Minnesota Legislature
HF 3455
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/25/2008 |
Current Version - as introduced
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A bill for an act
relating to the military; changing certain election provisions; amending
Minnesota Statutes 2006, sections 203B.17; 203B.21, subdivisions 1, 2;
203B.22; 203B.24, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 203B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 203B.17, is amended to read:
203B.17 APPLICATION FOR BALLOT.
Subdivision 1.
Submission of application.
(a) An application for absentee ballots
for a voter described in section 203B.16 may be submitted in writing or by electronic
facsimile device, or by electronic mail upon determination by the secretary of state that
security concerns have been adequately addressed. An application for absentee ballots
for a voter described in section 203B.16 may be submitted by that voter or by that voter's
parent, spouse, sister, brother, or child over the age of 18 years. deleted text begin For purposes of an
application under this subdivision, a person's Social Security number, no matter how it
is designated, qualifies as the person's military identification number if the person is
in the military.deleted text end
(b) An application for a voter described in section 203B.16, subdivision 1, shall be
submitted to the county auditor of the county where the voter maintains residence.
(c) An application for a voter described in section 203B.16, subdivision 2, shall be
submitted to the county auditor of the county where the voter last maintained residence
in Minnesota.
(d) An application for absentee ballots shall be valid for any primary, special
primary, general election, or special election from the time the application is received
through the next two regularly scheduled general elections for federal office held after the
date on which the application is received.
(e) There shall be no limitation of time for filing and receiving applications for
ballots under sections 203B.16 to 203B.27.
Subd. 2.
Required information.
An application shall be accepted if it contains the
following information stated under oath:
(a) the voter's name, birthdate, and present address of residence in Minnesota, or
former address of residence in Minnesota if the voter is living permanently outside the
United States;
(b) a statement indicating that the voter is in the military, or is the spouse or
dependent of an individual serving in the military, or is temporarily outside the territorial
limits of the United States, or is living permanently outside the territorial limits of the
United States and voting under federal law;
(c) a statement that the voter expects to be absent from the precinct at the time
of the election;
(d) the address to which absentee ballots are to be mailed;
(e) the voter's signature or the signature and relationship of the individual authorized
to apply on the voter's behalf; and
(f) the voter's deleted text begin military identification card number,deleted text end passport numberdeleted text begin ,deleted text end or, if the voter
does not have a valid passport or identification card, the signed statement of an individual
authorized to administer oaths or a commissioned or noncommissioned officer of the
military not below the rank of sergeant or its equivalent, certifying that the voter or other
individual requesting absentee ballots has attested to the truthfulness of the contents of
the application under oath.
The oath taken must be the standard oath prescribed by section 101(b)(7) of the
Uniformed and Overseas Citizens Absentee Voting Act.
A form for providing this information shall be prepared by each county auditor and
shall be furnished to individuals who request it pursuant to this section.
Sec. 2.
Minnesota Statutes 2006, section 203B.21, subdivision 1, is amended to read:
Subdivision 1.
Form.
Absentee ballots under sections 203B.16 to 203B.27 shall
conform to the requirements of the Minnesota Election Law, except that modifications
in the size or form of ballots or envelopes may be made if necessary to satisfy the
requirements of the United States postal service. The return envelope must be designed in
one of the following ways:
(1) it must be of sufficient size to contain an additional envelope that when sealed,
conceals the signature, identification, and other information; or
(2) it must provide an additional flap that when sealed, conceals the signature,
identification, and other information.
The flap or the additional envelope must be perforated to permit election officials to
inspect the returned certificate for completeness or to ascertain other information at any
time after receiving the returned ballot without opening the return envelope.new text begin Absentee
ballots sent electronically to persons in the military are not required to include envelopes.
new text end
Sec. 3.
Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read:
Subd. 2.
Mailing of ballots; return.
new text begin Except for ballots and instructions delivered
electronically in accordance with section 203B.225, new text end ballots and instructions for marking
them, ballot envelopes, and return envelopes shall be sent by first class mail to addresses
within the continental United States and by air mail to addresses outside the continental
United States. The ballot envelope and return envelope shall be marked "Official Ballot,"
and shall contain sufficient postage to assure proper return delivery. The return envelope
shall be addressed to comply with any method for return of absentee ballots as authorized
under section 203B.08, subdivision 2.
