HF 479

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; modifying requirements for 
  1.3             evidence of identity and residence for purposes of 
  1.4             election day voter registration; requesting the 
  1.5             legislative auditor to study aspects of election 
  1.6             administration practice; authorizing experimental use 
  1.7             of a touch-sensitive direct recording electronic 
  1.8             system; changing certain enforcement provisions; 
  1.9             creating a revolving loan fund for purchase of 
  1.10            election equipment by local units of government; 
  1.11            appropriating money; amending Minnesota Statutes 2000, 
  1.12            sections 201.061, subdivision 3; 206.81; 211B.16, 
  1.13            subdivision 1; proposing coding for new law in 
  1.14            Minnesota Statutes, chapter 204B. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA 
  1.16     Section 1.  Minnesota Statutes 2000, section 201.061, 
  1.17  subdivision 3, is amended to read: 
  1.18     Subd. 3.  [ELECTION DAY REGISTRATION.] (a) An individual 
  1.19  who is eligible to vote may register on election day by 
  1.20  appearing in person at the polling place for the precinct in 
  1.21  which the individual maintains residence, by completing a 
  1.22  registration card, making an oath in the form prescribed by the 
  1.23  secretary of state and providing proof of identification and 
  1.24  residence.  
  1.25     (b) An individual may prove residence identity for purposes 
  1.26  of registering by showing one of the following: 
  1.27     (1) showing a driver's license or Minnesota identification 
  1.28  card issued pursuant to section 171.07; 
  1.29     (2) showing any document approved by the secretary of state 
  1.30  as proper a United States passport or military identification; 
  2.1      (3) showing one of the following: 
  2.2      (i) a current valid student identification card from a 
  2.3   post-secondary educational institution in Minnesota, if a list 
  2.4   of students from that institution has been prepared under 
  2.5   section 135A.17 and certified to the county auditor in the 
  2.6   manner provided in rules of the secretary of state; 
  2.7      (4) a current valid employee photo identification card 
  2.8   issued by the state or by a political subdivision; or 
  2.9      (ii) (5) a current valid photo identification card issued 
  2.10  by the health department to recipients of medical assistance. 
  2.11     (c) In addition, an individual may prove residence for 
  2.12  purposes of registration if the document shown in compliance 
  2.13  with paragraph (b) does not contain the individual's current 
  2.14  residence address by providing one of the following: 
  2.15     (1) an electric, water, natural gas, garbage, sewer, 
  2.16  telephone, or cable television bill that is due within 30 days 
  2.17  after election day; 
  2.18     (2) a Minnesota driver's license, learner's permit, or 
  2.19  identification card, or a receipt for one of these; 
  2.20     (3) notice of late voter registration; 
  2.21     (4) a student dormitory list prepared under section 135A.17 
  2.22  and certified to the county auditor in the manner provided in 
  2.23  rules of the secretary of state; 
  2.24     (5) a current student fee statement that contains the 
  2.25  student's valid address in the precinct together with a picture 
  2.26  identification card; or 
  2.27     (4) (6) having a voter who is registered to vote in the 
  2.28  precinct sign an oath in the presence of the election judge 
  2.29  vouching that the voter personally knows that the individual is 
  2.30  a resident of the precinct.  A voter who has been vouched for on 
  2.31  election day may not sign a proof of residence oath vouching for 
  2.32  any other individual on that election day. 
  2.33     (d) A county, school district, or municipality may must 
  2.34  require that an election judge responsible for election day 
  2.35  registration initial each completed registration card.  
  2.36     Sec. 2.  [204B.48] [REVOLVING LOAN FUND FOR VOTING 
  3.1   EQUIPMENT PURCHASES.] 
  3.2      A ballot tabulation equipment loan fund is created to make 
  3.3   loans to political subdivisions for the purchase of ballot 
  3.4   tabulation equipment, including equipment that makes it possible 
  3.5   for individuals with disabilities to cast a secret ballot.  The 
  3.6   secretary of state must set a maximum amount and repayment 
  3.7   period for loans from the fund, in consultation with the 
  3.8   commissioner of finance. 
  3.9      A loan may not be made until the secretary of state 
  3.10  certifies to the commissioner of finance that: 
  3.11     (1) the proposed use of the loan is related only to 
  3.12  purchase of ballot tabulation equipment; and 
  3.13     (2) the unit of local government has insufficient resources 
  3.14  available to purchase the equipment. 
