SF 1551

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; facilitating registering to
vote and voting; facilitating voter registration by
college students; clarifying voting rights of persons
under guardianship; extending the deadline for
submitting voter registration applications; clarifying
documents acceptable to prove residence; specifying
form of voter registration application; authorizing
registered voters to withhold their name from the
public information list; requiring polling place
officials to wear identification badges; requiring
translation of voting materials; regulating conduct
and requiring training of polling place challengers;
adding to the Voter's Bill of Rights; allowing
ex-felons to leave a polling place and return;
providing voting assistance to prisoners; amending
Minnesota Statutes 2004, sections 135A.17, subdivision
2; 201.014, subdivision 2; 201.061, subdivisions 1, 3,
by adding a subdivision; 201.071, subdivision 1;
201.091, subdivision 4; 201.15; 203B.16, by adding a
subdivision; 204B.10, subdivision 6; 204B.24; 204B.27,
subdivision 11; 204C.06, subdivision 2; 204C.07,
subdivision 4, by adding a subdivision; 204C.08,
subdivision 1a; 204C.10; 204C.12, subdivisions 2, 4;
524.5-310; proposing coding for new law in Minnesota
Statutes, chapter 641.

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

Section 1.

Minnesota Statutes 2004, section 135A.17,
subdivision 2, is amended to read:

Subd. 2.

Residential housing list.

All postsecondary
institutions that enroll students accepting state or federal
financial aid deleted text begin may deleted text end new text begin shall new text end prepare a current list of deleted text begin students deleted text end new text begin the
name and address of each student new text end enrolled in the institution and
residing in the institution's housing or new text begin in other housing new text end within
deleted text begin ten miles of deleted text end new text begin the county, or a county contiguous to the county,
where new text end the institution's campus new text begin is located. Institutions that do
not consider student addresses to be public information under
applicable federal and state privacy laws shall make release
forms available to all students authorizing the institution to
provide the addresses to the county auditor new text end . The list
shall deleted text begin include each student's current deleted text end new text begin be based on the most recent
residence new text end address new text begin the student has provided to the institution.
If the student gives the institution, before the list is sent to
the county auditor or auditors, a written request that the
student's name and residence address be omitted from the list,
the institution must honor the request new text end . The list shall be
certified and sent to the appropriate county auditor or auditors
for use in election day registration as provided under section
201.061, subdivision 3.

Sec. 2.

Minnesota Statutes 2004, section 201.014,
subdivision 2, is amended to read:

Subd. 2.

Not eligible.

The following individuals are not
eligible to vote. Any individual:

(a) Convicted of treason or any felony whose civil rights
have not been restored;

(b) Under a guardianship deleted text begin of the person deleted text end in which the court
order deleted text begin provides that the ward does not retain deleted text end new text begin revokes new text end the new text begin ward's
new text end right to vote; or

(c) Found by a court of law to be legally incompetent.

Sec. 3.

Minnesota Statutes 2004, section 201.061,
subdivision 1, is amended to read:

Subdivision 1.

Prior to election day.

At any time except
during the 20 days immediately preceding any election, an
eligible voter or any individual who will be an eligible voter
at the time of the next election may register to vote in the
precinct in which the voter maintains residence by completing a
voter registration application as described in section 201.071,
subdivision 1, and submitting it in person or by mail to the
county auditor of that county or to the Secretary of State's
Office. A registration that is received no later than 5:00 p.m.
on the 21st day preceding any election shall be accepted. An
improperly addressed or delivered registration application shall
be forwarded within two working days after receipt to the county
auditor of the county where the voter maintains residence. A
state or local agency or an individual that accepts new text begin from anyone
a new text end completed voter registration deleted text begin applications from deleted text end new text begin application
signed and dated by new text end a voter must submit the completed
deleted text begin applications deleted text end new text begin application new text end to the secretary of state or the
appropriate county auditor within deleted text begin ten deleted text end new text begin 15 business new text end days after the
deleted text begin applications are deleted text end new text begin application was new text end dated by the voter.

