SF 1310

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

A bill for an act
relating to elections; clarifying certain procedures and terminology; changing
or eliminating certain requirements; changing certain duties; amending
Minnesota Statutes 2006, sections 103C.305, subdivision 3; 201.054, subdivision
1; 201.061, subdivision 4; 201.071, subdivisions 3, 4; 201.081; 201.091,
subdivisions 1, 8; 201.27, subdivision 1; 203B.04, subdivisions 1, 4; 203B.05,
subdivision 2; 203B.07, subdivision 1; 203B.08, subdivision 3; 203B.10;
204B.06, subdivision 8; 204B.08, subdivision 3; 205A.10, subdivision 1;
205A.11, subdivision 2; 206.82, subdivision 2; Laws 2004, chapter 293, article
1, section 37, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to
read:

Subd. 3.

Ballots.

Ballots shall be prepared by the county auditor. The names of
candidates shall be placed on the "canary ballot" described in section 204D.11, subdivision
3. new text begin The office title printed on the ballot must be either "Soil and Water Conservation
District Supervisor" or "Conservation District Supervisor," based upon the district from
which the supervisor is to be elected. new text end

Sec. 2.

Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read:

Subdivision 1.

Registration.

An individual may register to vote:

(1) at any time before the 20th day preceding any election as provided in section
201.061, subdivision 1;

(2) on the day of an election as provided in section 201.061, subdivision 3; or

(3) when submitting an absentee ballot, by enclosing a completed registration deleted text begin card deleted text end
new text begin application new text end as provided in section 203B.04, subdivision 4.

Sec. 3.

Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read:

Subd. 4.

Registration by election judges; procedures.

Registration at the polling
place on election day shall be conducted by the election judges. The election judge who
registers an individual at the polling place on election day shall not handle that voter's
ballots at any time prior to the opening of the ballot box after the voting ends. Registration
deleted text begin cards deleted text end new text begin applications new text end and forms for oaths shall be available at each polling place. If an
individual who registers on election day proves residence by oath of a registered voter, the
form containing the oath shall be attached to the individual's registration deleted text begin card deleted text end new text begin application new text end .
Registration deleted text begin cards deleted text end new text begin applications new text end completed on election day shall be forwarded to the
county auditor who shall add the name of each voter to the registration system unless the
information forwarded is substantially deficient. A county auditor who finds an election
day registration substantially deficient shall give written notice to the individual whose
registration is found deficient. An election day registration shall not be found deficient
solely because the individual who provided proof of residence was ineligible to do so.

Sec. 4.

Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read:

Subd. 3.

Deficient registration.

No voter registration application is deficient if it
contains the voter's name, address, date of birth, 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 number, the last four
digits of the voter's Social Security number, if the voter has been issued a Social Security
number, prior registration, if any, and signature. The absence of a zip code number does
not cause the registration to be deficient. Failure to check a box on an application form
that a voter has certified to be true does not cause the registration to be deficient. The
election judges shall request an individual to correct a voter registration application if it is
deficient or illegible deleted text begin or if the name or number of the voter's school district is missing or
obviously incorrect deleted text end . No eligible voter may be prevented from voting unless the voter's
registration application is deficient or the voter is duly and successfully challenged in
accordance with section 201.195 or 204C.12.

A voter registration application accepted prior to August 1, 1983, is not deficient
for lack of date of birth. The county or municipality may attempt to obtain the date of
birth for a voter registration application accepted prior to August 1, 1983, by a request to
the voter at any time except at the polling place. Failure by the voter to comply with this
request does not make the registration deficient.

A voter registration application accepted before January 1, 2004, is not deficient for
lack of a valid Minnesota driver's license or state identification number or the last four
digits of a Social Security number. A voter registration application submitted by a voter
who does not have a Minnesota driver's license or state identification number, or a Social
Security number, is not deficient for lack of any of these numbers.

Sec. 5.

Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read:

Subd. 4.

Change of registration.

deleted text begin Any deleted text end new text begin A new text end county auditor who receives a registration
deleted text begin card deleted text end new text begin application new text end indicating that an individual was previously registered in a different
county in Minnesota shall deleted text begin notify the county auditor of that county deleted text end new text begin update the voter's
record new text end electronically through the statewide registration system in the manner prescribed
deleted text begin in the rules of deleted text end new text begin by new text end the secretary of state. deleted text begin A county auditor receiving a registration card
indicating that a voter was previously registered in a different precinct in the same county
or receiving a notification as provided in this subdivision shall remove that individual's
voter registration card from the files. Any deleted text end new text begin A new text end county auditor who receives a registration
deleted text begin card deleted text end new text begin application new text end or notification requiring a change of registration records under this
subdivision as a result of an election day registration shall also check the statewide
registration system to determine whether the individual voted in more than one precinct in
the most recent election.

