Minnesota Legislature
SF 107
as introduced - 88th Legislature (2013 - 2014) Posted on 03/17/2014 09:52am
1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16
1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31
2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9
3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17
3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20
4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6
5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32
5.33 6.1 6.2 6.3 6.4 6.5 6.6
A bill for an act
relating to elections; voting; restoring the civil rights of an individual upon
release from incarceration; requiring notice; amending Minnesota Statutes 2012,
sections 201.014, by adding a subdivision; 201.071, subdivision 1; 201.155;
204C.08, subdivision 1d; 204C.10; 609.165, subdivision 1; 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 2012, 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 rights. new text end
new text begin
(a) For purposes of
this section, an individual convicted of a felony is restored to civil rights as soon as the
individual completes any incarceration imposed and executed by the court for the offense.
If the individual is later incarcerated for the same offense, the individual's civil rights are
lost only during the period of incarceration.
new text end
new text begin
(b) If an individual was convicted of a felony crime but was not incarcerated for the
felony conviction, the individual's civil rights are not removed.
new text end
Sec. 2.
Minnesota Statutes 2012, section 201.071, subdivision 1, is amended to read:
Subdivision 1.
Form.
A voter registration application must be of suitable size and
weight for mailing and 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 registration application may include the voter's e-mail address, if provided
by the voter, and 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) have the right to vote because, deleted text begin ifdeleted text end new text begin althoughnew text end I have been convicted of a felony, deleted text begin my
felony sentence has expired (been completed) or I have been discharged from my sentence
deleted text end new text begin I am not currently incarcerated for that offensenew 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.
Minnesota Statutes 2012, section 201.155, is amended to read:
201.155 REPORT ON FELONY CONVICTIONS.
Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state
court administrator shall report regularly by electronic means to the secretary of state
the name, address, date of birth, and, if available, driver's license or state identification
card number, date of sentence, effective date of the sentence, and county in which the
conviction occurred of each person who has been convicted of a felonynew text begin and sentenced to a
period of incarcerationnew text end . The state court administrator shall also report the name, address,
and date of birth of each person previously convicted of a felony whose civil rights have
been restored. The secretary of state shall determine if any of the persons in the report is
registered to vote and shall prepare a list of those registrants for each county auditor. The
county auditor shall change the status of those registrants in the appropriate manner in
the statewide registration system.
Sec. 4.
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
Department of Corrections for distribution to corrections officials, parole and supervised
release agents, and the public.
new text end
Sec. 5.
Minnesota Statutes 2012, section 204C.08, subdivision 1d, is amended to read:
Subd. 1d.
Voter's Bill of Rights.
The county auditor shall prepare and provide to
each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set
forth in this section. Before the hours of voting are scheduled to begin, the election judges
shall post it in a conspicuous location or locations in the polling place. The Voter's Bill
of Rights is as follows:
"VOTER'S BILL OF RIGHTS
For all persons residing in this state who meet federal voting eligibility requirements:
(1) You have the right to be absent from work for the purpose of voting without
reduction to your pay, personal leave, or vacation time on election day for the time
necessary to appear at your polling place, cast a ballot, and return to work.
(2) If you are in line at your polling place any time before 8:00 p.m., you have the
right to vote.
(3) If you can provide the required proof of residence, you have the right to register
to vote and to vote on election day.
(4) If you are unable to sign your name, you have the right to orally confirm your
identity with an election judge and to direct another person to sign your name for you.
(5) You have the right to request special assistance when voting.
(6) If you need assistance, you may be accompanied into the voting booth by a
person of your choice, except by an agent of your employer or union or a candidate.
(7) You have the right to bring your minor children into the polling place and into
the voting booth with you.
(8) deleted text begin If you have been convicted of a felony but your felony sentence has expired
(been completed) or you have been discharged from your sentence,deleted text end You have the right to
votenew text begin , even if you have been convicted of a felony, if you are not currently incarcerated for
the felony offensenew text end .
(9) If you are under a guardianship, you have the right to vote, unless the court
order revokes your right to vote.
(10) You have the right to vote without anyone in the polling place trying to
influence your vote.
(11) If you make a mistake or spoil your ballot before it is submitted, you have the
right to receive a replacement ballot and vote.
(12) You have the right to file a written complaint at your polling place if you are
dissatisfied with the way an election is being run.
(13) You have the right to take a sample ballot into the voting booth with you.
(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
booth with you."
Sec. 6.
Minnesota Statutes 2012, section 204C.10, is amended to read:
204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.
(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, deleted text begin the felony
sentence has expired or been completed ordeleted text end the individual has deleted text begin been discharged from the
sentencedeleted text end new text begin completed the term of incarceration, if any, for the felony offensenew text end , is registerednew text begin ,
new text end 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) A judge may, before the applicant signs the roster, confirm the applicant's name,
address, and date of birth.
(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.
Sec. 7.
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 inmates who
have been restored to civil rights. 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 civil rights 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 an inmate 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 CIVIL RIGHTS, INCLUDING
YOUR RIGHT TO VOTE.
new text end
new text begin
Your receipt of this notice today means that your civil rights have been restored.
This includes a restoration of your right to vote in Minnesota. 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 rights.
new text end
Sec. 8.
Minnesota Statutes 2012, section 609.165, subdivision 1, is amended to read:
Subdivision 1.
Restoration.
new text begin (a) new text end 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, deleted text begin with full right to vote and hold office,deleted text end the
same as if such conviction had not taken place, and the order of discharge shall so provide.
new text begin
(b) Section 201.014, subdivision 2a, governs the restoration of voting rights for
persons whose right to vote has been lost due to a felony conviction.
new text end