as introduced - 91st Legislature (2019 - 2020) Posted on 02/28/2019 11:52pm
A bill for an act
relating to elections; providing for automatic voter registration of applicants for a
driver's license, instruction permit, or state identification card; amending Minnesota
Statutes 2018, sections 13.607, by adding a subdivision; 201.161.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2018, section 13.607, is amended by adding a subdivision
to read:
new text begin
Data on an application for
a driver's license, a Minnesota identification card, or a learner's permit transferred to the
secretary of state that are provided by a person whom the secretary of state determines is
not eligible to vote are governed by section 201.161.
new text end
Minnesota Statutes 2018, section 201.161, is amended to read:
new text begin
An individual who properly completes an
application for a new or renewed Minnesota driver's license, instruction permit, or
identification card, and who is eligible to vote under section 201.014, must be registered to
vote as provided in this section, unless the applicant declines to be registered.
new text end
The deleted text begin Departmentdeleted text end new text begin commissionernew text end of public safetynew text begin , in consultation
with the secretary of state,new text end shall change deleted text begin itsdeleted text end new text begin thenew text end applications for an original, duplicate, or
change of address driver's licensenew text begin , instruction permit,new text end or identification card so that the forms
may also serve as voter registration applications. The forms must contain spaces for all
information collected by voter registration applications prescribed by the secretary of statedeleted text begin .
Applicants for driver's licenses or identification cards must be asked if they want to register
to vote at the same time and thatdeleted text end new text begin and a box for the applicant to decline to be registered to
vote. Unless the applicant has declined to be registered to vote or has provided an address
other than the applicant's address of residence under section 171.12, subdivision 7, paragraph
(d), the commissioner shall transmit thenew text end information deleted text begin must be transmitted at least weeklydeleted text end new text begin
dailynew text end by electronic means to the secretary of state. Pursuant to the Help America Vote Act
of 2002, Public Law 107-252, the computerized driver's license record containing the voter's
name, address, date of birth,new text begin citizenship,new text end driver's license number or state identification
number, county, deleted text begin town,deleted text end and citynew text begin or townnew text end must be made available for access by the secretary
of state and interaction with the statewide voter registration system.
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(a) The secretary of state shall determine whether the applicant
is currently registered in the statewide voter registration system. For each currently registered
voter whose registration is not changed, the secretary of state shall update the voter's
registration date in the statewide voter registration system. For each currently registered
voter whose registration is changed, the secretary of state shall transmit the registration
daily by electronic means to the county auditor of the county where the voter resides.
new text end
new text begin
(b) If the applicant is not currently registered in the statewide voter registration system,
the secretary of state shall determine whether the applicant is 18 years of age or older and
a citizen of the United States and compare the voter registration information received under
section 201.145 to determine whether the applicant is eligible to vote. If an applicant is less
than 18 years of age, the secretary of state shall wait until the applicant has turned 18 years
of age to determine whether the applicant is eligible to vote. For each applicant the secretary
of state determines is an eligible voter, the secretary of state shall transmit the registration
daily by electronic means to the county auditor of the county where the voter resides.
new text end
new text begin
(c) Any data on applicants who the secretary determines are not eligible to vote are
private data on individuals, as defined in section 13.02, subdivision 12.
new text end
new text begin
Upon receipt of the registration, the county auditor shall mail to the
voter the notice of registration required by section 201.121, subdivision 2.
new text end
new text begin
An application for registration that is
dated during the 20 days before an election in any jurisdiction within which the voter resides
is not effective until the day after the election.
new text end
new text begin
An applicant for a Minnesota driver's license, instruction
permit, or identification card must not be registered to vote until the commissioner of public
safety has certified that the department's systems have been tested and can accurately provide
the necessary data, and the secretary of state has certified that the system for automatic
registration of those applicants has been tested and is capable of properly determining
whether an applicant is eligible to vote.
new text end
new text begin
The secretary of state must absorb any costs associated with implementation of section
2 using existing appropriations provided to the secretary by law.
new text end