Sec. 6.

Minnesota Statutes 2006, section 201.081, is amended to read:

201.081 REGISTRATION FILES.

The statewide registration system is the official record of registered voters. The
voter registration deleted text begin cards deleted text end new text begin applications new text end and the terminal providing access to the statewide
registration system must be under the control of the county auditor or the public official to
whom the county auditor has delegated the responsibility for maintaining voter registration
records. The voter registration deleted text begin cards deleted text end new text begin applications new text end and terminals providing access to the
statewide registration system must not be removed from the control of the county auditor
except as provided in this subdivision. The county auditor may make photographic copies
of voter registration deleted text begin cards deleted text end new text begin applications new text end in the manner provided by section 138.17.

A properly completed voter registration deleted text begin card deleted text end new text begin application new text end that has been submitted to
the secretary of state or a county auditor must be maintained by the secretary of state or
the county auditor for at least 22 months after the date that the information on the deleted text begin card deleted text end
new text begin application new text end is entered into the database of the statewide registration system. The secretary
of state or the county auditor may dispose of the deleted text begin cards deleted text end new text begin applications new text end after retention for 22
months in the manner provided by section 138.17.

Sec. 7.

Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read:

Subdivision 1.

Master list.

Each county auditor shall prepare and maintain a
current list of registered voters in each precinct in the county which is known as the
master list. The master list must be created by entering each completed voter registration
deleted text begin card deleted text end new text begin application new text end received by the county auditor into the statewide registration system. It
must show the name, residence address, and date of birth of each voter registered in
the precinct. The information contained in the master list may only be made available
to public officials for purposes related to election administration, jury selection, and in
response to a law enforcement inquiry concerning a violation of or failure to comply with
any criminal statute or state or local tax statute.

Sec. 8.

Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read:

Subd. 8.

Registration places.

Each county auditor shall designate a number of
public buildings in those political subdivisions of the county where preregistration of
voters is allowed as provided in section 201.061, subdivision 1, where eligible voters may
register to vote. At least one public building must be designated for each 30,000 residents
of the county. At least one telecommunications device for the deaf must be available for
voter registration information in each county seat and in every city of the first, second,
and third class.

An adequate supply of registration deleted text begin cards deleted text end new text begin applications new text end and instructions must be
maintained at each designated location, and a designated individual must be available
there to accept registration deleted text begin cards deleted text end new text begin applications new text end and transmit them to the county auditor.

A person who, because of disability, needs assistance in order to determine eligibility
or to register must be assisted by a designated individual. Assistance includes but is not
limited to reading the registration form and instructions and filling out the registration
form as directed by the eligible voter.

Sec. 9.

Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read:

Subdivision 1.

Intentional violation.

No officer, deputy, clerk, or other employee
shall intentionally:

(1) fail to perform or enforce any of the provisions of this chapter except subdivision
2;

(2) remove a registration deleted text begin card deleted text end new text begin application new text end or record from its proper place in the
registration files in a manner or for a purpose not authorized by law;

(3) destroy or make an unauthorized change to a record required to be kept by
this chapter; or

(4) add a name or names to the voter registration files, records, or deleted text begin cards deleted text end new text begin applications new text end ,
except as authorized by law.

An individual who violates this subdivision is guilty of a felony.

Sec. 10.

Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:

Subdivision 1.

Application procedures.

Except as otherwise allowed by
subdivision 2 new text begin or by section 203B.11, subdivision 4 new text end , an application for absentee ballots
for any election may be submitted at any time not less than one day before the day of
that election. The county auditor shall prepare absentee ballot application forms in the
format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
and shall furnish them to any person on request. By January 1 of each even-numbered
year, the secretary of state shall make the forms to be used available to auditors through
electronic means. An application submitted pursuant to this subdivision shall be in writing
and shall be submitted to:

(a) the county auditor of the county where the applicant maintains residence; or

(b) the municipal clerk of the municipality, or school district if applicable, where
the applicant maintains residence.

