SF 355

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/15/2016 08:48am

A bill for an act
relating to public safety; restoring the civil right to vote of an individual upon
release from incarceration; requiring notice; repealing county attorney obligation
to promptly investigate voter registration and eligibility; amending Minnesota
Statutes 2014, sections 201.014, by adding a subdivision; 201.12, subdivisions 2,
3; 201.13, subdivision 3; 201.14; 201.157; 204C.10; Minnesota Statutes 2015
Supplement, sections 201.071, subdivision 1; 204C.08, subdivision 1d; 609.165,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 201;
243; repealing Minnesota Statutes 2014, section 201.155; Minnesota Statutes
2015 Supplement, section 201.275.

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

Section 1.

Minnesota Statutes 2014, section 201.014, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Felony conviction; restoration of civil right to vote. new text end

new text begin An individual
convicted of a felony has the civil right to vote restored when the individual completes
any incarceration imposed and executed by the court for the offense, and during any other
period following conviction in which the individual is not incarcerated. If the individual
is later incarcerated for the same offense, the individual's civil right to vote is lost only
during the period of incarceration. A person is considered to be incarcerated under this
subdivision if the person is on work release or other form of temporary release and spends
a portion of a day in a prison, jail, workhouse, or other local correctional facility.
new text end

Sec. 2.

Minnesota Statutes 2015 Supplement, section 201.071, subdivision 1, is
amended to read:

Subdivision 1.

Form.

Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number; and voter's signature. The paper
registration application may include the voter's e-mail address, if provided by the voter.
The electronic voter registration application must include the voter's e-mail address. The
registration application may include the voter's interest in serving as an election judge,
if indicated by the voter. The application must also contain the following certification
of voter eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my
right to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) deleted text begin have the right to vote because, if I have been convicted of a felony, my felony
sentence has expired (been completed) or I have been discharged from my sentence deleted text end new text begin am
not currently incarcerated for a felony offense new text end ; and

(8) have read and understand the following statement: that giving false information
is a felony punishable by not more than five years imprisonment or a fine of not more
than $10,000, or both."

The certification must include boxes for the voter to respond to the following
questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

Sec. 3.

Minnesota Statutes 2014, section 201.12, subdivision 2, is amended to read:

Subd. 2.

Moved within state.

If any nonforwardable mailing from an election
official is returned as undeliverable but with a permanent forwarding address in this state,
the county auditor may change the voter's status to "inactive" in the statewide registration
system and shall transmit a copy of the mailing to the auditor of the county in which the
new address is located. If an election is scheduled to occur in the precinct in which the voter
resides in the next 47 days, the county auditor shall promptly update the voter's address in
the statewide voter registration system. If there is not an election scheduled, the auditor
may wait to update the voter's address until after the next list of address changes is received
from the secretary of state. Once updated, the county auditor shall mail to the voter a notice
stating the voter's name, address, precinct, and polling place, except that if the voter's
record is challenged due to new text begin incarceration for new text end a felony deleted text begin conviction deleted text end new text begin offense new text end , noncitizenship,
name change, incompetence, or a court's revocation of voting rights of individuals under
guardianship, the auditor must not mail the notice. The notice must advise the voter that
the voter's voting address has been changed and that the voter must notify the county
auditor within 21 days if the new address is not the voter's address of residence. The notice
must state that it must be returned if it is not deliverable to the voter at the named address.

Sec. 4.

Minnesota Statutes 2014, section 201.12, subdivision 3, is amended to read:

Subd. 3.

Moved out of state.

If any nonforwardable mailing from an election
official is returned as undeliverable but with a permanent forwarding address outside this
state, the county auditor shall promptly mail to the voter at the voter's new address a
notice advising the voter that the voter's status in the statewide voter registration system
will be changed to "inactive" unless the voter notifies the county auditor within 21 days
that the voter is retaining the former address as the voter's address of residence. If the
voter's record is challenged due to new text begin incarceration for new text end a felony deleted text begin conviction deleted text end new text begin offense new text end , lack of
United States citizenship, legal incompetence, or court-ordered revocation of voting rights
of persons under guardianship, the county auditor must not mail this notice. If the notice is
not received by the deadline, the county auditor shall change the voter's status to "inactive"
in the statewide voter registration system.

Sec. 5.

Minnesota Statutes 2014, section 201.13, subdivision 3, is amended to read:

Subd. 3.

Use of change of address system.

