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SF 1104

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 01:02pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to elections; providing a system of automatic voter registration; amending
Minnesota Statutes 2020, sections 13.607, by adding a subdivision; 201.161;
201.162.

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

Section 1.

Minnesota Statutes 2020, section 13.607, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Data derived from driver's license, Minnesota identification card, or
learner's permit applications.
new text end

new text begin Data on an application for a driver's license, a Minnesota
identification card, or a learner's permit transferred to the secretary of state that are provided
by a person whom the secretary of state determines is not eligible to vote are governed by
section 201.161.
new text end

Sec. 2.

Minnesota Statutes 2020, section 201.161, is amended to read:


201.161 deleted text beginDRIVER'S LICENSE AND IDENTIFICATION CARD APPLICATIONSdeleted text endnew text begin
AUTOMATIC VOTER REGISTRATION
new text end.

new text begin Subdivision 1. new text end

new text begin Automatic registration. new text end

new text begin Except as otherwise provided in this section,
an individual must be registered to vote if the individual is eligible to vote under section
201.014 and properly completes and submits one of the following applications, if the
application otherwise requires documentation of citizenship:
new text end

new text begin (1) an application for a new or renewed Minnesota driver's license, instruction permit,
or identification card;
new text end

new text begin (2) an initial or renewal application for medical assistance under chapter 256B or
MinnesotaCare under chapter 256C; or
new text end

new text begin (3) an application for benefits or services to a state agency participating under subdivision
4.
new text end

new text begin Subd. 2. new text end

new text begin Option to decline registration. new text end

new text begin After an individual submits an application
qualifying for registration under this section, the individual must be provided, by mail, a
notice of the option and the procedures necessary to decline to be registered to vote. The
secretary of state may prescribe the form and content of this notice. An individual must not
be registered to vote if the individual declines to be registered within 20 days of submitting
the application. The individual must continue to be offered an opportunity to be registered
upon completion or submission of a qualifying application unless the individual presents
documentation demonstrating a lack of citizenship or a failure to meet other eligibility
criteria.
new text end

new text begin Subd. 3. new text end

new text begin Department of Public Safety. new text end

new text begin(a) new text endThe deleted text beginDepartmentdeleted text endnew text begin commissionernew text end of public
safety deleted text beginshalldeleted text endnew text begin, in consultation with the secretary of state, mustnew text end change deleted text beginitsdeleted text endnew text begin thenew text end applications for
an original, duplicate, or change of address driver's licensenew text begin, instruction permit,new text end or
identification card so that the forms may also serve as voter registration applicationsnew text begin, if the
application otherwise includes verification of the applicant's citizenship
new text end. The forms must
contain spaces for all information deleted text begincollected by voter registration applicationsdeleted text endnew text begin required to
register to vote, as
new text end prescribed by the secretary of state. deleted text beginApplicants for driver's licenses or
identification cards must be asked if they want to register to vote at the same time and that
deleted text endnew text begin
Unless the applicant has provided an address other than the applicant's address of residence
under section 171.12, subdivision 7, paragraph (d), the commissioner must transmit the
new text end
information deleted text beginmust be transmitted at least weeklydeleted text endnew text begin dailynew text end by electronic means to the secretary
of state. Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the
computerized driver's license record containing the voter's name, address, date of birth,new text begin
citizenship,
new text end driver's license number or state identification number,new text begin signature image,new text end county,
deleted text begin town,deleted text end and citynew text begin or townnew text end must be made available for access by the secretary of state and
interaction with the statewide voter registration system.new text begin At least monthly, the commissioner
must submit data to the secretary of state identifying the total number of people applying
for services in a manner that qualifies for voter registration under this section and the total
number of individuals whose records were actually transferred for registration.
new text end

new text begin (b) Information on an applicant for a form of an original, duplicate, or change of address
driver's license, instruction permit, or identification card that does not include verification
of citizenship must not be transmitted to the secretary of state. The commissioner must
provide these applicants with information on the voting eligibility and the requirements for
registering to vote at the time of the transaction.
new text end

new text begin (c) An applicant must not be registered to vote under this subdivision until the
commissioner of public safety has certified that the department's systems have been tested
and can accurately provide the required data, and the secretary of state has certified that the
system for automatic registration of those applicants has been tested and is capable of
properly determining whether an applicant is eligible to vote. The department's systems
must be tested and accurately provide the necessary date no later than June 1, 2022.
new text end

new text begin Subd. 4. new text end

new text begin Department of Human Services. new text end

new text begin (a) The commissioner of human services,
in consultation with the secretary of state, must ensure the applications described in
subdivision 1, clause (2), may also serve as voter registration applications for any individual
whose name appears on the application and for whom United States citizenship can be
verified. The applications must contain spaces for all information required to register to
vote, as prescribed by the secretary of state. The commissioner must transmit information
daily by electronic means to the secretary of state on any individual whose United States
citizenship has been verified. At least monthly, the commissioner must submit data to the
secretary of state identifying the total number of people applying for services in a manner
that qualifies for voter registration under this section and the total number of individuals
whose records were actually transferred for registration.
new text end

new text begin (b) An applicant must not be registered to vote under this subdivision until the
commissioner of human services has certified that the department's systems have been tested
and can accurately provide the required data, and the secretary of state has certified that the
system for automatic registration of those applicants has been tested and is capable of
properly determining whether an applicant is eligible to vote. The department's systems
must be tested and accurately provide the necessary date no later than June 1, 2022.
new text end

