HF 857

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; requiring picture 
  1.3             identification before registering on election day or 
  1.4             voting; requiring additional information for 
  1.5             registration; limiting use of certain information; 
  1.6             requiring report of certain felony convictions; 
  1.7             changing certain provisions for overseas absentee 
  1.8             ballots; providing for rulemaking; amending Minnesota 
  1.9             Statutes 2000, sections 201.061, subdivision 3; 
  1.10            201.071, subdivisions 1, 3, by adding subdivisions; 
  1.11            201.091, subdivisions 1, 4, by adding a subdivision; 
  1.12            201.155; 203B.16, subdivision 1; 203B.17, subdivision 
  1.13            1; 204C.10; 204D.11, subdivision 4. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2000, section 201.061, 
  1.16  subdivision 3, is amended to read: 
  1.17     Subd. 3.  [ELECTION DAY REGISTRATION.] An individual who is 
  1.18  eligible to vote may register on election day by appearing in 
  1.19  person at the polling place for the precinct in which the 
  1.20  individual maintains residence, by completing a registration 
  1.21  card, making an oath in the form prescribed by the secretary of 
  1.22  state and providing proof of residence.  An individual may prove 
  1.23  identity and residence for purposes of registering by: 
  1.24     (1) showing a driver's license or Minnesota identification 
  1.25  card issued pursuant to section 171.07; 
  1.26     (2) showing any picture identification document approved by 
  1.27  the secretary of state as proper identification; 
  1.28     (3) showing an identification card issued by the tribal 
  1.29  government of a tribe recognized by the Bureau of Indian 
  2.1   Affairs, Department of the Interior, that contains the name, 
  2.2   address, signature, and picture of the individual; 
  2.3      (4) showing one of the following: 
  2.4      (i) a current valid student picture identification card 
  2.5   from a post-secondary educational institution in Minnesota, if a 
  2.6   list of students from that institution has been prepared under 
  2.7   section 135A.17 and certified to the county auditor in the 
  2.8   manner provided in rules of the secretary of state; or 
  2.9      (ii) a current student fee statement that contains the 
  2.10  student's valid address in the precinct together with a picture 
  2.11  identification card; or 
  2.12     (4) (5) showing a picture identification card or document 
  2.13  listed in clause (1), (2), (3), or (4), and proving current 
  2.14  residence in the precinct by having a voter who is registered to 
  2.15  vote in the precinct sign an oath in the presence of the 
  2.16  election judge vouching that the voter personally knows that the 
  2.17  individual is a resident of the precinct.  A voter who has been 
  2.18  vouched for on election day may not sign a proof of residence 
  2.19  oath vouching for any other individual on that election day. 
  2.20     A county, school district, or municipality may require that 
  2.21  an election judge responsible for election day registration 
  2.22  initial each completed registration card.  
  2.23     [EFFECTIVE DATE.] This section is effective April 1, 2002. 
  2.24     Sec. 2.  Minnesota Statutes 2000, section 201.071, 
  2.25  subdivision 1, is amended to read: 
  2.26     Subdivision 1.  [FORM.] A registration card must be of 
  2.27  suitable size and weight for mailing and contain spaces for the 
  2.28  following required information:  voter's first name, middle 
  2.29  name, and last name; voter's previous name, if any; voter's 
  2.30  current address; voter's previous address, if any; voter's date 
  2.31  of birth; voter's municipality and county of residence; voter's 
  2.32  telephone number, if provided by the voter; the final four 
  2.33  digits of the voter's social security number (or the statement 
  2.34  "NONE" if the voter has no social security number); date of 
  2.35  registration; and voter's signature.  The card must also contain 
  2.36  a certification of voter eligibility. 
  3.1      The form of the voter registration card and the 
  3.2   certification of voter eligibility must be as provided in the 
  3.3   rules of the secretary of state.  Voter registration forms 
  3.4   authorized by the National Voter Registration Act may also be 
  3.5   accepted as valid. 
  3.6      [EFFECTIVE DATE.] This section is effective April 1, 2002. 
  3.7      Sec. 3.  Minnesota Statutes 2000, section 201.071, 
  3.8   subdivision 3, is amended to read: 
  3.9      Subd. 3.  [DEFICIENT REGISTRATION.] No registration is 
  3.10  deficient if it contains the voter's name, address, date of 
  3.11  birth, the final four digits of the voter's social security 
  3.12  number (or the statement "NONE" if the voter has no social 
  3.13  security number), prior registration, if any, and signature.  
