SF 1218

1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

1.1A bill for an act

1.2relating to elections; changing certain procedures and requirements for absent
1.3voters; providing for privacy of certain voter registration information; providing
1.4for certain emergency situations; amending Minnesota Statutes 2006, sections
1.5201.091, subdivision 9; 203B.16, subdivision 2; 203B.17, subdivision 2;
1.6203B.19; 203B.20; 203B.21, subdivisions 2, 3; 203B.22; 203B.23; 203B.24;
1.7203B.25; 203B.26; proposing coding for new law in Minnesota Statutes, chapter
1.8203B; repealing Minnesota Statutes 2006, section 203B.16, subdivision 3.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read:
1.11    Subd. 9. Restricted data. A list provided for public inspection or purchase, for
1.12jury selection, or in response to a law enforcement inquiry, must not include a voter's
1.13date of birth or any part of a voter's Social Security number, driver's license number, or
1.14identification card number, military identification card number, or passport number.

1.15    Sec. 2. Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read:
1.16    Subd. 2. Permanent residence outside United States. Sections 203B.16 to
1.17203B.27 provide the exclusive voting procedure for United States citizens who are
1.18living permanently outside the territorial limits of the United States who meet all the
1.19qualifications of an eligible voter except residence in Minnesota, but who are authorized
1.20by federal law to vote in Minnesota because they maintained residence in Minnesota for
1.21at least 20 days immediately prior to their departure from the United States or because,
1.22although they have never resided in the United States, their parent maintained residence in
1.23Minnesota for at least 20 days immediately before their parent departed from the United
1.24States. Individuals described in this subdivision shall be permitted to vote only for the
1.25offices of president, vice-president, senator in Congress, and representative in Congress.

2.1    Sec. 3. Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read:
2.2    Subd. 2. Required information. An application shall be accepted if it contains the
2.3following information stated under oath:
2.4    (a) the voter's name, birthdate, and present address of residence in Minnesota, or
2.5former address of residence in Minnesota if the voter is living permanently outside the
2.6United States;
2.7    (b) a statement indicating that the voter is in the military, or is the spouse or
2.8dependent of an individual serving in the military, or is temporarily outside the territorial
2.9limits of the United States, or is living permanently outside the territorial limits of the
2.10United States and voting under federal law;
2.11    (c) a statement that the voter expects to be absent from the precinct at the time
2.12of the election;
2.13    (d) the address to which absentee ballots are to be mailed;
2.14    (e) the voter's signature or the signature and relationship of the individual authorized
2.15to apply on the voter's behalf; and
2.16    (f) the voter's military identification card number, passport number, or , Minnesota
2.17driver's license or state identification card number; if the voter does not have a valid
2.18passport or identification card, the signed statement of an individual authorized to
2.19administer oaths or a commissioned or noncommissioned officer of the military not
2.20below the rank of sergeant or its equivalent, certifying that the voter or other individual
2.21requesting absentee ballots has attested to the truthfulness of the contents of the application
2.22under oath.
2.23    The oath taken must be the standard oath prescribed by section 101(b)(7) of the
2.24Uniformed and Overseas Citizens Absentee Voting Act.
2.25    A form for providing this information shall be prepared by each county auditor and
2.26shall be furnished to individuals who request it pursuant to this section. access to any of
2.27these documents, the voter or other individual requesting absentee ballots may attest to the
2.28truthfulness of the contents of the application under penalty of perjury.

2.29    Sec. 4. Minnesota Statutes 2006, section 203B.19, is amended to read:
2.30203B.19 RECORDING APPLICATIONS.
2.31    Upon accepting an application, the county auditor shall record in the statewide
2.32registration system the voter's name, address of present or former residence in Minnesota,
2.33mailing address, school district number, military identification card number, passport
2.34number, Minnesota driver's license number or state identification card number, and
2.35whether the voter is in the military or the spouse or dependent of an individual serving in
3.1the military, is a voter temporarily outside the territorial limits of the United States, or
3.2is living permanently outside the territorial limits of the United States and voting under
3.3federal law. The county auditor shall retain the record for six years. A voter whose name
3.4is recorded as provided in this section shall not be required to register under any other
3.5provision of law in order to vote under sections 203B.16 to 203B.27. Persons from whom
3.6applications are not accepted must be notified by the county auditor and provided with the
3.7reasons for the rejection.
3.8    No later than 60 days after the general election, the county auditor shall report to the
3.9secretary of state the combined number of absentee ballots transmitted to absent voters
3.10described in section 203B.16. No later than 60 days after the general election, the county
3.11auditor shall report to the secretary of state the combined number of absentee ballots
3.12returned and cast by absent voters described in section 203B.16. The secretary of state
3.13may require the information be reported by category under section 203B.16 or by precinct.
3.14    No later than 90 days after the general election, the secretary of state shall report to
3.15the federal Election Assistance Commission the number of absentee ballots transmitted
3.16to voters under section 203B.16.

