HF 2342

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; clarifying the voting rights of
persons under guardianship and persons with
disabilities; permitting local governments to redraw
election districts before the legislature has been
redistricted; requiring new election for all members
of a city council or county board following
redistricting; permitting appointment of election
judges not affiliated with a major political party;
eliminating a requirement concerning major political
party primary results; increasing disclosure of
contributions and expenditures for local political
campaigns; amending Minnesota Statutes 2004, sections
201.014, subdivision 2; 201.061, subdivision 3;
201.071, subdivision 1; 201.15; 204B.10, subdivision
6; 204B.135, subdivision 1; 204B.14, subdivisions 1a,
3; 204B.21, subdivision 2; 204C.08, subdivision 1a;
204C.10; 204D.10, subdivision 1; 205.84, subdivision
2; 211A.02, subdivisions 1, 2; 375.025, subdivision 4;
524.5-310; repealing Minnesota Statutes 2004, section
204D.10, subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 201.014,
subdivision 2, is amended to read:

Subd. 2.

Not eligible.

The following individuals are not
eligible to vote. Any individual:

(a) Convicted of treason or any felony whose civil rights
have not been restored;

(b) Under a guardianship deleted text begin of the person deleted text end in which the court
order deleted text begin provides that the ward does not retain deleted text end new text begin revokes new text end the new text begin ward's
new text end right to vote; or

(c) Found by a court of law to be legally incompetent.

Sec. 2.

Minnesota Statutes 2004, section 201.061,
subdivision 3, is amended to read:

Subd. 3.

Election day registration.

An individual who is
eligible to vote may register on election day by appearing in
person at the polling place for the precinct in which the
individual maintains residence, by 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;

(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 precinct together with a picture
identification card; or

(4) having a voter who is registered to vote in the
precinct sign an oath in the presence of the election judge
vouching that the voter 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.

For tribal band members deleted text begin living on an Indian reservation deleted text end , an
individual may prove residence for purposes of registering by
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, street address, signature, and picture of the
individual. The county auditor of each county having territory
within the reservation shall maintain a record of the number of
election day registrations accepted under this section.

A county, school district, or municipality may require that
an election judge responsible for election day registration
initial each completed registration application.

Sec. 3.

Minnesota Statutes 2004, section 201.071,
subdivision 1, is amended to read:

Subdivision 1.

Form.

A voter registration application
must be of suitable size and weight for mailing and contain
spaces for the following required information: voter's first
name, middle name, and last name; voter's previous name, if any;
voter's current address; voter's previous address, if any;
voter's date of birth; voter's municipality and county of
residence; voter's telephone number, if provided by the voter;
date of registration; current and valid Minnesota driver's
license number or Minnesota state identification number, or if
the voter has no current and valid Minnesota driver's license or
Minnesota state identification, the last four digits of the
voter's Social Security number; and voter's signature. The
registration application may include the voter's e-mail address,
if provided by the voter, and the voter's interest in serving as
an election judge, if indicated by the voter. The application
must also contain the following certification of voter
eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately
preceding election day;

(4) maintain residence at the address given on the
registration form;

(5) am not under court-ordered guardianship deleted text begin of the person
where I have not retained the deleted text end new text begin in which the court order revokes
my new text end right to vote;

(6) have not been found by a court to be legally
incompetent to vote;

(7) have not been convicted of a felony without having my
civil rights restored; and

(8) have read and understand the following statement: that
giving false information is a felony punishable by not more than
five years imprisonment or a fine of not more than $10,000, or
both."

The certification must include boxes for the voter to
respond to the following questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not
complete this form."

The form of the voter registration application and the
certification of voter eligibility must be as provided in this
subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration
Act may also be accepted as valid.

An individual may use a voter registration application to
apply to register to vote in Minnesota or to change information
on an existing registration.

Sec. 4.

Minnesota Statutes 2004, section 201.15, is
amended to read:

201.15 DISTRICT JUDGE, REPORT GUARDIANSHIPS AND
COMMITMENTS.

Subdivision 1.

Guardianships and incompetents.

Pursuant
to the Help America Vote Act of 2002, Public Law 107-252, the
state court administrator shall report monthly by electronic
means to the secretary of state the name, address, and date of
birth of each individual 18 years of age or over, who during the
month preceding the date of the report:

(a) was placed under a guardianship deleted text begin of the person deleted text end in which
the court order deleted text begin provides that the ward does not retain deleted text end new text begin revokes
new text end the new text begin ward's new text end right to vote; or

(b) was adjudged legally incompetent.