  3.14  The absence of a zip code number does not cause the registration 
  3.15  to be deficient.  The election judges shall request an 
  3.16  individual to correct a registration card if it is deficient or 
  3.17  illegible or if the name or number of the voter's school 
  3.18  district is missing or obviously incorrect.  No eligible voter 
  3.19  may be prevented from voting unless the voter's registration 
  3.20  card is deficient or the voter is duly and successfully 
  3.21  challenged in accordance with section 201.195 or 204C.12. 
  3.22     A registration card accepted prior to August 1, 1983, is 
  3.23  not deficient for lack of date of birth.  The county or 
  3.24  municipality may attempt to obtain the date of birth for a 
  3.25  registration card accepted prior to August 1, 1983, by a request 
  3.26  to the voter at any time except at the polling place.  Failure 
  3.27  by the voter to comply with this request does not make the 
  3.28  registration deficient. 
  3.29     A registration card accepted before April 1, 2002, is not 
  3.30  deficient for lack of the final four digits of the voter's 
  3.31  social security number.  A county or municipality may attempt to 
  3.32  obtain this information for a registration card accepted before 
  3.33  April 1, 2002, by a request to the voter at any time except at 
  3.34  the polling place.  Failure by the voter to comply with this 
  3.35  request does not make the registration deficient. 
  3.36     [EFFECTIVE DATE.] This section is effective April 1, 2002. 
  4.1      Sec. 4.  Minnesota Statutes 2000, section 201.071, is 
  4.2   amended by adding a subdivision to read: 
  4.3      Subd. 9.  [EXISTING CARDS.] Existing stocks of registration 
  4.4   cards printed before April 1, 2002, that do not contain the 
  4.5   social security information required under this section may 
  4.6   continue to be used until the stock is exhausted.  All 
  4.7   registration cards printed after March 31, 2002, must conform 
  4.8   with this section. 
  4.9      [EFFECTIVE DATE.] This section is effective April 1, 2002. 
  4.10     Sec. 5.  Minnesota Statutes 2000, section 201.071, is 
  4.11  amended by adding a subdivision to read: 
  4.12     Subd. 10.  [RULES.] The secretary of state shall adopt 
  4.13  rules to provide for registration cards that conform with this 
  4.14  section. 
  4.15     Sec. 6.  Minnesota Statutes 2000, section 201.091, 
  4.16  subdivision 1, is amended to read: 
  4.17     Subdivision 1.  [MASTER LIST.] Each county auditor shall 
  4.18  prepare and maintain a current list of registered voters in each 
  4.19  precinct in the county which is known as the master list.  The 
  4.20  master list must be created by entering each completed voter 
  4.21  registration card received by the county auditor into the 
  4.22  statewide registration system.  It must show the name, residence 
  4.23  address, and date of birth of each voter registered in the 
  4.24  precinct.  The information contained in the master list may only 
  4.25  be made available to public officials for purposes related to 
  4.26  election administration, jury selection, and in response to a 
  4.27  law enforcement inquiry concerning a violation of or failure to 
  4.28  comply with any criminal statute or state or local tax statute.  
  4.29  If a copy of the master list is provided to a public official 
  4.30  for jury selection or in response to a law enforcement inquiry 
  4.31  described in this subdivision, the list may not include the 
  4.32  final four digits of the social security number of any voter. 
  4.33     Sec. 7.  Minnesota Statutes 2000, section 201.091, is 
  4.34  amended by adding a subdivision to read: 
  4.35     Subd. 1a.  [POLLING PLACE ROSTER.] A polling place roster 
  4.36  produced from data maintained in the statewide voter 
  5.1   registration file may not include the final four digits of the 
  5.2   social security number of any voter. 
  5.3      Sec. 8.  Minnesota Statutes 2000, section 201.091, 
  5.4   subdivision 4, is amended to read: 
  5.5      Subd. 4.  [PUBLIC INFORMATION LISTS.] (a) The county 
  5.6   auditor shall make available for inspection a public information 
  5.7   list which must contain the name, address, year of birth, and 
  5.8   voting history of each registered voter in the county.  The 
  5.9   telephone number must be included on the list if provided by the 
  5.10  voter.  The public information list may also include information 
  5.11  on voting districts.  The list must not contain the final four 
  5.12  digits of the social security number of any voter.  The county 
  5.13  auditor may adopt reasonable rules governing access to the list. 
