SF 564

as introduced - 88th Legislature (2013 - 2014) Posted on 03/07/2013 09:42am

A bill for an act
relating to elections; modifying eligibility requirements for voting by absentee
ballot; modifying certain procedures related to applying for, obtaining, or casting
an absentee ballot; requiring county auditors to explain absentee ballot changes to
certain voters; amending Minnesota Statutes 2012, sections 203B.02, subdivision
1; 203B.03, subdivision 1; 203B.04, subdivisions 1, 5; 203B.06, subdivisions 1,
3; 203B.065; 203B.12, subdivision 7; 203B.121, subdivisions 2, 3, 5; proposing
coding for new law in Minnesota Statutes, chapter 203B; repealing Minnesota
Statutes 2012, section 203B.04, subdivision 6.

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

Section 1.

Minnesota Statutes 2012, section 203B.02, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Unable to go to polling place deleted text end new text begin Absentee voting; eligibility new text end .

deleted text begin (a) deleted text end Any
eligible voter deleted text begin who reasonably expects to be unable to go to the polling place on election
day in the precinct where the individual maintains residence because of absence from the
precinct; illness, including isolation or quarantine under sections 144.419 to 144.4196
or United States Code, title 42, sections 264 to 272; disability; religious discipline;
observance of a religious holiday; or service as an election judge in another precinct deleted text end may
vote by absentee ballot as provided in sections 203B.04 to 203B.15.

deleted text begin (b) If the governor has declared an emergency and filed the declaration with the
secretary of state under section 12.31, and the declaration states that the emergency has
made it difficult for voters to go to the polling place on election day, any voter in a
precinct covered by the declaration may vote by absentee ballot as provided in sections
203B.04 to 203B.15.
deleted text end

Sec. 2.

Minnesota Statutes 2012, section 203B.03, subdivision 1, is amended to read:

Subdivision 1.

Violation.

No individual shall intentionally:

(a) make or sign any false certificate new text begin or oath new text end required by this chapter;

(b) make any false or untrue statement in any application new text begin or request new text end for absentee
ballots;

(c) apply for absentee ballots more than once in any election with the intent to
cast an illegal ballot;

(d) exhibit a ballot marked by that individual to any other individual;

(e) do any act in violation of the provisions of this chapter for the purpose of casting
an illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;

(f) use information from absentee ballot materials or records for purposes unrelated
to elections, political activities, or law enforcement;

(g) provide assistance to an absentee voter except in the manner provided by section
204C.15, subdivision 1;

(h) solicit the vote of an absentee voter while in the immediate presence of the voter
during the time the individual knows the absentee voter is voting; or

(i) alter an absentee ballot application after it has been signed by the voter, except by
an election official for administrative purposes.

Before inspecting information from absentee ballot materials or records, an
individual shall provide identification to the public official having custody of the material
or information.

Sec. 3.

Minnesota Statutes 2012, section 203B.04, subdivision 1, is amended to read:

Subdivision 1.

Application procedures.

(a) Except as otherwise allowed by
subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for
any election may be submitted at any time not less than one day before the day of that
election. The county auditor shall prepare absentee ballot application forms in the format
provided by the secretary of state and shall furnish them to any person on request. By
January 1 of each even-numbered year, the secretary of state shall make the forms to be
used available to auditors through electronic means. An application submitted pursuant to
this subdivision shall be in writing and shall be submitted to:

(1) the county auditor of the county where the applicant maintains residence; or

(2) the municipal clerk of the municipality, or school district if applicable, where
the applicant maintains residence.

(b) An application shall be approved if it is timely received, signed and dated by
the applicant, contains the applicant's name and residence and mailing addresses, date
of birth, and at least one of the following:

(1) the applicant's Minnesota driver's license number;

(2) Minnesota state identification card number;

(3) the last four digits of the applicant's Social Security number; or

(4) a statement that the applicant does not have any of these numbers.

(c) To be approved, the application must deleted text begin state that the applicant is eligible to vote by
absentee ballot for one of the reasons specified in section 203B.02, and must deleted text end contain an oath
that the information contained on the form is accurate, that the applicant is applying on the
applicant's own behalf, and that the applicant is signing the form under penalty of perjury.

