SF 1551

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; facilitating registering to 
  1.3             vote and voting; facilitating voter registration by 
  1.4             college students; clarifying voting rights of persons 
  1.5             under guardianship; extending the deadline for 
  1.6             submitting voter registration applications; clarifying 
  1.7             documents acceptable to prove residence; specifying 
  1.8             form of voter registration application; authorizing 
  1.9             registered voters to withhold their name from the 
  1.10            public information list; requiring polling place 
  1.11            officials to wear identification badges; requiring 
  1.12            translation of voting materials; regulating conduct 
  1.13            and requiring training of polling place challengers; 
  1.14            adding to the Voter's Bill of Rights; allowing 
  1.15            ex-felons to leave a polling place and return; 
  1.16            requiring notice to ex-felons that their civil rights 
  1.17            have been restored; providing voting assistance to 
  1.18            prisoners; amending Minnesota Statutes 2004, sections 
  1.19            135A.17, subdivision 2; 201.014, subdivision 2; 
  1.20            201.061, subdivisions 1, 3, by adding a subdivision; 
  1.21            201.071, subdivision 1; 201.091, subdivision 4; 
  1.22            201.15; 203B.16, by adding a subdivision; 204B.10, 
  1.23            subdivision 6; 204B.24; 204B.27, subdivision 11; 
  1.24            204C.06, subdivision 2; 204C.07, subdivision 4, by 
  1.25            adding a subdivision; 204C.08, subdivision 1a; 
  1.26            204C.10; 204C.12, subdivisions 2, 4; 243.05, 
  1.27            subdivision 3; 524.5-310; proposing coding for new law 
  1.28            in Minnesota Statutes, chapters 244; 641; 642.  
  1.29  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.30     Section 1.  Minnesota Statutes 2004, section 135A.17, 
  1.31  subdivision 2, is amended to read: 
  1.32     Subd. 2.  [RESIDENTIAL HOUSING LIST.] All postsecondary 
  1.33  institutions that enroll students accepting state or federal 
  1.34  financial aid may shall prepare a current list of students the 
  1.35  name and address of each student enrolled in the institution and 
  1.36  residing in the institution's housing or in other housing within 
  1.37  ten miles of the county, or a county contiguous to the county, 
  2.1   where the institution's campus is located.  Institutions that do 
  2.2   not consider student addresses to be public information under 
  2.3   applicable federal and state privacy laws shall make release 
  2.4   forms available to all students authorizing the institution to 
  2.5   provide the addresses to the county auditor.  The list 
  2.6   shall include each student's current be based on the most recent 
  2.7   residence address the student has provided to the institution.  
  2.8   If the student gives the institution, before the list is sent to 
  2.9   the county auditor or auditors, a written request that the 
  2.10  student's name and residence address be omitted from the list, 
  2.11  the institution must honor the request.  The list shall be 
  2.12  certified and sent to the appropriate county auditor or auditors 
  2.13  for use in election day registration as provided under section 
  2.14  201.061, subdivision 3. 
  2.15     Sec. 2.  Minnesota Statutes 2004, section 201.014, 
  2.16  subdivision 2, is amended to read: 
  2.17     Subd. 2.  [NOT ELIGIBLE.] The following individuals are not 
  2.18  eligible to vote.  Any individual:  
  2.19     (a) Convicted of treason or any felony whose civil rights 
  2.20  have not been restored; 
  2.21     (b) Under a guardianship of the person in which the court 
  2.22  order provides that the ward does not retain revokes the ward's 
  2.23  right to vote; or 
  2.24     (c) Found by a court of law to be legally incompetent. 
  2.25     Sec. 3.  Minnesota Statutes 2004, section 201.061, 
  2.26  subdivision 1, is amended to read: 
  2.27     Subdivision 1.  [PRIOR TO ELECTION DAY.] At any time except 
  2.28  during the 20 days immediately preceding any election, an 
  2.29  eligible voter or any individual who will be an eligible voter 
  2.30  at the time of the next election may register to vote in the 
  2.31  precinct in which the voter maintains residence by completing a 
  2.32  voter registration application as described in section 201.071, 
  2.33  subdivision 1, and submitting it in person or by mail to the 
  2.34  county auditor of that county or to the Secretary of State's 
  2.35  Office.  A registration that is received no later than 5:00 p.m. 
  2.36  on the 21st day preceding any election shall be accepted.  An 
  3.1   improperly addressed or delivered registration application shall 
  3.2   be forwarded within two working days after receipt to the county 
  3.3   auditor of the county where the voter maintains residence.  A 
  3.4   state or local agency or an individual that accepts from anyone 
  3.5   a completed voter registration applications from application 
  3.6   signed and dated by a voter must submit the completed 
  3.7   applications application to the secretary of state or the 
  3.8   appropriate county auditor within ten 15 business days after the 
  3.9   applications are application was dated by the voter. 
