Minnesota Legislature
HF 89
2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/03/2011 03:12pm
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A bill for an act
relating to elections; requiring voters to provide picture identification before
receiving a ballot; providing for the issuance of voter identification cards at
no charge; changing certain canvassing deadlines; requiring certain notice;
establishing a procedure for provisional balloting; amending Minnesota Statutes
2010, sections 201.12, subdivision 1; 204C.10; 204C.32; 204C.33, subdivision 1;
204C.37; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03, subdivision
4; 205A.10, subdivision 3; proposing coding for new law in Minnesota Statutes,
chapters 201; 204C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[201.017] VOTER IDENTIFICATION CARDS.
new text end
new text begin Subdivision 1. new text end
new text begin Access; eligibility. new text end
new text begin
The county auditor must provide at least one
location in the county at which it will accept applications for and issue voter identification
cards to registered Minnesota voters. A voter identification card is valid only for purposes
of voter identification under section 204C.10, and is available only to registered Minnesota
voters. No fee may be charged or collected for the application for or issuance of a voter
identification card. A voter is not eligible for a voter identification card if the voter has a
Minnesota driver's license or identification card issued by the Department of Public Safety
that is currently valid and will not expire prior to election day.
new text end
new text begin Subd. 2. new text end
new text begin Validity. new text end
new text begin
A voter identification card is valid as long as the voter resides at
the address indicated on the card and remains qualified to vote. A voter who moves to
a different residence within the state must surrender the card to the appropriate county
auditor of the new residence. After surrender of an invalid card, a voter may apply for and
receive a new card if the voter is otherwise eligible. A person who moves to a residence
outside the state of Minnesota or who ceases to be qualified to vote must surrender the
voter identification card to the county auditor from which it was issued.
new text end
new text begin Subd. 3. new text end
new text begin Documentation required of applicant. new text end
new text begin
(a) An applicant for a voter
identification card must submit the following before the county auditor may issue an
identification card:
new text end
new text begin
(1) proof of the applicant's current registration to vote in the state of Minnesota;
new text end
new text begin
(2) documentation approved by the secretary of state sufficient to prove residence in
Minnesota for purposes of election day voter registration; and
new text end
new text begin
(3) official documentation that contains the applicant's name, current address of
residence, and date of birth.
new text end
new text begin
The secretary of state may adopt rules to further describe and define the types of
documentation sufficient to meet the requirements of this subdivision. If an applicant is
unable to provide proof of current registration as required in clause (1), the application
must still be accepted if the statewide voter registration system indicates that the applicant
is registered and eligible to vote in Minnesota.
new text end
new text begin
(b) The application for a voter identification card shall elicit the information
required to be printed under subdivision 4. The application must be signed and sworn to
by the applicant. An applicant who knowingly submits an application containing false
information is guilty of a felony.
new text end
new text begin
(c) Data contained in an application for a voter identification card is private data, as
defined in section 13.02, subdivision 12.
new text end
new text begin Subd. 4. new text end
new text begin Format of card. new text end
new text begin
The voter identification card shall be captioned
"MINNESOTA VOTER IDENTIFICATION CARD," and contain a prominent statement
that under Minnesota law, the card is valid only as identification for voting purposes. The
voter identification card must be laminated, contain a bar code suitable for scanning
and a digital color photograph of the voter, and include the following information about
the voter:
new text end
new text begin
(1) full legal name;
new text end
new text begin
(2) address of residence;
new text end
new text begin
(3) birth date;
new text end
new text begin
(4) date identification card was issued;
new text end
new text begin
(5) sex;
new text end
new text begin
(6) height;
new text end
new text begin
(7) weight;
new text end
new text begin
(8) eye color;
new text end
new text begin
(9) county where identification card was issued; and
new text end
new text begin
(10) any other information prescribed by the secretary of state.
new text end
new text begin Subd. 5. new text end
new text begin Duties of secretary of state. new text end
new text begin
The secretary of state shall provide each
county auditor with the necessary equipment, forms, supplies, and training for the
production of the Minnesota voter identification cards and is responsible for maintaining
the equipment.
new text end
new text begin
The secretary of state may adopt any rules necessary to facilitate administration
of this section.
new text end
Sec. 2.
Minnesota Statutes 2010, section 201.12, subdivision 1, is amended to read:
Subdivision 1.
