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SF 107

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/18/2014 09:03am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to elections; voting; restoring the voting 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; 201.12,
subdivision 2; 201.13, subdivision 3; 201.155; 203B.21, subdivision 3; 204C.08,
subdivision 1d; 204C.10; 609.165, subdivision 1; Minnesota Statutes 2013
Supplement, sections 201.12, subdivision 3; 201.14; 201.157; 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 new text begin maynew text end 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 201.12, subdivision 2, is amended to read:


Subd. 2.

Moved within state.

If any nonforwardable mailing from an election
official is returned as undeliverable but with a permanent forwarding address in this state,
the county auditor may change the voter's status to "inactive" in the statewide registration
system and shall transmit a copy of the mailing to the auditor of the county in which the
new address is located. If an election is scheduled to occur in the precinct in which the
voter resides in the next 47 days, the county auditor shall promptly update the voter's
address in the statewide voter registration system. If there is not an election scheduled, the
auditor may wait to update the voter's address until after the next list of address changes is
received from the secretary of state. Once updated, the county auditor shall mail to the
voter a notice stating the voter's name, address, precinct, and polling place, except that if
the voter's record is challenged due to new text begin incarceration for new text end a felony conviction, noncitizenship,
name change, incompetence, or a court's revocation of voting rights of individuals under
guardianship, the auditor must not mail the notice. The notice must advise the voter that
the voter's voting address has been changed and that the voter must notify the county
auditor within 21 days if the new address is not the voter's address of residence. The notice
must state that it must be returned if it is not deliverable to the voter at the named address.

Sec. 4.

Minnesota Statutes 2013 Supplement, section 201.12, subdivision 3, is
amended to read:


Subd. 3.

Moved out of state.

If any nonforwardable mailing from an election
official is returned as undeliverable but with a permanent forwarding address outside this
state, the county auditor shall promptly mail to the voter at the voter's new address a notice
advising the voter that the voter's status in the statewide voter registration system will be
changed to "inactive" unless the voter notifies the county auditor within 21 days that the
voter is retaining the former address as the voter's address of residence. If the voter's
record is challenged due to new text begin incarceration for new text end a felony conviction, lack of United States
citizenship, legal incompetence, or court-ordered revocation of voting rights of persons
under guardianship, the county auditor must not mail this notice. If the notice is not
received by the deadline, the county auditor shall change the voter's status to "inactive"
in the statewide voter registration system.

Sec. 5.

Minnesota Statutes 2012, section 201.13, subdivision 3, is amended to read:


Subd. 3.

Use of change of address system.

(a) At least once each month the
secretary of state shall obtain a list of individuals registered to vote in this state who
have filed with the United States Postal Service a change of their permanent address.
However, the secretary of state shall not load data derived from this list into the statewide
voter registration system within the 47 days before the state primary or 47 days before a
November general election.

(b) If the address is changed to another address in this state, the secretary of state
shall locate the precinct in which the voter resides, if possible. If the secretary of state
is able to locate the precinct in which the voter resides, the secretary must transmit the
information about the changed address by electronic means to the county auditor of the
county in which the new address is located. If the voter has not voted or submitted a voter
registration application since the address change, upon receipt of the information, the
county auditor shall update the voter's address in the statewide voter registration system.
The county auditor shall mail to the voter a notice stating the voter's name, address,
precinct, and polling place, unless the voter's record is challenged due to new text begin incarceration for
new text end a felony conviction, noncitizenship, name change, incompetence, or a court's revocation
of voting rights of individuals under guardianship, in which case the auditor must not
mail the notice. The notice must advise the voter that the voter's voting address has
been changed and that the voter must notify the county auditor within 21 days if the
new address is not the voter's address of residence. The notice must state that it must be
returned if it is not deliverable to the voter at the named address.

(c) If the change of permanent address is to an address outside this state, the
secretary of state shall notify by electronic means the auditor of the county where the
voter formerly resided that the voter has moved to another state. If the voter has not voted
or submitted a voter registration application since the address change, the county auditor
shall promptly mail to the voter at the voter's new address a notice advising the voter that
the voter's status in the statewide voter registration system will be changed to "inactive"
unless the voter notifies the county auditor within 21 days that the voter is retaining the
former address as the voter's address of residence, except that if the voter's record is
challenged due to a felony conviction, noncitizenship, name change, incompetence, or
a court's revocation of voting rights of individuals under guardianship, the auditor must
not mail the notice. If the notice is not received by the deadline, the county auditor shall
change the voter's status to "inactive" in the statewide voter registration system.

Sec. 6.

Minnesota Statutes 2013 Supplement, section 201.14, is amended to read:


201.14 COURT ADMINISTRATOR OF DISTRICT COURT; REPORT
CHANGES OF NAMES.

The state court administrator shall regularly report by electronic means to the
secretary of state the name, address, and, if available, driver's license or state identification
card number of each individual, 18 years of age or over, whose name was changed since
the last report, by marriage, divorce, or any order or decree of the court. The secretary
of state shall determine if any of the persons in the report are registered to vote under
their previous name and shall prepare a list of those registrants for each county auditor.
Upon receipt of the list, the county auditor shall make the change in the voter's record
and mail to the voter the notice of registration required by section 201.121, subdivision 2.
A notice must not be mailed if the voter's record is challenged due to new text begin incarceration for new text end a
felony conviction, lack of United States citizenship, legal incompetence, or court-ordered
revocation of voting rights of persons under guardianship.

