Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 1218

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 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 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 4.35 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 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7
6.8 6.9 6.10 6.11 6.12
6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5
7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21
8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 9.1 9.2
9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12
9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22
9.23 9.24

A bill for an act
relating to elections; changing certain procedures and requirements for absent
voters; providing for privacy of certain voter registration information; providing
for certain emergency situations; authorizing rulemaking; amending Minnesota
Statutes 2006, sections 201.091, subdivision 9; 203B.16, subdivision 2; 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 beginordeleted text end
identification card numbernew text begin, military identification card number, or passport numbernew text end.

Sec. 2.

Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read:


Subd. 2.

Permanent residence outside United States.

Sections 203B.16 to
203B.27 provide the exclusive voting procedure for United States citizens who are
living permanently outside the territorial limits of the United States who meet all the
qualifications of an eligible voter except residence in Minnesota, but who are authorized
by federal law to vote in Minnesota because they maintained residence in Minnesota for
at least 20 days immediately prior to their departure from the United Statesnew text begin or because,
although they have never resided in the United States, their parent maintained residence in
Minnesota for at least 20 days immediately before their parent departed from the United
States
new text end. Individuals described in this subdivision shall be permitted to vote only for the
offices of president, vice-president, senator in Congress, and representative in Congress.

Sec. 3.

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 military identification card number, passport number, or deleted text begin,deleted text endnew text begin Minnesota
driver's license or state identification card number;
new text end if the voter does not have deleted text begina valid
deleted text enddeleted text beginpassport or identification card, the signed statement of an individual authorized to
deleted text enddeleted text beginadminister oaths or a commissioned or noncommissioned officer of the military not
deleted text enddeleted text beginbelow the rank of sergeant or its equivalent, certifying that the voter or other individual
deleted text enddeleted text beginrequesting absentee ballots has attested to the truthfulness of the contents of the application
deleted text enddeleted text beginunder 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. 4.

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 beginmilitary identification card number, passport
number, Minnesota driver's license number or state identification card number,
new text endand
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. 5.

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 beginor 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. 6.

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
Statesnew text begin, unless the voter requests to have the ballots and related materials sent electronically
under section 203B.225
new text end. 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.

Sec. 7.

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 beginan affidavitdeleted text end
deleted text begin formdeleted text end new text begina 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 beginsame new text endvoter's military identification card number, passport number, ordeleted text begin,deleted text endnew text begin
Minnesota driver's license or state identification card number as provided on the absentee
ballot application;
new text end if the voter does not have deleted text begina valid passport or identification card,
deleted text enddeleted text beginthe signature and certification of an individual authorized to administer oaths under
deleted text enddeleted text beginfederal law or the law of the place where the oath was administered or commissioned deleted text enddeleted text beginor
noncommissioned personnel of the military not below the rank of sergeant or its
deleted text enddeleted text beginequivalentdeleted text endnew 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 beginaffidavitdeleted text end new text begincertificatenew 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. 8.

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. 9.

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. Upon receipt
of a ballot, the county auditor must immediately compare the information provided on
the absentee ballot application with the information provided on the certificate of voter
eligibility. After the information on the certificate of voter eligibility has been verified,
the certificate must be attached to the ballot secrecy envelope and placed with the other
absentee ballots for the precinct in which the voter resides.
new text end

new text begin Subd. 3. new text end

new text begin Rejecting transmitted ballots. new text end

new text begin If the county auditor cannot verify that the
ballots were returned by the same person to whom the absentee ballot application was
transmitted, the ballots must be rejected and no votes on the ballots may be counted.
new text end

Sec. 10.

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. 11.

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


203B.23 deleted text beginAPPLICATION RECORDS; DELIVERY TO ELECTION JUDGESdeleted text endnew 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 beginWhen 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 beginThe 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.
new text end

new text begin The absentee ballot board must 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. 12.

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 beginaffidavitdeleted text endnew 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 beginappearing on their copy
of the application records
deleted text end new text beginrecorded under section 203B.19 in the statewide registration
system
new text endto 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 beginsame new text endvoter's military identification number deleted text beginordeleted text endnew text begin,new 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 endnew text begin Minnesota driver's license or state identification card 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 begincasedeleted text endnew 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 beginaffidavitdeleted text endnew 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 beginVoting more than oncedeleted text endnew text begin Recording accepted and rejected ballotsnew text end.

The
election judges shall compare the voter's name with the names deleted text beginappearing on their copy
of the application records to insure that the voter has not already returned a ballot in
the election
deleted text endnew text begin recorded under section 203B.19 in the statewide registration systemnew text end. new text beginFor
each returned ballot,
new text endthe election judges must indicate on the record new text beginin the statewide
registration system
new text endwhether deleted text beginandeleted text end new text beginthe new text endabsentee ballot was accepted deleted text beginfor each applicant whose
name appears on the record
deleted text endnew text begin or rejectednew text end. deleted text beginIf 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. 13.

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


203B.25 deleted text beginDEATH OF VOTER; INDIVIDUALS VOTING UNDERdeleted text end SPECIAL
deleted text begin ABSENTEEdeleted text end new text beginELECTION DAY new text endPROCEDURES.

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. 14.

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 beginkept indeleted text end new text begingenerated from the statewide registration system for new text endeach 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 beginThe 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. 15.

new text begin [203B.28] EMERGENCY POWERS.
new text end

new text begin If the governor has declared an emergency and filed the declaration with the
secretary of state under section 12.31, or if a natural disaster or armed conflict involving
the United States Armed Forces, or mobilization of those forces, including National Guard
and reserve components of this state, makes substantial compliance with the Uniformed
and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of
state may prescribe, by emergency orders, special procedures or requirements necessary to
facilitate absentee voting by those citizens directly affected who otherwise are eligible to
vote in this state. The secretary of state shall adopt rules describing the emergency powers
and the situations in which the powers must be exercised.
new text end

Sec. 16. 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