(d) An applicant's full date of birth, Minnesota driver's license or state identification
number, and the last four digits of the applicant's Social Security number must not be
made available for public inspection. An application may be submitted to the county
auditor or municipal clerk by an electronic facsimile device. An application mailed or
returned in person to the county auditor or municipal clerk on behalf of a voter by a
person other than the voter must be deposited in the mail or returned in person to the
county auditor or municipal clerk within ten days after it has been dated by the voter and
no later than six days before the election. The absentee ballot applications or a list of
persons applying for an absentee ballot may not be made available for public inspection
until the close of voting on election day.

(e) An application under this subdivision may contain an application under
subdivision 5 to automatically receive an absentee ballot application.

Sec. 4.

Minnesota Statutes 2012, section 203B.04, subdivision 5, is amended to read:

Subd. 5.

Permanent deleted text begin illness or disability deleted text end new text begin absentee voter status new text end .

(a) An eligible
voter deleted text begin who reasonably expects to be permanently unable to go to the polling place on
election day because of illness or disability deleted text end may apply to a county auditor or municipal
clerk under this section to automatically receive an absentee ballot deleted text begin application deleted text end before each
election, other than an election by mail conducted under section 204B.45, and to have the
status as a permanent absentee voter indicated on the voter's registration record.

(b) new text begin A voter who applies under paragraph (a), must automatically be provided an
absentee ballot for each eligible election. Ballots sent in accordance with this section must
be sent by nonforwardable mail. A voter's permanent absentee status ends and automatic
ballot delivery must be terminated on:
new text end

new text begin (1) the voter's written request;
new text end

new text begin (2) the voter's death;
new text end

new text begin (3) return of a permanent absentee ballot as undeliverable; or
new text end

new text begin (4) a change in the voter's status to "challenged" or "inactive" in the statewide voter
registration system.
new text end

new text begin (c) new text end The secretary of state shall adopt rules governing procedures under this
subdivision.

Sec. 5.

Minnesota Statutes 2012, section 203B.06, subdivision 1, is amended to read:

Subdivision 1.

Printing and delivery of forms.

Each county auditor and municipal
clerk shall prepare and print a sufficient number of blank application forms for absentee
ballots. The county auditor or municipal clerk shall deliver a blank application form to
any voter who requests one pursuant to section 203B.04. deleted text begin Blank application forms must be
mailed to eligible voters who have requested an application pursuant to section 203B.04,
subdivision 5 or 6, at least 60 days before:
deleted text end

deleted text begin (1) each regularly scheduled primary for federal, state, county, city, or school board
office;
deleted text end

deleted text begin (2) each regularly scheduled general election for city or school board office for
which a primary is not held; and
deleted text end

deleted text begin (3) a special primary to fill a federal or county office vacancy or special election to
fill a federal or county office vacancy, if a primary is not required to be held pursuant to
section 204D.03, subdivision 3, or 204D.07, subdivision 3; and
deleted text end

deleted text begin (4) any election held in conjunction with an election described in clauses (1) to (3);
deleted text end

deleted text begin or at least 45 days before any other primary or other election for which a primary is not held.
deleted text end

Sec. 6.

Minnesota Statutes 2012, section 203B.06, subdivision 3, is amended to read:

Subd. 3.

Delivery of ballots.

(a) If an application for absentee ballots is accepted
at a time when absentee ballots are not yet available for distribution, the county auditor,
or municipal clerk accepting the application shall file it and as soon as absentee ballots
are available for distribution shall mail them to the address specified in the application.
If an application for absentee ballots is accepted when absentee ballots are available for
distribution, the county auditor or municipal clerk accepting the application shall promptly:

(1) mail the ballots to the voter whose signature appears on the application if the
application is submitted by mail and does not request commercial shipping under clause (2);

(2) ship the ballots to the voter using a commercial shipper requested by the voter at
the voter's expense;

(3) deliver the absentee ballots directly to the voter if the application is submitted in
person; deleted text begin or
deleted text end

(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
voter who would have difficulty getting to the polls because of incapacitating health
reasons, or who is disabled, or who is a patient in a health care facility, a resident of
a facility providing assisted living services governed by chapter 144G, a participant in
a residential program for adults licensed under section 245A.02, subdivision 14, or a
resident of a shelter for battered women as defined in section 611A.37, subdivision 4 new text begin ; or
new text end

new text begin (5) deliver the absentee ballot directly to the voter under section 203B.083 new text end .

