HF 2423

as introduced - 91st Legislature (2019 - 2020) Posted on 03/13/2019 11:22am

A bill for an act
proposing a constitutional amendment to article VII, section 1; allowing political
subdivisions to lower the voting age to 16 for local elections; making conforming
changes; amending Minnesota Statutes 2018, sections 201.014, subdivision 1;
201.071, subdivision 1; 203B.21, subdivision 3; 204C.10; proposing coding for
new law in Minnesota Statutes, chapter 201.

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

ARTICLE 1

CONSTITUTIONAL AMENDMENT

Section 1. new text begin CONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the amendment
is adopted, article VII, section 1, will read:
new text end

Section 1.

Every person 18 years of age or more who has been a citizen of the United
States for three months and who has resided in the precinct for 30 days next preceding an
election shall be entitled to vote in that precinct. new text begin A county, municipality, or school district
may lower the voting age to 16 years of age for local elections but must not amend any
other voter eligibility requirements. new text end The place of voting by one otherwise qualified who
has changed his residence within 30 days preceding the election shall be prescribed by law.
The following persons shall not be entitled or permitted to vote at any election in this state:
A person not meeting the above requirements; a person who has been convicted of treason
or felony, unless restored to civil rights; a person under guardianship, or a person who is
insane or not mentally competent.

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2020 general election.
The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to allow political subdivisions to lower
the voting age to 16 years of age for local elections?
new text end

	new text begin Yes . new text end
	new text begin No . new text end	new text begin " new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2018, section 201.014, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

Except as provided in subdivision 2, an individual who
meets the following requirements at the time of an election is eligible to vote. The individual
must:

(1) be 18 years of age or older new text begin or be 16 years of age or older to vote in a local election
as provided in section 201.017 new text end ;

(2) be a citizen of the United States; and

(3) maintain residence in Minnesota for 20 days immediately preceding the election.

Sec. 2.

new text begin [201.017] VOTING AGE FOR COUNTY, SCHOOL, OR MUNICIPAL
ELECTIONS.
new text end

new text begin The governing body of a county, municipality, or school district may adopt a resolution
that allows a person 16 years or older to vote in elections held by the jurisdiction that adopted
the resolution. The voter must satisfy all other voter eligibility requirements. A person under
the age of 18 may only vote for offices and ballot questions for the jurisdiction that has
adopted the lower voting age. A person under the age of 18 must not be allowed to vote for
any state or federal office or state ballot question. The ballot provided to an individual
authorized to vote under this section must be prepared so that the individual may vote only
for local offices or questions where the voter is authorized to vote.
new text end

Sec. 3.

Minnesota Statutes 2018, section 201.071, subdivision 1, is amended to read:

Subdivision 1.

Form.

Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must 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 paper
registration application may include the voter's e-mail address, if provided by the voter. The
electronic voter registration application must include the voter's e-mail address. The
registration application may include 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 new text begin or be 16 years of age or older on election
day to vote in a local election as provided in section 201.017 new text end ;

(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 in which the court order revokes my right
to vote;

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

(7) have the right to vote because, if I have been convicted of a felony, my felony sentence
has expired (been completed) or I have been discharged from my sentence; 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 new text begin or will you be 16 years old on
or before election day to vote in a local election as provided in section 201.017 new text end ?"

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 must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

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 2018, section 203B.21, subdivision 3, is amended to read:

Subd. 3.

Back of return envelope.

On the back of the return envelope a certificate shall
appear with space for:

(1) the voter's address of present or former residence in Minnesota;

(2) the voter's current e-mail address, if the voter has one;

(3) a statement indicating the category described in section 203B.16 to which the voter
belongs;

(4) a statement that the voter has not cast and will not cast another absentee ballot in the
same election or elections;

(5) a statement that the voter personally marked the ballots without showing them to
anyone, or if physically unable to mark them, that the voter directed another individual to
mark them; and

(6) the same voter's passport number, Minnesota driver's license or state identification
card number, or the last four digits of the voter's Social Security number as provided on the
absentee ballot application; if the voter does not have access to any of these documents, the
voter may attest to the truthfulness of the contents of the certificate under penalty of perjury.

The certificate shall also contain a signed oath in the form required by section 705 of
the Help America Vote Act, Public Law 107-252, which must read:

"I swear or affirm, under penalty of perjury, that:

I am a member of the uniformed services or merchant marine on active duty or an eligible
spouse or dependent of such a member; a United States citizen temporarily residing outside
the United States; or other United States citizen residing outside the United States; and I
am a United States citizen, at least 18 years of age (or will be by the date of the election) new text begin
or I am at least 16 years of age to vote in a local election as provided in section 201.017 new text end ,
and I am eligible to vote in the requested jurisdiction; I have not been convicted of a felony,
or other disqualifying offense, or been adjudicated mentally incompetent, or, if so, my voting
rights have been reinstated; and I am not registering, requesting a ballot, or voting in any
other jurisdiction in the United States except the jurisdiction cited in this voting form. In
voting, I have marked and sealed my ballot in private and have not allowed any person to
observe the marking of the ballot, except for those authorized to assist voters under state or
federal law. I have not been influenced.

The information on this form is true, accurate, and complete to the best of my knowledge.
I understand that a material misstatement of fact in completion of this document may
constitute grounds for a conviction for perjury."

Sec. 5.

Minnesota Statutes 2018, section 204C.10, is amended to read:

204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE;
VOTER RECEIPT.

(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 new text begin or at least 16 years of
age to vote in a local election as provided in section 201.017 new text end , 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) At the presidential nomination primary, the polling place roster must also state: "I
am in general agreement with the principles of the party for whose candidate I intend to
vote, and I understand that my choice of a party's ballot will be public information." This
statement must appear separately from the statements required in paragraph (a). The felony
penalty provided for in paragraph (a) does not apply to this paragraph.

(c) A judge may, before the applicant signs the roster or voter signature certificate,
confirm the applicant's name, address, and date of birth.

(d) 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 during the time for notice of
filing an election contest.

(e) Whenever a challenged status appears on the polling place roster, an election judge
must ensure that the challenge is concealed or hidden from the view of any voter other than
the voter whose status is challenged.

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective January 1, 2021, if the constitutional amendment in article 1 is
approved by the voters at the 2020 general election and applies to local elections held on
or after that date.
new text end