Sec. 7.

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 incarceration
new 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. 8.

Minnesota Statutes 2013 Supplement, section 201.157, is amended to read:


201.157 USE OF DEPARTMENT OF CORRECTIONS DATA.

(a) The commissioner of corrections shall make electronic data available to the
secretary of state on individuals 18 years of age or older who are currentlydeleted text begin :
deleted text end

deleted text begin (1)deleted text end serving felony sentences under the commissioner's jurisdictiondeleted text begin ; or
deleted text end

deleted text begin (2) on probation for felony offenses that would result in the loss of civil rights, as
indicated by the statewide supervision system established under section 241.065
deleted text end .

The data must include the name, date of birth, deleted text begin last known residential address that is
not a correctional facility,
deleted text end and, if available, corrections' state identification number, and
the driver's license or state identification card number, and, if an individual has completed
the sentence, the date of discharge.

(b) The secretary of state must determine if any data newly indicates thatdeleted text begin :
deleted text end

deleted text begin (1)deleted text end an individual with an active voter registration in the statewide voter registration
system is currently deleted text begin servingdeleted text end new text begin incarcerated fornew text end a felony sentence under the commissioner's
jurisdiction deleted text begin or is on probation for a felony offense that would result in the loss of civil
rights
deleted text end and the individual's voter record does not already have a challenged status due
tonew text begin incarceration fornew text end a felony convictiondeleted text begin ;
deleted text end

deleted text begin (2) an individual with an active voter registration in the statewide voter registration
system who is currently serving a felony sentence under the commissioner's jurisdiction or
who is on probation for a felony offense that would result in the loss of civil rights appears
to have registered to vote or to have voted during a period when the individual's civil
rights were revoked; and
deleted text end

deleted text begin (3) an individual with a voter record that has a challenged status due to a felony
conviction who was serving a felony sentence under the commissioner's jurisdiction
or who has been on probation for a felony offense that would result in the loss of civil
rights has been discharged from a sentence
deleted text end .

new text begin (c) new text end The secretary of state shall prepare a list of the registrants deleted text begin included under clause
(1), (2), or (3)
deleted text end new text begin listed in paragraph (b)new text end for each county auditor. deleted text begin For individuals under
clause (1),
deleted text end The county auditor shall challenge the individual's record in the statewide voter
registration system. deleted text begin The county auditor must provide information to the county attorney
about individuals under clause (2) for the county attorney's investigation. For individuals
under clause (3), the county auditor must determine if the challenge status should be
removed from the voter record for the individual, and if so, must remove the challenge.
deleted text end

new text begin (d) new text end The secretary of state must make the required determinations and provide the
required lists to the county auditors at least monthly.

For each state general election that occurs prior to the statewide voter registration
system being programmed to generate lists as required by this section, the secretary of
state must make the determination and provide lists to the county auditors between 30 and
60 days before the election and again between six and ten weeks after the election. In the
year following that state election, the secretary of state must make this determination and
provide lists to the county auditors again as part of the annual list maintenance.

Sec. 9.

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. 10.

Minnesota Statutes 2012, section 203B.21, subdivision 3, is amended to read:


Subd. 3.

Back of return envelope.

On the back of the return envelope a certificate
shall appear with space for:

(1) the voter's address of present or former residence in Minnesota;

(2) the voter's current e-mail address, if the voter has one;

(3) a statement indicating the category described in section 203B.16 to which the
voter belongs;

(4) a statement that the voter has not cast and will not cast another absentee ballot
in the same election or elections;

(5) a statement that the voter personally marked the ballots without showing them to
anyone, or if physically unable to mark them, that the voter directed another individual
to mark them; and

(6) the same voter's passport number, Minnesota driver's license or state identification
card number, or the last four digits of the voter's Social Security number as provided on the
absentee ballot application; if the voter does not have access to any of these documents, the
voter may attest to the truthfulness of the contents of the certificate under penalty of perjury.

The certificate shall also contain a signed oath in the form required by section 705 of
the Help America Vote Act, Public Law 107-252, which must read:

"I swear or affirm, under penalty of perjury, that:

I am a member of the uniformed services or merchant marine on active duty or
an eligible spouse or dependent of such a member; a United States citizen temporarily
residing outside the United States; or other United States citizen residing outside the
United States; and I am a United States citizen, at least 18 years of age (or will be by
the date of the election), and I am eligible to vote in the requested jurisdiction; I deleted text begin have
not been convicted of a felony, or
deleted text end new text begin am not currently incarcerated for a felony offense; I
have not been convicted of any
new text end other disqualifying offense, or been adjudicated mentally
incompetent, or, if so, my voting rights have been reinstated; and I am not registering,
requesting a ballot, or voting in any other jurisdiction in the United States except the
jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in
private and have not allowed any person to observe the marking of the ballot, except for
those authorized to assist voters under state or federal law. I have not been influenced.

The information on this form is true, accurate, and complete to the best of my
knowledge. I understand that a material misstatement of fact in completion of this
document may constitute grounds for a conviction for perjury."

Sec. 11.

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 offense
new 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. 12.

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 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 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. 13.

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 RIGHT TO VOTE.
new text end

new text begin Your receipt of this notice means that your right to vote is restored upon release
from incarceration. 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 right to vote.
new text end

Sec. 14.

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