(a) At least once each month the
secretary of state shall obtain a list of individuals registered to vote in this state who have
filed with the United States Postal Service a change of their permanent address. The
secretary of state may also periodically obtain a list of individuals with driver's licenses or
state identification cards to identify those who are registered to vote who have applied to
the Department of Public Safety for a replacement driver's license or state identification
card with a different address, and a list of individuals for whom the Department of Public
Safety received notification of a driver's license or state identification card cancellation
due to a change of residency out of state. However, the secretary of state shall not load
data derived from these lists into the statewide voter registration system within the 47 days
before the state primary or 47 days before a November general election.

(b) If the address is changed to another address in this state, the secretary of state
shall locate the precinct in which the voter resides, if possible. If the secretary of state
is able to locate the precinct in which the voter resides, the secretary must transmit the
information about the changed address by electronic means to the county auditor of the
county in which the new address is located. For addresses for which the secretary of
state is unable to determine the precinct, the secretary may forward information to the
appropriate county auditors for individual review. If the voter has not voted or submitted a
voter registration application since the address change, upon receipt of the information, the
county auditor shall update the voter's address in the statewide voter registration system.
The county auditor shall mail to the voter a notice stating the voter's name, address,
precinct, and polling place, unless the voter's record is challenged due to new text begin incarceration
for new text end a felony deleted text begin conviction deleted text end new text begin offense new text end , noncitizenship, name change, incompetence, or a court's
revocation of voting rights of individuals under guardianship, in which case the auditor
must not mail the notice. The notice must advise the voter that the voter's voting address
has been changed and that the voter must notify the county auditor within 21 days if the
new address is not the voter's address of residence. The notice must state that it must be
returned if it is not deliverable to the voter at the named address.

(c) If the change of permanent address is to an address outside this state, the secretary
of state shall notify by electronic means the auditor of the county where the voter formerly
resided that the voter has moved to another state. If the voter has not voted or submitted a
voter registration application since the address change, the county auditor shall promptly
mail to the voter at the voter's new address a notice advising the voter that the voter's status
in the statewide voter registration system will be changed to "inactive" unless the voter
notifies the county auditor within 21 days that the voter is retaining the former address
as the voter's address of residence, except that if the voter's record is challenged due to
new text begin incarceration for new text end a felony deleted text begin conviction deleted text end new text begin offense new text end , noncitizenship, name change, incompetence,
or a court's revocation of voting rights of individuals under guardianship, the auditor must
not mail the notice. If the notice is not received by the deadline, the county auditor shall
change the voter's status to "inactive" in the statewide voter registration system.

(d) If, in order to maintain voter registration records, the secretary of state enters
an agreement to share information or data with an organization governed exclusively by
a group of states, the secretary must first determine that the data security protocols are
sufficient to safeguard the information or data shared. If required by such an agreement,
the secretary of state may share the following data from the statewide voter registration
system and data released to the secretary of state under section 171.12, subdivision 7a:

(1) name;

(2) date of birth;

(3) address;

(4) driver's license or state identification card number;

(5) the last four digits of an individual's Social Security number; and

(6) the date that an individual's record was last updated.

If the secretary of state enters into such an agreement, the secretary and county auditors
must process changes to voter records based upon that data in accordance with this section.
Except as otherwise provided in this subdivision, when data is shared with the secretary of
state by another state, the secretary of state must maintain the same data classification that
the data had while it was in the possession of the state providing the data.

Sec. 6.

Minnesota Statutes 2014, section 201.14, is amended to read:

201.14 COURT ADMINISTRATOR OF DISTRICT COURT; REPORT
CHANGES OF NAMES.

The state court administrator shall regularly report by electronic means to the
secretary of state the name, address, and, if available, driver's license or state identification
card number of each individual, 18 years of age or over, whose name was changed since
the last report, by marriage, divorce, or any order or decree of the court. The secretary of
state shall determine if any of the persons in the report are registered to vote under their
previous name and shall prepare a list of those registrants for each county auditor. Upon
receipt of the list, the county auditor shall make the change in the voter's record and mail
to the voter the notice of registration required by section 201.121, subdivision 2. A notice
must not be mailed if the voter's record is challenged due to new text begin incarceration for new text end a felony
deleted text begin conviction deleted text end new text begin offense new text end , lack of United States citizenship, legal incompetence, or court-ordered
revocation of voting rights of persons under guardianship.

Sec. 7.

Minnesota Statutes 2014, section 201.157, is amended to read:

201.157 USE OF DEPARTMENT OF CORRECTIONS DATA.

(a) The commissioner of corrections shall make electronic data available to the
secretary of state on individuals 18 years of age or older who are currently deleted text begin : deleted text end new text begin incarcerated in
a state correctional facility.
new text end

deleted text begin (1) serving felony sentences under the commissioner's jurisdiction; or
deleted text end

deleted text begin (2) on probation for felony offenses that would result in the loss of civil rights, as
indicated by the statewide supervision system established under section 241.065.
deleted text end

The data must include the name, date of birth, last known residential address that is
not a correctional facility, and, if available, corrections' state identification number, and
the driver's license or state identification card number, and, if an individual has completed
the sentence, the date of discharge.