For purposes of this section, mail registration is defined
as a voter registration application delivered to the secretary
of state, county auditor, or municipal clerk by the United
States Postal Service or a commercial carrier.

Sec. 4.

Minnesota Statutes 2004, section 201.061,
subdivision 3, is amended to read:

Subd. 3.

Election day registration.

new text begin (a) new text end An individual
who is eligible to vote may register on election day by
appearing in person at the polling place for the precinct in
which the individual maintains residence, by completing a
registration application, making an oath in the form prescribed
by the secretary of state and providing proof of residence. An
individual may prove residence for purposes of registering by:

(1) presenting a driver's license or Minnesota
identification card issued pursuant to section 171.07;

(2) new text begin presenting a current and valid photo identification
that shows the name and valid residential address of the voter;
new text end

new text begin (3) presenting a copy of a current utility bill, signed
residential lease, bank statement, government check, paycheck,
or other government document that shows the name and valid
residential address of the voter;
new text end

new text begin (4) new text end presenting any document approved by the secretary of
state as proper identification;

deleted text begin (3) deleted text end new text begin (5) new text end presenting one of the following:

(i) a current valid student identification card from a
postsecondary educational institution in Minnesota, if a list of
students from that institution has been prepared under section
135A.17 and certified to the county auditor in the manner
provided in rules of the secretary of state; deleted text begin or
deleted text end

(ii) a current student fee statement that contains the
student's valid new text begin residential new text end address in the precinct deleted text begin together
with a picture identification card deleted text end ;

new text begin (iii) a copy of a current student registration card that
contains the student's valid residential address in the
precinct; or
new text end

new text begin (iv) a current student monthly rental statement that
contains the student's valid residential address in the
precinct; new text end or

deleted text begin (4) deleted text end new text begin (6) new text end having a voter who is registered to vote in the
precinct new text begin , or who is an employee employed by and working in a
residential facility in the precinct, new text end sign an oath in the
presence of the election judge vouching that the voter new text begin or
employee new text end personally knows that the individual is a resident of
the precinct. A voter who has been vouched for on election day
may not sign a proof of residence oath vouching for any other
individual on that election day.

new text begin (b) The operator of a residential facility shall prepare a
list of the names of its employees currently working in the
residential facility and the address of the residential
facility. The operator shall certify the list and provide it to
the appropriate county auditor no less than 20 days before each
election for use in election day registration.
new text end

new text begin (c) new text end For tribal band members deleted text begin living on an Indian
reservation deleted text end , an individual may prove residence for purposes of
registering by presenting an identification card issued by the
tribal government of a tribe recognized by the Bureau of Indian
Affairs, United States Department of the Interior, that contains
the name, deleted text begin street deleted text end address, signature, and picture of the
individual. deleted text begin The county auditor of each county having territory
within the reservation shall maintain a record of the number of
election day registrations accepted under this section.
deleted text end

new text begin (d) new text end A county, school district, or municipality may require
that an election judge responsible for election day registration
initial each completed registration application.

Sec. 5.

Minnesota Statutes 2004, section 201.061, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this
subdivision apply to subdivision 3.
new text end

new text begin (b) "Bank statement" includes a bank statement, investment
account statement, brokerage statement, pension fund statement,
dividend check, or any other notice or letter from a financial
institution relating to an account or investment held by the
voter at the financial institution.
new text end

new text begin (c) "Government check" includes a Social Security
Administration check statement or a check stub or electronic
deposit receipt from a public assistance payment or tax refund
or credit.
new text end