  3.10     For purposes of this section, mail registration is defined 
  3.11  as a voter registration application delivered to the secretary 
  3.12  of state, county auditor, or municipal clerk by the United 
  3.13  States Postal Service or a commercial carrier. 
  3.14     Sec. 4.  Minnesota Statutes 2004, section 201.061, 
  3.15  subdivision 3, is amended to read: 
  3.16     Subd. 3.  [ELECTION DAY REGISTRATION.] (a) An individual 
  3.17  who is eligible to vote may register on election day by 
  3.18  appearing in person at the polling place for the precinct in 
  3.19  which the individual maintains residence, by completing a 
  3.20  registration application, making an oath in the form prescribed 
  3.21  by the secretary of state and providing proof of residence.  An 
  3.22  individual may prove residence for purposes of registering by: 
  3.23     (1) presenting a driver's license or Minnesota 
  3.24  identification card issued pursuant to section 171.07; 
  3.25     (2) presenting a current and valid photo identification 
  3.26  that shows the name and valid residential address of the voter; 
  3.27     (3) presenting a copy of a current utility bill, signed 
  3.28  residential lease, bank statement, government check, paycheck, 
  3.29  or other government document that shows the name and valid 
  3.30  residential address of the voter; 
  3.31     (4) presenting any document approved by the secretary of 
  3.32  state as proper identification; 
  3.33     (3) (5) presenting one of the following: 
  3.34     (i) a current valid student identification card from a 
  3.35  postsecondary educational institution in Minnesota, if a list of 
  3.36  students from that institution has been prepared under section 
  4.1   135A.17 and certified to the county auditor in the manner 
  4.2   provided in rules of the secretary of state; or 
  4.3      (ii) a current student fee statement that contains the 
  4.4   student's valid residential address in the precinct together 
  4.5   with a picture identification card; 
  4.6      (iii) a copy of a current student registration card that 
  4.7   contains the student's valid residential address in the 
  4.8   precinct; or 
  4.9      (iv) a current student monthly rental statement that 
  4.10  contains the student's valid residential address in the 
  4.11  precinct; or 
  4.12     (4) (6) having a voter who is registered to vote in the 
  4.13  precinct, or who is an employee employed by and working in a 
  4.14  residential facility in the precinct, sign an oath in the 
  4.15  presence of the election judge vouching that the voter or 
  4.16  employee personally knows that the individual is a resident of 
  4.17  the precinct.  A voter who has been vouched for on election day 
  4.18  may not sign a proof of residence oath vouching for any other 
  4.19  individual on that election day. 
  4.20     (b) The operator of a residential facility shall prepare a 
  4.21  list of the names of its employees currently working in the 
  4.22  residential facility and the address of the residential 
  4.23  facility.  The operator shall certify the list and provide it to 
  4.24  the appropriate county auditor no less than 20 days before each 
  4.25  election for use in election day registration.  
  4.26     (c) For tribal band members living on an Indian 
  4.27  reservation, an individual may prove residence for purposes of 
  4.28  registering by presenting an identification card issued by the 
  4.29  tribal government of a tribe recognized by the Bureau of Indian 
  4.30  Affairs, United States Department of the Interior, that contains 
  4.31  the name, street address, signature, and picture of the 
  4.32  individual.  The county auditor of each county having territory 
  4.33  within the reservation shall maintain a record of the number of 
  4.34  election day registrations accepted under this section. 
  4.35     (d) A county, school district, or municipality may require 
  4.36  that an election judge responsible for election day registration 
  5.1   initial each completed registration application. 
  5.2      Sec. 5.  Minnesota Statutes 2004, section 201.061, is 
  5.3   amended by adding a subdivision to read: 
  5.4      Subd. 3a.  [DEFINITIONS.] (a) The definitions in this 
  5.5   subdivision apply to subdivision 3. 
  5.6      (b) "Bank statement" includes a bank statement, investment 
  5.7   account statement, brokerage statement, pension fund statement, 
  5.8   dividend check, or any other notice or letter from a financial 
  5.9   institution relating to an account or investment held by the 
  5.10  voter at the financial institution. 
  5.11     (c) "Government check" includes a Social Security 
  5.12  Administration check statement or a check stub or electronic 
  5.13  deposit receipt from a public assistance payment or tax refund 
  5.14  or credit. 
