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HF 2166

Conference Committee Report - 88th Legislature (2013 - 2014) Posted on 05/12/2014 04:11pm

KEY: stricken = removed, old language.
underscored = added, new language.
1.2A bill for an act
1.3relating to elections; providing a study of the use of electronic rosters in
1.4elections; requiring secretary of state to evaluate electronic rosters in 2014
1.5election; authorizing the use of electronic rosters statewide; proposing coding for
1.6new law in Minnesota Statutes, chapter 201.
1.7May 12, 2014
1.8The Honorable Paul Thissen
1.9Speaker of the House of Representatives
1.10The Honorable Sandra L. Pappas
1.11President of the Senate
1.12We, the undersigned conferees for H. F. No. 2166 report that we have agreed upon
1.13the items in dispute and recommend as follows:
1.14That the Senate recede from its amendments and that H. F. No. 2166 be further
1.15amended as follows:
1.16Delete everything after the enacting clause and insert:

1.17"ARTICLE 1

1.19    Section 1. [201.225] ELECTRONIC ROSTER AUTHORIZATION.
1.20    Subdivision 1. Authority. A county, municipality, or school district may use
1.21electronic rosters for any election. In a county, municipality, or school district that uses
1.22electronic rosters, the head elections official may designate that some or all of the precincts
1.23use electronic rosters. An electronic roster must comply with all of the requirements of
1.24this section. An electronic roster must include information required in section 201.221,
1.25subdivision 3, and any rules adopted pursuant to that section.
1.26    Subd. 2. Technology requirements. An electronic roster must:
1.27(1) be able to be loaded with a data file that includes voter registration data in a file
1.28format prescribed by the secretary of state;
1.29(2) allow for data to be exported in a file format prescribed by the secretary of state;
2.1(3) allow for data to be entered manually or by scanning a Minnesota driver's license
2.2or identification card to locate a voter record or populate a voter registration application
2.3that would be printed and signed and dated by the voter. The printed registration
2.4application can be either a printed form, labels printed with voter information to be affixed
2.5to a preprinted form, or a combination of both;
2.6(4) allow an election judge to update data that was populated from a scanned driver's
2.7license or identification card;
2.8(5) cue an election judge to ask for and input data that is not populated from a
2.9scanned driver's license or identification card that is otherwise required to be collected
2.10from the voter or an election judge;
2.11(6) immediately alert the election judge if the voter has provided information that
2.12indicates that the voter is not eligible to vote;
2.13(7) immediately alert the election judge if the electronic roster indicates that a voter
2.14has already voted in that precinct, the voter's registration status is challenged, or it appears
2.15the voter resides in a different precinct;
2.16(8) provide immediate instructions on how to resolve a particular type of challenge
2.17when a voter's record is challenged;
2.18(9) provide for a printed voter signature certificate, containing the voter's name,
2.19address of residence, date of birth, voter identification number, the oath required by
2.20section 204C.10, and a space for the voter's original signature. The printed voter signature
2.21certificate can be either a printed form or a label printed with the voter's information
2.22to be affixed to the oath;
2.23(10) contain only preregistered voters within the precinct, and not contain
2.24preregistered voter data on voters registered outside of the precinct;
2.25(11) be only networked within the polling location on election day, except for the
2.26purpose of updating absentee ballot records;
2.27(12) meet minimum security, reliability, and networking standards established by the
2.28Office of the Secretary of State in consultation with MN.IT;
2.29(13) be capable of providing a voter's correct polling place; and
2.30(14) perform any other functions necessary for the efficient and secure administration
2.31of the participating election, as determined by the secretary of state.
2.32Electronic rosters used only for election day registration do not need to comply with
2.33clauses (1), (8), and (10). Electronic rosters used only for preregistered voter processing
2.34do not need to comply with clauses (4) and (5).
2.35    Subd. 3. Minnesota Election Law; other law. Unless otherwise provided, the
2.36provisions of the Minnesota Election Law apply to the use of electronic rosters. Voters
3.1participating in the safe at home program must be allowed to vote pursuant to section
3.25B.06. Nothing in this section shall be construed to amend absentee voting provisions in
3.3chapter 203B.
3.4    Subd. 4. Election records retention. All voter signature certificates and voter
3.5registration applications printed from an electronic roster must be retained pursuant to
3.6section 204B.40. The electronic rosters must print voter signature certificates and voter
3.7registration applications on material that will remain legible through the period prescribed
3.8by section 204B.40. Data on election day registrants and voter history must be uploaded
3.9to the statewide voter registration system for processing by county auditors.
3.10    Subd. 5. Election day. (a) Precincts may use electronic rosters for election day
3.11registration, to process preregistered voters, or both. The printed election day registration
3.12applications must be reviewed when electronic records are processed in the statewide
3.13voter registration system. The election judges shall determine the number of ballots to be
3.14counted by counting the number of original voter signature certificates or the number of
3.15voter receipts.
3.16(b) Each precinct using electronic rosters shall have a paper backup system approved
3.17by the secretary of state present at the polling place to use in the event that the election
3.18judges are unable to use the electronic roster.
3.19    Subd. 6. Reporting; certification. (a) A county, municipality, or school district
3.20that intends to use electronic rosters in an upcoming election must notify the Office
3.21of the Secretary of State at least 90 days before the first election in which the county,
3.22municipality, or school district intends to use electronic rosters. The notification must
3.23specify whether all precincts will use electronic rosters, and if not, specify which precincts
3.24will be using electronic rosters. The notification is valid for all subsequent elections,
3.25unless revoked by the county, municipality, or school district. If precincts within a county,
3.26municipality, or school district that were not included in the initial notification intend to
3.27use electronic rosters, a new notification must be submitted.
3.28(b) The county, municipality, or school district that intends to use electronic rosters
3.29must certify to the Office of the Secretary of State at least 30 days before the election that
3.30the electronic rosters meet all of the requirements in this section.

