HF 655

1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:27pm

1.1A bill for an act

1.2relating to elections; requiring an affidavit of candidacy to state the candidate's
1.3residence address and telephone number; prohibiting placement of a candidate on
1.4the ballot if residency requirements are not met; modifying candidate access to
1.5certain facilities; requiring completion of absentee ballot certificate as prescribed
1.6in directions before acceptance by ballot board;amending Minnesota Statutes
1.72008, sections 204B.06, by adding a subdivision; 211B.20; Laws 2010, chapter
1.8194, section 9, subdivision 2.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2008, section 204B.06, is amended by adding a
1.11subdivision to read:
1.12    Subd. 1b. Address and telephone number. (a) An affidavit of candidacy must
1.13state the candidate's residence address and a telephone number where the candidate can
1.14be contacted.
1.15(b) For an office whose residency requirement must be satisfied by the close of the
1.16filing period, a registered voter in this state may request in writing that the filing officer
1.17receiving the affidavit of candidacy review the address as provided in this paragraph, at
1.18any time up to one day after the last day for filing for office. If requested, the filing officer
1.19must determine whether the address provided in the affidavit of candidacy is within the
1.20area represented by the office the candidate is seeking. If the filing officer determines
1.21that the address is not within the area represented by the office, the filing officer must
1.22immediately notify the candidate and the candidate's name must be removed from the
1.23ballot for that office. A determination made by a filing officer under this paragraph is
1.24subject to judicial review under section 204B.44.
1.25(c) The requirements of this subdivision do not apply to affidavits of candidacy for a
1.26candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff.
2.1EFFECTIVE DATE.This section is effective on May 18, 2010.

2.2    Sec. 2. Minnesota Statutes 2008, section 211B.20, is amended to read:
2.3211B.20 DENIAL OF ACCESS BY POLITICAL CANDIDATES TO
2.4MULTIPLE UNIT DWELLINGS.
2.5    Subdivision 1. Prohibition. (a) It is unlawful for a person, either directly or
2.6indirectly, to deny access to an apartment house, dormitory, nursing home, manufactured
2.7home park, other multiple unit facility used as a residence, or an area in which two or
2.8more single-family dwellings are located on private roadways to a candidate who has filed
2.9for election to public office or to campaign workers accompanied by the candidate, if the
2.10candidate and workers seeking admittance to the facility do so solely for the purpose of
2.11campaigning. a candidate who has:
2.12(1) organized a campaign committee under applicable federal or state law;
2.13(2) filed a financial report as required by section 211A.02; or
2.14(3) filed an affidavit of candidacy for elected office.
2.15A candidate granted access under this section must be allowed to be accompanied
2.16by campaign volunteers.
2.17(b) Access to a facility or area is only required if it is located within the district or
2.18territory that will be represented by the office to which the candidate seeks election, and
2.19the candidate and any accompanying campaign volunteers seek access exclusively for
2.20the purpose of campaigning for a candidate or registering voters. The candidate must be
2.21seeking election to office at the next general or special election to be held for that office.
2.22(c) A candidate and any accompanying campaign volunteers granted access under
2.23this section must be permitted to leave campaign materials for residents at their doors,
2.24except that the manager of a nursing home may direct that the campaign materials be
2.25left at a central location within the facility. The campaign materials must be left in
2.26an orderly manner.
2.27(d) A violation of this section is a petty misdemeanor.
2.28    Subd. 2. Exceptions. Subdivision 1 does not prohibit:
2.29(1) denial of admittance into a particular apartment, room, manufactured home, or
2.30personal residential unit;
2.31(2) requiring reasonable and proper identification as a necessary prerequisite to
2.32admission to a multiple unit dwelling;
2.33(3) in the case of a nursing home or a registered housing with services establishment
2.34providing assisted living services meeting the requirements of section 144G.03,
2.35subdivision 2, denial of permission to visit certain persons for valid health reasons;
3.1(4) limiting visits by candidates or workers volunteers accompanied by the candidate
3.2to a reasonable number of persons or reasonable hours;
3.3(5) requiring a prior appointment to gain access to the facility; or
3.4(6) denial of admittance to or expulsion from a multiple unit dwelling for good cause.

3.5    Sec. 3. Laws 2010, chapter 194, section 9, subdivision 2, is amended to read:
3.6    Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot
3.7board shall take possession of all return envelopes delivered to them in accordance with
3.8section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district
3.9clerk, two or more members of the ballot board shall examine each return envelope and
3.10shall mark it accepted or rejected in the manner provided in this subdivision. Election
3.11judges performing the duties in this section must be of different major political parties,
3.12unless they are exempt from that requirement under section 205.075, subdivision 4, or
3.13section 205A.10, subdivision 2.
3.14(b) The members of the ballot board shall mark the return envelope "Accepted" and
3.15initial or sign the return envelope below the word "Accepted" if a majority of the members
3.16of the ballot board examining the envelope are satisfied that:
3.17(1) the voter's name and address on the return envelope are the same as the
3.18information provided on the absentee ballot application;
3.19(2) the voter signed the certification on the envelope;
3.20(3) the voter's Minnesota driver's license, state identification number, or the last four
3.21digits of the voter's Social Security number are the same as the number provided on the
3.22voter's application for ballots. If the number does not match the number as submitted on
3.23the application, or if a number was not submitted on the application, the election judges
3.24must compare the signature provided by the applicant to determine whether the ballots
3.25were returned by the same person to whom they were transmitted;
3.26(4) the voter is registered and eligible to vote in the precinct or has included a
3.27properly completed voter registration application in the return envelope; and
3.28(5) the certificate has been completed as prescribed in the directions for casting an
3.29absentee ballot; and
3.30(6) the voter has not already voted at that election, either in person or, if it is after the
3.31close of business on the fourth day before the election, by absentee ballot.
3.32The return envelope from accepted ballots must be preserved and returned to the
3.33county auditor.
3.34(c)(1) If a majority of the members of the ballot board examining a return envelope
3.35find that an absentee voter has failed to meet one of the requirements provided in
4.1paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the
4.2word "Rejected," list the reason for the rejection on the envelope, and return it to the
4.3county auditor. There is no other reason for rejecting an absentee ballot beyond those
4.4permitted by this section. Failure to place the ballot within the security envelope before
4.5placing it in the outer white envelope is not a reason to reject an absentee ballot.
4.6(2) If an envelope has been rejected at least five days before the election, the
4.7envelope must remain sealed and the official in charge of the ballot board shall provide the
4.8voter with a replacement absentee ballot and return envelope in place of the rejected ballot.
4.9(3) If an envelope is rejected within five days of the election, the envelope must
4.10remain sealed and the official in charge of the ballot board must attempt to contact the
4.11voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
4.12The official must document the attempts made to contact the voter.
4.13(d) The official in charge of the absentee ballot board must mail the voter a written
4.14notice of absentee ballot rejection between six and ten weeks following the election. If the
4.15official determines that the voter has otherwise cast a ballot in the election, no notice is
4.16required. If an absentee ballot arrives after the deadline for submission provided by this
4.17chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A
4.18notice of absentee ballot rejection must contain the following information:
4.19(1) the date on which the absentee ballot was rejected or, if the ballot was received
4.20after the required deadline for submission, the date on which the ballot was received;
4.21(2) the reason for rejection; and
4.22(3) the name of the appropriate election official to whom the voter may direct further
4.23questions, along with appropriate contact information.
4.24(e) An absentee ballot return envelope marked "Rejected" may not be opened or
4.25subject to further review except in an election contest filed pursuant to chapter 209.
4.26EFFECTIVE DATE.This section is effective June 25, 2010.