  5.15     (d) "Other government document" includes military 
  5.16  identification; a document issued by a governmental entity that 
  5.17  qualifies for use as identification for purposes of acquiring a 
  5.18  driver's license in this state; a Metro Mobility card; a 
  5.19  property tax statement; a public housing lease or rent statement 
  5.20  or agreement, or a rent statement or agreement provided under a 
  5.21  subsidized housing program; a document or statement provided to 
  5.22  a voter as evidence of income or eligibility for a tax deduction 
  5.23  or tax credit; a periodic notice from a federal, state, or local 
  5.24  agency for a public assistance program, such as the Minnesota 
  5.25  family investment program, food stamps, general assistance, 
  5.26  medical assistance, general assistance medical care, 
  5.27  MinnesotaCare, unemployment benefits, or Social Security; an 
  5.28  insurance card for a government administered or subsidized 
  5.29  health insurance program; or a discharge certificate, pardon, or 
  5.30  other official document issued to the voter in connection with 
  5.31  the resolution of a criminal case, indictment, sentence, or 
  5.32  other matter, in accordance with state law. 
  5.33     (e) "Paycheck" includes a check stub or electronic deposit 
  5.34  receipt. 
  5.35     (f) "Residential facility" means transitional housing as 
  5.36  defined in section 119A.43, subdivision 1; a supervised living 
  6.1   facility licensed by the commissioner of health under section 
  6.2   144.50, subdivision 6; a nursing home as defined in section 
  6.3   144A.01, subdivision 5; a residence registered with the 
  6.4   commissioner of health as a housing with services establishment 
  6.5   as defined in section 144D.01, subdivision 4; a veterans home 
  6.6   operated by the board of directors of the Minnesota Veterans 
  6.7   Homes under chapter 198; a residence licensed by the 
  6.8   commissioner of human services to provide a residential program 
  6.9   as defined in section 245A.02, subdivision 14; a residential 
  6.10  facility for persons with a developmental disability licensed by 
  6.11  the commissioner of human services under section 252.28; group 
  6.12  residential housing as defined in section 256I.03, subdivision 
  6.13  3; a shelter for battered women as defined in section 611A.37, 
  6.14  subdivision 4; or a supervised publicly or privately operated 
  6.15  shelter or dwelling designed to provide temporary living 
  6.16  accommodations for the homeless. 
  6.17     (g) "Utility bill" includes a bill for gas, electricity, 
  6.18  telephone, wireless telephone, cable television, solid waste, 
  6.19  water, or sewer services. 
  6.20     Sec. 6.  Minnesota Statutes 2004, section 201.071, 
  6.21  subdivision 1, is amended to read: 
  6.22     Subdivision 1.  [FORM.] A voter registration application 
  6.23  must be of suitable size and weight for mailing and contain 
  6.24  spaces for the following required information:  voter's first 
  6.25  name, middle name, and last name; voter's previous name, if any; 
  6.26  voter's current address; voter's previous address, if any; 
  6.27  voter's date of birth; voter's municipality and county of 
  6.28  residence; voter's telephone number, if provided by the voter; 
  6.29  date of registration; current and valid Minnesota driver's 
  6.30  license number or Minnesota state identification number, or if 
  6.31  the voter has no current and valid Minnesota driver's license or 
  6.32  Minnesota state identification, the last four digits of the 
  6.33  voter's Social Security number; and voter's signature.  The 
  6.34  registration application may include the voter's e-mail address, 
  6.35  if provided by the voter, and the voter's interest in serving as 
  6.36  an election judge, if indicated by the voter.  The application 
  7.1   must also contain the following certification of voter 
  7.2   eligibility: 
  7.3      "I certify that I: 
  7.4      (1) will be at least 18 years old on election day; 
  7.5      (2) am a citizen of the United States; 
  7.6      (3) will have resided in Minnesota for 20 days immediately 
  7.7   preceding election day; 
  7.8      (4) maintain residence at the address given on the 
  7.9   registration form; 
  7.10     (5) am not under court-ordered guardianship of the person 
  7.11  where I have not retained the in which the court order revokes 
  7.12  my right to vote; 
  7.13     (6) have not been found by a court to be legally 
  7.14  incompetent to vote; 
  7.15     (7) have not the right to vote because, if I have been 
  7.16  convicted of a felony without having my civil rights restored, I 
  7.17  have completed my probation or parole; and 
  7.18     (8) have read and understand the following statement:  that 
  7.19  giving false information is a felony punishable by not more than 
  7.20  five years imprisonment or a fine of not more than $10,000, or 
  7.21  both." 
  7.22     The certification must include boxes for the voter to 
  7.23  respond to the following questions:  
  7.24     "(1) Are you a citizen of the United States?" and 
  7.25     "(2) Will you be 18 years old on or before election day?" 
  7.26     And the instruction: 
  7.27     "If you checked 'no' to either of these questions, do not 
  7.28  complete this form." 