new text begin (d) "Other government document" includes military
identification; a document issued by a governmental entity that
qualifies for use as identification for purposes of acquiring a
driver's license in this state; a Metro Mobility card; a
property tax statement; a public housing lease or rent statement
or agreement, or a rent statement or agreement provided under a
subsidized housing program; a document or statement provided to
a voter as evidence of income or eligibility for a tax deduction
or tax credit; a periodic notice from a federal, state, or local
agency for a public assistance program, such as the Minnesota
family investment program, food stamps, general assistance,
medical assistance, general assistance medical care,
MinnesotaCare, unemployment benefits, or Social Security; an
insurance card for a government administered or subsidized
health insurance program; or a discharge certificate, pardon, or
other official document issued to the voter in connection with
the resolution of a criminal case, indictment, sentence, or
other matter, in accordance with state law.
new text end

new text begin (e) "Paycheck" includes a check stub or electronic deposit
receipt.
new text end

new text begin (f) "Residential facility" means transitional housing as
defined in section 119A.43, subdivision 1; a supervised living
facility licensed by the commissioner of health under section
144.50, subdivision 6; a nursing home as defined in section
144A.01, subdivision 5; a residence registered with the
commissioner of health as a housing with services establishment
as defined in section 144D.01, subdivision 4; a veterans home
operated by the board of directors of the Minnesota Veterans
Homes under chapter 198; a residence licensed by the
commissioner of human services to provide a residential program
as defined in section 245A.02, subdivision 14; a residential
facility for persons with a developmental disability licensed by
the commissioner of human services under section 252.28; group
residential housing as defined in section 256I.03, subdivision
3; a shelter for battered women as defined in section 611A.37,
subdivision 4; or a supervised publicly or privately operated
shelter or dwelling designed to provide temporary living
accommodations for the homeless.
new text end

new text begin (g) "Utility bill" includes a bill for gas, electricity,
telephone, wireless telephone, cable television, solid waste,
water, or sewer services.
new text end

Sec. 6.

Minnesota Statutes 2004, section 201.071,
subdivision 1, is amended to read:

Subdivision 1.

Form.

A voter registration application
must be of suitable size and weight for mailing and contain
spaces for the following required information: voter's first
name, middle name, and last name; voter's previous name, if any;
voter's current address; voter's previous address, if any;
voter's date of birth; voter's municipality and county of
residence; voter's telephone number, if provided by the voter;
date of registration; 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, the last four digits of the
voter's Social Security number; and voter's signature. The
registration application may include the voter's e-mail address,
if provided by the voter, and the voter's interest in serving as
an election judge, if indicated by the voter. The application
must also contain the following certification of voter
eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately
preceding election day;

(4) maintain residence at the address given on the
registration form;

(5) am not under court-ordered guardianship deleted text begin of the person
where I have not retained the deleted text end new text begin in which the court order revokes
my new text end right to vote;

(6) have not been found by a court to be legally
incompetent to vote;

(7) have deleted text begin not deleted text end new text begin the right to vote because, if I have new text end been
convicted of a felony deleted text begin without having my civil rights restored deleted text end new text begin ,
either my sentence has expired or been discharged new text end ; and

(8) have read and understand the following statement: that
giving false information is a felony punishable by not more than
five years imprisonment or a fine of not more than $10,000, or
both."

The certification must include boxes for the voter to
respond to the following questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not
complete this form."

new text begin The voter registration application must set forth the
deadline under section 201.061, subdivision 1, for returning a
voter registration application after it is dated by the voter.
new text end

new text begin Text on the voter registration application must be printed
in black ink.
new text end

The form of the voter registration application and the
certification of voter eligibility must be as provided in this
subdivision deleted text begin and approved by the secretary of state deleted text end . Voter
registration forms authorized by the National Voter Registration
Act may also be accepted as valid.

An individual may use a voter registration application to
apply to register to vote in Minnesota or to change information
on an existing registration.

Sec. 7.

Minnesota Statutes 2004, section 201.091,
subdivision 4, is amended to read:

Subd. 4.

Public information lists.