Notice of registration.
new text begin (a) new text end To prevent fraudulent voting and to
eliminate excess names, the county auditor maynew text begin , except where required by paragraph (b),
new text end mail to any registered voter a notice stating the voter's name and address as they appear
in the registration files. The notice shall request the voter to notify the county auditor if
there is any mistake in the information.
new text begin
(b) The notice provided in paragraph (a) must be sent upon acceptance of a
registration application from any voter who has not been previously registered to vote
in Minnesota. In addition to the requirements of paragraph (a), the notice sent to a voter
under this paragraph must inform the voter of the requirements for voting in the polling
place, including the photo identification requirements contained in section 204C.10, and
provide information to assist the voter in acquiring a voter identification card, if necessary,
under section 201.017.
new text end
Sec. 3.
Minnesota Statutes 2010, section 204C.10, is amended to read:
204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.
new text begin Subdivision 1. new text end
new text begin Polling place roster. new text end
(a) An individual seeking to vote shall sign a
polling place roster which states that the individual is at least 18 years of age, a citizen
of the United States, has resided in Minnesota for 20 days immediately preceding the
election, maintains residence at the address shown, is not under a guardianship in which
the court order revokes the individual's right to vote, has not been found by a court of
law to be legally incompetent to vote or has the right to vote because, if the individual
was convicted of a felony, the felony sentence has expired or been completed or the
individual has been discharged from the sentence, is registered and has not already voted
in the election. The roster must also state: "I understand that deliberately providing false
information is a felony punishable by not more than five years imprisonment and a fine of
not more than $10,000, or both."
(b) deleted text begin A judge may,deleted text end Before the applicant signs the roster,new text begin a judge: (1) maynew text end confirm the
applicant's name, address, and date of birthnew text begin ; and (2) except when a voter has a religious
objection to being photographed, must require the voter to provide photo identification, as
described in subdivision 2new text end .
(c) After the applicant signs the roster, the judge shall give the applicant a voter's
receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
voters' receipts must be maintained during the time for notice of filing an election contest.
new text begin Subd. 2. new text end
new text begin Photo identification. new text end
new text begin
(a) To satisfy the photo identification requirement in
subdivision 1, a voter must present one of the following:
new text end
new text begin
(1) a valid Minnesota driver's license or identification card, issued by the Department
of Public Safety;
new text end
new text begin
(2) a valid United States passport;
new text end
new text begin
(3) a valid Minnesota voter identification card issued under section 201.017;
new text end
new text begin
(4) any other valid identification card issued by a branch, department, agency, entity,
or subdivision of the state of Minnesota or the federal government, provided that the
identification card contains a photograph of the voter; or
new text end
new text begin
(5) a valid tribal identification card containing a photograph of the voter.
new text end
new text begin
(b) If a voter is unable to produce any of the items of identification listed in
paragraph (a), the voter shall be allowed to vote a provisional ballot upon swearing
or affirming that the voter is the person identified on the polling place roster. Falsely
swearing or affirming the oath shall be punishable as a felony. A provisional ballot may be
cast in the manner provided in section 204C.135.
new text end
Sec. 4.
new text begin
[204C.135] PROVISIONAL BALLOTS.
new text end
new text begin Subdivision 1. new text end
new text begin Casting of provisional ballots. new text end
new text begin
(a) A voter who appears at a polling
place for the purpose of casting a ballot in a primary or general election but is unable
to provide proper photo identification as required by section 204C.10 is entitled, upon
swearing or affirming the voter's identity, to cast a provisional ballot as provided by this
section.
new text end
new text begin
(b) A voter seeking to vote a provisional ballot must complete a provisional ballot
voting certificate. The certificate must include information about the place, manner, and
approximate date on which the voter previously registered to vote. The voter must also
swear or affirm in writing that the voter previously registered to vote, is eligible to vote,
has not voted previously in that election, and meets the criteria for registering to vote in
Minnesota. The form of the provisional ballot voting certificate shall be prescribed by
the secretary of state.
new text end
new text begin
(c) Once the voter has completed the provisional ballot voting certificate as required
by this subdivision, the voter must be allowed to cast a provisional ballot. The provisional
ballot must be the same as that utilized by the county or municipality for mail-in absentee
ballots. A completed provisional ballot shall be sealed in the manner required for absentee
ballots pursuant to section 203B.07, and deposited by the voter in a secure, sealed ballot
box.
new text end
new text begin Subd. 2. new text end
new text begin Counting provisional ballots. new text end
new text begin
(a) The head election judge in a precinct
where a provisional vote was cast must notify the county auditor or municipal clerk of
the number of provisional ballots cast as soon as practicable following the closing of the
polls. Provisional ballots and related documentation shall be delivered to and securely
maintained by the county auditor or municipal clerk.
