SF 2435

as introduced - 87th Legislature (2011 - 2012) Posted on 03/15/2012 08:55am

A bill for an act
relating to elections; amending same day voter registration provisions; amending
the process for challenged voters; providing for provisional ballots; amending
Minnesota Statutes 2010, sections 201.061, subdivision 3; 204C.12, subdivision
3; 204C.32, subdivision 2; 204C.33, subdivision 1; 204C.37; 205.185,
subdivision 3; 205A.10, subdivision 3; Minnesota Statutes 2011 Supplement,
sections 205.065, subdivision 5; 205A.03, subdivision 4; Laws 2011, chapter 65,
section 4; proposing coding for new law in Minnesota Statutes, chapter 204C.

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

Section 1.

Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read:

Subd. 3.

Election day registration.

(a) 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.
new text begin An individual seeking to register on election day may be challenged, as provided in section
204C.12. new text end 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) presenting any document approved by the secretary of state as proper
identification;

(3) 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; or

(ii) a current student fee statement that contains the student's valid address in the
precinct together with a picture identification card; or

(4) having a voter who is registered to vote in the precinct, or who is an employee
employed by and working in a residential facility in the precinct and vouching for a
resident in the facility, sign an oath in the presence of the election judge vouching that the
voter or employee 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. A voter who is registered to vote in
the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
does not apply to an employee of a residential facility described in this clause. The
secretary of state shall provide a form for election judges to use in recording the number
of individuals for whom a voter signs proof-of-residence oaths on election day. The
form must include space for the maximum number of individuals for whom a voter may
sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
a statement that the voter is registered to vote in the precinct, personally knows that the
individual is a resident of the precinct, and is making the statement on oath. The form must
include a space for the voter's printed name, signature, telephone number, and address.

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.

(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.

(c) "Residential facility" means transitional housing as defined in section 256E.33,
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.

(d) For tribal band members, an individual may prove residence for purposes of
registering by:

(1) 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, address, signature, and picture of the individual; or

(2) 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, signature, and picture of the individual and also presenting one of the
documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

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

Sec. 2.

Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:

Subd. 3.

Determination of residence.

new text begin (a) new text end In determining the legal residence of a
challenged individual, the election judges shall be governed by the principles contained in
section 200.031. new text begin If the challenged individual's answers to the questions show eligibility to
vote in that precinct, the individual shall be allowed to vote.
new text end

new text begin (b) new text end If the challenged individual's answers to the questions show ineligibility to
vote in that precinct, the individual shall deleted text begin not deleted text end be allowed to deleted text begin vote deleted text end new text begin cast a provisional ballot
as provided in section 204C.135. If the answers to the questions fail to show that the
individual is not eligible to vote in that precinct and the challenge is not withdrawn, the
individual shall be allowed to cast a provisional ballot as provided in section 204C.135 new text end .

new text begin (c) new text end If the individual has marked ballots but not yet deposited them in the ballot boxes
before the election judges determine ineligibility to vote in that precinct, the marked
ballots shall be placed unopened with the spoiled ballots. deleted text begin If the answers to the questions
fail to show that the individual is not eligible to vote in that precinct and the challenge
is not withdrawn, the election judges shall verbally administer the oath on the voter
certificate to the individual. After taking the oath and completing and signing the voter
certificate, the challenged individual shall be allowed to vote.
deleted text end

Sec. 3.

new text begin [204C.135] PROVISIONAL BALLOTS.
new text end

new text begin Subdivision 1. new text end

new text begin Casting of provisional ballots. new text end

new text begin (a) A voter whose eligibility to
vote is challenged in the polling place and who is unable to overcome the challenge as
permitted by section 204C.12 shall be allowed to cast a provisional ballot in the manner
provided by this section.
new text end

new text begin (b) A voter seeking to cast a provisional ballot must sign a provisional ballot roster
and complete a provisional ballot envelope. The envelope must contain a space for the
voter to list the voter's name, address of residence, date of birth, voter identification
number, and any other information prescribed by the secretary of state. The voter must
also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously
in the same election, and meets the criteria for registering to vote in the precinct in which
the voter appears.
new text end

