SF 86

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/13/2020 02:32pm

A bill for an act
relating to public safety; restoring the civil right to vote of an individual upon
release from incarceration or upon sentencing if no incarceration is imposed;
requiring notice; amending Minnesota Statutes 2018, sections 201.014, by adding
a subdivision; 201.071, subdivision 1; 609.165, subdivision 1; Minnesota Statutes
2019 Supplement, section 204C.10; proposing coding for new law in Minnesota
Statutes, chapters 201; 243.

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

Section 1.

Minnesota Statutes 2018, section 201.014, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Felony conviction; restoration of civil right to vote. new text end

new text begin An individual convicted
of a felony has the civil right to vote restored when the individual completes any incarceration
imposed and executed by the court for the offense, or upon sentencing if no incarceration
is imposed. If the individual is later incarcerated for the same offense, the individual's civil
right to vote is lost only during the period of incarceration.
new text end

Sec. 2.

Minnesota Statutes 2018, section 201.071, subdivision 1, is amended to read:

Subdivision 1.

Form.

Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number; and voter's signature. The paper
registration application may include the voter's e-mail address, if provided by the voter. The
electronic voter registration application must include the voter's e-mail address. The
registration application may include the voter's interest in serving as an election judge, if
indicated by the voter. The application must also contain the following certification of voter
eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my right
to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) deleted text begin have the right to vote because, if I have been convicted of a felony, my felony sentence
has expired (been completed) or I have been discharged from my sentence deleted text end new text begin am not currently
incarcerated for a felony offense new text end ; and

(8) have read and understand the following statement: that giving false information is a
felony punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."

The certification must include boxes for the voter to respond to the following questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

Sec. 3.

new text begin [201.276] DUTIES OF SECRETARY OF STATE; INFORMATION ABOUT
VOTING RIGHTS.
new text end

new text begin The secretary of state shall develop accurate and complete information in a single
publication about the voting rights of people who have been charged with or convicted of
a crime. This publication must be made available electronically to the state court administrator
for distribution to judges, court personnel, probation officers, and the commissioner of
corrections for distribution to corrections officials, parole and supervised release agents,
and the public.
new text end

Sec. 4.

Minnesota Statutes 2019 Supplement, section 204C.10, is amended to read:

204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE;
VOTER RECEIPT.

(a) An individual seeking to vote shall sign a polling place roster or voter signature
certificate which states that the individual new text begin :
new text end

new text begin (1) new text end is at least 18 years of age deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) is new text end a citizen of the United States deleted text begin , deleted text end new text begin ;
new text end

new text begin (3) new text end has resided in Minnesota for 20 days immediately preceding the election deleted text begin , deleted text end new text begin ;
new text end

new text begin (4) new text end maintains residence at the address shown deleted text begin , deleted text end new text begin ;
new text end

new text begin (5) new text end is not under a guardianship in which the court order revokes the individual's right to
vote deleted text begin , deleted text end new text begin ;
new text end

new text begin (6) new text end has not been found by a court of law to be legally incompetent to vote deleted text begin or deleted text end new text begin ;
new text end

new text begin (7) new text end has the right to vote because, if the individual was convicted of a felony, deleted text begin the felony
sentence has expired or been completed or deleted text end the individual has deleted text begin been discharged from the
sentence, deleted text end new text begin completed the term of incarceration, if any, for the felony offense;
new text end

new text begin (8) new text end is registered new text begin ; new text end and

new text begin (9) new text end 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) At the presidential nomination primary, the polling place roster must also state: "I
am in general agreement with the principles of the party for whose candidate I intend to
vote." This statement must appear separately from the statements required in paragraph (a).
The felony penalty provided for in paragraph (a) does not apply to this paragraph.

(c) A judge may, before the applicant signs the roster or voter signature certificate,
confirm the applicant's name, address, and date of birth.

(d) After the applicant signs the roster or voter signature certificate, 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.

(e) Whenever a challenged status appears on the polling place roster, an election judge
must ensure that the challenge is concealed or hidden from the view of any voter other than
the voter whose status is challenged.

Sec. 5.

new text begin [243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE.
new text end

new text begin Subdivision 1. new text end

new text begin Correctional facilities; designation of official. new text end

new text begin The chief executive
officer of each state and local correctional facility shall designate an official within the
facility to provide the notice and application required under this section to persons to whom
the civil right to vote is restored by reason of the persons' release from actual incarceration.
The official shall maintain an adequate supply of voter registration applications and
informational materials for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin Notice requirement. new text end

new text begin A notice of restoration of the civil right to vote and a
voter registration application must be provided as follows:
new text end

new text begin (1) the chief executive officer of each state and local correctional facility shall provide
the notice and application to a person being released from the facility following incarceration
for a felony-level offense; and
new text end

new text begin (2) a probation officer or supervised release agent shall provide the notice and application
to all individuals under correctional supervision for a felony-level offense.
new text end

new text begin Subd. 3. new text end

new text begin Form of notice. new text end

new text begin The notice required by subdivision 2 must appear substantially
as follows:
new text end

new text begin "NOTICE OF RESTORATION OF YOUR RIGHT TO VOTE.
new text end

new text begin Your receipt of this notice today means that your right to vote in Minnesota has been
restored. Before you can vote on election day, you still need to register to vote. To register,
you may complete a voter registration application and return it to the Office of the Minnesota
Secretary of State. You may also register to vote in your polling place on election day. You
will not be permitted to cast a ballot until you register to vote. The first time you appear at
your polling place to cast a ballot, you may be required to provide proof of your current
residence."
new text end

new text begin Subd. 4. new text end

new text begin Failure to provide notice. new text end

new text begin A failure to provide proper notice as required by
this section does not prevent the restoration of the person's civil right to vote.
new text end

Sec. 6.

Minnesota Statutes 2018, section 609.165, subdivision 1, is amended to read:

Subdivision 1.

Restoration.

When a person has been deprived of civil rights by reason
of conviction of a crime and is thereafter discharged, such discharge shall restore the person
to all civil rights and to full citizenship, with full right to deleted text begin vote and deleted text end hold office, the same as
if such conviction had not taken place, and the order of discharge shall so provide.