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SF 1218

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to elections; changing certain procedures and requirements for absent
voters; providing for privacy of certain voter registration information; amending
Minnesota Statutes 2006, sections 201.091, subdivision 9; 203B.17, subdivision
2; 203B.19; 203B.20; 203B.21, subdivisions 2, 3; 203B.22; 203B.23; 203B.24;
203B.25; 203B.26; proposing coding for new law in Minnesota Statutes, chapter
203B; repealing Minnesota Statutes 2006, section 203B.16, subdivision 3.

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

Section 1.

Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read:


Subd. 9.

Restricted data.

A list provided for public inspection or purchase, for
jury selection, or in response to a law enforcement inquiry, must not include a voter's
date of birth or any part of a voter's Social Security number, driver's license number, deleted text begin ordeleted text end
identification card numbernew text begin , military identification card number, or passport numbernew text end .

Sec. 2.

Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read:


Subd. 2.

Required information.

An application shall be accepted if it contains the
following information stated under oath:

(a) the voter's name, birthdate, and present address of residence in Minnesota, or
former address of residence in Minnesota if the voter is living permanently outside the
United States;

(b) a statement indicating that the voter is in the military, or is the spouse or
dependent of an individual serving in the military, or is temporarily outside the territorial
limits of the United States, or is living permanently outside the territorial limits of the
United States and voting under federal law;

(c) a statement that the voter expects to be absent from the precinct at the time
of the election;

(d) the address to which absentee ballots are to be mailed;

(e) the voter's signature or the signature and relationship of the individual authorized
to apply on the voter's behalf; and

(f) the voter's deleted text begin military identification card number,deleted text end passport number, deleted text begin or,deleted text end new text begin Minnesota
driver's license or state identification card number, or the last four digits of the voter's
social security number;
new text end if the voter does not have deleted text begin a valid deleted text end deleted text begin passport or identification card,
the signed statement of an individual authorized to
deleted text end deleted text begin administer oaths or a commissioned or
noncommissioned officer of the military not
deleted text end deleted text begin below the rank of sergeant or its equivalent,
certifying that the voter or other individual
deleted text end deleted text begin requesting absentee ballots has attested to the
truthfulness of the contents of the application
deleted text end deleted text begin under oath.
deleted text end

deleted text begin The oath taken must be the standard oath prescribed by section 101(b)(7) of the
Uniformed and Overseas Citizens Absentee Voting Act.
deleted text end

deleted text begin A form for providing this information shall be prepared by each county auditor and
shall be furnished to individuals who request it pursuant to this section.
deleted text end new text begin access to any of
these documents, the voter or other individual requesting absentee ballots may attest to the
truthfulness of the contents of the application under penalty of perjury.
new text end

Sec. 3.

Minnesota Statutes 2006, section 203B.19, is amended to read:


203B.19 RECORDING APPLICATIONS.

Upon accepting an application, the county auditor shall record in the statewide
registration system the voter's name, address of present or former residence in Minnesota,
mailing address, school district number, new text begin passport number, Minnesota driver's license
number or state identification card number, or the last four digits of the voter's social
security number,
new text end and whether the voter is in the military or the spouse or dependent of an
individual serving in the military, is a voter temporarily outside the territorial limits of the
United States, or is living permanently outside the territorial limits of the United States
and voting under federal law. The county auditor shall retain the record for six years. A
voter whose name is recorded as provided in this section shall not be required to register
under any other provision of law in order to vote under sections 203B.16 to 203B.27.
Persons from whom applications are not accepted must be notified by the county auditor
and provided with the reasons for the rejection.

No later than 60 days after the general election, the county auditor shall report to the
secretary of state the combined number of absentee ballots transmitted to absent voters
described in section 203B.16. No later than 60 days after the general election, the county
auditor shall report to the secretary of state the combined number of absentee ballots
returned and cast by absent voters described in section 203B.16. The secretary of state
may require the information be reported by category under section 203B.16 or by precinct.

No later than 90 days after the general election, the secretary of state shall report to
the federal Election Assistance Commission the number of absentee ballots transmitted
to voters under section 203B.16.

Sec. 4.

Minnesota Statutes 2006, section 203B.20, is amended to read:


203B.20 CHALLENGES.