new text begin (c) Once the voter has completed the provisional ballot envelope, the voter must
be allowed to cast a provisional ballot. The provisional ballot must be the same as the
official ballot available in the precinct on election day. A completed provisional ballot
shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside
the voter's provisional ballot envelope and deposited by the voter in a secure, sealed
provisional ballot box. Completed provisional ballots may not be combined with other
voted ballots in the polling place.
new text end

new text begin (d) The form of the secrecy and provisional ballot envelopes shall be prescribed by
the secretary of state. The provisional ballot envelope must be a color other than that
provided for absentee ballot envelopes and must be prominently labeled "Provisional
Ballot Envelope."
new text end

new text begin (e) Provisional ballots and related documentation shall be delivered to and securely
maintained by the county auditor or municipal clerk in the same manner as required for
other election materials under sections 204C.27 and 204C.28.
new text end

new text begin Subd. 2. new text end

new text begin Counting provisional ballots. new text end

new text begin (a) A voter who casts a provisional ballot in
the polling place may personally appear before the county auditor or municipal clerk no
later than seven calendar days following the election to prove that the voter's provisional
ballot should be counted. The county auditor or municipal clerk must count a provisional
ballot in the final certified results from the precinct if:
new text end

new text begin (1) the statewide voter registration system indicates that the voter is eligible to
vote or, if challenged, the county auditor or municipal clerk does not, based upon
available records and any documentation presented by the voter, conclude that the voter is
ineligible; and
new text end

new text begin (2) the voter presents proof of residence in the precinct in the same manner as
proving residency for same day registration in section 201.061, subdivision 3.
new text end

new text begin (b) If a voter does not appear before the county auditor or municipal clerk within
seven calendar days following the election or otherwise does not satisfy the requirements
of paragraph (a), or if the data listed on the items of identification presented by the voter
does not match the data submitted by the voter on the provisional ballot envelope, the
voter's provisional ballot must not be counted.
new text end

new text begin (c) The county auditor or municipal clerk must notify, in writing, any provisional
voter who does not appear within seven calendar days of the election that the voter's
provisional ballot was not counted because of the voter's failure to appear before the
county auditor or municipal clerk within the time permitted by law to determine whether
the provisional ballot should be counted.
new text end

new text begin Subd. 3. new text end

new text begin Provisional ballots; reconciliation. new text end

new text begin Prior to counting any provisional
ballots in the final vote totals from a precinct, the county auditor must verify that the
number of signatures appearing on the provisional ballot roster from that precinct is equal
to the number of provisional ballots submitted by voters in the precinct on election day.
Any discrepancy must be resolved before the provisional ballots from the precinct may
be counted. Excess provisional ballots must be randomly withdrawn in the manner
required by section 204C.20, subdivision 2, after the period for a voter to appear to prove
residence and identity has expired and the ballots to be counted have been separated from
the provisional ballot envelopes.
new text end

Sec. 4.

Minnesota Statutes 2010, section 204C.32, subdivision 2, is amended to read:

Subd. 2.

State canvass.

The State Canvassing Board shall meet at the Secretary of
State's Office deleted text begin seven deleted text end new text begin 14 new text end days after the state primary to canvass the certified copies of the
county canvassing board reports received from the county auditors. Immediately after
the canvassing board declares the results, the secretary of state shall certify the names of
the nominees to the county auditors. The secretary of state shall mail to each nominee
a notice of nomination.

Sec. 5.

Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:

Subdivision 1.

County canvass.

The county canvassing board shall meet at the
county auditor's office between the deleted text begin third deleted text end new text begin eighth new text end and deleted text begin tenth deleted text end new text begin 14th new text end days following the state
general election. After taking the oath of office, the board shall promptly and publicly
canvass the general election returns delivered to the county auditor. Upon completion of
the canvass, the board shall promptly prepare and file with the county auditor a report
which states:

(a) the number of individuals voting at the election in the county and in each precinct;

(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;

(c) the names of the candidates for each office and the number of votes received by
each candidate in the county and in each precinct;

(d) the number of votes counted for and against a proposed change of county lines
or county seat; and

(e) the number of votes counted for and against a constitutional amendment or other
question in the county and in each precinct.

