SF 763

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:15am

A bill for an act
relating to elections; requiring notice of restoration of civil rights; amending
Minnesota Statutes 2008, sections 201.014, subdivision 2; 201.091, by adding a
subdivision; 201.155; 203B.02, subdivision 1; 609.165, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 243; 630; 631.

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

Section 1.

Minnesota Statutes 2008, section 201.014, subdivision 2, is amended to read:

Subd. 2.

Not eligible.

The following individuals are not eligible to vote deleted text begin . Any
individual deleted text end :

(a) new text begin an individual new text end convicted of treason or any felony whose civil rights have not
been restored;

(b) new text begin an individual new text end under a guardianship in which the court order revokes the ward's
right to vote; or

(c) new text begin an individual new text end found by a court of law to be legally incompetent.

Sec. 2.

Minnesota Statutes 2008, section 201.091, is amended by adding a subdivision
to read:

new text begin Subd. 8a. new text end

new text begin Correctional facilities; probation and parole officers. new text end

new text begin (a) The chief
executive officer of each correctional facility licensed under chapter 241 shall designate
an official within the facility to answer questions about and accept voter registration
applications from inmates who have been discharged and restored to civil rights. The
chief executive officer must provide the notice of restoration of civil rights as provided
in section 243.205.
new text end

new text begin (b) All probation and parole officers must be available to answer questions, provide
notice as required by section 243.205, and accept voter registration applications from
individuals subject to their authority who are restored to civil rights.
new text end

new text begin (c) The official or officer must maintain an adequate supply of voter registration
applications and informational materials for this purpose. Upon receipt, the officer or
designated official shall immediately transmit a completed voter registration application
to the secretary of state.
new text end

new text begin new text end

Sec. 3.

Minnesota Statutes 2008, section 201.155, is amended to read:

201.155 REPORT ON FELONY CONVICTIONS.

Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state court
administrator shall report monthly by electronic means to the secretary of state the name,
address, date of birth, date of sentence, effective date of the sentence, and county in which
the conviction occurred of each person who has been convicted of a felony new text begin and sentenced
to a period of incarceration new text end . The state court administrator shall also report the name,
address, and date of birth of each person previously convicted of a felony whose civil
rights have been restored. The secretary of state shall determine if any of the persons in
the report is registered to vote and shall prepare a list of those registrants for each county
auditor. The county auditor shall change the status of those registrants in the appropriate
manner in the statewide registration system.

Sec. 4.

Minnesota Statutes 2008, section 203B.02, subdivision 1, is amended to read:

Subdivision 1.

Unable to go to polling place.

(a) Any eligible voter 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;
new text begin detention in a correctional facility, so long as the voter maintains the right to vote; new text end or
service as an election judge in another precinct may vote by absentee ballot as provided
in sections 203B.04 to 203B.15.

(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.

Sec. 5.

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

new text begin Subdivision 1. new text end

new text begin Notice requirement. new text end

new text begin (a) A notice of restoration of civil rights must
be provided as follows:
new text end

new text begin (1) the chief executive officer of a correctional facility licensed under chapter
241 must provide the notice as provided in subdivision 2 when, following a period of
incarceration for a felony offense, an inmate is discharged from the correctional facility,
is no longer under the custody of the commissioner of corrections, and is not subject to
probation, parole, supervised release, or conditional release; and
new text end

new text begin (2) a probation or parole officer must provide the notice as provided in subdivision
2 when an individual is discharged after expiration of the individual's probation, parole,
conditional release, or supervised release.
new text end

new text begin (b) The notice statement must be provided at the time of an inmate's discharge from
a correctional facility or the expiration of an individual's parole, probation, conditional
release, or supervised release, whichever is later. A voter registration application may also
be made available at the time the notice is provided.
new text end

new text begin Subd. 2. new text end

new text begin Form of notice. new text end

new text begin The notice required by subdivision 1 must appear
substantially as follows:
new text end

new text begin "NOTICE OF RESTORATION OF CIVIL RIGHTS, INCLUDING
YOUR RIGHT TO VOTE.
new text end

new text begin Your final discharge today means that your civil rights have been automatically
restored. This includes a restoration of your right to vote in Minnesota. Before you can
vote on election day, you still need to register to vote. To register, you can complete a voter
registration application and return it to the Office of the Minnesota Secretary of State. You
can 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. 3. 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 an inmate's civil rights upon discharge.
new text end

Sec. 6.

Minnesota Statutes 2008, section 609.165, subdivision 1, is amended to read:

Subdivision 1.

Restoration.

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 vote and hold
office, the same as if such conviction had not taken place, and the order of discharge
shall so provide. new text begin The order of discharge shall contain the notice of restoration statement
as required by section 243.205.
new text end

Sec. 7.

new text begin [630.125] DEFENDANT; NOTICE OF LOSS OF CIVIL RIGHTS UPON
CONVICTION.
new text end

new text begin At the time of arraignment, prior to the court's acceptance of a plea from the
defendant, the court must notify the defendant that a guilty plea or conviction following
trial will result in a loss of the defendant's civil rights, including the right to vote, if
the defendant is incarcerated in a correctional facility or placed on probation, parole,
supervised release, or conditional release.
new text end

Sec. 8.

new text begin [631.405] NOTICE OF LOSS OF CIVIL RIGHTS.
new text end

new text begin Prior to imposition of a sentence upon conviction of a felony, the court shall notify
the defendant that the sentence will result in a loss of the defendant's civil rights, including
the right to vote, for as long as the defendant is serving the sentence, including while the
defendant is serving probation, parole, supervised release, or conditional release. The
court must also notify the defendant that the defendant's civil rights will be automatically
restored upon discharge from the correctional facility, or placement on parole, probation,
supervised release, or conditional release from the facility.
new text end

Sec. 9. new text begin DUTIES OF SECRETARY OF STATE.
new text end

new text begin (a) The secretary of state shall develop and implement a program to educate
attorneys, judges, election officials, correction officials, parole and probation officers, and
members of the public about the requirements of this act. The program must ensure that:
new text end

new text begin (1) judges are informed of their obligation to notify criminal defendants of the
potential loss and restoration of their voting rights;
new text end

new text begin (2) the Department of Corrections and officials within each correctional facility
are prepared to assist an inmate who is restored to civil rights in completing a voter
registration application, providing additional informational materials as necessary, and
transmitting a completed application to the secretary of state;
new text end

new text begin (3) probation and parole officers are informed of the changes in the law and are
prepared to notify persons under conditional release, supervised release, probation, or
parole supervision of their voting rights; and
new text end

new text begin (4) accurate and complete information about the voting rights of people who have
been charged with or convicted of a crime is made available, in a single publication, to
government officials and members of the public.
new text end

new text begin (b) The secretary of state may adopt rules as necessary to implement the
requirements of this act.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 9 are effective August 1, 2009.
new text end