The court administrator shall also report the same
information for each individual transferred to the jurisdiction
of the court who meets a condition specified in clause (a) or
(b). The secretary of state shall determine if any of the
persons in the report is registered to vote and shall prepare a
list of those registrants for the county auditor. The county
auditor shall change the status on the record in the statewide
registration system of any individual named in the report to
indicate that the individual is not eligible to reregister or
vote.

Subd. 2.

deleted text begin restoration to capacity deleted text end new text begin guardianship termination
or modification new text end .

Pursuant to the Help America Vote Act of 2002,
Public Law 107-252, the state court administrator shall report
monthly by electronic means to the secretary of state the name,
address, and date of birth of each individual deleted text begin transferred from
deleted text end new text begin whose new text end guardianship deleted text begin to conservatorship or who is restored to
capacity by the court deleted text end new text begin was modified to restore the ward's right
to vote or whose guardianship was terminated by order of the
court under section 524.5-317 new text end after being ineligible to vote for
any of the reasons specified in subdivision 1. The secretary of
state shall determine if any of the persons in the report is
registered to vote and shall prepare a list of those registrants
for the county auditor. The county auditor shall change the
status on the voter's record in the statewide registration
system to "active."

Sec. 5.

Minnesota Statutes 2004, section 204B.10,
subdivision 6, is amended to read:

Subd. 6.

Ineligible voter.

Upon receipt of a certified
copy of a final judgment or order of a court of competent
jurisdiction that a person who has filed an affidavit of
candidacy or who has been nominated by petition:

(1) has been convicted of treason or a felony and the
person's civil rights have not been restored;

(2) is under guardianship deleted text begin of the person deleted text end new text begin in which the court
order revokes the ward's right to vote new text end ; or

(3) has been found by a court of law to be legally
incompetent;

the filing officer shall notify the person by certified mail at
the address shown on the affidavit or petition, and shall not
certify the person's name to be placed on the ballot. The
actions of a filing officer under this subdivision are subject
to judicial review under section 204B.44.

Sec. 6.

Minnesota Statutes 2004, section 204B.135,
subdivision 1, is amended to read:

Subdivision 1.

Cities with wards.

A city that elects its
council members by wards deleted text begin may not redistrict those wards before
the legislature has been redistricted in a year ending in one or
two. The wards must be redistricted within deleted text end new text begin must redraw the ward
boundaries, if necessary, no later than new text end 60 days after the
legislature has been redistricted or at least 19 weeks before
the state primary election in the year ending in two, whichever
is first.

Sec. 7.

Minnesota Statutes 2004, section 204B.14,
subdivision 1a, is amended to read:

Subd. 1a.

Legislative policy.

It is the intention of the
legislature to complete congressional and legislative
redistricting activities deleted text begin in time to permit counties and
municipalities to begin the process of reestablishing precinct
boundaries as soon as possible after the adoption of the
congressional and legislative redistricting plans but in deleted text end no deleted text begin case
deleted text end later than deleted text begin 25 weeks before the state primary election deleted text end new text begin January 31
new text end in the year ending in two.

Sec. 8.

Minnesota Statutes 2004, section 204B.14,
subdivision 3, is amended to read:

Subd. 3.

Boundary changes; prohibitions; exception.

Notwithstanding other law or charter provisions to the contrary,
during the period from January 1 in any year ending in zero to
deleted text begin the time when the legislature has been redistricted deleted text end new text begin April 1 new text end in deleted text begin a
deleted text end new text begin the next new text end year ending in one deleted text begin or two deleted text end , no changes may be made in
the boundaries of any election precinct except as provided in
this subdivision.

(a) If a city annexes an unincorporated area located in the
same county as the city and adjacent to the corporate boundary,
the annexed area may be included in an election precinct
immediately adjacent to it.

(b) A municipality or county may establish new election
precincts lying entirely within the boundaries of any existing
precinct and shall assign names to the new precincts which
include the name of the former precinct.

(c) Precinct boundaries must be reestablished within 60
days deleted text begin of the time when deleted text end new text begin after new text end the legislature has been
redistricted, or at least 19 weeks before the state primary
election in a year ending in two, whichever comes first. The
adoption of reestablished precinct boundaries becomes effective
on the date of the state primary election in the year ending in
two.

Precincts must be arranged so that no precinct lies in more
than one legislative or congressional district.

Sec. 9.

Minnesota Statutes 2004, section 204B.21,
subdivision 2, is amended to read:

Subd. 2.

Appointing authority; powers and duties.

