HF 655

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 05/06/2010 01:52pm

A bill for an act
relating to elections; requiring an affidavit of candidacy to state the candidate's
residence address or campaign contact address and telephone number; classifying
certain information; prohibiting placement of a candidate on the ballot if
residency requirements are not met; modifying candidate access to certain
facilities; requiring completion of absentee ballot certificate as prescribed in
directions before acceptance by ballot board; amending Minnesota Statutes 2008,
sections 13.607, by adding a subdivision; 204B.06, by adding a subdivision;
211B.20; Laws 2010, chapter 194, section 9, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 13.607, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin Candidates for office; address of residence. new text end

new text begin The address of residence of
certain candidates for office is classified as provided in section 204B.06, subdivision 1b.
new text end

Sec. 2.

Minnesota Statutes 2008, section 204B.06, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Address and telephone number. new text end

new text begin (a) An affidavit of candidacy must
state a telephone number where the candidate can be contacted. An affidavit must also
state the candidate's address of residence as determined under section 200.031, or at the
candidate's request in accordance with paragraph (c), the candidate's campaign contact
address. The form for the affidavit of candidacy must allow the candidate to request, if
eligible, that the candidate's address of residence be classified as private data, and to
provide the certification required under paragraph (c) for classification of that address.
new text end

new text begin (b) For an office whose residency requirement must be satisfied by the close of the
filing period, a registered voter in this state may request in writing that the filing officer
receiving the affidavit of candidacy review the address as provided in this paragraph, at
any time up to one day after the last day for filing for office. If requested, the filing officer
must determine whether the address provided in the affidavit of candidacy is within the
area represented by the office the candidate is seeking. If the filing officer determines
that the address is not within the area represented by the office, the filing officer must
immediately notify the candidate and the candidate's name must be removed from the
ballot for that office. A determination made by a filing officer under this paragraph is
subject to judicial review under section 204B.44.
new text end

new text begin (c) If the candidate requests that the candidate's address of residence be classified
as private data, the candidate must list the candidate's address of residence on a separate
form to be attached to the affidavit. The candidate must also certify on the affidavit that a
police report has been submitted or an order for protection has been issued in regard to the
safety of the candidate or the candidate's family. The address of residence provided by a
candidate who makes a request for classification on the candidate's affidavit of candidacy
and provides the certification required by this paragraph is classified as private data,
as defined in section 13.02, subdivision 12, but may be reviewed by the filing officer
as provided in this subdivision.
new text end

new text begin (d) The requirements of this subdivision do not apply to affidavits of candidacy for a
candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on May 18, 2010.
new text end

Sec. 3.

Minnesota Statutes 2008, section 211B.20, is amended to read:

211B.20 DENIAL OF ACCESS BY POLITICAL CANDIDATES TO
MULTIPLE UNIT DWELLINGS.

Subdivision 1.

Prohibition.

new text begin (a) new text end It is unlawful for a person, either directly or
indirectly, to deny access to an apartment house, dormitory, nursing home, manufactured
home park, other multiple unit facility used as a residence, or an area in which two or
more single-family dwellings are located on private roadways to deleted text begin a candidate who has filed
for election to public office or to campaign workers accompanied by the candidate, if the
candidate and workers seeking admittance to the facility do so solely for the purpose of
campaigning. deleted text end new text begin a candidate who has:
new text end

new text begin (1) organized a campaign committee under applicable federal or state law;
new text end

new text begin (2) filed a financial report as required by section 211A.02; or
new text end

new text begin (3) filed an affidavit of candidacy for elected office.
new text end

new text begin A candidate granted access under this section must be allowed to be accompanied
by campaign volunteers.
new text end

new text begin (b) Access to a facility or area is only required if it is located within the district or
territory that will be represented by the office to which the candidate seeks election, and
the candidate and any accompanying campaign volunteers seek access exclusively for
the purpose of campaigning for a candidate or registering voters. The candidate must be
seeking election to office at the next general or special election to be held for that office.
new text end

new text begin (c) A candidate and any accompanying campaign volunteers granted access under
this section must be permitted to leave campaign materials for residents at their doors,
except that the manager of a nursing home may direct that the campaign materials be
left at a central location within the facility. The campaign materials must be left in
an orderly manner.
new text end

new text begin (d) If a facility or area contains multiple buildings, a candidate and accompanying
volunteers must be permitted to access more than one building on a single visit, but access
is limited to only one building at a time. If multiple candidates are traveling together, each
candidate and that candidate's accompanying volunteers is limited to one building at a
time, but all of the candidates and accompanying volunteers traveling together must not be
restricted to accessing the same building at the same time.
new text end

new text begin (e) new text end A violation of this section is a petty misdemeanor.