  5.14     (b) No individual inspecting the public information list 
  5.15  shall tamper with or alter it in any manner.  No individual who 
  5.16  inspects the public information list or who acquires a list of 
  5.17  registered voters prepared from the public information list may 
  5.18  use any information contained in the list for purposes unrelated 
  5.19  to elections, political activities, or law enforcement.  The 
  5.20  secretary of state may provide copies of the public information 
  5.21  lists and other information from the statewide registration 
  5.22  system for uses related to elections, political activities, or 
  5.23  in response to a law enforcement inquiry from a public official 
  5.24  concerning a failure to comply with any criminal statute or any 
  5.25  state or local tax statute. 
  5.26     (c) Before inspecting the public information list or 
  5.27  obtaining a list of voters or other information from the list, 
  5.28  the individual shall provide identification to the public 
  5.29  official having custody of the public information list and shall 
  5.30  state in writing that any information obtained from the list 
  5.31  will not be used for purposes unrelated to elections, political 
  5.32  activities, or law enforcement.  Requests to examine or obtain 
  5.33  information from the public information lists or the statewide 
  5.34  registration system must be made and processed in the manner 
  5.35  provided in the rules of the secretary of state. 
  5.36     (d) Upon receipt of a written request and a copy of the 
  6.1   court order, the secretary of state may withhold from the public 
  6.2   information list the name of any registered voter placed under 
  6.3   court-ordered protection. 
  6.4      [EFFECTIVE DATE.] This section is effective April 1, 2002. 
  6.5      Sec. 9.  Minnesota Statutes 2000, section 201.155, is 
  6.6   amended to read: 
  6.7      201.155 [REPORT ON FELONY CONVICTIONS.] 
  6.8      The state court administrator shall report at least monthly 
  6.9   to the secretary of state the name, address, final four digits 
  6.10  of the voter's social security number (or the statement "NONE" 
  6.11  if the voter has no social security number), date of birth, date 
  6.12  of sentence, effective date of the sentence, and county in which 
  6.13  the conviction occurred of each person who has been convicted of 
  6.14  a felony.  The state court administrator shall also report the 
  6.15  name, address, final four digits of the voter's social security 
  6.16  number (or the statement "NONE" if the voter has no social 
  6.17  security number), and date of birth of each person previously 
  6.18  convicted of a felony whose civil rights have been restored.  
  6.19  The secretary of state shall determine if any of the persons in 
  6.20  the report is registered to vote and shall prepare forward a 
  6.21  list of those registrants for individuals to each county 
  6.22  auditor.  The county auditor shall determine if any person 
  6.23  identified in the report as a resident of the county is 
  6.24  registered to vote in the county and change the status of those 
  6.25  registrants each such registrant in the appropriate manner in 
  6.26  the statewide registration system. 
  6.27     Sec. 10.  Minnesota Statutes 2000, section 203B.16, 
  6.28  subdivision 1, is amended to read: 
  6.29     Subdivision 1.  [MILITARY SERVICE; TEMPORARY RESIDENCE 
  6.30  OUTSIDE UNITED STATES.] Sections 203B.16 to 203B.27 provide 
  6.31  alternative voting procedures for eligible voters who are absent 
  6.32  from the precinct where they maintain residence because they are:
  6.33     (a) (1) either in the military or the spouses or dependents 
  6.34  of individuals serving in the military; or 
  6.35     (b) (2) temporarily outside the territorial limits of the 
  6.36  United States. 
  7.1      Sections 203B.16 to 203B.27 are intended to implement the 
  7.2   federal Uniformed and Overseas Citizens Absentee Voting Act, 
  7.3   United States Code, title 42, section 1973ff. 
  7.4      Sec. 11.  Minnesota Statutes 2000, section 203B.17, 
  7.5   subdivision 1, is amended to read: 
  7.6      Subdivision 1.  [SUBMISSION OF APPLICATION.] (a) An 
  7.7   application for absentee ballots for a voter described in 
  7.8   section 203B.16 may be submitted in writing or by electronic 
  7.9   facsimile device.  An application for absentee ballots for a 
  7.10  voter described in section 203B.16 may be submitted by that 
  7.11  voter or by that voter's parent, spouse, sister, brother, or 
  7.12  child over the age of 18 years.  For purposes of an application 
  7.13  under this subdivision, a person's social security number, no 
  7.14  matter how it is designated, qualifies as the person's military 
  7.15  identification number if the person is in the military. 