3.17    Sec. 5. Minnesota Statutes 2006, section 203B.20, is amended to read:
3.18203B.20 CHALLENGES.
3.19    Except as provided in this section, the eligibility or residence of a voter whose
3.20application for absentee ballots is recorded under section 203B.19 may be challenged in
3.21the manner set forth by section 201.195. The county auditor or municipal clerk shall not
3.22be required to serve a copy of the petition and notice of hearing on the challenged voter.
3.23If the absentee ballot application was submitted on behalf of a voter by an individual
3.24authorized under section 203B.17, subdivision 1, paragraph (a), the county auditor must
3.25attempt to notify the individual who submitted the application of the challenge. The
3.26county auditor may contact other registered voters to request information that may resolve
3.27any discrepancies appearing in the application. All reasonable doubt shall be resolved
3.28in favor of the validity of the application. If the voter's challenge is affirmed, the county
3.29auditor shall provide the challenged voter with a copy of the petition and the decision and
3.30shall inform the voter of the right to appeal as provided in section 201.195.

3.31    Sec. 6. Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read:
3.32    Subd. 2. Mailing of ballots; return. Ballots and instructions for marking them,
3.33ballot envelopes, and return envelopes shall be sent by first class mail to addresses within
3.34the continental United States and by air mail to addresses outside the continental United
4.1States, unless the voter requests to have the ballots and related materials sent electronically
4.2under section 203B.225. The ballot envelope and return envelope shall be marked
4.3"Official Ballot," and shall contain sufficient postage to assure proper return delivery. The
4.4return envelope shall be addressed to comply with any method for return of absentee
4.5ballots as authorized under section 203B.08, subdivision 2.

4.6    Sec. 7. Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read:
4.7    Subd. 3. Back of return envelope. On the back of the return envelope an affidavit
4.8form a certificate shall appear with space for:
4.9    (a) (1) the voter's address of present or former residence in Minnesota;
4.10    (2) the voter's current e-mail address, if the voter has one;
4.11    (b) (3) a statement indicating the category described in section 203B.16 to which
4.12the voter belongs;
4.13    (c) (4) a statement that the voter has not cast and will not cast another absentee ballot
4.14in the same election or elections;
4.15    (d) (5) a statement that the voter personally marked the ballots without showing
4.16them to anyone, or if physically unable to mark them, that the voter directed another
4.17individual to mark them; and
4.18    (e) (6) the same voter's military identification card number, passport number, or,
4.19Minnesota driver's license or state identification card number as provided on the absentee
4.20ballot application; if the voter does not have a valid passport or identification card,
4.21the signature and certification of an individual authorized to administer oaths under
4.22federal law or the law of the place where the oath was administered or commissioned or
4.23noncommissioned personnel of the military not below the rank of sergeant or its equivalent
4.24access to any of these documents, the voter may attest to the truthfulness of the contents
4.25of the certificate under penalty of perjury.
4.26    The affidavit certificate shall also contain a signed and dated oath in the form required
4.27by section 705 of the Help America Vote Act, Public Law 107-252, which must read:
4.28    "I swear or affirm, under penalty of perjury, that:
4.29    I am a member of the uniformed services or merchant marine on active duty or
4.30an eligible spouse or dependent of such a member; a United States citizen temporarily
4.31residing outside the United States; or other United States citizen residing outside the
4.32United States; and I am a United States citizen, at least 18 years of age (or will be by the
4.33date of the election), and I am eligible to vote in the requested jurisdiction; I have not
4.34been convicted of a felony, or other disqualifying offense, or been adjudicated mentally
4.35incompetent, or, if so, my voting rights have been reinstated; and I am not registering,
5.1requesting a ballot, or voting in any other jurisdiction in the United States except the
5.2jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in
5.3private and have not allowed any person to observe the marking of the ballot, except for
5.4those authorized to assist voters under state or federal law. I have not been influenced.
5.5    My signature and date below indicate when I completed this document.
5.6    The information on this form is true, accurate, and complete to the best of my
5.7knowledge. I understand that a material misstatement of fact in completion of this
5.8document may constitute grounds for a conviction for perjury."

5.9    Sec. 8. Minnesota Statutes 2006, section 203B.22, is amended to read:
5.10203B.22 MAILING BALLOTS.
5.11    The county auditor shall mail the appropriate ballots, as promptly as possible, to an
5.12absent voter whose application has been recorded under section 203B.19. If the county
5.13auditor determines that a voter is not eligible to vote at the primary but will be eligible to
5.14vote at the general election, only general election ballots shall be mailed. Only one set of
5.15ballots shall be mailed to any applicant for any election, except that the county auditor
5.16may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit
5.17or whose mailing address has changed after the date on which the original application
5.18was submitted as confirmed by the county auditor. Ballots to be sent outside the United
5.19States shall be given priority in mailing. A county auditor may make use of any special
5.20service provided by the United States government for the mailing of voting materials
5.21under sections 203B.16 to 203B.27.