An application shall be approved if it is timely received, signed and dated by the
applicant, contains the applicant's name and residence and mailing addresses, and states
that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
section 203B.02. The application may contain a request for the voter's date of birth, which
must not be made available for public inspection. An application may be submitted to
the county auditor or municipal clerk by an electronic facsimile device. An application
mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
by a person other than the voter must be deposited in the mail or returned in person to
the county auditor or municipal clerk within ten days after it has been dated by the voter
and no later than six days before the election. The absentee ballot applications or a list of
persons applying for an absentee ballot may not be made available for public inspection
until the close of voting on election day.

An application under this subdivision may contain an application under subdivision
5 to automatically receive an absentee ballot application.

Sec. 11.

Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read:

Subd. 4.

Registration at time of application.

An eligible voter who is not
registered to vote but who is otherwise eligible to vote by absentee ballot may register by
including a completed voter registration deleted text begin card deleted text end new text begin application new text end with the absentee ballot. The
individual shall present proof of residence as required by section 201.061, subdivision
3, to the individual who witnesses the marking of the absentee ballots. A military voter,
as defined in section 203B.01, may register in this manner if voting pursuant to sections
203B.04 to 203B.15, or may register pursuant to sections 203B.16 to 203B.27.

Sec. 12.

Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read:

Subd. 2.

City, school district, and town elections.

For city new text begin , town, and school
district new text end elections not held on the same day as a statewide election, deleted text begin for school district
elections not held on the same day as a statewide election, and for town elections
conducted under the Australian ballot system, deleted text end applications for absentee ballots shall be
filed with the city, school district, or town clerk and the duties prescribed by this chapter for
the county auditor shall be performed by the city, school district, or town clerk unless the
county auditor agrees to perform those duties on behalf of the city, school district, or town
clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by
this subdivision shall be paid by the city, town, or school district holding the election.

Notwithstanding any other law, this chapter applies to school district elections held
on the same day as a statewide election or an election for a county or municipality wholly
or partially within the school district.

Sec. 13.

Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read:

Subdivision 1.

Delivery of envelopes, directions.

The county auditor or the
municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
a copy of the directions for casting an absentee ballot to each applicant whose application
for absentee ballots is accepted pursuant to section 203B.04. The directions for casting
an absentee ballot shall be printed in at least 14-point bold type with heavy leading and
may be printed on the ballot envelope. When a person requests the directions in Braille
or on cassette tape, the county auditor or municipal clerk shall provide them in the form
requested. The secretary of state shall prepare Braille and cassette copies and make them
available.

When a voter registration deleted text begin card deleted text end new text begin application new text end is sent to the applicant as provided in
section 203B.06, subdivision 4, the directions or registration deleted text begin card deleted text end new text begin application new text end shall include
instructions for registering to vote.

Sec. 14.

Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read:

Subd. 3.

Procedures on receipt of ballots.

When absentee ballots are returned to a
county auditor or municipal clerk, that official shall stamp new text begin or initial new text end and date the return
envelope deleted text begin with an official seal of the office deleted text end and place it in a secure location with other
return envelopes received by that office. The county auditor or municipal clerk shall
deliver to the appropriate election judges on election day all ballots received before or
with the last mail delivery by the United States Postal Service on election day. A town
clerk may request the United States Postal Service to deliver absentee ballots to the polling
place on election day instead of to the official address of the town clerk.

Sec. 15.

Minnesota Statutes 2006, section 203B.10, is amended to read:

203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO
ELECTION JUDGES.

new text begin (a) new text end On the day before an election:

deleted text begin (a) deleted text end new text begin (1) new text end the county auditor shall deliver to the municipal clerks within that county
the applications for absentee ballots theretofore received and endorsed as provided in
section 203B.06, subdivision 5; and

deleted text begin (b) deleted text end new text begin (2) new text end the municipal clerks shall deliver the applications received from the county
auditor and the applications for absentee ballots filed with their respective offices and
endorsed as provided in section 203B.06, subdivision 5, to the appropriate election
judges. Applications received on election day pursuant to section 203B.04, subdivision
2, shall be promptly delivered to the election judges in the precincts or to the judges of
an absentee ballot board.

new text begin (b) Delivery of the applications to the municipal clerks and election judges in the
precinct is not required if the absentee ballot envelopes have been accepted or rejected
by an absentee ballot board pursuant to section 203B.13.
new text end

Sec. 16.

Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read:

Subd. 8.