3.33The secretary of state must evaluate the use of electronic rosters in the 2014 state
3.34general election, and submit a report detailing the results of the evaluation to the chairs
4.1and ranking minority members of the committees in the house of representatives and the
4.2senate with primary jurisdiction over elections no later than April 1, 2015.

4.3    Sec. 3. EFFECTIVE DATE.
4.4This article is effective the day following final enactment.


4.7    Section 1. Minnesota Statutes 2012, section 200.02, is amended by adding a
4.8subdivision to read:
4.9    Subd. 25. Polling place roster. "Polling place roster" or "roster" refers to a roster in
4.10(1) printed format; or (2) electronic format as permitted by section 201.225.

4.11    Sec. 2. Minnesota Statutes 2012, section 200.02, is amended by adding a subdivision
4.12to read:
4.13    Subd. 26. Voter signature certificate. "Voter signature certificate" means a printed
4.14form or label generated from an electronic polling place roster that contains the voter's
4.15name, address of residence, date of birth, voter identification number, the oath required
4.16by section 204C.10, and a space for the voter's original signature. A voter signature
4.17certificate is not a "voter certificate" under section 204C.12.

4.18    Sec. 3. Minnesota Statutes 2012, section 201.221, subdivision 3, is amended to read:
4.19    Subd. 3. Procedures for polling place rosters. The secretary of state shall
4.20prescribe the form of paper polling place rosters that include the voter's name, address,
4.21date of birth, school district number, and space for the voter's signature. An electronic
4.22roster and the voter signature certificate together must include the same information as a
4.23paper polling place roster. The secretary of state may prescribe additional election-related
4.24information to be placed on the polling place rosters on an experimental basis for one state
4.25primary and general election cycle; the same information may not be placed on the polling
4.26place roster for a second state primary and general election cycle unless specified in this
4.27subdivision. The polling place roster must be used to indicate whether the voter has voted
4.28in a given election. The secretary of state shall prescribe procedures for transporting the
4.29polling place rosters to the election judges for use on election day. The secretary of state
4.30shall prescribe the form for a county or municipality to request the date of birth from
4.31currently registered voters. The county or municipality shall not request the date of birth
4.32from currently registered voters by any communication other than the prescribed form and
5.1the form must clearly indicate that a currently registered voter does not lose registration
5.2status by failing to provide the date of birth. In accordance with section 204B.40, the
5.3county auditor shall retain the prescribed polling place rosters used on the date of election
5.4for 22 months following the election.

5.5    Sec. 4. Minnesota Statutes 2012, section 204B.14, subdivision 2, is amended to read:
5.6    Subd. 2. Separate precincts; combined polling place. (a) The following shall
5.7constitute at least one election precinct:
5.8(1) each city ward; and
5.9(2) each town and each statutory city.
5.10(b) A single, accessible, combined polling place may be established no later than
5.11May 1 of any year:
5.12(1) for any city of the third or fourth class, any town, or any city having territory in
5.13more than one county, in which all the voters of the city or town shall cast their ballots;
5.14(2) for contiguous precincts in the same municipality;
5.15(3) for up to four contiguous municipalities located entirely outside the metropolitan
5.16area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
5.17(4) for noncontiguous precincts located in one or more counties.
5.18A copy of the ordinance or resolution establishing a combined polling place must
5.19be filed with the county auditor within 30 days after approval by the governing body. A
5.20polling place combined under clause (3) must be approved by the governing body of each
5.21participating municipality. A polling place combined under clause (4) must be approved
5.22by the governing body of each participating municipality and the secretary of state and
5.23may be located outside any of the noncontiguous precincts. A municipality withdrawing
5.24from participation in a combined polling place must do so by filing a resolution of
5.25withdrawal with the county auditor no later than April 1 of any year.
5.26The secretary of state shall provide a separate polling place roster for each precinct
5.27served by the combined polling place, except that in a precinct that uses electronic rosters
5.28the secretary of state shall provide separate data files for each precinct. A single set of
5.29election judges may be appointed to serve at a combined polling place. The number of
5.30election judges required must be based on the total number of persons voting at the last
5.31similar election in all precincts to be voting at the combined polling place. Separate ballot
5.32boxes must be provided for the ballots from each precinct. The results of the election must
5.33be reported separately for each precinct served by the combined polling place, except in a
5.34polling place established under clause (2) where one of the precincts has fewer than ten
6.1registered voters, in which case the results of that precinct must be reported in the manner
6.2specified by the secretary of state.