  7.29     The voter registration application must set forth the 
  7.30  deadline under section 201.061, subdivision 1, for returning a 
  7.31  voter registration application after it is dated by the voter. 
  7.32     Text on the voter registration application must be printed 
  7.33  in black ink. 
  7.34     The form of the voter registration application and the 
  7.35  certification of voter eligibility must be as provided in this 
  7.36  subdivision and approved by the secretary of state.  Voter 
  8.1   registration forms authorized by the National Voter Registration 
  8.2   Act may also be accepted as valid. 
  8.3      An individual may use a voter registration application to 
  8.4   apply to register to vote in Minnesota or to change information 
  8.5   on an existing registration. 
  8.6      Sec. 7.  Minnesota Statutes 2004, section 201.091, 
  8.7   subdivision 4, is amended to read: 
  8.8      Subd. 4.  [PUBLIC INFORMATION LISTS.] The county auditor 
  8.9   shall make available for inspection a public information list 
  8.10  which must contain the name, address, year of birth, and voting 
  8.11  history of each registered voter in the county.  The telephone 
  8.12  number must be included on the list if provided by the voter.  
  8.13  The public information list may also include information on 
  8.14  voting districts.  The county auditor may adopt reasonable rules 
  8.15  governing access to the list.  No individual inspecting the 
  8.16  public information list shall tamper with or alter it in any 
  8.17  manner.  No individual who inspects the public information list 
  8.18  or who acquires a list of registered voters prepared from the 
  8.19  public information list may use any information contained in the 
  8.20  list for purposes unrelated to elections, political activities, 
  8.21  or law enforcement.  The secretary of state may provide copies 
  8.22  of the public information lists and other information from the 
  8.23  statewide registration system for uses related to elections, 
  8.24  political activities, or in response to a law enforcement 
  8.25  inquiry from a public official concerning a failure to comply 
  8.26  with any criminal statute or any state or local tax statute. 
  8.27     Before inspecting the public information list or obtaining 
  8.28  a list of voters or other information from the list, the 
  8.29  individual shall provide identification to the public official 
  8.30  having custody of the public information list and shall state in 
  8.31  writing that any information obtained from the list will not be 
  8.32  used for purposes unrelated to elections, political activities, 
  8.33  or law enforcement.  Requests to examine or obtain information 
  8.34  from the public information lists or the statewide registration 
  8.35  system must be made and processed in the manner provided in the 
  8.36  rules of the secretary of state. 
  9.1      Upon receipt of a written request and a copy of the court 
  9.2   order statement signed by the voter that withholding the voter's 
  9.3   name from the public information list is required for the safety 
  9.4   of the voter or the voter's family, the secretary of state and 
  9.5   county auditor must withhold from the public information list 
  9.6   the name of any a registered voter placed under court-ordered 
  9.7   protection.  
  9.8      Sec. 8.  Minnesota Statutes 2004, section 201.15, is 
  9.9   amended to read: 
  9.10     201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 
  9.11  COMMITMENTS.] 
  9.12     Subdivision 1.  [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 
  9.13  to the Help America Vote Act of 2002, Public Law 107-252, the 
  9.14  state court administrator shall report monthly by electronic 
  9.15  means to the secretary of state the name, address, and date of 
  9.16  birth of each individual 18 years of age or over, who during the 
  9.17  month preceding the date of the report:  
  9.18     (a) was placed under a guardianship of the person in which 
  9.19  the court order provides that the ward does not retain revokes 
  9.20  the ward's right to vote; or 
  9.21     (b) was adjudged legally incompetent. 
  9.22     The court administrator shall also report the same 
  9.23  information for each individual transferred to the jurisdiction 
  9.24  of the court who meets a condition specified in clause (a) or 
  9.25  (b).  The secretary of state shall determine if any of the 
  9.26  persons in the report is registered to vote and shall prepare a 
  9.27  list of those registrants for the county auditor.  The county 
  9.28  auditor shall change the status on the record in the statewide 
  9.29  registration system of any individual named in the report to 
  9.30  indicate that the individual is not eligible to reregister or 
  9.31  vote. 
  9.32     Subd. 2.  [RESTORATION TO CAPACITY GUARDIANSHIP TERMINATION 
  9.33  OR MODIFICATION.] Pursuant to the Help America Vote Act of 2002, 
  9.34  Public Law 107-252, the state court administrator shall report 
  9.35  monthly by electronic means to the secretary of state the name, 
  9.36  address, and date of birth of each individual transferred from 
 10.1   whose guardianship to conservatorship or who is restored to 
 10.2   capacity by the court was modified to restore the ward's right 
 10.3   to vote or whose guardianship was terminated by order of the 
 10.4   court under section 524.5-317 after being ineligible to vote for 
 10.5   any of the reasons specified in subdivision 1.  The secretary of 
 10.6   state shall determine if any of the persons in the report is 
 10.7   registered to vote and shall prepare a list of those registrants 
 10.8   for the county auditor.  The county auditor shall change the 
 10.9   status on the voter's record in the statewide registration 
 10.10  system to "active." 