  7.16     (b) An application for a voter described in section 
  7.17  203B.16, subdivision 1, shall be submitted to the county auditor 
  7.18  of the county where the voter maintains residence. 
  7.19     (c) An application for a voter described in section 
  7.20  203B.16, subdivision 2, shall be submitted to the county auditor 
  7.21  of the county where the voter last maintained residence in 
  7.22  Minnesota. 
  7.23     (d) An application for absentee ballots for a primary shall 
  7.24  also constitute an application for absentee ballots for the any 
  7.25  ensuing general or special election conducted during the same 
  7.26  calendar year in which the application is received. 
  7.27     (e) There shall be no limitation of time for filing and 
  7.28  receiving applications for ballots under sections 203B.16 to 
  7.29  203B.27. 
  7.30     Sec. 12.  Minnesota Statutes 2000, section 204C.10, is 
  7.31  amended to read: 
  7.32     204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 
  7.33  REGISTRATION.] 
  7.34     (a) An individual seeking to vote shall sign a polling 
  7.35  place roster which states that the individual is at least 18 
  7.36  years of age, a citizen of the United States, has resided in 
  8.1   Minnesota for 20 days immediately preceding the election, 
  8.2   certifies residence at the address shown, is not under 
  8.3   guardianship of the person, has not been found by a court of law 
  8.4   to be legally incompetent to vote or convicted of a felony 
  8.5   without having civil rights restored, is registered and has not 
  8.6   already voted in the election.  
  8.7      (b) A judge may shall, before the applicant signs the 
  8.8   roster, confirm the applicant's identity by requiring a picture 
  8.9   identification card or document issued by the United States or 
  8.10  Minnesota or an identification card issued by the tribal 
  8.11  government of a tribe recognized by the Bureau of Indian 
  8.12  Affairs, Department of the Interior, and may confirm the 
  8.13  applicant's name, address, and date of birth.  If an applicant 
  8.14  does not have a card or document described by this section, the 
  8.15  applicant may sign the roster after executing an affidavit 
  8.16  before the judge.  The affidavit must state: 
  8.17     (1) the name of the applicant; 
  8.18     (2) that the applicant does not have a picture 
  8.19  identification card or document issued by the United States or 
  8.20  Minnesota or an identification card issued by the tribal 
  8.21  government of a tribe recognized by the Bureau of Indian 
  8.22  Affairs, Department of the Interior, that contains the name, 
  8.23  address, signature, and picture of the applicant; and 
  8.24     (3) that the applicant swears or affirms that the applicant 
  8.25  is the same individual whose name is listed on the roster for 
  8.26  this precinct. 
  8.27     (c) After the applicant signs the roster, the judge shall 
  8.28  give the applicant a voter's receipt.  The voter shall deliver 
  8.29  the voter's receipt to the judge in charge of ballots as proof 
  8.30  of the voter's right to vote, and thereupon the judge shall hand 
  8.31  to the voter the ballot.  The voters' receipts must be 
  8.32  maintained during the time for notice of filing an election 
  8.33  contest. 
  8.34     [EFFECTIVE DATE.] This section is effective effective April 
  8.35  1, 2002. 
  8.36     Sec. 13.  Minnesota Statutes 2000, section 204D.11, 
  9.1   subdivision 4, is amended to read: 
  9.2      Subd. 4.  [SPECIAL FEDERAL WHITE BALLOT.] (a) The names of 
  9.3   all candidates for the offices of president and vice-president 
  9.4   of the United States and senator and representative in Congress 
  9.5   shall be placed on a ballot printed on white paper which shall 
  9.6   be known as the "special federal white ballot." 
  9.7      (b) This ballot shall be prepared by the county auditor in 
  9.8   the same manner as the white ballot and shall be subject to the 
  9.9   rules adopted by the secretary of state pursuant to subdivision 
  9.10  1.  This ballot must be prepared and furnished in accordance 
  9.11  with the federal Uniformed and Overseas Citizens Absentee Voting 
  9.12  Act, United States Code, title 42, section 1973ff. 
  9.13     (c) The special federal white ballot shall be the only 
  9.14  ballot sent to citizens of the United States who are eligible to 
  9.15  vote by absentee ballot for federal candidates in Minnesota.