new text begin Subd. 5. new text end

new text begin Other agencies and units of government. new text end

new text begin (a) The commissioner of any state
agency, and the administrative head of any local government or the government of a federally
recognized Indian tribe within the state, in consultation with the secretary of state, may
cause any form or application within its jurisdiction to serve as a voter registration
application, if the form or application already provides verification of an applicant's United
States citizenship. The form or application must contain spaces for all information required
to register to vote, as prescribed by the secretary of state. The commissioner or administrative
head must transmit information daily by electronic means to the secretary of state on any
individual whose United States citizenship has been verified. At least monthly, the
commissioner must submit data to the secretary of state identifying the total number of
people applying for services in a manner that qualifies for voter registration under this
section, and the total number of individuals whose records were actually transferred for
registration.
new text end

new text begin (b) The commissioner or administrative head, in consultation with the secretary of state,
may cause any form or application within its jurisdiction to serve as an update to the address
on an applicant's existing voter registration record. The commissioner or administrative
head must transmit this information daily by electronic means to the secretary of state. At
least monthly, the commissioner or administrative head must submit data to the secretary
of state identifying the total number of people applying for services in a manner that qualifies
for a voter registration address update under this paragraph, and the total number of
individuals whose records were actually transferred for updates.
new text end

new text begin (c) An applicant must not be registered to vote under this subdivision until the agency's
commissioner, or the administrative head of the local or tribal government, has certified
that the necessary systems have been tested and can accurately provide the required data,
and the secretary of state has certified that the system for automatic registration of those
applicants has been tested and is capable of properly determining whether an applicant is
eligible to vote.
new text end

new text begin Subd. 6. new text end

new text begin Registration. new text end

new text begin (a) The secretary of state must determine whether an applicant
whose information is submitted under this section is currently registered in the statewide
voter registration system. For each currently registered voter whose registration is not
changed, the secretary of state must update the voter's registration date in the statewide
voter registration system. For each currently registered voter whose registration is changed,
the secretary of state must transmit the registration daily by electronic means to the county
auditor of the county where the voter resides.
new text end

new text begin (b) If the applicant is not currently registered in the statewide voter registration system,
the secretary of state must determine whether the applicant is 18 years of age or older and
a citizen of the United States. The secretary of state must also compare the voter registration
information received under section 201.145 to determine whether the applicant is eligible
to vote. If an applicant is younger than 18 years of age, the secretary of state must wait until
the applicant has turned 18 years of age to determine whether the applicant is eligible to
vote. For each applicant the secretary of state determines is an eligible voter, the secretary
of state must transmit the registration daily by electronic means to the county auditor of the
county where the voter resides.
new text end

new text begin (c) Any data on applicants who the secretary determines are not eligible to vote are
private data on individuals, as defined in section 13.02, subdivision 12.
new text end

new text begin (d) The county auditor must inactivate the voter's record in the statewide voter registration
system upon receipt of a written request, signed by the voter, that the registration be removed.
new text end

new text begin Subd. 7. new text end

new text begin Notice. new text end

new text begin Upon receipt of the registration information, the county auditor must
provide to the voter the notice of registration required by section 201.121, subdivision 2.
A notice mailed under this subdivision must include information on declining the registration
within the period authorized by subdivision 2, if the voter does not wish to be registered to
vote. The secretary of state may adopt rules prescribing the notice required by this
subdivision.
new text end

new text begin Subd. 8. new text end

new text begin Prosecution of registration violations; voluntary action required. new text end

new text begin Unless
an individual knows of the individual's ineligibility to vote and intentionally takes voluntary
action to become registered, the transfer of the individual's record under this section does
not constitute completion or submission of a voter registration application by that individual.
If an application is processed and the individual is registered by the state under this section,
the application and registration is presumed to have been officially authorized by the state
and the individual is not subject to penalty under this section or other applicable law if the
individual is subsequently determined to be ineligible.
new text end

new text begin Subd. 9. new text end

new text begin Effective date of registration. new text end

new text begin A registration application completed pursuant
to this section that is dated during the 20 days before an election is not effective until the
day after the election. This subdivision does not limit the ability of a person to register to
vote on election day as provided in section 201.061, subdivision 3. Any person who submits
an application under this section that is dated during the 20 days before an election shall be
provided at the time of application with a notice advising the applicant of the procedures
to register to vote on election day.
new text end

Sec. 3.

Minnesota Statutes 2020, section 201.162, is amended to read:


201.162 DUTIES OF STATE AGENCIES.

The commissioner or chief administrative officer of each state agency or
community-based public agency or nonprofit corporation that contracts with the state agency
to carry out obligations of the state agency shall provide voter registration services for
employees and the publicnew text begin, including, as applicable, automatic voter registration or information
on voter eligibility and registration procedures as required under section 201.161
new text end. A person
may complete a voter registration application or apply to change a voter registration name
or address if the person has the proper qualifications on the date of application. Nonpartisan
voter registration assistance, including routinely asking members of the public served by
the agency whether they would like to register to vote and, if necessary, assisting them in
preparing the registration forms must be part of the job of appropriate agency employees.

Sec. 4. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective July 1, 2021.
new text end