 10.11     Sec. 9.  Minnesota Statutes 2004, section 203B.16, is 
 10.12  amended by adding a subdivision to read: 
 10.13     Subd. 5.  [DUTIES OF COUNTY AUDITOR.] Each county auditor 
 10.14  shall mail absentee ballot applications to the study-abroad 
 10.15  office of each college or university whose principal 
 10.16  administrative offices are located within the county. 
 10.17     Sec. 10.  Minnesota Statutes 2004, section 204B.10, 
 10.18  subdivision 6, is amended to read: 
 10.19     Subd. 6.  [INELIGIBLE VOTER.] Upon receipt of a certified 
 10.20  copy of a final judgment or order of a court of competent 
 10.21  jurisdiction that a person who has filed an affidavit of 
 10.22  candidacy or who has been nominated by petition: 
 10.23     (1) has been convicted of treason or a felony and the 
 10.24  person's civil rights have not been restored; 
 10.25     (2) is under guardianship of the person in which the court 
 10.26  order revokes the ward's right to vote; or 
 10.27     (3) has been found by a court of law to be legally 
 10.28  incompetent; 
 10.29  the filing officer shall notify the person by certified mail at 
 10.30  the address shown on the affidavit or petition, and shall not 
 10.31  certify the person's name to be placed on the ballot.  The 
 10.32  actions of a filing officer under this subdivision are subject 
 10.33  to judicial review under section 204B.44. 
 10.34     Sec. 11.  Minnesota Statutes 2004, section 204B.24, is 
 10.35  amended to read: 
 10.36     204B.24 [ELECTION JUDGES; OATH.] 
 11.1      Each election judge shall sign the following oath before 
 11.2   assuming the duties of the office:  
 11.3      "I .......... solemnly swear that I will perform the duties 
 11.4   of election judge according to law and the best of my ability 
 11.5   and will diligently endeavor to prevent fraud, deceit and abuse 
 11.6   in conducting this election.  I will perform my duties in a fair 
 11.7   and impartial manner and not attempt to create an advantage for 
 11.8   my party or for any candidate." 
 11.9      The oath shall be attached to the summary statement of the 
 11.10  election returns of that precinct.  If there is no individual 
 11.11  present who is authorized to administer oaths, the election 
 11.12  judges may administer the oath to each other. 
 11.13     Sec. 12.  Minnesota Statutes 2004, section 204B.27, 
 11.14  subdivision 11, is amended to read: 
 11.15     Subd. 11.  [TRANSLATION OF VOTING INSTRUCTIONS MATERIALS.] 
 11.16  The secretary of state may shall develop voter registration 
 11.17  applications, absentee ballot applications, ballots, absentee 
 11.18  ballots, and voting instructions in languages other than 
 11.19  English, to be posted and made available in polling places 
 11.20  during elections.  The state demographer shall determine and 
 11.21  report to the secretary of state the languages that are so 
 11.22  common in this state that there is a need for translated 
 11.23  voting instructions materials.  The secretary of state shall 
 11.24  develop the materials for those languages recommended by the 
 11.25  state demographer.  The secretary of state shall publish the 
 11.26  materials and provide paper copies on request of any voter at no 
 11.27  charge to the voter.  The voting instructions must be posted and 
 11.28  made available in polling places during elections.  The posted 
 11.29  voting instructions must include a pictorial representation of a 
 11.30  voter completing the voting process.  In those precincts where 
 11.31  the state demographer has determined it is likely that at least 
 11.32  five percent of the eligible voters speak one of the languages 
 11.33  other than English for which translated voting materials have 
 11.34  been published by the secretary of state, the translated 
 11.35  materials for that language must be posted or otherwise made 
 11.36  available in the polling place. 
 12.1      Sec. 13.  Minnesota Statutes 2004, section 204C.06, 
 12.2   subdivision 2, is amended to read: 
 12.3      Subd. 2.  [INDIVIDUALS ALLOWED IN POLLING PLACE; 
 12.4   IDENTIFICATION.] (a) Representatives of the secretary of state's 
 12.5   office, the county auditor's office, and the municipal or school 
 12.6   district clerk's office may be present at the polling place to 
 12.7   observe election procedures.  Except for these representatives, 
 12.8   election judges, sergeants-at-arms, and challengers, an 
 12.9   individual may remain inside the polling place during voting 
 12.10  hours only while voting or registering to vote, providing proof 
 12.11  of residence for an individual who is registering to vote, or 
 12.12  assisting a handicapped voter or a voter who is unable to read 
 12.13  English.  During voting hours no one except individuals 
 12.14  receiving, marking, or depositing ballots shall approach within 
 12.15  six feet of a voting booth, unless lawfully authorized to do so 
 12.16  by an election judge.  
