SF 2976

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

A bill for an act
relating to elections; clarifying documents acceptable to prove residence;
amending Minnesota Statutes 2004, section 201.061, by adding a subdivision;
Minnesota Statutes 2005 Supplement, section 201.061, subdivision 3.

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

Section 1.

Minnesota Statutes 2005 Supplement, 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.
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 photo identification along with a current utility bill that shows the
individual's name and valid residential address in the precinct;
new text end

new text begin (3) 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 (4) 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; or

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

deleted text begin (4) deleted text end new text begin (5) new text end 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.

new text begin (b) new text end 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 deleted text begin
described in this clause deleted text end . 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 and the information on the oath must be
recorded on the records of both the voter registering on election day and the voter who
is vouching for the person's residence, and entered into the statewide voter registration
system by the county auditor when the voter registration application is entered into that
system.

deleted text begin (b) deleted text end new text begin (c) new text end 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.

deleted text begin (c) deleted text end new text begin (d) new text end "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.

deleted text begin (d) deleted text end new text begin (e) new text end For tribal band members, 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, address, signature, and picture of the individual.

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

Sec. 2.

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

new text begin Subd. 3a. new text end

new text begin Definitions. new text end

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

new text begin (b) "Photo identification" includes any identification that displays the name and
photo of an individual and that was issued anywhere in the United States by a federal,
state, or local government, a tribal government of a tribe recognized by the Bureau of
Indian Affairs, a college or university, or a high school.
new text end

new text begin (c) "Utility bill" includes a bill for gas, electricity, telephone, wireless telephone,
cable television, satellite television, solid waste, water, or sewer services. To be "current,"
the due date on the bill must be within 30 days before or after election day.
new text end