1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to elections; changing certain absentee 1.3 ballot provisions; amending Minnesota Statutes 1996, 1.4 section 203B.02, subdivision 1; Minnesota Statutes 1.5 1997 Supplement, sections 203B.03, subdivision 1; and 1.6 203B.04, subdivision 1. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 1996, section 203B.02, 1.9 subdivision 1, is amended to read: 1.10 Subdivision 1. [
UNABLE TO GO TO POLLING PLACEELIGIBILITY 1.11 FOR ABSENTEE VOTING.] Any eligible voter who reasonably expects 1.12 to be unable to go to the polling place on election day in the 1.13 precinct where the individual maintains residence because of1.14 absence from the precinct, illness, disability, religious1.15 discipline, observance of a religious holiday, or service as an1.16 election judge in another precinctmay vote by absentee ballot 1.17 as provided in sections 203B.04 to 203B.15. The voter must 1.18 indicate on the application for absentee ballots the reason that 1.19 the voter will be unable to vote in person at the polling place 1.20 on election day. 1.21 Sec. 2. Minnesota Statutes 1997 Supplement, section 1.22 203B.03, subdivision 1, is amended to read: 1.23 Subdivision 1. [VIOLATION.] No individual shall 1.24 intentionally: 1.25 (a) make or sign any false certificate required by this 1.26 chapter; 2.1 (b) make any false or untrue statement in any application 2.2 for absentee ballots; 2.3 (c) apply for absentee ballots more than once in any 2.4 election with the intent to cast an illegal ballot; 2.5 (d) exhibit a ballot marked by that individual to any other 2.6 individual; 2.7 (e) do any act in violation of the provisions of this 2.8 chapter for the purpose of casting an illegal vote in any 2.9 precinct or for the purpose of aiding another to cast an illegal 2.10 vote; 2.11 (f) use information from absentee ballot materials or 2.12 records for purposes unrelated to elections, political 2.13 activities, or law enforcement; or2.14 (g) provide assistance to an absentee voter except in the 2.15 manner provided by section 204C.15, subdivision 1; 2.16 (h) accept any payment of money or other thing of monetary 2.17 value for either delivery in person or depositing in the mail of 2.18 an absentee ballot application or voted ballot to the county 2.19 auditor or local election official; or 2.20 (i) solicit the vote of an absentee voter while in the 2.21 residence or in the immediate presence of the voter and during 2.22 the time the individual knows the absentee voter is voting. 2.23 Before inspecting information from absentee ballot 2.24 materials or records, an individual shall provide identification 2.25 to the public official having custody of the material or 2.26 information. 2.27 Sec. 3. Minnesota Statutes 1997 Supplement, section 2.28 203B.04, subdivision 1, is amended to read: 2.29 Subdivision 1. [APPLICATION PROCEDURES.] Except as 2.30 otherwise allowed by subdivision 2, an application for absentee 2.31 ballots for any election may be submitted at any time not less 2.32 than one day before the day of that election. The county 2.33 auditor shall prepare absentee ballot application forms in the 2.34 format provided in the rules of the secretary of state and shall 2.35 furnish them to any person on request. An application submitted 2.36 pursuant to this subdivision shall be in writing and shall be 3.1 submitted to: 3.2 (a) the county auditor of the county where the applicant 3.3 maintains residence; or 3.4 (b) the municipal clerk of the municipality, or school 3.5 district if applicable, where the applicant maintains residence. 3.6 An application shall be accepted if it is signed and dated 3.7 by the applicant, contains the applicant's name and residence 3.8 and mailing addresses, and states that the applicant is eligible3.9 to vote by absentee ballot for one of the reasons specified in3.10 section 203B.02the reason that the voter will be unable to vote 3.11 in person at the polling place on election day. An application 3.12 may be submitted to the county auditor or municipal clerk by an 3.13 electronic facsimile device, at the discretion of the auditor or 3.14 clerk. An application mailed or returned in person to the 3.15 county auditor or municipal clerk on behalf of a voter by a 3.16 person other than the voter must be deposited in the mail or 3.17 returned in person to the county auditor or municipal clerk 3.18 within ten days after it has been dated by the voter and no 3.19 later than six days before the election. The absentee ballot 3.20 applications or a list of persons applying for an absentee 3.21 ballot may not be made available for public inspection until the 3.22 close of voting on election day.