 12.17     (b) Teachers and elementary or secondary school students 
 12.18  participating in an educational activity authorized by section 
 12.19  204B.27, subdivision 7, may be present at the polling place 
 12.20  during voting hours. 
 12.21     (c) Each official on duty in the polling place must wear an 
 12.22  identification badge that shows their role in the election 
 12.23  process.  The badge must not show their party affiliation. 
 12.24     Sec. 14.  Minnesota Statutes 2004, section 204C.07, 
 12.25  subdivision 4, is amended to read: 
 12.26     Subd. 4.  [RESTRICTIONS ON CONDUCT.] An election judge may 
 12.27  not be appointed as a challenger.  The election judges shall 
 12.28  permit challengers appointed pursuant to this section to be 
 12.29  present in the polling place during the hours of voting and to 
 12.30  remain there until the votes are counted and the results 
 12.31  declared.  No challenger shall handle or inspect registration 
 12.32  cards, files, or lists.  Challengers shall not prepare in any 
 12.33  manner any list of individuals who have or have not voted.  They 
 12.34  shall not attempt to influence voting in any manner.  They shall 
 12.35  not converse with a voter except to determine, in the presence 
 12.36  of an election judge, whether the voter is eligible to vote in 
 13.1   the precinct.  
 13.2      Sec. 15.  Minnesota Statutes 2004, section 204C.07, is 
 13.3   amended by adding a subdivision to read: 
 13.4      Subd. 5.  [CHALLENGER TRAINING.] (a) The secretary of state 
 13.5   shall adopt rules for training challengers as required by this 
 13.6   subdivision.  
 13.7      (b) At least once every two years, the secretary of state 
 13.8   shall provide training in accordance with the rules of the 
 13.9   secretary of state for all challengers who are appointed to 
 13.10  serve at any election to be held in this state.  The secretary 
 13.11  of state shall also provide a procedure for emergency training 
 13.12  of challengers appointed to fill vacancies.  The secretary of 
 13.13  state may delegate to a county or municipal election official 
 13.14  the duty to provide training of challengers in that county, 
 13.15  municipality, or school district. 
 13.16     (c) No individual may serve as a challenger who is not a 
 13.17  registered voter in this state and who has not received at least 
 13.18  two hours of training within the last two years as required by 
 13.19  this subdivision. 
 13.20     (d) Each major political party must reimburse the secretary 
 13.21  of state, county auditor, or municipal clerk for the cost of 
 13.22  training challengers appointed by that major political party. 
 13.23     Sec. 16.  Minnesota Statutes 2004, section 204C.08, 
 13.24  subdivision 1a, is amended to read: 
 13.25     Subd. 1a.  [VOTER'S BILL OF RIGHTS.] The county auditor 
 13.26  shall prepare and provide to each polling place sufficient 
 13.27  copies of a poster setting forth the Voter's Bill of Rights as 
 13.28  set forth in this section.  Before the hours of voting are 
 13.29  scheduled to begin, the election judges shall post it in a 
 13.30  conspicuous location or locations in the polling place.  The 
 13.31  Voter's Bill of Rights is as follows: 
 13.32                      "VOTER'S BILL OF RIGHTS
 13.33     For all persons residing in this state who meet federal 
 13.34  voting eligibility requirements: 
 13.35     (1) You have the right to be absent from work for the 
 13.36  purpose of voting during the morning of election day.  
 14.1      (2) If you are in line at your polling place any time 
 14.2   between 7:00 a.m. and 8:00 p.m., you have the right to vote.  
 14.3      (3) If you can provide the required proof of residence, you 
 14.4   have the right to register to vote and to vote on election day.  
 14.5      (4) If you are unable to sign your name, you have the right 
 14.6   to orally confirm your identity with an election judge and to 
 14.7   direct another person to sign your name for you. 
 14.8      (5) You have the right to request special assistance when 
 14.9   voting.  
 14.10     (6) If you need assistance, you may be accompanied into the 
 14.11  voting booth by a person of your choice, except by an agent of 
 14.12  your employer or union or a candidate.  
 14.13     (7) You have the right to bring your minor children into 
 14.14  the polling place and into the voting booth with you.  
 14.15     (8) If you have been convicted of a felony but your civil 
 14.16  rights have been restored have completed your probation or 
 14.17  parole, you have the right to vote.  
