SF 3846

as introduced - 90th Legislature (2017 - 2018) Posted on 03/28/2018 08:54am

A bill for an act
relating to elections; making changes to the presidential nomination primary law;
allowing mail balloting for the presidential nomination primary; making technical
changes; amending Minnesota Statutes 2016, sections 201.091, subdivision 4;
204B.27, subdivisions 3, 5; 207A.12; 207A.13, subdivision 1; 207A.14; 207A.15,
subdivision 2; Minnesota Statutes 2017 Supplement, section 204C.10.

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

Section 1.

Minnesota Statutes 2016, section 201.091, subdivision 4, is amended to read:

Subd. 4.

Public information lists.

The county auditor shall make available for inspection
a public information list which must contain the name, address, year of birth, and voting
history of each registered voter in the county. deleted text begin The list must include the party choice of any
voter who voted in the most recent presidential nomination primary. deleted text end The telephone number
must be included on the list if provided by the voter. The public information list may also
include information on voting districts. The county auditor may adopt reasonable rules
governing access to the list. No individual inspecting the public information list shall tamper
with or alter it in any manner. No individual who inspects the public information list or who
acquires a list of registered voters prepared from the public information list may use any
information contained in the list for purposes unrelated to elections, political activities, or
law enforcement. The secretary of state may provide copies of the public information lists
and other information from the statewide registration system for uses related to elections,
political activities, or in response to a law enforcement inquiry from a public official
concerning a failure to comply with any criminal statute or any state or local tax statute.

Before inspecting the public information list or obtaining a list of voters or other
information from the list, the individual shall provide identification to the public official
having custody of the public information list and shall state in writing that any information
obtained from the list will not be used for purposes unrelated to elections, political activities,
or law enforcement. Requests to examine or obtain information from the public information
lists or the statewide registration system must be made and processed in the manner provided
in the rules of the secretary of state.

Upon receipt of a statement signed by the voter that withholding the voter's name from
the public information list is required for the safety of the voter or the voter's family, the
secretary of state and county auditor must withhold from the public information list the
name of a registered voter.

Sec. 2.

Minnesota Statutes 2016, section 204B.27, subdivision 3, is amended to read:

Subd. 3.

Instruction posters.

At least 25 days before every state primary new text begin and presidential
nomination primary new text end election, the secretary of state shall prepare and furnish to the county
auditor of each county voter instruction posters printed in large type upon cards or heavy
paper. The instruction posters must contain the information needed to enable the voters to
cast their paper ballots quickly and correctly and indicate the types of assistance available
for elderly and disabled voters. Two instruction posters shall be furnished for each precinct.
Upon mutual agreement, the secretary of state may provide the posters in an electronic
format.

Sec. 3.

Minnesota Statutes 2016, section 204B.27, subdivision 5, is amended to read:

Subd. 5.

Conferences for county auditors.

Before each state primary new text begin and presidential
nomination primary new text end the secretary of state shall conduct conferences with county auditors
to instruct them on the administration of election laws and the training of local election
officials and election judges.

Sec. 4.

Minnesota Statutes 2017 Supplement, 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 is at least 18 years of age, a citizen of the United
States, has resided in Minnesota for 20 days immediately preceding the election, maintains
residence at the address shown, is not under a guardianship in which the court order revokes
the individual's right to vote, has not been found by a court of law to be legally incompetent
to vote or has the right to vote because, 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, is registered and 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."

deleted text begin (b) At the presidential nomination primary, the polling place roster must also state: "I
am in general agreement with the principles of the party for whose candidate I intend to
vote, and I understand that my choice of a party's ballot will be public information." This
statement must appear separately from the statements required in paragraph (a). The felony
penalty provided for in paragraph (a) does not apply to this paragraph.
deleted text end

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

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

deleted text begin (e) deleted text end new text begin (d) new text end Whenever a challenged status appears on the polling place roster, an election
judge must ensure that the challenge is concealed or hidden from the view of any voter other
than the voter whose status is challenged.

Sec. 5.

Minnesota Statutes 2016, section 207A.12, is amended to read:

207A.12 CONDUCTING PRESIDENTIAL NOMINATION PRIMARY.

(a) Except as otherwise provided by law, the presidential nomination primary must be
conducted, and the results canvassed and returned, in the manner provided by law for the
state primary.

new text begin (b) By December 31 of the year before the presidential nomination primary is to be held,
a county may designate, by resolution, combined polling places. The combined polling
places designated in the resolution are the polling places for the following presidential
nomination primary, unless a change is made:
new text end

new text begin (1) pursuant to section 204B.175; or
new text end

new text begin (2) because a polling place has become unavailable.
new text end

new text begin (c) If the county board designates combined polling places pursuant to this subdivision,
polling places must be designated throughout the district, taking into account both
geographical distribution and population distribution. A combined polling place must be at
a location designated for use as a polling place for the state primary and general elections.
new text end

new text begin (d) A governing body of a county may decide by resolution to conduct a presidential
nomination primary by mail in the manner provided by section 204B.45, as far as practicable.
new text end

deleted text begin (b) deleted text end new text begin (e) new text end An individual seeking to vote at the presidential nomination primary must be
registered to vote pursuant to section 201.054, subdivision 1. deleted text begin The voter must request the
ballot of the party for whose candidate the individual wishes to vote. Notwithstanding section
204C.18, subdivision 1, the election judge must record in the polling place roster the name
of the political party whose ballot the voter requested. When posting voter history pursuant
to section 201.171, the county auditor must include the name of the political party whose
ballot the voter requested. The voter instruction posters, pamphlets, and other informational
materials prepared for a presidential primary by the secretary of state pursuant to section
204B.27 must include information about the requirements of this paragraph, including a
notice that the voter's choice of a political party's ballot will be recorded and is public
information.
deleted text end

deleted text begin (c) deleted text end new text begin (f) new text end Immediately after the state canvassing board declares the results of the presidential
nomination primary, the secretary of state must notify the chair of each party of the results.