Subd. 2.

Exceptions.

Subdivision 1 does not prohibit:

(1) denial of admittance into a particular apartment, room, manufactured home, or
personal residential unit;

(2) requiring reasonable and proper identification as a necessary prerequisite to
admission to a multiple unit dwelling;

(3) in the case of a nursing home new text begin or a registered housing with services establishment
providing assisted living services meeting the requirements of section 144G.03,
subdivision 2 new text end , denial of permission to visit certain persons for valid health reasons;

(4) limiting visits by candidates or deleted text begin workers deleted text end new text begin volunteers new text end accompanied by the candidate
to a reasonable number of persons or reasonable hours;

(5) requiring a prior appointment to gain access to the facility; or

(6) denial of admittance to or expulsion from a multiple unit dwelling for good cause.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Laws 2010, chapter 194, section 9, subdivision 2, is amended to read:

Subd. 2.

Duties of ballot board; absentee ballots.

(a) The members of the ballot
board shall take possession of all return envelopes delivered to them in accordance with
section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district
clerk, two or more members of the ballot board shall examine each return envelope and
shall mark it accepted or rejected in the manner provided in this subdivision. Election
judges performing the duties in this section must be of different major political parties,
unless they are exempt from that requirement under section 205.075, subdivision 4, or
section 205A.10, subdivision 2.

(b) The members of the ballot board shall mark the return envelope "Accepted" and
initial or sign the return envelope below the word "Accepted" if a majority of the members
of the ballot board examining the envelope are satisfied that:

(1) the voter's name and address on the return envelope are the same as the
information provided on the absentee ballot application;

(2) the voter signed the certification on the envelope;

(3) the voter's Minnesota driver's license, state identification number, or the last four
digits of the voter's Social Security number are the same as the number provided on the
voter's application for ballots. If the number does not match the number as submitted on
the application, or if a number was not submitted on the application, the election judges
must compare the signature provided by the applicant to determine whether the ballots
were returned by the same person to whom they were transmitted;

(4) the voter is registered and eligible to vote in the precinct or has included a
properly completed voter registration application in the return envelope; deleted text begin and
deleted text end

(5) new text begin the certificate has been completed as prescribed in the directions for casting an
absentee ballot; and
new text end

new text begin (6) new text end the voter has not already voted at that election, either in person or, if it is after the
close of business on the fourth day before the election, by absentee ballot.

The return envelope from accepted ballots must be preserved and returned to the
county auditor.

(c)(1) If a majority of the members of the ballot board examining a return envelope
find that an absentee voter has failed to meet one of the requirements provided in
paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the
word "Rejected," list the reason for the rejection on the envelope, and return it to the
county auditor. There is no other reason for rejecting an absentee ballot beyond those
permitted by this section. 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.

(2) If an envelope has been rejected at least five days before the election, the
envelope must remain sealed and the official in charge of the ballot board shall provide the
voter with a replacement absentee ballot and return envelope in place of the rejected ballot.

(3) If an envelope is rejected within five days of the election, the envelope must
remain sealed and the official in charge of the ballot board must attempt to contact the
voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
The official must document the attempts made to contact the voter.

(d) The official in charge of the absentee ballot board must mail the voter a written
notice of absentee ballot rejection between six and ten weeks following the election. If the
official determines that the voter has otherwise cast a ballot in the election, no notice is
required. If an absentee ballot arrives after the deadline for submission provided by this
chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A
notice of absentee ballot rejection must contain the following information:

(1) the date on which the absentee ballot was rejected or, if the ballot was received
after the required deadline for submission, the date on which the ballot was received;

(2) the reason for rejection; and

(3) the name of the appropriate election official to whom the voter may direct further
questions, along with appropriate contact information.

(e) An absentee ballot return envelope marked "Rejected" may not be opened or
subject to further review except in an election contest filed pursuant to chapter 209.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 25, 2010.
new text end