new text end
new text begin
(b) A voter who, because of an inability to produce photo identification on election
day, cast a provisional ballot in the polling place may personally appear before the county
auditor or municipal clerk no later than five business days following the election to
determine whether the provisional ballot will be counted. The county auditor or municipal
clerk must count a provisional ballot in the final certified results from the precinct if the
voter either: (1) presents a form of photo identification permissible under section 204C.10,
subdivision 2, or the documentation necessary to secure a Minnesota voter identification
card under section 201.017, subdivision 3; or (2) executes an affidavit before the county
auditor or municipal clerk, in a form prescribed by the secretary of state, affirming under
penalty of perjury that the voter is the same person who appeared in the polling place on
election day and cast a provisional ballot and is unable to obtain a sufficient form of photo
identification without the payment of a fee and was not able to secure a Minnesota voter
identification card prior to election day.
new text end
new text begin
(c) If a voter does not appear before the county auditor or municipal clerk within five
business days following the election, or otherwise does not satisfy the requirements of
paragraph (b), the voter's provisional ballot must not be counted.
new text end
new text begin
(d) The county auditor or municipal clerk must notify, in writing, any voter who
does not appear within five business days of the election that their provisional ballot
was not cast because of the voter's failure to provide photo identification at the polling
place and the voter's failure to appear within five business days following the election to
determine whether the provisional ballot should be counted.
new text end
Sec. 5.
Minnesota Statutes 2010, section 204C.32, is amended to read:
204C.32 CANVASS OF STATE PRIMARIES.
Subdivision 1.
County canvass.
The county canvassing board shall meet at the
county auditor's office on the deleted text begin thirddeleted text end new text begin eighthnew text end day following the state primary. After taking the
oath of office, the canvassing board shall publicly canvass the election returns delivered
to the county auditor. The board shall complete the canvass on the deleted text begin thirddeleted text end new text begin eighthnew text end day
following the state primary and shall promptly prepare and file with the county auditor
a report that states:
(a) the number of individuals voting at the election in the county, and in each
precinct;
(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;
(c) for each major political party, the names of the candidates running for each
partisan office and the number of votes received by each candidate in the county and in
each precinct;
(d) the names of the candidates of each major political party who are nominated; and
(e) the number of votes received by each of the candidates for nonpartisan office in
each precinct in the county and the names of the candidates nominated for nonpartisan
office.
Upon completion of the canvass, the county auditor shall mail or deliver a notice of
nomination to each nominee for county office voted for only in that county. The county
auditor shall transmit one of the certified copies of the county canvassing board report
for state and federal offices to the secretary of state by express mail or similar service
immediately upon conclusion of the county canvass. The secretary of state shall mail a
notice of nomination to each nominee for state or federal office.
Subd. 2.
State canvass.
The State Canvassing Board shall meet at the Secretary of
State's Office deleted text begin sevendeleted text end new text begin 14new text end days after the state primary to canvass the certified copies of the
county canvassing board reports received from the county auditors. Immediately after
the canvassing board declares the results, the secretary of state shall certify the names of
the nominees to the county auditors. The secretary of state shall mail to each nominee
a notice of nomination.
Sec. 6.
Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:
Subdivision 1.
County canvass.
The county canvassing board shall meet at the
county auditor's office between the deleted text begin thirddeleted text end new text begin eighthnew text end and deleted text begin tenthdeleted text end new text begin 14thnew text end days following the state
general election. After taking the oath of office, the board shall promptly and publicly
canvass the general election returns delivered to the county auditor. Upon completion of
the canvass, the board shall promptly prepare and file with the county auditor a report
which states:
(a) the number of individuals voting at the election in the county and in each precinct;
(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;
(c) the names of the candidates for each office and the number of votes received by
each candidate in the county and in each precinct;
(d) the number of votes counted for and against a proposed change of county lines
or county seat; and
(e) the number of votes counted for and against a constitutional amendment or other
question in the county and in each precinct.
The result of write-in votes cast on the general election ballots must be compiled by
the county auditor before the county canvass, except that write-in votes for a candidate for
federal, state, or county office must not be counted unless the candidate has timely filed a
request under section 204B.09, subdivision 3. The county auditor shall arrange for each
municipality to provide an adequate number of election judges to perform this duty or the
county auditor may appoint additional election judges for this purpose. The county auditor
may open the envelopes or containers in which the voted ballots have been sealed in order
to count and record the write-in votes and must reseal the voted ballots at the conclusion
of this process. The county auditor must prepare a separate report of votes received by
precinct for write-in candidates for federal, state, and county offices who have requested
under section 204B.09 that votes for those candidates be tallied.