(b) The secretary of state must determine if any data newly indicates that:

(1) an individual with an active voter registration in the statewide voter registration
system is currently deleted text begin serving a felony sentence under the commissioner's jurisdiction or is
on probation for a felony offense that would result in the loss of civil rights deleted text end new text begin incarcerated
in a state correctional facility new text end and the individual's voter record does not already have a
challenged status due to a felony conviction;

(2) an individual with an active voter registration in the statewide voter registration
system who is currently deleted text begin serving a felony sentence under the commissioner's jurisdiction
or who is on probation for a felony offense that would result in the loss of civil rights deleted text end new text begin
incarcerated in a state correctional facility new text end appears to have registered to vote or to have
voted during a period when the individual's civil rights were revoked; and

(3) an individual with a voter record that has a challenged status due to a felony
conviction who was serving a felony sentence under the commissioner's jurisdiction
or who has been on probation for a felony offense that would result in the loss of civil
rights has been discharged from a sentence.

The secretary of state shall prepare a list of the registrants included under clause (1),
(2), or (3) for each county auditor. For individuals under clause (1), the county auditor
shall challenge the individual's record in the statewide voter registration system. The
county auditor must provide information to the county attorney about individuals under
clause (2) for the county attorney's investigation. For individuals under clause (3), the
county auditor must determine if the challenge status should be removed from the voter
record for the individual, and if so, must remove the challenge.

The secretary of state must make the required determinations and provide the
required lists to the county auditors at least monthly.

For each state general election that occurs prior to the statewide voter registration
system being programmed to generate lists as required by this section, the secretary of
state must make the determination and provide lists to the county auditors between 30 and
60 days before the election and again between six and ten weeks after the election. In the
year following that state election, the secretary of state must make this determination and
provide lists to the county auditors again as part of the annual list maintenance.

Sec. 8.

new text begin [201.276] DUTIES OF SECRETARY OF STATE; INFORMATION
ABOUT VOTING RIGHTS.
new text end

new text begin The secretary of state shall develop accurate and complete information in a single
publication about the voting rights of people who have been charged with or convicted of
a crime. The secretary of state must make this publication available electronically to the
state court administrator for distribution to judges, court personnel, probation officers,
and the Department of Corrections for distribution to corrections officials, parole and
supervised release agents, and the public. The secretary of state must make the publication
available to the public on the Office of the Secretary of State's Web site.
new text end

Sec. 9.

Minnesota Statutes 2015 Supplement, section 204C.08, subdivision 1d, is
amended to read:

Subd. 1d.

Voter's Bill of Rights.

The county auditor shall prepare and provide to
each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set
forth in this section. Before the hours of voting are scheduled to begin, the election judges
shall post it in a conspicuous location or locations in the polling place. The Voter's Bill
of Rights is as follows:

"VOTER'S BILL OF RIGHTS

For all persons residing in this state who meet federal voting eligibility requirements:

(1) You have the right to be absent from work for the purpose of voting in a state,
federal, or regularly scheduled election without reduction to your pay, personal leave, or
vacation time on election day for the time necessary to appear at your polling place,
cast a ballot, and return to work.

(2) If you are in line at your polling place any time before 8:00 p.m., you have the
right to vote.

(3) If you can provide the required proof of residence, you have the right to register
to vote and to vote on election day.

(4) If you are unable to sign your name, you have the right to orally confirm your
identity with an election judge and to direct another person to sign your name for you.

(5) You have the right to request special assistance when voting.

(6) If you need assistance, you may be accompanied into the voting booth by a
person of your choice, except by an agent of your employer or union or a candidate.

(7) You have the right to bring your minor children into the polling place and into
the voting booth with you.

(8) deleted text begin If you have been convicted of a felony but your felony sentence has expired
(been completed) or you have been discharged from your sentence, deleted text end You have the right to
vote new text begin , even if you have been convicted of a felony, if you are not currently incarcerated for
the felony offense new text end .

(9) If you are under a guardianship, you have the right to vote, unless the court
order revokes your right to vote.

(10) You have the right to vote without anyone in the polling place trying to
influence your vote.

(11) If you make a mistake or spoil your ballot before it is submitted, you have the
right to receive a replacement ballot and vote.

(12) You have the right to file a written complaint at your polling place if you are
dissatisfied with the way an election is being run.