(b) If an application does not indicate the election for which absentee ballots are
sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
the next election occurring after receipt of the application. Only one set of ballots may
be mailed, shipped, or delivered to an applicant for any election, except as provided in
section 203B.121, subdivision 2, or when a replacement ballot has been requested by the
voter for a ballot that has been spoiled or lost in transit.

Sec. 7.

Minnesota Statutes 2012, section 203B.065, is amended to read:

203B.065 USING THE REGISTRATION SYSTEM.

new text begin (a) new text end Upon accepting an application for a state primary or state general election, the
county auditor or municipal clerk shall record in the statewide voter registration system the
voter's name, date of birth, address of residence in Minnesota, mailing address, Minnesota
driver's license or state identification number, or the last four digits of the voter's Social
Security number, if provided by the voter. Upon acceptance of an absentee ballot
application of a voter who is registered to vote at an address different from the residential
address certified on the absentee ballot application, the voter registration record with the
previous address shall be challenged. Once the absentee ballot has been transmitted to the
voter, the method of transmission and the date of transmission must be recorded.

new text begin (b) new text end Upon receipt of a returned absentee ballot for a state primary or state general
election, the county auditor or municipal clerk shall record in the statewide voter
registration system that the voter has returned the ballot.

new text begin (c) new text end Upon receipt of notice that the ballot board has accepted or rejected the absentee
ballot for a state primary or state general election, the county auditor or municipal clerk
shall record in the statewide voter registration system whether the ballot was accepted or
rejected, and if rejected, the reason for rejection. If a replacement ballot is transmitted to
the voter, the county auditor or municipal clerk shall record this in the statewide voter
registration system.

new text begin (d) Upon a voter casting a ballot pursuant to section 203B.083, the county auditor or
municipal clerk shall record in the statewide voter registration system that the voter has
cast an absentee ballot.
new text end

new text begin (e) new text end The labels provided for envelopes used for transmitting an absentee ballot to
and from an applicant for an absentee ballot for a state primary or state general election
must contain bar codes generated by the statewide voter registration system to facilitate
the recording required under this section. A county auditor or municipal clerk entering
information into the statewide voter registration system under this section must include the
information provided on the bar code label whenever information is entered into the system.

Sec. 8.

new text begin [203B.083] IN-PERSON ABSENTEE VOTING THREE DAYS PRIOR
TO ELECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin An eligible voter must be allowed to cast an
in-person absentee ballot pursuant to this section at a federal, state, or county election.
A municipality or school district may accept in-person absentee ballots pursuant to this
section for stand-alone municipal or school district elections if the local election officials
have the necessary access to the statewide voter registration system and upon approval
by the governing body.
new text end

new text begin Subd. 2. new text end

new text begin Authorization. new text end

new text begin Beginning at the start of business on the third day prior to
the election, and continuing through the close of business on the day prior to the election,
any eligible voter may appear at the office of the county auditor or designated office of a
municipal clerk or school district clerk to cast an absentee ballot pursuant to this section.
Ballots cast under this section shall be handled and counted in the same manner as other
absentee ballots unless otherwise provided.
new text end

new text begin Subd. 3. new text end

new text begin Registration check. new text end

new text begin To request an absentee ballot, the applicant must
provide the applicant's name and address. The county auditor, municipal clerk, or
election judge may also confirm the voter's date of birth. Upon request for an absentee
ballot, the county auditor, municipal clerk, or election judge shall determine whether the
individual is a registered voter. If the individual is not registered to vote, the individual
may register to vote prior to receiving an absentee ballot. The individual shall present
proof of residence as required by section 201.061, subdivision 3, to the county auditor,
municipal clerk, or election judge.
new text end

new text begin Subd. 4. new text end

new text begin Oath. new text end

new text begin An individual seeking to vote under this section shall sign an oath
that conforms to the requirements of section 204C.10, paragraph (a).
new text end

new text begin Subd. 5. new text end

new text begin Completing and casting ballots. new text end

new text begin After a voter signs the oath, the voter
shall be given a ballot. A voter that receives an absentee ballot must not remove the ballot
from the office of the county auditor or designated office of a municipal clerk or school
district clerk. After the voter completes the ballot, the voter shall deposit the ballot into a
ballot box designated for ballots cast under this section. The ballot box used shall comply
with the requirements in section 206.80.
new text end

Sec. 9.