The county auditor
shall make available for inspection a public information list
which must contain the name, address, year of birth, and voting
history of each registered voter in the county. The telephone
number must be included on the list if provided by the voter.
The public information list may also include information on
voting districts. The county auditor may adopt reasonable rules
governing access to the list. No individual inspecting the
public information list shall tamper with or alter it in any
manner. No individual who inspects the public information list
or who acquires a list of registered voters prepared from the
public information list may use any information contained in the
list for purposes unrelated to elections, political activities,
or law enforcement. The secretary of state may provide copies
of the public information lists and other information from the
statewide registration system for uses related to elections,
political activities, or in response to a law enforcement
inquiry from a public official concerning a failure to comply
with any criminal statute or any state or local tax statute.

Before inspecting the public information list or obtaining
a list of voters or other information from the list, the
individual shall provide identification to the public official
having custody of the public information list and shall state in
writing that any information obtained from the list will not be
used for purposes unrelated to elections, political activities,
or law enforcement. Requests to examine or obtain information
from the public information lists or the statewide registration
system must be made and processed in the manner provided in the
rules of the secretary of state.

Upon receipt of a deleted text begin written request and a copy of the court
order deleted text end new text begin statement signed by the voter that withholding the voter's
name from the public information list is required for the safety
of the voter or the voter's family new text end , the secretary of state new text begin and
county auditor new text end must withhold from the public information list
the name of deleted text begin any deleted text end new text begin a new text end registered voter deleted text begin placed under court-ordered
protection deleted text end .

Sec. 8.

Minnesota Statutes 2004, section 201.15, is
amended to read:

201.15 DISTRICT JUDGE, REPORT GUARDIANSHIPS AND
COMMITMENTS.

Subdivision 1.

Guardianships and incompetents.

Pursuant
to the Help America Vote Act of 2002, Public Law 107-252, the
state court administrator shall report monthly by electronic
means to the secretary of state the name, address, and date of
birth of each individual 18 years of age or over, who during the
month preceding the date of the report:

(a) was placed under a guardianship deleted text begin of the person deleted text end in which
the court order deleted text begin provides that the ward does not retain deleted text end new text begin revokes
new text end the new text begin ward's new text end right to vote; or

(b) was adjudged legally incompetent.

The court administrator shall also report the same
information for each individual transferred to the jurisdiction
of the court who meets a condition specified in clause (a) or
(b). The secretary of state shall determine if any of the
persons in the report is registered to vote and shall prepare a
list of those registrants for the county auditor. The county
auditor shall change the status on the record in the statewide
registration system of any individual named in the report to
indicate that the individual is not eligible to reregister or
vote.

Subd. 2.

deleted text begin restoration to capacity deleted text end new text begin guardianship termination
or modification new text end .

Pursuant to the Help America Vote Act of 2002,
Public Law 107-252, the state court administrator shall report
monthly by electronic means to the secretary of state the name,
address, and date of birth of each individual deleted text begin transferred from
deleted text end new text begin whose new text end guardianship deleted text begin to conservatorship or who is restored to
capacity by the court deleted text end new text begin was modified to restore the ward's right
to vote or whose guardianship was terminated by order of the
court under section 524.5-317 new text end after being ineligible to vote for
any of the reasons specified in subdivision 1. The secretary of
state shall determine if any of the persons in the report is
registered to vote and shall prepare a list of those registrants
for the county auditor. The county auditor shall change the
status on the voter's record in the statewide registration
system to "active."

Sec. 9.

Minnesota Statutes 2004, section 203B.16, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Duties of county auditor. new text end

new text begin Each county auditor
shall mail absentee ballot applications to the study-abroad
office of each college or university whose principal
administrative offices are located within the county.
new text end

Sec. 10.

Minnesota Statutes 2004, section 204B.10,
subdivision 6, is amended to read:

Subd. 6.

Ineligible voter.