Except as provided in this section, the eligibility or residence of a voter whose
application for absentee ballots is recorded under section 203B.19 may be challenged in
the manner set forth by section 201.195. The county auditor deleted text begin or municipal clerkdeleted text end shall not
be required to serve a copy of the petition and notice of hearing on the challenged voter.
If the absentee ballot application was submitted on behalf of a voter by an individual
authorized under section 203B.17, subdivision 1, paragraph (a), the county auditor must
attempt to notify the individual who submitted the application of the challenge. The
county auditor may contact other registered voters to request information that may resolve
any discrepancies appearing in the application. All reasonable doubt shall be resolved
in favor of the validity of the application. If the voter's challenge is affirmed, the county
auditor shall provide the challenged voter with a copy of the petition and the decision and
shall inform the voter of the right to appeal as provided in section 201.195.

Sec. 5.

Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read:


Subd. 2.

Mailing of ballots; return.

Ballots and instructions for marking them,
ballot envelopes, and return envelopes shall be sent by first class mail to addresses within
the continental United States and by air mail to addresses outside the continental United
States. The ballot envelope and return envelope shall be marked "Official Ballot," and
shall contain sufficient postage to assure proper return delivery. The return envelope shall
be addressed to comply with any method for return of absentee ballots as authorized under
section 203B.08, subdivision 2. new text begin The requirements of this subdivision do not apply to
ballots and related materials provided under section 203B.225.
new text end

Sec. 6.

Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read:


Subd. 3.

Back of return envelope.

On the back of the return envelope deleted text begin an affidavitdeleted text end
deleted text begin formdeleted text end new text begin a certificatenew text end shall appear with space for:

deleted text begin (a)deleted text end new text begin (1)new text end the voter's address of present or former residence in Minnesota;

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

deleted text begin (b)deleted text end new text begin (3)new text end a statement indicating the category described in section 203B.16 to which
the voter belongs;

deleted text begin (c)deleted text end new text begin (4)new text end a statement that the voter has not cast and will not cast another absentee ballot
in the same election or elections;

deleted text begin (d)deleted text end new text begin (5)new text end 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

deleted text begin (e)deleted text end new text begin (6)new text end the new text begin same new text end voter's deleted text begin military identification card number,deleted text end passport number, deleted text begin ordeleted text end deleted text begin ,deleted text end new text begin
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;
new text end if the voter
does not have deleted text begin a valid passport or identification card, deleted text end deleted text begin the signature and certification of an
individual authorized to administer oaths under
deleted text end deleted text begin federal law or the law of the place where
the oath was administered or commissioned
deleted text end deleted text begin or noncommissioned personnel of the military
not below the rank of sergeant or its
deleted text end deleted text begin equivalentdeleted text end new text begin access to any of these documents, the voter
may attest to the truthfulness of the contents of the certificate under penalty of perjury
new text end .

The deleted text begin affidavitdeleted text end new text begin certificatenew text end shall also contain a signed and dated 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 have not
been convicted of a felony, or 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.

My signature and date below indicate when I completed this document.

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. 7.

Minnesota Statutes 2006, section 203B.22, is amended to read:


203B.22 MAILING BALLOTS.

The county auditor shall mail the appropriate ballots, as promptly as possible, to an
absent voter whose application has been recorded under section 203B.19. If the county
auditor determines that a voter is not eligible to vote at the primary but will be eligible to
vote at the general election, only general election ballots shall be mailed. Only one set of
ballots shall be mailed to any applicant for any electionnew text begin , except that the county auditor
may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit
or whose mailing address has changed after the date on which the original application
was submitted as confirmed by the county auditor
new text end . Ballots to be sent outside the United
States shall be given priority in mailing. A county auditor may make use of any special
service provided by the United States government for the mailing of voting materials
under sections 203B.16 to 203B.27.