5.22    Sec. 9. [203B.225] TRANSMITTING AND RETURNING BALLOTS.
5.23    Subdivision 1. Transmitting ballot and certificate of voter eligibility. A voter
5.24described in section 203B.16 may include in an application for absentee ballots a request
5.25that the ballots, instructions, and a certificate of voter eligibility meeting the requirements
5.26of section 203B.21, subdivision 3, be transmitted to the voter electronically. Upon receipt
5.27of a properly completed application requesting electronic transmission, the county auditor
5.28shall electronically transmit the requested materials to the voter.
5.29    Subd. 2. Returning voted ballots. The voter must return the voted ballots and the
5.30certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt
5.31of a ballot, the county auditor must immediately compare the information provided on
5.32the absentee ballot application with the information provided on the certificate of voter
5.33eligibility. After the information on the certificate of voter eligibility has been verified,
6.1the certificate must be attached to the ballot secrecy envelope and placed with the other
6.2absentee ballots for the precinct in which the voter resides.
6.3    Subd. 3. Rejecting transmitted ballots. If the county auditor cannot verify that the
6.4ballots were returned by the same person to whom the absentee ballot application was
6.5transmitted, the ballots must be rejected and no votes on the ballots may be counted.

6.6    Sec. 10. [203B.227] WRITE-IN ABSENTEE BALLOT.
6.7    An eligible voter who will be outside the territorial limits of the United States during
6.8the 180 days prior to the state general election may use a state write-in absentee ballot to
6.9vote in any federal, state, or local election. In a state or local election, a vote for a political
6.10party without specifying the name of a candidate must not be counted.

6.11    Sec. 11. Minnesota Statutes 2006, section 203B.23, is amended to read:
6.12203B.23 APPLICATION RECORDS; DELIVERY TO ELECTION JUDGES
6.13ABSENTEE BALLOT BOARD.
6.14    Subdivision 1. Establishment. When election materials are transmitted to the
6.15municipal clerks as provided in section 204B.28, subdivision 2, the county auditor shall
6.16also transmit a certified copy of the record of applications compiled as provided in section
6.17203B.19, for absentee ballots to be cast at that election in that town, school district, or city.
6.18A certified copy of the record of additional applications received by the county auditor
6.19after the ballots have been delivered shall also be delivered to the appropriate municipal
6.20clerk. Each municipal clerk shall in turn deliver to the election judges in the appropriate
6.21precincts the application records received from the county auditor. The county auditor
6.22must establish an absentee ballot board for ballots issued under sections 203B.16 to
6.23203B.27. The board may consist of staff trained and certified as election judges, in which
6.24case, the board is exempt from sections 204B.19, subdivision 5, and 204C.15, relating
6.25to party balance in appointment of judges and to duties to be performed by judges of
6.26different major political parties.
6.27    Subd. 2. Duties. The absentee ballot board must examine all returned absentee
6.28ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject
6.29the absentee ballots in the manner provided in section 203B.24.
6.30    The absentee ballot board must examine the return envelopes and mark them
6.31"accepted" or "rejected" during the 30 days before the election. If an envelope has been
6.32rejected at least five days before the election, the ballots in the envelope must be considered
6.33spoiled ballots and the official in charge of the absentee ballot board must provide the
6.34voter with a replacement absentee ballot and return envelope in place of the spoiled ballot.
7.1    Subd. 3. Applicable laws. Except as otherwise provided in this section, all the
7.2laws applicable to absentee ballots and absentee voters and all other provisions of the
7.3Minnesota Election Law apply to an absentee ballot board.