Upon completion of the canvass, the county canvassing board shall declare the
candidate duly elected who received the highest number of votes for each county and state
office voted for only within the county. The county auditor shall transmit a certified
copy of the county canvassing board report for state and federal offices to the secretary
of state by messenger, express mail, or similar service immediately upon conclusion of
the county canvass.
Sec. 7.
Minnesota Statutes 2010, section 204C.37, is amended to read:
204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
STATE.
A copy of the report required by sections 204C.32, subdivision 1, and 204C.33,
subdivision 1, shall be certified under the official seal of the county auditor. The copy shall
be enclosed in an envelope addressed to the secretary of state, with the county auditor's
name and official address and the words "Election Returns" endorsed on the envelope.
The copy of the canvassing board report and the precinct summary statements must be
sent by express mail or delivered to the secretary of state. If the copy is not received by
the secretary of state within ten days following deleted text begin the applicable electiondeleted text end new text begin a primary election,
or within 16 days following a general electionnew text end , the secretary of state shall immediately
notify the county auditor, who shall deliver another copy to the secretary of state by
special messenger.
Sec. 8.
Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read:
Subd. 5.
Results.
The municipal primary shall be conducted and the returns made in
the manner provided for the state primary so far as practicable. On the deleted text begin thirddeleted text end new text begin eighthnew text end day
after the primary, the governing body of the municipality shall canvass the returns, and the
two candidates for each office who receive the highest number of votes, or a number of
candidates equal to twice the number of individuals to be elected to the office, who receive
the highest number of votes, shall be the nominees for the office named. Their names shall
be certified to the municipal clerk who shall place them on the municipal general election
ballot without partisan designation and without payment of an additional fee.
Sec. 9.
Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to read:
Subd. 3.
Canvass of returns, certificate of election, ballots, disposition.
(a)
Between the deleted text begin thirddeleted text end new text begin eighthnew text end and deleted text begin tenthdeleted text end new text begin 14thnew text end days after an election, the governing body of a
city conducting any election including a special municipal election, or the governing body
of a town conducting the general election in November shall act as the canvassing board,
canvass the returns, and declare the results of the election. The governing body of a town
conducting the general election in March shall act as the canvassing board, canvass the
returns, and declare the results of the election within deleted text begin twodeleted text end new text begin tennew text end days after an election.
(b) After the time for contesting elections has passed, the municipal clerk shall issue a
certificate of election to each successful candidate. In case of a contest, the certificate shall
not be issued until the outcome of the contest has been determined by the proper court.
(c) In case of a tie vote, the canvassing board having jurisdiction over the
municipality shall determine the result by lot. The clerk of the canvassing board shall
certify the results of the election to the county auditor, and the clerk shall be the final
custodian of the ballots and the returns of the election.
Sec. 10.
Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:
Subd. 4.
Results.
The school district primary must be conducted and the returns
made in the manner provided for the state primary as far as practicable. On the deleted text begin thirddeleted text end new text begin eighthnew text end
day after the primary, the school board of the school district shall canvass the returns,
and the two candidates for each specified school board position who receive the highest
number of votes, or a number of candidates equal to twice the number of individuals to be
elected to at-large school board positions who receive the highest number of votes, are
the nominees for the office named. Their names must be certified to the school district
clerk who shall place them on the school district general election ballot without partisan
designation and without payment of an additional fee.
Sec. 11.
Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to read:
Subd. 3.
Canvass of returns, certificate of election, ballots, disposition.
Between
the deleted text begin thirddeleted text end new text begin eighthnew text end and deleted text begin tenthdeleted text end new text begin 14thnew text end days after a school district election other than a recount of a
special election conducted under section 126C.17, subdivision 9, or 475.59, the school
board shall canvass the returns and declare the results of the election. After the time for
contesting elections has passed, the school district clerk shall issue a certificate of election
to each successful candidate. If there is a contest, the certificate of election to that office
must not be issued until the outcome of the contest has been determined by the proper
court. If there is a tie vote, the school board shall determine the result by lot. The clerk
shall deliver the certificate of election to the successful candidate by personal service or
certified mail. The successful candidate shall file an acceptance and oath of office in
writing with the clerk within 30 days of the date of mailing or personal service. A person
who fails to qualify prior to the time specified shall be deemed to have refused to serve,
but that filing may be made at any time before action to fill the vacancy has been taken.
The school district clerk shall certify the results of the election to the county auditor, and
the clerk shall be the final custodian of the ballots and the returns of the election.
A school district canvassing board shall perform the duties of the school board
according to the requirements of this subdivision for a recount of a special election
conducted under section 126C.17, subdivision 9, or 475.59.