 14.18     (9) If you are under a guardianship, you have the right to 
 14.19  vote, unless the court order revokes your right to vote. 
 14.20     (10) You have the right to vote without anyone in the 
 14.21  polling place trying to influence your vote.  
 14.22     (10) (11) If you make a mistake or spoil your ballot before 
 14.23  it is submitted, you have the right to receive a replacement 
 14.24  ballot and vote.  
 14.25     (11) (12) You have the right to file a written complaint at 
 14.26  your polling place if you are dissatisfied with the way an 
 14.27  election is being run.  
 14.28     (12) (13) You have the right to take a sample ballot into 
 14.29  the voting booth with you.  
 14.30     (13) (14) You have the right to take a copy of this Voter's 
 14.31  Bill of Rights into the voting booth with you." 
 14.32     Sec. 17.  Minnesota Statutes 2004, section 204C.10, is 
 14.33  amended to read: 
 14.34     204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 
 14.35  REGISTRATION.] 
 14.36     (a) An individual seeking to vote shall sign a polling 
 15.1   place roster which states that the individual is at least 18 
 15.2   years of age, a citizen of the United States, has resided in 
 15.3   Minnesota for 20 days immediately preceding the election, 
 15.4   maintains residence at the address shown, is not under a 
 15.5   guardianship in which the individual has not retained court 
 15.6   order revokes the individual's right to vote, has not been found 
 15.7   by a court of law to be legally incompetent to vote or convicted 
 15.8   of a felony without having civil rights restored, is registered 
 15.9   and has not already voted in the election.  The roster must also 
 15.10  state:  "I understand that deliberately providing false 
 15.11  information is a felony punishable by not more than five years 
 15.12  imprisonment and a fine of not more than $10,000, or both."  
 15.13     (b) A judge may, before the applicant signs the roster, 
 15.14  confirm the applicant's name, address, and date of birth.  
 15.15     (c) After the applicant signs the roster, the judge shall 
 15.16  give the applicant a voter's receipt.  The voter shall deliver 
 15.17  the voter's receipt to the judge in charge of ballots as proof 
 15.18  of the voter's right to vote, and thereupon the judge shall hand 
 15.19  to the voter the ballot.  The voters' receipts must be 
 15.20  maintained during the time for notice of filing an election 
 15.21  contest. 
 15.22     Sec. 18.  Minnesota Statutes 2004, section 204C.12, 
 15.23  subdivision 2, is amended to read: 
 15.24     Subd. 2.  [STATEMENT OF GROUNDS; OATH.] The challenger 
 15.25  shall state the ground for the challenge, and in writing, under 
 15.26  oath, and based on the challenger's personal knowledge.  An 
 15.27  election judge shall administer to the challenged individual the 
 15.28  following oath: 
 15.29     "Do you solemnly swear that you will fully and truly answer 
 15.30  all questions put to you concerning your eligibility to vote at 
 15.31  this election?"  
 15.32     The election judge shall then ask the challenged individual 
 15.33  sufficient questions to test that individual's residence and 
 15.34  right to vote. 
 15.35     Sec. 19.  Minnesota Statutes 2004, section 204C.12, 
 15.36  subdivision 4, is amended to read: 
 16.1      Subd. 4.  [REFUSAL TO ANSWER QUESTIONS OR SIGN A POLLING 
 16.2   PLACE ROSTER.] A challenged individual who refuses to answer 
 16.3   questions or sign a polling place roster as required by this 
 16.4   section must not be allowed to vote.  A challenged individual 
 16.5   who leaves the polling place and returns later willing to answer 
 16.6   questions or sign a polling place roster must not be allowed to 
 16.7   vote, except an individual challenged because of a prior 
 16.8   conviction of a felony. 
 16.9      Sec. 20.  Minnesota Statutes 2004, section 243.05, 
 16.10  subdivision 3, is amended to read: 
 16.11     Subd. 3.  [DUTY OF COMMISSIONER; FINAL DISCHARGE.] It is 
 16.12  the duty of the commissioner of corrections to keep in 
 16.13  communication, as far as possible, with all persons who are on 
 16.14  parole and with their employers.  The commissioner may grant a 
 16.15  person on parole a final discharge from any sentence when: 
 16.16     (a) the person on parole has complied with the conditions 
 16.17  of parole for a period of time sufficient to satisfy the 
 16.18  commissioner that the parolee is reliable and trustworthy; 
 16.19     (b) the commissioner is satisfied the person on parole will 
 16.20  remain at liberty without violating the law; and 
 16.21     (c) final discharge is not incompatible with the welfare of 
 16.22  society.  