Upon receipt of a certified
copy of a final judgment or order of a court of competent
jurisdiction that a person who has filed an affidavit of
candidacy or who has been nominated by petition:

(1) has been convicted of treason or a felony and the
person's civil rights have not been restored;

(2) is under guardianship deleted text begin of the person deleted text end new text begin in which the court
order revokes the ward's right to vote new text end ; or

(3) has been found by a court of law to be legally
incompetent;

the filing officer shall notify the person by certified mail at
the address shown on the affidavit or petition, and shall not
certify the person's name to be placed on the ballot. The
actions of a filing officer under this subdivision are subject
to judicial review under section 204B.44.

Sec. 11.

Minnesota Statutes 2004, section 204B.24, is
amended to read:

204B.24 ELECTION JUDGES; OATH.

Each election judge shall sign the following oath before
assuming the duties of the office:

"I .......... solemnly swear that I will perform the duties
of election judge according to law and the best of my ability
and will diligently endeavor to prevent fraud, deceit and abuse
in conducting this election. new text begin I will perform my duties in a fair
and impartial manner and not attempt to create an advantage for
my party or for any candidate. new text end "

The oath shall be attached to the summary statement of the
election returns of that precinct. If there is no individual
present who is authorized to administer oaths, the election
judges may administer the oath to each other.

Sec. 12.

Minnesota Statutes 2004, section 204B.27,
subdivision 11, is amended to read:

Subd. 11.

Translation of voting deleted text begin instructions deleted text end new text begin materials new text end .

The secretary of state deleted text begin may deleted text end new text begin shall new text end develop new text begin voter registration
applications, absentee ballot applications, ballots, absentee
ballots, and new text end voting instructions in languages other than
English deleted text begin , to be posted and made available in polling places
during elections deleted text end . The state demographer shall determine and
report to the secretary of state the languages that are so
common in this state that there is a need for translated
voting deleted text begin instructions deleted text end new text begin materials. The secretary of state shall
develop the materials for those languages recommended by the
state demographer. The secretary of state shall publish the
materials and provide paper copies on request of any voter at no
charge to the voter. The voting instructions must be posted and
made available in polling places during elections. The posted
voting instructions must include a pictorial representation of a
voter completing the voting process. In those precincts where
the state demographer has determined it is likely that at least
five percent of the eligible voters speak one of the languages
other than English for which translated voting materials have
been published by the secretary of state, the translated
materials for that language must be posted or otherwise made
available in the polling place.
new text end

Sec. 13.

Minnesota Statutes 2004, section 204C.06,
subdivision 2, is amended to read:

Subd. 2.

Individuals allowed in polling place new text begin ;
identification new text end .

(a) Representatives of the secretary of state's
office, the county auditor's office, and the municipal or school
district clerk's office may be present at the polling place to
observe election procedures. Except for these representatives,
election judges, sergeants-at-arms, and challengers, an
individual may remain inside the polling place during voting
hours only while voting or registering to vote, providing proof
of residence for an individual who is registering to vote, or
assisting a handicapped voter or a voter who is unable to read
English. During voting hours no one except individuals
receiving, marking, or depositing ballots shall approach within
six feet of a voting booth, unless lawfully authorized to do so
by an election judge.

(b) Teachers and elementary or secondary school students
participating in an educational activity authorized by section
204B.27, subdivision 7, may be present at the polling place
during voting hours.

new text begin (c) Each official on duty in the polling place must wear an
identification badge that shows their role in the election
process. The badge must not show their party affiliation.
new text end

Sec. 14.

Minnesota Statutes 2004, section 204C.07,
subdivision 4, is amended to read:

Subd. 4.

Restrictions on conduct.

new text begin An election judge may
not be appointed as a challenger. new text end The election judges shall
permit challengers appointed pursuant to this section to be
present in the polling place during the hours of voting and to
remain there until the votes are counted and the results
declared. No challenger shall handle or inspect registration
cards, files, or lists. Challengers shall not prepare in any
manner any list of individuals who have or have not voted. They
shall not attempt to influence voting in any manner. They shall
not converse with a voter except to determine, in the presence
of an election judge, whether the voter is eligible to vote in
the precinct.