deleted text begin (d) deleted text end new text begin (g) new text end The results of the presidential nomination primary must bind the election of
delegates in each party.

Sec. 6.

Minnesota Statutes 2016, section 207A.13, subdivision 1, is amended to read:

Subdivision 1.

Form.

(a) Except as provided by law, presidential nomination primary
ballots shall be printed in the same manner as state primary ballots as far as practicable. A
sufficient number of each ballot shall be printed for each precinct and ward in the state.

(b) deleted text begin There must be separate ballots for the names of the candidates of each political party. deleted text end
Each ballot must be headed by the words "Presidential Nomination Primary Ballot." deleted text begin The
heading must also indicate the party that appears on the ballot.
deleted text end

(c) If requested by a party chair, the ballot for that party must contain a place for a voter
to indicate a preference for having delegates to the party's national convention remain
uncommitted. If requested by a party chair, the ballot for that party must contain a blank
line printed below the other choices on the ballot so that a voter may write in the name of
a person who is not listed on the ballot. A request under this paragraph must be submitted
to the secretary of state no later than 63 days before the presidential nomination primary.

Sec. 7.

Minnesota Statutes 2016, section 207A.14, is amended to read:

207A.14 NOTICE OF PRESIDENTIAL NOMINATION PRIMARY; deleted text begin SAMPLE deleted text end new text begin
EXAMPLE new text end BALLOTS.

Subdivision 1.

Notice of primary to counties and municipalities.

Twenty weeks before
a presidential nomination primary is to be held, the secretary of state shall provide notice
to the county auditor of each county of the date of the presidential nomination primary.
Within ten days after notification by the secretary of state, each county auditor shall provide
notice of the date of the presidential nomination primary to each municipal clerk in the
county.

Subd. 2.

deleted text begin Sample deleted text end new text begin Example new text end ballots.

No later than 70 days before the presidential
nomination primary, the secretary of state must supply each county auditor with deleted text begin sample deleted text end new text begin
example new text end ballots to be used at the presidential nomination primary. The deleted text begin sample deleted text end new text begin example new text end
ballots must illustrate the format required for the ballots used in the presidential nomination
primary.

Subd. 3.

Notice of primary to public.

At least 15 days before the date of the presidential
nomination primary, each municipal clerk shall post a public notice stating the date of the
presidential nomination primary, the location of each polling place in the municipality, new text begin and new text end
the hours during which the polling places in the municipality will be open deleted text begin , and information
about the requirements of section 207A.12, paragraph (b), including a notice that the voter's
choice of a political party's ballot will be recorded and is public information deleted text end . The county
auditor shall post a similar notice in the auditor's office with information for any polling
places in unorganized territory in the county. The governing body of a municipality or
county may publish the notice in addition to posting it. Failure to give notice does not
invalidate the election.

Sec. 8.

Minnesota Statutes 2016, section 207A.15, subdivision 2, is amended to read:

Subd. 2.

Reimbursable local expenses.

(a) The secretary of state shall reimburse the
counties and municipalities for expenses incurred in the administration of the presidential
nomination primary from money contained in the presidential nomination primary elections
account deleted text begin . The following expenses are eligible for reimbursement: preparation and printing
of ballots; postage for absentee ballots; publication of the sample ballot; preparation of
polling places in an amount not to exceed $150 per polling place; preparation of electronic
voting systems in an amount not to exceed $100 per precinct; deleted text end new text begin , including new text end compensation for
temporary staff or overtime payments deleted text begin ; deleted text end new text begin , new text end salaries of election judges deleted text begin ; deleted text end new text begin , new text end and compensation of
county canvassing board members.

(b) Within 60 days after the results of a presidential nomination primary are certified
by the State Canvassing Board, the county auditor must submit a request for payment of
the costs incurred by the county for conducting the presidential nomination primary, and
the municipal clerk must submit a request for payment of the costs incurred by the
municipality for conducting the presidential nomination primary. The request for payment
must be submitted to the secretary of state, and must be accompanied by an itemized
description of actual county or municipal expenditures, including copies of invoices. In
addition, the county auditor or municipal clerk must certify that the request for reimbursement
is based on actual costs incurred by the county or municipality in the presidential nomination
primary.

(c) The secretary of state shall provide each county and municipality with the appropriate
forms for requesting payment and certifying expenses under this subdivision. The secretary
of state must not reimburse expenses unless the request for payment and certification of
costs has been submitted as provided in this subdivision. The secretary of state must complete
the issuance of reimbursements to the counties and municipalities no later than 90 days after
the results of the presidential nomination primary have been certified by the State Canvassing
Board.