(13) You have the right to take a sample ballot into the voting booth with you.

(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
booth with you."

Sec. 10.

Minnesota Statutes 2014, section 204C.10, is amended to read:

204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.

(a) An individual seeking to vote shall sign a polling place roster or voter signature
certificate which states that the individual new text begin : new text end

new text begin (1) new text end is at least 18 years of age deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) is new text end a citizen of the United States deleted text begin , deleted text end new text begin ;
new text end

new text begin (3) new text end has resided in Minnesota for 20 days immediately preceding the election deleted text begin , deleted text end new text begin ;
new text end

new text begin (4) new text end maintains residence at the address shown deleted text begin , deleted text end new text begin ;
new text end

new text begin (5) new text end is not under a guardianship in which the court order revokes the individual's
right to vote deleted text begin , deleted text end new text begin ;
new text end

new text begin (6) new text end has not been found by a court of law to be legally incompetent to vote deleted text begin or has
the right to vote because, deleted text end new text begin ;
new text end

new text begin (7) new text end deleted text begin if the individual was convicted of a felony, the felony sentence has expired or
been completed or the individual has been discharged from the sentence, deleted text end new text begin is not currently
incarcerated for a felony offense;
new text end

new text begin (8) new text end is registered new text begin ; new text end and

new text begin (9) new text end has not already voted in the election.

The roster must also state: "I understand that deliberately providing false information is
a felony punishable by not more than five years imprisonment and a fine of not more
than $10,000, or both."

(b) A judge may, before the applicant signs the roster or voter signature certificate,
confirm the applicant's name, address, and date of birth.

(c) After the applicant signs the roster or voter signature certificate, the judge shall
give the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge
in charge of ballots as proof of the voter's right to vote, and thereupon the judge shall
hand to the voter the ballot. The voters' receipts must be maintained during the time for
notice of filing an election contest.

Sec. 11.

new text begin [243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE.
new text end

new text begin Subdivision 1. new text end

new text begin Correctional facilities; designation of official. new text end

new text begin The chief executive
officer of each state and local correctional facility shall designate an official within the
facility to provide the notice required under this section to persons to whom the civil right to
vote is restored by reason of the persons' release from actual incarceration. The official shall
maintain an adequate supply of voter registration informational materials for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin Notice requirement. new text end

new text begin A notice of restoration of the civil right to vote must
be provided as follows:
new text end

new text begin (1) the chief executive officer of each state and local correctional facility shall
provide the notice to a person being released from the facility following incarceration for a
felony-level offense; and
new text end

new text begin (2) a probation officer or supervised release agent shall provide the notice to all
individuals under correctional supervision for a felony-level offense.
new text end

new text begin Subd. 3. new text end

new text begin Form of notice. new text end

new text begin The notice required by subdivision 2 must appear
substantially as follows:
new text end

new text begin "NOTICE OF RESTORATION OF YOUR RIGHT TO VOTE.
new text end

new text begin Your receipt of this notice today means that your right to vote in Minnesota has been
restored. Before you can vote on election day, you still need to register to vote and you
must satisfy all other voter eligibility criteria. To register, you may complete a voter
registration application and return it to the Office of the Minnesota Secretary of State. You
may also register to vote in your polling place on election day. You will not be permitted
to cast a ballot until you register to vote. The first time you appear at your polling place to
cast a ballot, you may be required to provide proof of your current residence."
new text end

new text begin Subd. 4. new text end

new text begin Failure to provide notice. new text end

new text begin A failure to provide proper notice as required
by this section does not prevent the restoration of the person's civil right to vote.
new text end

Sec. 12.

Minnesota Statutes 2015 Supplement, section 609.165, subdivision 1, is
amended to read:

Subdivision 1.

Restoration.

new text begin (a) new text end When a person has been deprived of civil rights by
reason of conviction of a crime and is thereafter discharged, such discharge shall restore the
person to all civil rights and to full citizenship, with full right to deleted text begin vote and deleted text end hold office, the
same as if such conviction had not taken place, and the order of discharge shall so provide.

new text begin (b) Section 201.014, subdivision 2a, governs the restoration of voting rights for
persons whose right to vote has been lost due to a felony conviction.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2014, section 201.155, new text end new text begin is repealed.
new text end

new text begin (b) Minnesota Statutes 2015 Supplement, section 201.275, new text end new text begin is repealed.
new text end

Sec. 14. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2016, and applies to elections held on or after that
date. Notices required to be provided by Minnesota Statutes, section 243.205 must be
provided to individuals released from incarceration on or after August 1, 2016.
new text end