The result of write-in votes cast on the general election ballots must be compiled by
the county auditor before the county canvass, except that write-in votes for a candidate for
federal, state, or county office must not be counted unless the candidate has timely filed a
request under section 204B.09, subdivision 3. The county auditor shall arrange for each
municipality to provide an adequate number of election judges to perform this duty or the
county auditor may appoint additional election judges for this purpose. The county auditor
may open the envelopes or containers in which the voted ballots have been sealed in order
to count and record the write-in votes and must reseal the voted ballots at the conclusion
of this process. The county auditor must prepare a separate report of votes received by
precinct for write-in candidates for federal, state, and county offices who have requested
under section 204B.09 that votes for those candidates be tallied.

Upon completion of the canvass, the county canvassing board shall declare the
candidate duly elected who received the highest number of votes for each county and state
office voted for only within the county. The county auditor shall transmit a certified
copy of the county canvassing board report for state and federal offices to the secretary
of state by messenger, express mail, or similar service immediately upon conclusion of
the county canvass.

Sec. 6.

Minnesota Statutes 2010, section 204C.37, is amended to read:

204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
STATE.

A copy of the report required by sections 204C.32, subdivision 1, and 204C.33,
subdivision 1, shall be certified under the official seal of the county auditor. The copy shall
be enclosed in an envelope addressed to the secretary of state, with the county auditor's
name and official address and the words "Election Returns" endorsed on the envelope. The
copy of the canvassing board report and the precinct summary statements must be sent
by express mail or delivered to the secretary of state. If the copy is not received by the
secretary of state within ten days following deleted text begin the applicable deleted text end new text begin a primary election, or within 16
days following a general new text end election, the secretary of state shall immediately notify the county
auditor, who shall deliver another copy to the secretary of state by special messenger.

Sec. 7.

Minnesota Statutes 2011 Supplement, section 205.065, subdivision 5, is
amended to read:

Subd. 5.

Results.

(a) The municipal primary shall be conducted and the returns
made in the manner provided for the state primary so far as practicable. If the primary
is conducted:

(1) only within that municipality, a canvass may be conducted on either the second
or third day after the primary; or

(2) in conjunction with the state primary, the canvass must be conducted on the third
day after the primary, except as otherwise provided in paragraph (b).

The governing body of the municipality shall canvass the returns, and the two
candidates for each office who receive the highest number of votes, or a number of
candidates equal to twice the number of individuals to be elected to the office, who receive
the highest number of votes, shall be the nominees for the office named. Their names shall
be certified to the municipal clerk who shall place them on the municipal general election
ballot without partisan designation and without payment of an additional fee.

(b) Following a municipal primary as described in paragraph (a), clause (2), a
canvass may be conducted on the deleted text begin second deleted text end new text begin eighth new text end day after the primary if the county auditor
of each county in which the municipality is located agrees to administratively review the
municipality's primary voting statistics for accuracy and completeness within a time that
permits the canvass to be conducted on that day.

Sec. 8.

Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to read:

Subd. 3.

Canvass of returns, certificate of election, ballots, disposition.

(a)
Between the deleted text begin third deleted text end new text begin eighth new text end and deleted text begin tenth deleted text end new text begin 14th new text end days after an election, the governing body of a
city conducting any election including a special municipal election, or the governing body
of a town conducting the general election in November shall act as the canvassing board,
canvass the returns, and declare the results of the election. The governing body of a town
conducting the general election in March shall act as the canvassing board, canvass the
returns, and declare the results of the election within deleted text begin two deleted text end new text begin ten new text end days after an election.

(b) After the time for contesting elections has passed, the municipal clerk shall issue a
certificate of election to each successful candidate. In case of a contest, the certificate shall
not be issued until the outcome of the contest has been determined by the proper court.

