HF 3766

as introduced - 91st Legislature (2019 - 2020) Posted on 02/24/2020 02:39pm

A bill for an act
relating to elections; modifying standards related to presidential nomination primary
voter data; amending Minnesota Statutes 2019 Supplement, section 201.091,
subdivision 4a.

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

Section 1.

Minnesota Statutes 2019 Supplement, section 201.091, subdivision 4a, is
amended to read:

Subd. 4a.

Presidential primary political party list.

new text begin (a) new text end The secretary of state must
maintain a list of the voters who voted in a presidential nomination primary and the political
party each voter selected new text begin , sorted by party new text end . Information maintained on the list is private data
on individuals as defined under section 13.02, subdivision 12, except that the secretary of
state must provide the new text begin portion of the new text end list new text begin that identifies the voters who cast ballots for a party new text end
to the new text begin corresponding new text end chair of deleted text begin each major political deleted text end new text begin that new text end party. new text begin To receive a list under this
paragraph, a party chair must submit a written request to the secretary of state that includes
an acknowledgment of the requirements, remedies, and penalties provided in this subdivision.
The secretary must charge a party chair costs and fees at the same rate as required for copies
of other voter lists provided under this section. When providing a list to a party chair, the
secretary must request that the party chair provide a confirmation of receipt.
new text end

new text begin (b) Except as provided by this subdivision, data contained on a list prepared under
paragraph (a) may not be retained, used, shared, or disseminated by the secretary for any
purpose. The secretary and county auditor must destroy all data used to create a list within
ten days after the party chair provides a confirmation of receipt.
new text end

new text begin (c) A political party chair who receives a list under this subdivision may share the list
with organizational units within the party. Prior to sharing a list, the party chair must require
a party unit chair to submit a written acknowledgment of the requirements, remedies, and
penalties provided in this subdivision. The political party must maintain a log that identifies
each party unit provided a copy of the list, along with a copy of the party unit's written
acknowledgment, for a period of five years after the list is shared. The data sharing log and
written acknowledgments must be available for public inspection.
new text end

new text begin (d) The list may only be used by a party chair or party unit for elections and political
activities. The list may not otherwise be sold, distributed, or used for any purpose, including
for any commercial purpose.
new text end

new text begin (e) Upon receipt of a statement signed by a voter that the voter wishes to be removed
from any list provided under paragraph (a), the secretary of state and county auditor must
remove all data on that voter from the list. The secretary of state must provide a form that
may be used by voters for this purpose on the secretary's website. Statements received by
the secretary of state or county auditor under this paragraph are private data on individuals,
as defined in section 13.02, subdivision 12.
new text end

new text begin (f) A violation of this subdivision is subject to the remedies and penalties provided in
sections 13.08 and 13.09.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2020.
new text end