SF 323

as introduced - 90th Legislature (2017 - 2018) Posted on 01/24/2017 08:40am

A bill for an act
relating to elections; providing for automatic voter registration of applicants for a
driver's license, instruction permit, or identification card; amending Minnesota
Statutes 2016, sections 13.607, by adding a subdivision; 201.161.

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

Section 1.

Minnesota Statutes 2016, section 13.607, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Data derived from driver's license applications. new text end

new text begin Data on an application for
a driver's license, a Minnesota identification card, or a learner's permit transferred to the
secretary of state that are provided by a person whom the secretary of state determines is
not eligible to vote are governed by section 201.161.
new text end

Sec. 2.

Minnesota Statutes 2016, section 201.161, is amended to read:

201.161 new text begin AUTOMATIC REGISTRATION OF new text end DRIVER'S LICENSE new text begin ,
INSTRUCTION PERMIT, new text end AND IDENTIFICATION CARD deleted text begin APPLICATIONS deleted text end new text begin
APPLICANTS new text end .

new text begin Subdivision 1. new text end

new text begin Automatic registration. new text end

new text begin An individual who properly completes an
application for a new or renewed Minnesota driver's license, instruction permit, or
identification card, and who is eligible to vote under section 201.014, must be registered to
vote as provided in this section, unless the applicant declines to be registered.
new text end

new text begin Subd. 2. new text end

new text begin Applications. new text end

The deleted text begin Department deleted text end new text begin commissioner new text end of public safety new text begin , in consultation
with the secretary of state, new text end shall change deleted text begin its deleted text end new text begin the new text end applications for an original, duplicate, or
change of address driver's license new text begin , instruction permit, new text end or identification card so that the forms
may also serve as voter registration applications. The forms must contain spaces for all
information collected by voter registration applications prescribed by the secretary of state new text begin
and a box for the applicant to decline to be registered to vote new text end . deleted text begin Applicants for driver's licenses
or identification cards must be asked if they want to register to vote at the same time and
that deleted text end new text begin Unless the applicant has declined to be registered to vote or has provided an address
other than the applicant's address of residence under section 171.12, subdivision 7, paragraph
(d), the commissioner shall transmit the new text end information deleted text begin must be transmitted at least weekly deleted text end new text begin
daily new text end by electronic means to the secretary of state. Pursuant to the Help America Vote Act
of 2002, Public Law 107-252, the computerized driver's license record containing the voter's
name, address, date of birth, new text begin citizenship, new text end driver's license number or state identification
number, county, deleted text begin town, deleted text end and city new text begin or town new text end must be made available for access by the secretary
of state and interaction with the statewide voter registration system.

new text begin Subd. 3. new text end

new text begin Registration. new text end

new text begin (a) The secretary of state shall determine whether the applicant
is currently registered in the statewide voter registration system. For each currently registered
voter whose registration is not changed, the secretary of state shall update the voter's
registration date in the statewide voter registration system. For each currently registered
voter whose registration is changed, the secretary of state shall transmit the registration
daily by electronic means to the county auditor of the county where the voter resides.
new text end

new text begin (b) If the applicant is not currently registered in the statewide voter registration system,
the secretary of state shall determine whether the applicant is 18 years of age or older and
a citizen of the United States and compare the voter registration information received from
the commissioner of public safety with the information on wards, incompetents, and felons
received from the state court administrator under sections 201.15 and 201.155, and with
data received from the commissioner of corrections under section 201.157, to determine
whether the applicant is eligible to vote. If an applicant is less than 18 years of age, the
secretary of state shall wait until the applicant has turned 18 years of age to determine
whether the applicant is eligible to vote. For each applicant the secretary of state determines
is an eligible voter, the secretary of state shall transmit the registration daily by electronic
means to the county auditor of the county where the voter resides.
new text end

new text begin (c) Any data on applicants who the secretary determines are not eligible to vote are
private data on individuals, as defined in section 13.02, subdivision 12.
new text end

new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin Upon receipt of the registration, the county auditor shall mail to the
voter the notice of registration required by section 201.121, subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Effective date. new text end

new text begin An application for registration that is dated during the 20 days
before an election in any jurisdiction within which the voter resides is not effective until
the day after the election.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin An applicant for a Minnesota driver's license, instruction permit, or identification card
must not be registered to vote under section 2 until the commissioner of the Department of
Public Safety has certified that the department's systems have been tested and can accurately
provide the necessary data, and the secretary of state has certified that the system for
automatic registration of those applicants has been tested and is capable of properly
determining whether an applicant is eligible to vote.
new text end