Election judges for precincts in a municipality shall be
appointed by the governing body of the municipality. Election
judges for precincts in unorganized territory and for performing
election-related duties assigned by the county auditor shall be
appointed by the county board. Election judges for a precinct
composed of two or more municipalities must be appointed by the
governing body of the municipality or municipalities responsible
for appointing election judges as provided in the agreement to
combine for election purposes. Appointments shall be made from
lists furnished pursuant to subdivision 1 subject to the
eligibility requirements and other qualifications established or
authorized under section 204B.19. If no lists have been
furnished or if additional election judges are required after
all listed names have been exhausted, the appointing authority
may appoint any other individual new text begin , whether or not affiliated with
a major political party, new text end to serve as an election judge subject
to the same requirements and qualifications. The appointments
shall be made at least 25 days before the election at which the
election judges will serve.

Sec. 10.

Minnesota Statutes 2004, section 204C.08,
subdivision 1a, is amended to read:

Subd. 1a.

Voter's bill of rights.

The county auditor
shall prepare and provide to each polling place sufficient
copies of a poster setting forth the Voter's Bill of Rights as
set forth in this section. Before the hours of voting are
scheduled to begin, the election judges shall post it in a
conspicuous location or locations in the polling place. The
Voter's Bill of Rights is as follows:

"VOTER'S BILL OF RIGHTS

For all persons residing in this state who meet federal
voting eligibility requirements:

(1) You have the right to be absent from work for the
purpose of voting during the morning of election day.

(2) If you are in line at your polling place any time
between 7:00 a.m. and 8:00 p.m., you have the right to vote.

(3) If you can provide the required proof of residence, you
have the right to register to vote and to vote on election day.

(4) If you are unable to sign your name, you have the right
to orally confirm your identity with an election judge and to
direct another person to sign your name for you.

(5) You have the right to request special assistance when
voting.

(6) new text begin If you are unable to enter the polling place, you have
the right to request assistance and to vote at the polling place
without leaving your vehicle.
new text end

new text begin (7) new text end If you need assistance, you may be accompanied into the
voting booth by a person of your choice, except by an agent of
your employer or union or a candidate.

deleted text begin (7) deleted text end new text begin (8) new text end You have the right to bring your minor children
into the polling place and into the voting booth with you.

deleted text begin (8) deleted text end new text begin (9) new text end If you have been convicted of a felony but your
civil rights have been restored, you have the right to vote.

deleted text begin (9) deleted text end new text begin (10) If you are under a guardianship, you have the
right to vote, unless the court order revokes your right to vote.
new text end

new text begin (11) new text end You have the right to vote without anyone in the
polling place trying to influence your vote.

deleted text begin (10) deleted text end new text begin (12) new text end If you make a mistake or spoil your ballot before
it is submitted, you have the right to receive a replacement
ballot and vote.

deleted text begin (11) deleted text end new text begin (13) new text end You have the right to file a written complaint at
your polling place if you are dissatisfied with the way an
election is being run.

deleted text begin (12) deleted text end new text begin (14) new text end You have the right to take a sample ballot into
the voting booth with you.

deleted text begin (13) deleted text end new text begin (15) new text end You have the right to take a copy of this Voter's
Bill of Rights into the voting booth with you."

Sec. 11.

Minnesota Statutes 2004, 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 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 deleted text begin individual has not retained deleted text end new text begin court
order revokes new text end the new text begin individual's new text end right to vote, has not been found
by a court of law to be legally incompetent to vote or convicted
of a felony without having civil rights restored, 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,
confirm the applicant's name, address, and date of birth.

(c) After the applicant signs the roster, 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. 12.

Minnesota Statutes 2004, section 204D.10,
subdivision 1, is amended to read:

Subdivision 1.

Partisan offices; nominees.

The candidate
for nomination of a major political party for a partisan office
on the state partisan primary ballot who receives the highest
number of votes shall be the nominee of that political party for
that office deleted text begin , except as otherwise provided in subdivision 2 deleted text end .

Sec. 13.

Minnesota Statutes 2004, section 205.84,
subdivision 2, is amended to read:

Subd. 2.

Effective date.

After the official
certification of the federal decennial or special census, the
governing body of the city shall either confirm the existing
ward boundaries as conforming to the standards of subdivision 1
or redefine ward boundaries to conform to those standards as
provided in section 204B.135, subdivision 1. If the governing
body of the city fails to take either action within the time
required, no further compensation shall be paid to the mayor or
council member until the wards of the city are either
reconfirmed or redefined as required by this section. An
ordinance establishing new ward boundaries pursuant to section
204B.135, subdivision 1, becomes effective deleted text begin on the date of the
state primary election in the year ending in two deleted text end new text begin for the first
municipal general election after it has been adopted, but no
later than the year ending in three, and all members of the
council must be elected at that election. In a city where
council members are elected by ward to serve for staggered terms
of four years, the council shall provide by ordinance for the
manner in which some members will be elected initially to terms
of four years and some to terms of two years new text end .