Sec. 8.

new text begin [203B.225] TRANSMITTING AND RETURNING BALLOTS.
new text end

new text begin Subdivision 1. new text end

new text begin Transmitting ballot and certificate of voter eligibility. new text end

new text begin A voter
described in section 203B.16 may include in an application for absentee ballots a request
that the ballots, instructions, and a certificate of voter eligibility meeting the requirements
of section 203B.21, subdivision 3, be transmitted to the voter electronically. Upon receipt
of a properly completed application requesting electronic transmission, the county auditor
shall electronically transmit the requested materials to the voter.
new text end

new text begin Subd. 2. new text end

new text begin Returning voted ballots. new text end

new text begin The voter must return the voted ballots and the
certificate of voter eligibility to the county auditor in a sealed envelope.
new text end

Sec. 9.

new text begin [203B.227] WRITE-IN ABSENTEE BALLOT.
new text end

new text begin An eligible voter who will be outside the territorial limits of the United States during
the 180 days prior to the state general election may use a state write-in absentee ballot to
vote in any federal, state, or local election. In a state or local election, a vote for a political
party without specifying the name of a candidate must not be counted.
new text end

Sec. 10.

Minnesota Statutes 2006, section 203B.23, is amended to read:


203B.23 deleted text begin APPLICATION RECORDS; DELIVERY TO ELECTION JUDGESdeleted text end new text begin
ABSENTEE BALLOT BOARD
new text end .

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

deleted text begin When election materials are transmitted to the
municipal clerks as provided in section 204B.28, subdivision 2, the county auditor shall
also transmit a certified copy of the record of applications compiled as provided in section
203B.19, for absentee ballots to be cast at that election in that town, school district, or city.
A certified copy of the record of additional applications received by the county auditor
after the ballots have been delivered shall also be delivered to the appropriate municipal
clerk. Each municipal clerk shall in turn deliver to the election judges in the appropriate
precincts the application records received from the county auditor.
deleted text end new text begin The county auditor
must establish an absentee ballot board for ballots issued under sections 203B.16 to
203B.27. The board may consist of staff trained and certified as election judges, in which
case, the board is exempt from sections 204B.19, subdivision 5, and 204C.15, relating
to party balance in appointment of judges and to duties to be performed by judges of
different major political parties.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The absentee ballot board must examine all returned absentee
ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject
the absentee ballots in the manner provided in section 203B.24. If the certificate of voter
eligibility is not printed on the return or administrative envelope, the certificate must
be attached to the ballot secrecy envelope.
new text end

new text begin The absentee ballot board must immediately examine the return envelopes and mark
them "accepted" or "rejected" during the 30 days before the election. If an envelope has
been rejected at least five days before the election, the ballots in the envelope must be
considered spoiled ballots and the official in charge of the absentee ballot board must
provide the voter with a replacement absentee ballot and return envelope in place of
the spoiled ballot.
new text end new text begin new text end

new text begin Subd. 3. new text end

new text begin Applicable laws. new text end

new text begin Except as otherwise provided in this section, all the
laws applicable to absentee ballots and absentee voters and all other provisions of the
Minnesota Election Law apply to an absentee ballot board.
new text end

Sec. 11.

Minnesota Statutes 2006, section 203B.24, is amended to read:


203B.24 DUTIES OF ELECTION JUDGES.

Subdivision 1.

Check of voter eligibility; proper execution of deleted text begin affidavitdeleted text end new text begin certificatenew text end .

Upon receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27,
the election judges shall compare the voter's name with the names deleted text begin appearing on their copy
of the application records
deleted text end new text begin recorded under section 203B.19 in the statewide registration
system
new text end to insure that the ballot is from a voter eligible to cast an absentee ballot under
sections 203B.16 to 203B.27. The election judges shall mark the return envelope
"Accepted" and initial or sign the return envelope below the word "Accepted" if the
election judges are satisfied that:

(1) the voter's name on the return envelope appears in substantially the same form as
on the application records provided to the election judges by the county auditor;

(2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
the Help America Vote Act, Public Law 107-252;

(3) the voter has set forth the new text begin same new text end voter's deleted text begin military identification number ordeleted text end passport
numbernew text begin ,new text end ordeleted text begin , if those numbers do not appear, a person authorized to administer oaths under
federal law or the law of the place where the oath was administered or a witness who is
military personnel with a rank at or above the rank of sergeant or its equivalent has signed
the ballot
deleted text end new text begin Minnesota driver's license or state identification card number, or the last four
digits of the voter's social security number as submitted on the application, if the voter
has one of these documents
new text end ; and