Minnesota Statutes 2012, section 203B.12, subdivision 7, is amended to read:

Subd. 7.

Names of persons submitting absentee ballots.

The names of voters who
have submitted an absentee ballot return envelope to the county auditor or municipal clerk
new text begin or who have cast a vote pursuant to section 203B.083, new text end may not be made available for
public inspection until the close of voting on election day.

Sec. 10.

Minnesota Statutes 2012, section 203B.121, subdivision 2, is amended to read:

Subd. 2.

Duties of ballot board; absentee ballots.

(a) The members of the ballot
board shall take possession of all return envelopes delivered to them in accordance with
section 203B.08. new text begin The members of the ballot board shall also take possession of all ballots
cast pursuant to section 203B.083. new text end new text begin new text end Upon receipt from the county auditor, municipal clerk,
or school district clerk, two or more members of the ballot board shall examine each return
envelope and shall mark it accepted or rejected in the manner provided in this subdivision.
Election judges performing the duties in this section must be of different major political
parties, unless they are exempt from that requirement under section 205.075, subdivision
4, or section 205A.10, subdivision 2.

(b) The members of the ballot board shall mark the return envelope "Accepted" and
initial or sign the return envelope below the word "Accepted" if a majority of the members
of the ballot board examining the envelope are satisfied that:

(1) the voter's name and address on the return envelope are the same as the
information provided on the absentee ballot application;

(2) the voter signed the certification on the envelope;

(3) the voter's Minnesota driver's license, state identification number, or the last four
digits of the voter's Social Security number are the same as the number provided on the
voter's application for ballots. If the number does not match the number as submitted on
the application, or if a number was not submitted on the application, the election judges
must compare the signature provided by the applicant to determine whether the ballots
were returned by the same person to whom they were transmitted;

(4) the voter is registered and eligible to vote in the precinct or has included a
properly completed voter registration application in the return envelope;

(5) the certificate has been completed as prescribed in the directions for casting an
absentee ballot; and

(6) the voter has not already voted at that election, either in person or, if it is after the
close of business on the fourth day before the election, by absentee ballot.

The return envelope from accepted ballots must be preserved and returned to the
county auditor.

(c)(1) If a majority of the members of the ballot board examining a return envelope
find that an absentee voter has failed to meet one of the requirements provided in
paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the
word "Rejected," list the reason for the rejection on the envelope, and return it to the
county auditor. There is no other reason for rejecting an absentee ballot beyond those
permitted by this section. Failure to place the ballot within the security envelope before
placing it in the outer white envelope is not a reason to reject an absentee ballot.

(2) If an envelope has been rejected at least five days before the election, the
envelope must remain sealed and the official in charge of the ballot board shall provide the
voter with a replacement absentee ballot and return envelope in place of the rejected ballot.

(3) If an envelope is rejected within five days of the election, the envelope must
remain sealed and the official in charge of the ballot board must attempt to contact the
voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
The official must document the attempts made to contact the voter.

(d) The official in charge of the absentee ballot board must mail the voter a written
notice of absentee ballot rejection between six and ten weeks following the election. If the
official determines that the voter has otherwise cast a ballot in the election, no notice is
required. If an absentee ballot arrives after the deadline for submission provided by this
chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A
notice of absentee ballot rejection must contain the following information:

(1) the date on which the absentee ballot was rejected or, if the ballot was received
after the required deadline for submission, the date on which the ballot was received;

(2) the reason for rejection; and

(3) the name of the appropriate election official to whom the voter may direct further
questions, along with appropriate contact information.