Sec. 4.
Minnesota Statutes 2006, section 203B.22, is amended to read:
203B.22 deleted text begin MAILINGdeleted text end new text begin DELIVERY OF ABSENTEEnew text end BALLOTS.
The county auditor shall deleted text begin maildeleted text end new text begin delivernew text end the appropriate new text begin absentee new text end ballots, as promptly as
possible, to an absent voter whose application has been recorded under section 203B.19.
If the county auditor determines that a voter is not eligible to vote at the primary but will
be eligible to vote at the general election, only general election ballots shall be mailed.
Only one set of ballots shall be deleted text begin maileddeleted text end new text begin deliverednew text end to any applicant for any election. Ballots
to be sent outside the United States shall be given priority in deleted text begin mailingdeleted text end new text begin delivery. Except
for absentee ballots sent to military personnel electronically in accordance with section
203B.225, delivery must be made by mailnew text end . A county auditor may make use of any special
service provided by the United States government for the mailing of voting materials
under sections 203B.16 to 203B.27.
Sec. 5.
new text begin
[203B.225] TRANSMITTING AND RETURNING ELECTRONIC
BALLOTS.
new text end
new text begin Subdivision 1. new text end
new text begin Transmitting ballot and voter certification. new text end
new text begin
Upon receipt of an
application from a person in the military under section 203B.17 for electronic transmission
of ballots, instructions, an affidavit form, and certification of voter eligibility provided
in section 203B.21, subdivision 3, the county auditor shall electronically transmit the
requested documents to the voter.
new text end
new text begin Subd. 2. new text end
new text begin Returning voted ballots. new text end
new text begin
The voter must return the voted ballots and the
certificate of voter eligibility to the county auditor in a sealed envelope. The auditor
shall provide instructions for the completion of an envelope for returning the completed
ballot but shall not require the use of the envelope provided to other absentee voters.
Upon receipt of a ballot, the county auditor shall compare the information provided on
the absentee ballot application with the information provided on the certificate of voter
eligibility. After the information on the certificate of voter eligibility has been verified,
the vote marked on the ballot must be transferred to a duplicate ballot in the manner
provided for in section 206.86, subdivision 5, and sealed in a ballot secrecy envelope. The
certificate of voter eligibility must be attached to the ballot secrecy envelope and placed
with the other absentee ballots for the precinct in which the voter resides.
new text end
new text begin Subd. 3. new text end
new text begin Rejecting transmitted ballots. new text end
new text begin
If the county auditor cannot verify that the
ballots were returned by the same person to whom the absentee ballot application was
submitted, the ballots must be rejected and no votes on the ballot may be counted.
new text end
Sec. 6.
Minnesota Statutes 2006, section 203B.24, subdivision 1, is amended to read:
Subdivision 1.
Check of voter eligibility; proper execution of affidavit.
Upon
receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the
election judges shall compare the voter's name with the names appearing on their copy of
the application records to insure that the ballot is from a voter eligible to cast an absentee
ballot under sections 203B.16 to 203B.27. The election judges shall mark the return
envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if
the election judges are satisfied that:
(1) the voter's name on the return envelope appears in substantially the same form as
on the application records provided to the election judges by the county auditor;
(2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
the Help America Vote Act, Public Law 107-252;
(3) the voter has set forth the voter's deleted text begin military identification number ordeleted text end passport
number or, if deleted text begin those numbers do not appeardeleted text end new text begin no passport number is listednew text end , a person
authorized to administer oaths under federal law or the law of the place where the oath
was administered or a witness who is military personnel with a rank at or above the rank
of sergeant or its equivalent has signed the ballot; and
(4) the voter has not already voted at that election, either in person or by absentee
ballot.
An absentee ballot case pursuant to sections 203B.16 to 203B.27 may only be
rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot
within the security envelope before placing it in the outer white envelope is not a reason to
reject an absentee ballot.
Election judges must note the reason for rejection on the back of the envelope in the
space provided for that purpose.
Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
shall not be counted if the affidavit on the return envelope is not properly executed. In
all other respects the provisions of the Minnesota Election Law governing deposit and
counting of ballots shall apply.