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SF 489

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 09:40am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to elections; regulating access to certain lists of voter data related to the
presidential nomination primary; allowing voters to request that their data be
excluded from the lists; amending Minnesota Statutes 2020, section 201.091,
subdivision 4a.


Section 1.

Minnesota Statutes 2020, section 201.091, subdivision 4a, is amended to read:

Subd. 4a.

Presidential primary political party list.

new text begin(a) Except as provided in paragraph
new text endthe secretary of state must maintain a list of the voters who voted in a presidential
nomination primary and the political party each voter selectednew text begin, sorted by party choicenew text end.
Information maintained on the list is private data on individuals as defined under section
13.02, subdivision 12, except that the secretary of state must provide deleted text beginthe listdeleted text end new text beginthe portion of
the list that identifies the voters that cast ballots for a party
new text end to deleted text beginthe chairdeleted text endnew text begin a single representativenew text end
of deleted text begineachdeleted text end new text beginthatnew text end major political deleted text beginparty.deleted text endnew text begin party's national committee, as designated by the chair of
the party's national committee. In order to receive the presidential nomination primary voter
list under this paragraph, the chair of a major political party must submit a written request
and acknowledgment of the requirements, remedies, and penalties provided in paragraph
(b). Within ten days after a list is received by a party's representative, the secretary of state
must destroy any data identifying a voter's party choice maintained within the statewide
voter registration system that was used to compile the list. The secretary must request that
the party's representative provide a written confirmation of receipt for this purpose.
new text end

new text begin (b) A major political party representative, as designated under paragraph (a), may only
use the data contained on a list provided under this subdivision to verify compliance with
applicable national party rules governing the nomination of a candidate for president of the
United States. The list must not be distributed to any other person or used for any other
purpose. A person who violates this paragraph is subject to the remedies and penalties
provided in sections 13.08 and 13.09 in the same manner as would apply to a responsible
authority, and a major political party is subject to the remedies and penalties in the same
manner as would apply to a government entity under those sections, except that a major
political party is liable for exemplary damages under section 13.08, subdivision 1, regardless
of whether its violation of this paragraph was willful. The secretary of state must not provide
a list under this subdivision to a representative of a national committee who has not submitted
the request and written acknowledgment required by paragraph (a).
new text end

new text begin (c) Upon receipt of a statement signed by a voter that the voter wishes to be removed
from any list provided to the representative of a political party under paragraph (a), the
secretary of state and county auditor must remove all data on that voter from the list. The
secretary of state must provide a form that may be used by voters for this purpose on the
secretary's website. Statements received by the secretary of state or county auditor under
this paragraph are private data on individuals, as defined in section 13.02, subdivision 12.
new text end

new text begin EFFECTIVE DATE. new text end

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