Sec. 15.

Minnesota Statutes 2004, section 204C.07, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Challenger training. new text end

new text begin (a) The secretary of state
shall adopt rules for training challengers as required by this
subdivision.
new text end

new text begin (b) At least once every two years, the secretary of state
shall provide training in accordance with the rules of the
secretary of state for all challengers who are appointed to
serve at any election to be held in this state. The secretary
of state shall also provide a procedure for emergency training
of challengers appointed to fill vacancies. The secretary of
state may delegate to a county or municipal election official
the duty to provide training of challengers in that county,
municipality, or school district.
new text end

new text begin (c) No individual may serve as a challenger who is not a
registered voter in this state and who has not received at least
two hours of training within the last two years as required by
this subdivision.
new text end

new text begin (d) Each major political party must reimburse the secretary
of state, county auditor, or municipal clerk for the cost of
training challengers appointed by that major political party.
new text end

Sec. 16.

Minnesota Statutes 2004, section 204C.08,
subdivision 1a, is amended to read:

Subd. 1a.

Voter's bill of rights.

The county auditor
shall prepare and provide to each polling place sufficient
copies of a poster setting forth the Voter's Bill of Rights as
set forth in this section. Before the hours of voting are
scheduled to begin, the election judges shall post it in a
conspicuous location or locations in the polling place. The
Voter's Bill of Rights is as follows:

"VOTER'S BILL OF RIGHTS

For all persons residing in this state who meet federal
voting eligibility requirements:

(1) You have the right to be absent from work for the
purpose of voting during the morning of election day.

(2) If you are in line at your polling place any time
between 7:00 a.m. and 8:00 p.m., you have the right to vote.

(3) If you can provide the required proof of residence, you
have the right to register to vote and to vote on election day.

(4) If you are unable to sign your name, you have the right
to orally confirm your identity with an election judge and to
direct another person to sign your name for you.

(5) You have the right to request special assistance when
voting.

(6) If you need assistance, you may be accompanied into the
voting booth by a person of your choice, except by an agent of
your employer or union or a candidate.

(7) You have the right to bring your minor children into
the polling place and into the voting booth with you.

(8) If you have been convicted of a felony but deleted text begin your civil
rights have been restored deleted text end new text begin your sentence has expired or been
discharged new text end , you have the right to vote.

(9) new text begin If you are under a guardianship, you have the right to
vote, unless the court order revokes your right to vote.
new text end

new text begin (10) new text end You have the right to vote without anyone in the
polling place trying to influence your vote.

deleted text begin (10) deleted text end new text begin (11) new text end If you make a mistake or spoil your ballot before
it is submitted, you have the right to receive a replacement
ballot and vote.

deleted text begin (11) deleted text end new text begin (12) new text end You have the right to file a written complaint at
your polling place if you are dissatisfied with the way an
election is being run.

deleted text begin (12) deleted text end new text begin (13) new text end You have the right to take a sample ballot into
the voting booth with you.

deleted text begin (13) deleted text end new text begin (14) new text end You have the right to take a copy of this Voter's
Bill of Rights into the voting booth with you."

Sec. 17.

Minnesota Statutes 2004, section 204C.10, is
amended to read:

204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.

(a) An individual seeking to vote shall sign a polling
place roster which states that the individual is at least 18
years of age, a citizen of the United States, has resided in
Minnesota for 20 days immediately preceding the election,
maintains residence at the address shown, is not under a
guardianship in which the deleted text begin individual has not retained deleted text end new text begin court
order revokes new text end the new text begin individual's new text end right to vote, has not been found
by a court of law to be legally incompetent to vote or convicted
of a felony without having civil rights restored, is registered
and has not already voted in the election. The roster must also
state: "I understand that deliberately providing false
information is a felony punishable by not more than five years
imprisonment and a fine of not more than $10,000, or both."