Proof of eligibility.

A candidate for judicial office or for the office of
county attorney shall submit with the affidavit of candidacy proof that the candidate is
licensed to practice law in this state. new text begin Proof means providing a copy of a current attorney
license.
new text end

A candidate for county sheriff shall submit with the affidavit of candidacy proof of
licensure as a peace officer in this state. new text begin Proof means providing a copy of a current Peace
Officer Standards and Training Board license.
new text end

Sec. 17.

Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read:

Subd. 3.

Number of signatures.

The number of signatures required on a
nominating petition shall be as follows:

(a) for a new text begin federal or new text end state office voted on statewide deleted text begin or for United States senator deleted text end , one
percent of the total number of individuals voting in the state at the last preceding state
general election, or 2,000, whichever is less;

(b) for a congressional office, five percent of the total number of individuals voting
in the district at the last preceding state general election, or 1,000, whichever is less;

(c) for a county or legislative office, ten percent of the total number of individuals
voting in the county or legislative district at the last preceding state or county general
election, or 500, whichever is less;

(d) for a municipal office in a city of the first class, the number specified in section
205.121; and

(e) for any other municipal or school district office, ten percent of the total number
of individuals voting in the municipality, ward, school district, or other election district
at the last preceding municipal, or school district if applicable, general election, or 500,
whichever is less.

Sec. 18.

Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read:

Subdivision 1.

Materials, ballots.

The school district clerk shall prepare and have
printed the necessary election materials, including ballots, for a school district election.
The deleted text begin name of each candidate for office shall be rotated with the names of the other
candidates for the same office so that the name of each candidate appears substantially
an equal number of times at the top, at the bottom, and at each intermediate place in the
group of candidates for that office deleted text end new text begin names must be arranged on school district ballots in the
manner provided in section 204D.08, subdivision 3, for state elections new text end .

Sec. 19.

Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read:

Subd. 2.

Combined polling place.

When no other election is being held in two or
more precincts on the day of a school district election, the school board may designate
one or more combined polling places at which the voters in those precincts may vote in
the school district election. new text begin In school districts that have organized into separate board
member election districts under section 205A.12, a combined polling place for a school
general election must be arranged so that it does not include more than one board member
election district.
new text end

Sec. 20.

Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:

Subd. 2.

Plan.

deleted text begin (a) Subject to paragraph (b), deleted text end The municipal clerk in a municipality
where an electronic voting system is used and the county auditor of a county in which an
electronic voting system is used in more than one municipality and the county auditor of
a county in which a counting center serving more than one municipality is located shall
prepare a plan which indicates acquisition of sufficient facilities, computer time, and
professional services and which describes the proposed manner of complying with section
206.80. The plan must be signed, notarized, and submitted to the secretary of state more
than 60 days before the first election at which the municipality uses an electronic voting
system. Prior to July 1 of each subsequent general election year, the clerk or auditor
shall submit to the secretary of state notification of any changes to the plan on file with
the secretary of state. The secretary of state shall review each plan for its sufficiency and
may request technical assistance from the Department of Administration or other agency
which may be operating as the central computer authority. The secretary of state shall
notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days
of receipt of the plan. The attorney general, upon request of the secretary of state, may
seek a district court order requiring an election official to fulfill duties imposed by this
subdivision or by rules promulgated pursuant to this section.

deleted text begin (b) Systems implemented by counties and municipalities in calendar year 2006 are
exempt from paragraph (a) and section , subdivision 4, if:
deleted text end

deleted text begin (1) the municipality has fewer than 10,000 residents; and
deleted text end

deleted text begin (2) a valid county plan was filed by the county auditor of the county in which the
municipality is located.
deleted text end

Sec. 21.

Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to
read:

Subd. 2.

Social Security number.

A voter must not be included on the list of voters
prepared under Minnesota Statutes, section 201.121, subdivision 1, whose registration is
incomplete because of a failure to match the last four digits of the voter's Social Security
number until the commissioner of public safety has:

(1) entered into an agreement with the commissioner of the Social Security
Administration under Minnesota Statutes, section 201.1615, regarding the use of the last
four digits of a Social Security number to verify voter registration information;

deleted text begin (2) assembled a complete and current database of the last four digits of the Social
Security number of each resident of this state as maintained by the Social Security
Administration; and
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end certified, along with the secretary of state, that the voter registration system
has been tested and shown to properly verify the last four digits of a voter's Social
Security number.