(e) An absentee ballot return envelope marked "Rejected" may not be opened or
subject to further review except in an election contest filed pursuant to chapter 209.

Sec. 11.

Minnesota Statutes 2012, section 203B.121, subdivision 3, is amended to read:

Subd. 3.

Record of voting.

(a) When applicable, the county auditor or municipal
clerk must immediately record that a voter's absentee ballot has been accepted new text begin or has been
cast pursuant to section 203B.083 new text end . After the close of business on the fourth day before the
election, a voter whose record indicates that an absentee ballot has been accepted new text begin or cast
new text end must not be permitted to cast another ballot at that election. In a state primary, general,
or state special election for federal or state office, the auditor or clerk must also record
this information in the statewide voter registration system.

(b) The roster must be marked, and a supplemental report of absentee voters who
submitted a voter registration application with their ballot must be created, no later than
the start of voting on election day to indicate the voters that have already cast a ballot at
the election. The roster may be marked either:

(1) by the county auditor or municipal clerk before election day;

(2) by the ballot board before election day; or

(3) by the election judges at the polling place on election day.

The record of a voter whose absentee ballot was received after the close of business
on the fourth day before the election is not required to be marked on the roster or contained
in a supplemental report as required by this paragraph new text begin , except that the record of a voter
who cast an absentee ballot pursuant to section 203B.083 must be marked on the roster or
contained in a supplemental report as required by this paragraph new text end .

Sec. 12.

Minnesota Statutes 2012, section 203B.121, subdivision 5, is amended to read:

Subd. 5.

Storage and counting of absentee ballots.

(a) On a day on which absentee
ballots are inserted into a ballot box, two members of the ballot board must:

(1) remove the ballots from the ballot box at the end of the day;

(2) without inspecting the ballots, ensure that the number of ballots removed from
the ballot box is equal to the number of voters whose absentee ballots were accepted new text begin or
cast new text end that day; and

(3) seal and secure all voted and unvoted ballots present in that location at the end
of the day.

(b) After the polls have closed on election day, two members of the ballot board
must count the ballots, tabulating the vote in a manner that indicates each vote of the voter
and the total votes cast for each candidate or question. In state primary and state general
elections, the results must indicate the total votes cast for each candidate or question in each
precinct and report the vote totals tabulated for each precinct. The count shall be public.
No vote totals from ballots may be made public before the close of voting on election day.

In state primary and state general elections, these vote totals shall be added to the
vote totals on the summary statements of the returns for the appropriate precinct. In other
elections, these vote totals may be added to the vote totals on the summary statement of
returns for the appropriate precinct or may be reported as a separate total.

(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
completed previously, the members of the ballot board must verify as soon as possible, but
no later than 24 hours after the end of the hours for voting, that voters whose absentee
ballots new text begin were not cast pursuant to section 203B.083 and that new text end arrived after the rosters were
marked or supplemental reports were generated and whose ballots were accepted did not
vote in person on election day. An absentee ballot submitted by a voter who has voted
in person on election day must be rejected. All other accepted absentee ballots must be
opened, duplicated if necessary, and counted by members of the ballot board. The vote
totals from these ballots must be incorporated into the totals with the other absentee ballots
and handled according to paragraph (b).

Sec. 13. new text begin EXPLANATION OF ABSENTEE BALLOT CHANGES; COUNTY
AUDITOR DUTIES.
new text end

new text begin No later than 60 days prior to the date of the state primary in 2014, each county
auditor shall mail an explanation of the changes to the permanent absentee balloting
process and an updated ongoing absentee voter application to every voter with permanent
absentee ballot status in the county auditor's county. Each county auditor shall also mail
this explanation to every voter in the county auditor's county with ongoing absentee ballot
status on the voter's voter record as of the effective date of this act. A voter must return the
application to maintain the voter's status as a permanent absentee voter.
new text end

new text begin Upon receipt of a completed application, the county auditor shall scan and retain an
image of the application until the permanent absentee voter's status ends.
new text end

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 203B.04, subdivision 6, new text end new text begin is repealed.
new text end

Sec. 15. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective January 1, 2014, and applies to voting at elections conducted on
the date of the state primary in 2014 and thereafter.
new text end