HF 3110

as introduced - 86th Legislature (2009 - 2010) Posted on 02/22/2010 11:35am

A bill for an act
relating to elections; changing authorized proofs of residence; eliminating
provision permitting vouching for certain voters on election day; providing
for provisional ballots; amending Minnesota Statutes 2008, section 201.061,
subdivisions 3, 5; proposing coding for new law in Minnesota Statutes, chapter
201.

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

Section 1.

Minnesota Statutes 2008, section 201.061, subdivision 3, is amended to read:

Subd. 3.

Election day registration.

(a) 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; new text begin or
new text end

(3) deleted text begin presenting one of the following:
deleted text end

deleted text begin (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
deleted text end

deleted text begin (ii) a current student fee statement that contains the student's valid address in the
precinct together with a picture identification card; or
deleted text end

deleted text begin (4) deleted text end having a voter deleted text begin who is registered to vote in the precinct, or deleted text end who is 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 deleted text begin voter or deleted text end employee personally knows that the individual is a resident of the precinct.
deleted text begin 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 15 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 voter is registered to vote in the precinct, personally knows that the
individual is a resident of the precinct, and 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

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

(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.

(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.

(d) 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 election day registration initial each completed registration application.

Sec. 2.

Minnesota Statutes 2008, section 201.061, subdivision 5, is amended to read:

Subd. 5.

Unregistered voters; penalty.

new text begin Except for provisional ballots authorized
by section 201.062, new text end no election judge in any precinct in which registration is required may
receive the vote at any election of any individual whose name is not registered in a manner
specified in section 201.054, subdivision 1 or not recorded under section 203B.19. A
violation of this subdivision is a felony.

Sec. 3.

new text begin [201.062] UNREGISTERED VOTERS; PROVISIONAL BALLOTS.
new text end

new text begin (a) A person who claims to be a resident of a precinct but whose name does not
appear on the list of registered voters and who does not have any of the proofs of residence
authorized in section 201.061, subdivision 3, must be offered the opportunity to vote using
a provisional ballot. Provisional ballots must be accumulated in a separate container at
each precinct. A provisional ballot must not be counted in any election unless, within ten
days following the election, the person who cast the ballot provides to the county auditor
responsible for that precinct proof that the person is a resident of the precinct using a form
of proof authorized under section 201.061, subdivision 3.
new text end

new text begin (b) The secretary of state shall adopt rules governing the administration of this
section, including procedures to be followed by election officials in:
new text end

new text begin (1) informing persons at precincts on election day about the availability of
provisional ballots and how to provide verification to the county auditor so that the ballot
will be counted;
new text end

new text begin (2) verifying that a person who cast a provisional ballot was at the time of the
election a resident of the precinct in which the ballot was cast; and
new text end

new text begin (3) counting and preserving verified provisional ballots.
new text end