter signature certificate new text end .

Sec. 9. new text begin EFFECTIVE DATE.
new text end

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