7.4    Sec. 12. Minnesota Statutes 2006, section 203B.24, is amended to read:
7.5203B.24 DUTIES OF ELECTION JUDGES.
7.6    Subdivision 1. Check of voter eligibility; proper execution of affidavit certificate.
7.7    Upon receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27,
7.8the election judges shall compare the voter's name with the names appearing on their copy
7.9of the application records recorded under section 203B.19 in the statewide registration
7.10system to insure that the ballot is from a voter eligible to cast an absentee ballot under
7.11sections 203B.16 to 203B.27. The election judges shall mark the return envelope
7.12"Accepted" and initial or sign the return envelope below the word "Accepted" if the
7.13election judges are satisfied that:
7.14    (1) the voter's name on the return envelope appears in substantially the same form as
7.15on the application records provided to the election judges by the county auditor;
7.16    (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
7.17the Help America Vote Act, Public Law 107-252;
7.18    (3) the voter has set forth the same voter's military identification number or, passport
7.19number, or, if those numbers do not appear, a person authorized to administer oaths under
7.20federal law or the law of the place where the oath was administered or a witness who is
7.21military personnel with a rank at or above the rank of sergeant or its equivalent has signed
7.22the ballot Minnesota driver's license or state identification card number as submitted on
7.23the application, if the voter has one of these documents; and
7.24    (4) the voter has not already voted at that election, either in person or by absentee
7.25ballot.
7.26    If the identification number described in clause (3) does not match the number as
7.27submitted on the application, the election judges must make a reasonable effort to satisfy
7.28themselves through other information provided by the applicant, or by an individual
7.29authorized to apply on behalf of the voter, that the ballots were returned by the same
7.30person to whom the ballots were transmitted.
7.31    An absentee ballot case cast pursuant to sections 203B.16 to 203B.27 may only be
7.32rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot
7.33within the security envelope before placing it in the outer white envelope is not a reason to
7.34reject an absentee ballot.
8.1    Election judges must note the reason for rejection on the back of the envelope in the
8.2space provided for that purpose.
8.3    Failure to return unused ballots shall not invalidate a marked ballot, but a ballot shall
8.4not be counted if the affidavit certificate on the return envelope is not properly executed.
8.5In all other respects the provisions of the Minnesota Election Law governing deposit and
8.6counting of ballots shall apply.
8.7    Subd. 2. Voting more than once Recording accepted and rejected ballots. The
8.8election judges shall compare the voter's name with the names appearing on their copy
8.9of the application records to insure that the voter has not already returned a ballot in
8.10the election recorded under section 203B.19 in the statewide registration system. For
8.11each returned ballot, the election judges must indicate on the record in the statewide
8.12registration system whether an the absentee ballot was accepted for each applicant whose
8.13name appears on the record or rejected. If a voter whose application has been recorded
8.14under section 203B.19 casts a ballot in person on election day, no absentee ballot shall be
8.15counted for that voter. If more than one return envelope is received from a voter whose
8.16application has been recorded under section 203B.19, the ballots in the return envelope
8.17bearing the latest date shall be counted and the uncounted ballots shall be returned by the
8.18election judges with the rejected ballots. The election judges must preserve the record and
8.19return it to the county auditor or municipal clerk with the election day materials.

8.20    Sec. 13. Minnesota Statutes 2006, section 203B.25, is amended to read:
8.21203B.25 DEATH OF VOTER; INDIVIDUALS VOTING UNDER SPECIAL
8.22ABSENTEE ELECTION DAY PROCEDURES.
8.23    Subdivision 1. Death of voter. If the election judges receive proof that a voter who
8.24has returned an absentee ballot as provided in sections 203B.16 to 203B.27 has died
8.25before the time when voting is scheduled to begin on election day, the ballot of that voter
8.26shall be returned by the election judges with the rejected ballots. Notwithstanding the
8.27other provisions of this section, the counting of the absentee ballot of a deceased voter
8.28shall not invalidate the election.
8.29    Subd. 2. Voting more than once. If a voter whose application has been recorded
8.30under section 203B.19 casts a ballot in person on election day, an absentee ballot from
8.31that voter must not be counted. If more than one return envelope is received from a voter
8.32whose application has been recorded under section 203B.19, the ballots in the return
8.33envelope bearing the latest date must be counted and the uncounted ballots must be
8.34returned by the election judges with the rejected ballots.

9.1    Sec. 14. Minnesota Statutes 2006, section 203B.26, is amended to read:
9.2203B.26 SEPARATE RECORD.
9.3    A separate record of the ballots of absent voters cast under sections 203B.16 to
9.4203B.27 must be kept in generated from the statewide registration system for each precinct
9.5and provided to the election judges in the polling place on election day, along with the
9.6returned envelopes marked "accepted" by the absentee ballot board. The content of the
9.7record must be in a form prescribed by the secretary of state. The election judges in the
9.8polling place must note on the record any envelopes that had been marked "accepted" by
9.9the absentee ballot board but were not counted. The election judges must preserve the
9.10record and return it to the county auditor or municipal clerk with the election day materials.

9.11    Sec. 15. [203B.28] EMERGENCY POWERS.
9.12    If the governor has declared an emergency and filed the declaration with the
9.13secretary of state under section 12.31, or if a natural disaster or armed conflict involving
9.14the United States Armed Forces, or mobilization of those forces, including National Guard
9.15and reserve components of this state, makes substantial compliance with the Uniformed
9.16and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of
9.17state may prescribe, by emergency orders, special procedures or requirements necessary to
9.18facilitate absentee voting by those citizens directly affected who otherwise are eligible
9.19to vote in this state.

9.20    Sec. 16. REPEALER.
9.21Minnesota Statutes 2006, section 203B.16, subdivision 3, is repealed.