SF 1551

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; 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 notice to
individuals whose civil rights have been restored;
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; amending Minnesota Statutes 2004, sections
201.061, subdivisions 1, 3, by adding a subdivision;
201.071, subdivision 1; 201.091, subdivision 4;
201.155; 204C.06, subdivision 2; 204C.07, subdivision
4, by adding a subdivision; 204C.08, subdivision 1a;
204C.12, subdivisions 2, 4.

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

Section 1.

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. 2.

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

Subd. 3.

Election day registration.

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 address of the voter;
new text end

new text begin (3) presenting a copy of a current utility bill, wireless
telephone bill, bank statement, government check, paycheck, or
other government document that shows the name and 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 address in the precinct deleted text begin together with a picture
identification card deleted text end ; new text begin or
new text end

new text begin (iii) a copy of a current student registration card that
contains the student's valid 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 as provided in subdivision
3a, 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.

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, street 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

A county, school district, or municipality may require that
an election judge responsible for election day registration
initial each completed registration application.

Sec. 3.

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 Residential facility employee vouchers. new text end

new text begin (a) As
used in subdivision 3, "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 (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

Sec. 4.

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 of the person
where I have not retained the 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 , I
have completed my probation or parole 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. 5.

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 written request deleted text begin and a copy of the court
order deleted 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. 6.

Minnesota Statutes 2004, section 201.155, is
amended to read:

201.155 REPORT ON FELONY CONVICTIONS.

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,
date of birth, date of sentence, effective date of the sentence,
and county in which the conviction occurred of each person who
has been convicted of a felony. The state court administrator
shall also report the name, address, and date of birth of each
person previously convicted of a felony whose civil rights have
been restored. new text begin Within two weeks after receiving the report from
the state court administrator, new text end the secretary of state shall
determine if any of the persons in the report is registered to
vote and shall prepare new text begin and send to each county auditor new text end a list of
those registrants deleted text begin for each deleted text end new text begin in that new text end county deleted text begin auditor deleted text end . The county
auditor shall change the status of those registrants in the
appropriate manner in the statewide registration system. new text begin The
secretary of state shall also prepare and send to the county
auditor in their county of residence a list of persons in the
report who are not registered to vote. Within two weeks after
receiving the lists from the secretary of state, the county
auditor shall mail to each person whose civil rights have been
restored a notice to that effect. For persons not registered to
vote, the notice must be accompanied by a voter registration
application.
new text end

Sec. 7.

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. 8.

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. 9.

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 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. 10.

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 have completed your probation or
parole new text end , you have the right to vote.

(9) You have the right to vote without anyone in the
polling place trying to influence your vote.

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

(11) 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.

(12) You have the right to take a sample ballot into the
voting booth with you.

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

Sec. 11.

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. 12.

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 .