(c) In case of a tie vote, the canvassing board having jurisdiction over the
municipality shall determine the result by lot. The clerk of the canvassing board shall
certify the results of the election to the county auditor, and the clerk shall be the final
custodian of the ballots and the returns of the election.

Sec. 9.

Minnesota Statutes 2011 Supplement, section 205A.03, subdivision 4, is
amended to read:

Subd. 4.

Results.

(a) The school district primary must be conducted and the returns
made in the manner provided for the state primary as far as practicable. If the primary
is conducted:

(1) only within that school district, a canvass may be conducted on either the second
or third day after the primary; or

(2) in conjunction with the state primary, the canvass must be conducted on the third
day after the primary, except as otherwise provided in paragraph (b).

The school board of the school district shall canvass the returns, and the two
candidates for each specified school board position who receive the highest number of
votes, or a number of candidates equal to twice the number of individuals to be elected to
at-large school board positions who receive the highest number of votes, are the nominees
for the office named. Their names must be certified to the school district clerk who shall
place them on the school district general election ballot without partisan designation
and without payment of an additional fee.

(b) Following a school district primary as described in paragraph (a), clause (2), a
canvass may be conducted on the deleted text begin second deleted text end new text begin eighth new text end day after the primary if the county auditor
of each county in which the school district is located agrees to administratively review the
school district's primary voting statistics for accuracy and completeness within a time that
permits the canvass to be conducted on that day.

Sec. 10.

Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to read:

Subd. 3.

Canvass of returns, certificate of election, ballots, disposition.

Between
the deleted text begin third deleted text end new text begin eighth new text end and deleted text begin tenth deleted text end new text begin 14th new text end days after a school district election other than a recount of a
special election conducted under section 126C.17, subdivision 9, or 475.59, the school
board shall canvass the returns and declare the results of the election. After the time for
contesting elections has passed, the school district clerk shall issue a certificate of election
to each successful candidate. If there is a contest, the certificate of election to that office
must not be issued until the outcome of the contest has been determined by the proper
court. If there is a tie vote, the school board shall determine the result by lot. The clerk
shall deliver the certificate of election to the successful candidate by personal service or
certified mail. The successful candidate shall file an acceptance and oath of office in
writing with the clerk within 30 days of the date of mailing or personal service. A person
who fails to qualify prior to the time specified shall be deemed to have refused to serve,
but that filing may be made at any time before action to fill the vacancy has been taken.
The school district clerk shall certify the results of the election to the county auditor, and
the clerk shall be the final custodian of the ballots and the returns of the election.

A school district canvassing board shall perform the duties of the school board
according to the requirements of this subdivision for a recount of a special election
conducted under section 126C.17, subdivision 9, or 475.59.

Sec. 11.

Laws 2011, chapter 65, section 4, is amended to read:

Sec. 4.

Minnesota Statutes 2010, section 204C.32, subdivision 1, is amended to read:

Subdivision 1.

County canvass.

The county canvassing board shall meet at the
county auditor's office on deleted text begin either deleted text end the deleted text begin second or third deleted text end new text begin eighth new text end day following the state primary.
After taking the oath of office, the canvassing board shall publicly canvass the election
returns delivered to the county auditor. The board shall complete the canvass by the
third day following the state primary and shall promptly prepare and file with the county
auditor a report that states:

(a) the number of individuals voting at the election in the county, and in each
precinct;

(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;

(c) for each major political party, the names of the candidates running for each
partisan office and the number of votes received by each candidate in the county and in
each precinct;

(d) the names of the candidates of each major political party who are nominated; and

(e) the number of votes received by each of the candidates for nonpartisan office in
each precinct in the county and the names of the candidates nominated for nonpartisan
office.

Upon completion of the canvass, the county auditor shall mail or deliver a notice of
nomination to each nominee for county office voted for only in that county. The county
auditor shall transmit one of the certified copies of the county canvassing board report
for state and federal offices to the secretary of state by express mail or similar service
immediately upon conclusion of the county canvass. The secretary of state shall mail a
notice of nomination to each nominee for state or federal office.

Sec. 12. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 11 are effective for elections held on or after January 1, 2013.
new text end