  3.15     Interest is payable on the loan at the rate earned by the 
  3.16  state on invested treasurer's cash, as determined monthly by the 
  3.17  commissioner of finance.  Repayments must be deposited in the 
  3.18  fund created under this section.  Investment gains or losses on 
  3.19  money in the fund must be credited to the account.  All money in 
  3.20  the account is appropriated to the secretary of state to make 
  3.21  loans under this section.  
  3.22     The appropriation under this section cancels June 30, 
  3.23  2008.  All canceled money must be deposited in the general fund. 
  3.24     Sec. 3.  Minnesota Statutes 2000, section 206.81, is 
  3.25  amended to read: 
  3.26     206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 
  3.27     (a) The secretary of state may license an electronic voting 
  3.28  system for experimental use at an election prior to its approval 
  3.29  for general use. 
  3.30     (b) The secretary of state may license a touch-sensitive 
  3.31  direct recording electronic voting system for experimental use 
  3.32  at an election before its approval for general use, and may 
  3.33  impose restrictions on its use.  A voting system used under this 
  3.34  paragraph must permit a blind or visually impaired voter to cast 
  3.35  a ballot independently and privately. 
  3.36     (c) Experimental use must be observed by the secretary of 
  4.1   state or the secretary's designee and the results observed must 
  4.2   be considered at any subsequent proceedings for approval for 
  4.3   general use. 
  4.4      (d) The secretary of state may adopt rules consistent with 
  4.5   sections 206.55 to 206.90 relating to experimental use.  The 
  4.6   extent of experimental use must be determined by the secretary 
  4.7   of state. 
  4.8      Sec. 4.  Minnesota Statutes 2000, section 211B.16, 
  4.9   subdivision 1, is amended to read: 
  4.10     Subdivision 1.  [COUNTY ATTORNEY INQUIRY.] A county 
  4.11  attorney who is notified of an alleged violation of this chapter 
  4.12  shall promptly investigate and within 14 days shall determine 
  4.13  whether there is probable cause to institute a prosecution.  If 
  4.14  the county attorney is unable to make this determination within 
  4.15  14 days, the county attorney shall notify the individual who 
  4.16  reported the alleged violation when a probable cause 
  4.17  determination will be made.  If there is probable cause for 
  4.18  instituting a prosecution, the county attorney shall proceed by 
  4.19  complaint or present the charge, with whatever evidence has been 
  4.20  found, to the grand jury.  A county attorney who refuses or 
  4.21  intentionally fails to faithfully perform this or any other duty 
  4.22  imposed by this chapter is guilty of a misdemeanor and upon 
  4.23  conviction forfeits the office.  The county attorney, under the 
  4.24  penalty of forfeiture of office, shall prosecute all violations 
  4.25  of this chapter except violations of this section.  If, however, 
  4.26  a complainant withdraws an allegation under this chapter, the 
  4.27  county attorney is not required to proceed with prosecution. 
  4.28     Sec. 5.  [LEGISLATIVE AUDITOR STUDY.] 
  4.29     The legislative auditor is requested to audit the records 
  4.30  of the 2000 general election in order to address and report on 
  4.31  the following issues to the legislature not later than January 
  4.32  15, 2002: 
  4.33     (1) whether the secretary of state and county auditors have 
  4.34  adequate resources to detect and prevent: 
  4.35     (i) double voting and other forms of vote fraud; 
  4.36     (ii) voting by felons on probation; and 
  5.1      (iii) voting by noncitizens; 
  5.2      (2) why a large number of follow-up voter cards sent by 
  5.3   county auditors pursuant to section 201.121 to confirm the 
  5.4   addresses given by election day registrants were returned, and 
  5.5   whether changes in the law are needed; 
  5.6      (3) what populations are served by the practice of vouching 
  5.7   for a voter's address as an option for election day registration 
  5.8   under section 201.061, and whether there are realistic and 
  5.9   effective alternatives to this practice; and 
  5.10     (4) how well the system of certifying dormitory residence 
  5.11  lists under section 135A.17 is functioning and whether changes 
  5.12  in law are needed. 
  5.13     Sec. 6.  [APPROPRIATION.] 
  5.14     $....... is appropriated from the general fund in fiscal 
  5.15  year 2002 to the secretary of state to capitalize the fund 
  5.16  established under section 2.