(4) the voter has not already voted at that election, either in person or by absentee
ballot.

new text begin If the identification number described in clause (3) does not match the number as
submitted on the application, the election judges must make a reasonable effort to satisfy
themselves through other information provided by the applicant, or by an individual
authorized to apply on behalf of the voter, that the ballots were returned by the same
person to whom the ballots were transmitted.
new text end

An absentee ballot deleted text begin casedeleted text end new text begin castnew text end pursuant to sections 203B.16 to 203B.27 may only be
rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot
within the security envelope before placing it in the outer white envelope is not a reason to
reject an absentee ballot.

Election judges must note the reason for rejection on the back of the envelope in the
space provided for that purpose.

Failure to return unused ballots shall not invalidate a marked ballot, but a ballot shall
not be counted if the deleted text begin affidavitdeleted text end new text begin certificatenew text end on the return envelope is not properly executed.
In all other respects the provisions of the Minnesota Election Law governing deposit and
counting of ballots shall apply.

Subd. 2.

deleted text begin Voting more than oncedeleted text end new text begin Recording accepted and rejected ballotsnew text end .

The
election judges shall compare the voter's name with the names deleted text begin appearing on their copy
of the application records to insure that the voter has not already returned a ballot in
the election
deleted text end new text begin recorded under section 203B.19 in the statewide registration systemnew text end . new text begin For
each returned ballot,
new text end the election judges must indicate on the record new text begin in the statewide
registration system
new text end whether deleted text begin andeleted text end new text begin the new text end absentee ballot was accepted deleted text begin for each applicant whose
name appears on the record
deleted text end new text begin or rejectednew text end . deleted text begin If a voter whose application has been recorded
under section 203B.19 casts a ballot in person on election day, no absentee ballot shall be
counted for that voter. If more than one return envelope is received from a voter whose
application has been recorded under section 203B.19, the ballots in the return envelope
bearing the latest date shall be counted and the uncounted ballots shall be returned by the
election judges with the rejected ballots. The election judges must preserve the record and
return it to the county auditor or municipal clerk with the election day materials.
deleted text end

Sec. 12.

Minnesota Statutes 2006, section 203B.25, is amended to read:


203B.25 deleted text begin DEATH OF VOTER; INDIVIDUALS VOTING UNDER SPECIAL
ABSENTEE
deleted text end new text begin ELECTION DAY SPECIAL new text end PROCEDURES.

new text begin Subdivision 1. new text end

new text begin Death of voter. new text end

If the election judges receive proof that a voter who
has returned an absentee ballot as provided in sections 203B.16 to 203B.27 has died
before the time when voting is scheduled to begin on election day, the ballot of that voter
shall be returned by the election judges with the rejected ballots. Notwithstanding the
other provisions of this section, the counting of the absentee ballot of a deceased voter
shall not invalidate the election.

new text begin Subd. 2. new text end

new text begin Voting more than once. new text end

new text begin If a voter whose application has been recorded
under section 203B.19 casts a ballot in person on election day, an absentee ballot from
that voter must not be counted. If more than one return envelope is received from a voter
whose application has been recorded under section 203B.19, the ballots in the return
envelope bearing the latest date must be counted and the uncounted ballots must be
returned by the election judges with the rejected ballots.
new text end

Sec. 13.

Minnesota Statutes 2006, section 203B.26, is amended to read:


203B.26 SEPARATE RECORD.

A separate record of the ballots of absent voters cast under sections 203B.16 to
203B.27 must be deleted text begin kept indeleted text end new text begin generated from the statewide registration system for new text end each precinctnew text begin
and provided to the election judges in the polling place on election day, along with the
returned envelopes marked "accepted" by the absentee ballot board
new text end . The content of the
record must be in a form prescribed by the secretary of state. new text begin The election judges in the
polling place must note on the record any envelopes that had been marked "accepted" by
the absentee ballot board but were not counted. The election judges must preserve the
record and return it to the county auditor or municipal clerk with the election day materials.
new text end

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 203B.16, subdivision 3, new text end new text begin is repealed.
new text end

Sec. 15. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective for elections held after June 1, 2008.
new text end