(b) A judge may, before the applicant signs the roster,
confirm the applicant's name, address, and date of birth.

(c) After the applicant signs the roster, the judge shall
give the applicant a voter's receipt. The voter shall deliver
the voter's receipt to the judge in charge of ballots as proof
of the voter's right to vote, and thereupon the judge shall hand
to the voter the ballot. The voters' receipts must be
maintained during the time for notice of filing an election
contest.

Sec. 18.

Minnesota Statutes 2004, section 204C.12,
subdivision 2, is amended to read:

Subd. 2.

Statement of grounds; oath.

The challenger
shall state the ground for the challenge deleted text begin , and deleted text end new text begin in writing, under
oath, and based on the challenger's personal knowledge. new text end An
election judge shall administer to the challenged individual the
following oath:

"Do you solemnly swear that you will fully and truly answer
all questions put to you concerning your eligibility to vote at
this election?"

The election judge shall then ask the challenged individual
sufficient questions to test that individual's residence and
right to vote.

Sec. 19.

Minnesota Statutes 2004, section 204C.12,
subdivision 4, is amended to read:

Subd. 4.

Refusal to answer questions or sign a polling
place roster.

A challenged individual who refuses to answer
questions or sign a polling place roster as required by this
section must not be allowed to vote. A challenged individual
who leaves the polling place and returns later willing to answer
questions or sign a polling place roster must not be allowed to
vote new text begin , except an individual challenged because of a prior
conviction of a felony new text end .

Sec. 20.

Minnesota Statutes 2004, section 524.5-310, is
amended to read:

524.5-310 FINDINGS; ORDER OF APPOINTMENT.

(a) The court may appoint a limited or unlimited guardian
for a respondent only if it finds by clear and convincing
evidence that:

(1) the respondent is an incapacitated person; and

(2) the respondent's identified needs cannot be met by less
restrictive means, including use of appropriate technological
assistance.

(b) Alternatively, the court, with appropriate findings,
may treat the petition as one for a protective order under
section 524.5-401, enter any other appropriate order, or dismiss
the proceeding.

(c) The court shall grant to a guardian only those powers
necessitated by the ward's limitations and demonstrated needs
and, whenever feasible, make appointive and other orders that
will encourage the development of the ward's maximum
self-reliance and independence. Any power not specifically
granted to the guardian, following a written finding by the
court of a demonstrated need for that power, is retained by the
ward.

(d) Within 14 days after an appointment, a guardian shall
send or deliver to the ward, and counsel if represented at the
hearing, a copy of the order of appointment accompanied by a
notice which advises the ward of the right to appeal the
guardianship appointment in the time and manner provided by the
Rules of Appellate Procedure.

(e) Each year, within 30 days after the anniversary date of
an appointment, a guardian shall send or deliver to the ward a
notice of the right to request termination or modification of
the guardianship new text begin and notice of the status of the ward's right to
vote new text end .

Sec. 21.

new text begin [641.45] VOTING ASSISTANCE TO INMATES.
new text end

new text begin (a) Upon an inmate's admission to a county jail, workhouse,
or other correctional facility under the control of the county,
in addition to other information required to be provided by law
or rule, the county sheriff or jailer shall provide to the
inmate information on how to vote.
new text end

new text begin (b) When requested by an inmate incarcerated in a county
jail, workhouse, or other correctional facility under the
control of the county, the county sheriff or jailer in each
county in consultation with the county auditor shall determine
the inmate's eligibility to vote at a municipal, county, state,
or federal election. When requested by an inmate incarcerated
in a county jail, workhouse, or other correctional facility
under the control of the county, the county sheriff or jailer
shall obtain from the appropriate county auditor the
corresponding number of absentee ballot applications and provide
them to the inmates requesting them.
new text end