Sec. 14.

Minnesota Statutes 2004, section 211A.02,
subdivision 1, is amended to read:

Subdivision 1.

When and where filed by committees.

(a) A
committee or a candidate who receives contributions or makes
disbursements of more than deleted text begin $750 deleted text end new text begin $100 new text end in a calendar year shall
submit an initial report to the filing officer within 14 days
after the candidate or committee receives or makes disbursements
of more than deleted text begin $750 deleted text end new text begin $100 new text end and shall continue to make the reports
listed in paragraph (b) until a final report is filed.

(b) The committee or candidate must file a report by
January 31 of each year following the year when the initial
report was filed and in a year when the candidate's name or a
ballot question appears on the ballot, the candidate or
committee shall file a report:

(1) ten days before the primary or special primary;

(2) ten days before the general election or special
election; and

(3) 30 days after a general or special election.

Sec. 15.

Minnesota Statutes 2004, section 211A.02,
subdivision 2, is amended to read:

Subd. 2.

Information required.

The report to be filed by
a candidate or committee must include:

(1) the name of the candidate or ballot question;

(2) the name and address of the person responsible for
filing the report;

(3) the total amount of receipts and expenditures for the
period from the last previous report to five days before the
current report is due;

(4) the new text begin amount, date, and new text end purpose for each expenditure; and

(5) the name new text begin , address, and employer, or occupation if
self-employed, new text end of any individual or committee that during the
year has made one or more contributions that in the aggregate
are equal to or greater than deleted text begin $500 deleted text end new text begin $100, and the amount and date
of each contribution new text end .

Sec. 16.

Minnesota Statutes 2004, section 375.025,
subdivision 4, is amended to read:

Subd. 4.

Redistricting plan; election following
redistricting.

A redistricting plan whether prepared by the
county board or the redistricting commission shall be filed in
the office of the county auditor. A redistricting plan shall be
effective on the 31st day after filing unless a later effective
date is specified but no plan shall be effective for the next
election of county commissioners unless the plan is filed with
the county auditor not less than 30 days before the first date
candidates may file for the office of county commissioner. One
commissioner shall be elected in each district who, at the time
of the election, is a resident of the district. A person
elected may hold the office only while remaining a resident of
the commissioner district or, after June 15 during a year ending
in "2", while remaining a resident of the county. The county
board or the redistricting commission shall determine the number
of members of the county board who shall be elected for two-year
terms and for four-year terms to provide staggered terms on the
county board. Thereafter, all commissioners shall be elected
for four years. When a county is redistricted, there shall be a
new election of commissioners in all the districts at the next
general election deleted text begin except that if the change made in the
boundaries of a district is less than five percent of the
average of all districts of the county, the commissioner in
office at the time of the redistricting shall serve for the full
period for which elected deleted text end .

Sec. 17.

Minnesota Statutes 2004, section 524.5-310, is
amended to read:

524.5-310 FINDINGS; ORDER OF APPOINTMENT.

(a) The court may appoint a limited or unlimited guardian
for a respondent only if it finds by clear and convincing
evidence that:

(1) the respondent is an incapacitated person; and

(2) the respondent's identified needs cannot be met by less
restrictive means, including use of appropriate technological
assistance.

(b) Alternatively, the court, with appropriate findings,
may treat the petition as one for a protective order under
section 524.5-401, enter any other appropriate order, or dismiss
the proceeding.

(c) The court shall grant to a guardian only those powers
necessitated by the ward's limitations and demonstrated needs
and, whenever feasible, make appointive and other orders that
will encourage the development of the ward's maximum
self-reliance and independence. Any power not specifically
granted to the guardian, following a written finding by the
court of a demonstrated need for that power, is retained by the
ward.

(d) Within 14 days after an appointment, a guardian shall
send or deliver to the ward, and counsel if represented at the
hearing, a copy of the order of appointment accompanied by a
notice which advises the ward of the right to appeal the
guardianship appointment in the time and manner provided by the
Rules of Appellate Procedure.

(e) Each year, within 30 days after the anniversary date of
an appointment, a guardian shall send or deliver to the ward a
notice of the right to request termination or modification of
the guardianship new text begin and notice of the status of the ward's right to
vote new text end .

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 204D.10, subdivision 2, is
repealed.
new text end

Sec. 19. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 6 to 8, 13, and 14 to 16 are effective January 1,
2006.
new text end