Minnesota Legislature
SF 385
2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - 2nd Engrossment
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A bill for an act
relating to elections; making it easier to vote by absentee ballot; amending
Minnesota Statutes 2004, sections 203B.02, subdivision 1; 203B.06, subdivision
3; 203B.11, subdivision 4; Minnesota Statutes 2005 Supplement, sections
203B.04, subdivision 1; 203B.11, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 203B.02, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin unable to go to polling place deleted text end new text begin eligibility for absentee voting new text end .
Any
eligible voter deleted text begin who reasonably expects to be unable to go to the polling place on election
day in the precinct where the individual maintains residence because of absence from the
precinct, illness, disability, religious discipline, observance of a religious holiday, or
service as an election judge in another precinct deleted text end may vote by absentee ballot as provided
in sections 203B.04 to 203B.15.
Sec. 2.
Minnesota Statutes 2005 Supplement, section 203B.04, subdivision 1, is
amended to read:
Subdivision 1.
Application procedures.
Except as otherwise allowed by
subdivision 2, an application for absentee ballots for any election may be submitted at
any time not less than one day before the day of that election. The county auditor shall
prepare absentee ballot application forms in the format provided by the secretary of state,
notwithstanding rules on absentee ballot forms, and shall furnish them to any person on
request. By January 1 of each even-numbered year, the secretary of state shall make the
forms to be used available to auditors through electronic means. An application submitted
pursuant to this subdivision shall be in writing and shall be submitted to:
deleted text begin (a)deleted text end new text begin (1) new text end the county auditor of the county where the applicant maintains residence; or
deleted text begin (b)deleted text end new text begin (2) new text end the municipal clerk of the municipality, or school district if applicable, where
the applicant maintains residence.
An application shall be approved if it is timely received, signed and dated by the
applicant, contains the applicant's name and residence and mailing addresses, and states
that the applicant is eligible to vote by absentee ballot deleted text begin for one of the reasons specified in
section 203B.02deleted text end . The application may contain a request for the voter's date of birth, which
must not be made available for public inspection. An application may be submitted to
the county auditor or municipal clerk by an electronic facsimile device. An application
mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
by a person other than the voter must be deposited in the mail or returned in person to
the county auditor or municipal clerk within ten days after it has been dated by the voter
and no later than six days before the election. The absentee ballot applications or a list of
persons applying for an absentee ballot may not be made available for public inspection
until the close of voting on election day.
An application under this subdivision may contain an application under subdivision
5 to automatically receive an absentee ballot application.
Sec. 3.
Minnesota Statutes 2004, section 203B.06, subdivision 3, is amended to read:
Subd. 3.
Delivery of ballots.
If an application for absentee ballots is accepted at a
time when absentee ballots are not yet available for distribution, the county auditor, or
municipal clerk accepting the application shall file it and as soon as absentee ballots are
available for distribution shall mail them to the address specified in the application. If
an application for absentee ballots is accepted when absentee ballots are available for
distribution, the county auditor or municipal clerk accepting the application shall promptly:
deleted text begin (a) deleted text end new text begin (1) new text end mail the ballots to the voter whose signature appears on the application if
the application is submitted by mail new text begin and does not request commercial shipping under
clause (2);
new text end
new text begin (2) ship the ballots to the voter using a commercial shipper requested by the voter at
the voter's expensenew text end ;
deleted text begin (b) deleted text end new text begin (3) new text end deliver the absentee ballots directly to the voter if the application is submitted
in person; or
deleted text begin (c) deleted text end new text begin (4) new text end deliver the absentee ballots in a sealed transmittal envelope to an agent who
has been designated to bring the ballots to a voter new text begin who is disabled or new text end who is a patient in
a health care facilitynew text begin , a participant in a residential program for adults, or a resident of a
shelter for battered womennew text end , as provided in section 203B.11, subdivision 4.
If an application does not indicate the election for which absentee ballots are sought,
the county auditor or municipal clerk shall mail or deliver only the ballots for the next
election occurring after receipt of the application. Only one set of ballots may be mailed
deleted text begin ordeleted text end new text begin , shipped, ornew text end delivered to an applicant for any election, except as provided in section
203B.13, subdivision 2, or when a replacement ballot has been requested by the voter for a
ballot that has been spoiled or lost in transit.
Sec. 4.
Minnesota Statutes 2005 Supplement, section 203B.11, subdivision 1, is
amended to read:
Subdivision 1.
Generally.
Each full-time municipal clerk or school district clerk
who has authority under section 203B.05 to administer absentee voting laws shall
designate election judges to deliver absentee ballots in accordance with this section. The
county auditor must also designate election judges to perform the duties in this section. A
ballot may be delivered only to an eligible voter new text begin who is disabled or new text end who is a temporary
or permanent resident or patient in a health care facility deleted text begin or hospitaldeleted text end new text begin , a participant in a
residential program for adults, or a resident of a shelter for battered womennew text end located in the
municipality in which the voter maintains residence. The ballots shall be delivered by two
election judges, each of whom is affiliated with a different major political party. When
the election judges deliver or return ballots as provided in this section, they shall travel
together in the same vehicle. Both election judges shall be present when an applicant
completes the certificate of eligibility and marks the absentee ballots, and may assist an
applicant as provided in section 204C.15. The election judges shall deposit the return
envelopes containing the marked absentee ballots in a sealed container and return them to
the clerk on the same day that they are delivered and marked.
Sec. 5.
Minnesota Statutes 2004, section 203B.11, subdivision 4, is amended to read:
Subd. 4.
Agent delivery of ballots.
During the four days preceding an election and
until 2:00 p.m. on election day, an eligible voter new text begin who is disabled or new text end who is a patient of a
health care facilitynew text begin , a participant in a residential program for adults licensed under section
245A.02, subdivision 14, or a resident of a shelter for battered women as defined in section
611A.37, subdivision 4,new text end may designate an agent to deliver the ballots to the voter from the
county auditor or municipal clerk. A candidate at the election may not be designated as
an agent. The voted ballots must be returned to the county auditor or municipal clerk no
later than 3:00 p.m. on election day. The voter must complete an affidavit requesting the
auditor or clerk to provide the agent with the ballots in a sealed transmittal envelope. The
affidavit must include a statement from the voter stating that the ballots were delivered to
the voter by the agent in the sealed transmittal envelope. An agent may deliver ballots to
no more than three persons in any election. The secretary of state shall provide samples of
the affidavit and transmission envelope for use by the county auditors.