 16.23     Upon the granting of a final discharge, the commissioner 
 16.24  shall issue a certificate of final discharge to the person 
 16.25  discharged and also cause a record of the acts of the inmate to 
 16.26  be made.  The record shall show the date of the inmate's 
 16.27  confinement, the inmate's record while in prison, the date of 
 16.28  parole, the inmate's record while on parole, reasons underlying 
 16.29  the decision for final discharge, and other facts which the 
 16.30  commissioner regards as appropriate.  Nothing in this section or 
 16.31  section 244.05 shall be construed as impairing the power of the 
 16.32  board of pardons to grant a pardon or commutation in any case.  
 16.33     The commissioner shall inform the person finally discharged 
 16.34  that their civil rights have been restored and give them a voter 
 16.35  registration application and a letter to be sent with the voter 
 16.36  registration application informing the county auditor that the 
 17.1   ex-felon's civil rights have been restored. 
 17.2      Sec. 21.  [244.30] [NOTICE OF RESTORATION OF CIVIL RIGHTS.] 
 17.3      Upon final discharge from probation, the court shall inform 
 17.4   the person finally discharged that their civil rights have been 
 17.5   restored and give them a voter registration application and a 
 17.6   letter to be sent with the voter registration application 
 17.7   informing the county auditor that the ex-felon's civil rights 
 17.8   have been restored. 
 17.9      Sec. 22.  Minnesota Statutes 2004, section 524.5-310, is 
 17.10  amended to read: 
 17.11     524.5-310 [FINDINGS; ORDER OF APPOINTMENT.] 
 17.12     (a) The court may appoint a limited or unlimited guardian 
 17.13  for a respondent only if it finds by clear and convincing 
 17.14  evidence that: 
 17.15     (1) the respondent is an incapacitated person; and 
 17.16     (2) the respondent's identified needs cannot be met by less 
 17.17  restrictive means, including use of appropriate technological 
 17.18  assistance. 
 17.19     (b) Alternatively, the court, with appropriate findings, 
 17.20  may treat the petition as one for a protective order under 
 17.21  section 524.5-401, enter any other appropriate order, or dismiss 
 17.22  the proceeding. 
 17.23     (c) The court shall grant to a guardian only those powers 
 17.24  necessitated by the ward's limitations and demonstrated needs 
 17.25  and, whenever feasible, make appointive and other orders that 
 17.26  will encourage the development of the ward's maximum 
 17.27  self-reliance and independence.  Any power not specifically 
 17.28  granted to the guardian, following a written finding by the 
 17.29  court of a demonstrated need for that power, is retained by the 
 17.30  ward.  
 17.31     (d) Within 14 days after an appointment, a guardian shall 
 17.32  send or deliver to the ward, and counsel if represented at the 
 17.33  hearing, a copy of the order of appointment accompanied by a 
 17.34  notice which advises the ward of the right to appeal the 
 17.35  guardianship appointment in the time and manner provided by the 
 17.36  Rules of Appellate Procedure. 
 18.1      (e) Each year, within 30 days after the anniversary date of 
 18.2   an appointment, a guardian shall send or deliver to the ward a 
 18.3   notice of the right to request termination or modification of 
 18.4   the guardianship and notice of the status of the ward's right to 
 18.5   vote. 
 18.6      Sec. 23.  [641.45] [VOTING ASSISTANCE TO PRISONERS.] 
 18.7      The county sheriff or jailer in each county in consultation 
 18.8   with the county auditor shall determine the number of prisoners 
 18.9   incarcerated in the county jail, workhouse, or other 
 18.10  correctional facility under the control of the county who are 
 18.11  eligible to vote and who desire to vote at a municipal, county, 
 18.12  state, or federal election but will be unable to vote in the 
 18.13  precinct where the prisoner maintains residence because of their 
 18.14  incarceration.  The county sheriff or jailer shall obtain from 
 18.15  the appropriate county auditor the corresponding number of 
 18.16  absentee ballot applications and provide them to the prisoners 
 18.17  requesting them. 
 18.18     Sec. 24.  [642.15] [VOTING ASSISTANCE TO PRISONERS.] 
 18.19     The chief of police or marshal in each city in consultation 
 18.20  with the county auditor shall determine the number of prisoners 
 18.21  incarcerated in the city lockup, jail, workhouse, or other 
 18.22  correctional facility under the control of the city who are 
 18.23  eligible to vote and who desire to vote at a municipal, county, 
 18.24  state, or federal election but will be unable to vote in the 
 18.25  precinct where the prisoner maintains residence because of their 
 18.26  incarceration.  The chief of police or marshal shall obtain from 
 18.27  the appropriate county auditor the corresponding number of 
 18.28  absentee ballot applications and provide them to the prisoners 
 18.29  requesting them.