SF 763

1st Engrossment - 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; proposing
coding for new law in Minnesota Statutes, chapters 201; 243; 630.

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

Section 1.

new text begin [201.280] 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 about the
voting rights of people who have been charged with or convicted of a crime in a single
publication. This publication must be made electronically available to the state court
administrator for distribution to judges, court personnel, probation officers, and the
Department of Corrections for distribution to corrections officials and parole officers and
to the public.
new text end

Sec. 2.

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 and application required under this section to inmates who
have been restored to civil rights. The official shall maintain an adequate supply of voter
registration applications and 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 civil rights and a voter
registration application 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 and application to an inmate being released from the facility following
incarceration for a felony-level offense if the inmate's sentence is discharged and civil
rights restored under section 609.165; and
new text end

new text begin (2) a probation officer or supervised release agent shall provide the notice and
application when an individual under correctional supervision for a felony-level offense
is discharged from sentence and the individual's civil rights have been restored under
section 609.165.
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 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. 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 an inmate's civil rights upon discharge.
new text end

Sec. 3.

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

new text begin For felony-level offenses, 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 for a felony-level offense will result in a loss of the defendant's civil rights,
including the right to vote, until the defendant's sentence has been discharged.
new text end