6.3    Sec. 5. Minnesota Statutes 2012, section 204C.10, is amended to read:
6.6(a) An individual seeking to vote shall sign a polling place roster or voter signature
6.7certificate which states that the individual is at least 18 years of age, a citizen of the United
6.8States, has resided in Minnesota for 20 days immediately preceding the election, maintains
6.9residence at the address shown, is not under a guardianship in which the court order revokes
6.10the individual's right to vote, has not been found by a court of law to be legally incompetent
6.11to vote or has the right to vote because, if the individual was convicted of a felony, the
6.12felony sentence has expired or been completed or the individual has been discharged from
6.13the sentence, is registered and has not already voted in the election. The roster must also
6.14state: "I understand that deliberately providing false information is a felony punishable by
6.15not more than five years imprisonment and a fine of not more than $10,000, or both."
6.16(b) A judge may, before the applicant signs the roster or voter signature certificate,
6.17confirm the applicant's name, address, and date of birth.
6.18(c) After the applicant signs the roster or voter signature certificate, the judge shall
6.19give the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge
6.20in charge of ballots as proof of the voter's right to vote, and thereupon the judge shall
6.21hand to the voter the ballot. The voters' receipts must be maintained during the time for
6.22notice of filing an election contest.

6.23    Sec. 6. Minnesota Statutes 2012, section 204C.12, subdivision 4, is amended to read:
6.24    Subd. 4. Refusal to answer questions or sign a polling place roster. A challenged
6.25individual who refuses to answer questions or sign a polling place roster or voter signature
6.26certificate as required by this section must not be allowed to vote. A challenged individual
6.27who leaves the polling place and returns later willing to answer questions or sign a polling
6.28place roster or voter signature certificate must not be allowed to vote.

6.29    Sec. 7. Minnesota Statutes 2013 Supplement, section 204C.14, subdivision 2, is
6.30amended to read:
6.31    Subd. 2. Signature on roster as evidence of intent. For purposes of proving a
6.32violation of this section, the signature of an individual on a polling place roster or voter
7.1signature certificate is prima facie evidence of the intent of the individual to vote at that

7.3    Sec. 8. Minnesota Statutes 2012, section 211B.11, subdivision 1, is amended to read:
7.4    Subdivision 1. Soliciting near polling places. A person may not display campaign
7.5material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
7.6a polling place or within 100 feet of the building in which a polling place is situated,
7.7or anywhere on the public property on which a polling place is situated, on primary or
7.8election day to vote for or refrain from voting for a candidate or ballot question. A person
7.9may not provide political badges, political buttons, or other political insignia to be worn
7.10at or about the polling place on the day of a primary or election. A political badge,
7.11political button, or other political insignia may not be worn at or about the polling place on
7.12primary or election day. This section applies to areas established by the county auditor or
7.13municipal clerk for absentee voting as provided in chapter 203B.
7.14The secretary of state, county auditor, municipal clerk, or school district clerk may
7.15provide stickers which contain the words "I VOTED" and nothing more. Election judges
7.16may offer a sticker of this type to each voter who has signed the polling place roster or
7.17voter signature certificate.

7.18    Sec. 9. EFFECTIVE DATE.
7.19This article is effective the day following final enactment."
7.20Delete the title and insert:
7.21"A bill for an act
7.22relating to elections; authorizing the use of electronic rosters; requiring an
7.23evaluation of the use of electronic rosters in the 2014 election; making various
7.24technical and conforming changes; providing definitions;amending Minnesota
7.25Statutes 2012, sections 200.02, by adding subdivisions; 201.221, subdivision 3;
7.26204B.14, subdivision 2; 204C.10; 204C.12, subdivision 4; 211B.11, subdivision
7.271; Minnesota Statutes 2013 Supplement, section 204C.14, subdivision 2;
7.28proposing coding for new law in Minnesota Statutes, chapter 201."
We request the adoption of this report and repassage of the bill.
House Conferees:
Carolyn Laine
Laurie Halverson
Tim Sanders
Senate Conferees:
Terri E. Bonoff
Mary Kiffmeyer
Ann H. Rest