SF 3303

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

A bill for an act
relating to elections; providing that the secretary of state shall distribute
application for ballots to be cast pursuant to sections 203B.15 to 203B.31 in
conformity with the Uniformed and Overseas Citizens Voter Act; appropriating
money; amending Minnesota Statutes 2004, sections 203B.17; 203B.18;
203B.19.

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

Section 1.

Minnesota Statutes 2004, section 203B.17, is amended to read:

203B.17 APPLICATION FOR BALLOT.

Subdivision 1.

Submission of application.

(a) An application for absentee ballots
for a voter described in section 203B.16 may be submitted in writing or by electronic
facsimile device, or by electronic mail upon determination by the secretary of state that
security concerns have been adequately addressed. An application for absentee ballots for
a voter described in section 203B.16 may be submitted by that voter or by that voter's
parent, spouse, sister, brother, or child over the age of 18 years. For purposes of an
application under this subdivision, a person's Social Security number, no matter how it
is designated, qualifies as the person's military identification number if the person is
in the military.

(b) An application for a voter described in section 203B.16, subdivision 1, shall
be submitted to the county auditor of the county where the voter maintains residence
secretary of state.

(c) An application for a voter described in section 203B.16, subdivision 2, shall be
submitted to the county auditor of the county where the voter last maintained residence in
Minnesota that is rejected by the secretary of state shall be returned to the voter with an
explanation of the reason for rejection and accompanied by a new, blank application for an
absentee ballot for a voter described in section 203B.16. The secretary of state shall enter
the name and address of the voter, the date of rejection, and the reason for the rejection
into the statewide voter registration system.

(d) An application for absentee ballots shall be valid for any primary, special
primary, general election, or special election from the time the application is received
through the next two regularly scheduled general elections for federal office held after the
date on which the application is received.

(e) There shall be no limitation of time for filing and receiving applications for
ballots under sections 203B.16 to 203B.27.

Subd. 2.

Required information.

An application shall be accepted if it contains the
following information stated under oath:

(a) The voter's name, birthdate, and present address of residence in Minnesota, or
former address of residence in Minnesota if the voter is living permanently outside the
United States;

(b) A statement indicating that the voter is in the military, or is the spouse or
dependent of an individual serving in the military, or is temporarily outside the territorial
limits of the United States, or is living permanently outside the territorial limits of the
United States and voting under federal law;

(c) A statement that the voter expects to be absent from the precinct at the time
of the election;

(d) The address to which absentee ballots are to be mailed;

(e) The voter's signature or the signature and relationship of the individual
authorized to apply on the voter's behalf; and

(f) The voter's military identification card number, passport number, or, if the voter
does not have a valid passport or identification card, the signed statement of an individual
authorized to administer oaths or a commissioned or noncommissioned officer of the
military not below the rank of sergeant or its equivalent, certifying that the voter or other
individual requesting absentee ballots has attested to the truthfulness of the contents of
the application under oath.

The oath taken must be the standard oath prescribed by section 101(b)(7) of the
Uniformed and Overseas Citizens Absentee Voting Act.

A form for providing this information shall be prepared by each county auditor the
secretary of state and shall be furnished to individuals who request it pursuant to this
section by the secretary of state or any other election official.

Sec. 2.

Minnesota Statutes 2004, section 203B.18, is amended to read:

203B.18 FORWARDING APPLICATIONS.

If an Each application for absentee ballots under sections 203B.16 to 203B.27, is
received and accepted by the secretary of state or by any election official other than the
proper county auditor described in section 203B.17, subdivision 1, that official shall
forward the application be forwarded by the secretary of state to the appropriate county
auditor by electronic or other means within two business days of the acceptance.

Sec. 3.

Minnesota Statutes 2004, section 203B.19, is amended to read:

203B.19 RECORDING APPLICATIONS, BALLOTS SENT AND RECEIVED,
AND REJECTED APPLICATIONS AND BALLOTS.

Upon accepting an application, the county auditor secretary of state shall record in
the statewide registration system the voter's name, address of present or former residence
in Minnesota, mailing address, school district number, and whether the voter is in the
military or the spouse or dependent of an individual serving in the military, is a voter
temporarily outside the territorial limits of the United States, or is living permanently
outside the territorial limits of the United States and voting under federal law. The
secretary of state shall then forward the application to the county auditor, who shall issue
the appropriate absentee ballot materials within two business days or on the first business
day absentee ballot materials are available, whichever is later. The county auditor shall
retain the record for six years. A voter whose name is recorded as provided in this section
shall not be required to register under any other provision of law in order to vote under
sections 203B.16 to 203B.27. Persons from whom applications are not accepted must be
notified by the county auditor and provided with the reasons for the rejection.

The county auditor must enter the name, address, and date the ballot was sent to the
voter of each voter sent a ballot pursuant to sections 203B.16 to 203B.27, into the statewide
voter registration system within two business days of sending the ballot to the voter.

The county auditor must, upon rejecting a ballot, immediately provide the voter
with a reason for the rejection of the ballot. If the ballot is rejected before the election
and sufficient time remains before the election for a replacement ballot to be transmitted
to the voter and for the voter to resubmit a ballot in a manner conforming to law, the
county auditor shall send a replacement ballot immediately upon rejection with the reason
for rejection. In all cases, name and address of the voter, the date of rejection, and the
reason for the rejection shall be entered into the statewide voter registration system by
the county auditor.

No later than 60 days after the general election, the county auditor shall report
to the secretary of state the combined number of absentee ballots transmitted to absent
voters described in section 203B.16. No later than 60 days after the general election, the
county auditor shall report to the secretary of state the combined number of absentee
ballots returned and, rejected or cast by absent voters described in section 203B.16. The
county auditor shall also report the number of ballots mailed to voters and returned
marked "Undeliverable." The secretary of state may require the information be reported
by category under section 203B.16 or by precinct.

No later than 90 days after the general election, the secretary of state shall report to
the federal Election Assistance Commission the number of absentee ballots transmitted to
voters under section 203B.16., and shall also report the number of ballots returned, the
number of ballots rejected and cast, the reasons for rejection, and the number of ballots
mailed to voters and returned marked "Undeliverable."

Sec. 4. EFFECTIVE DATE.

Sections 1 to 3 are effective July 1, 2006.