SF 990

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/02/2023 09:21am

A bill for an act
relating to elections; providing a system of automatic voter registration; amending
Minnesota Statutes 2022, sections 13.607, by adding a subdivision; 201.161;
201.162.

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

Section 1.

Minnesota Statutes 2022, section 13.607, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Ineligible voter data. new text end

new text begin Any data transferred to the secretary of state regarding
applicants who are determined ineligible to register to vote is governed by section 201.161.
new text end

Sec. 2.

Minnesota Statutes 2022, section 201.161, is amended to read:

201.161 deleted text begin DRIVER'S LICENSE AND IDENTIFICATION CARD APPLICATIONS deleted text end new text begin
AUTOMATIC VOTER REGISTRATION new text end .

new text begin Subdivision 1. new text end

new text begin Automatic registration. new text end

new text begin (a) Except as otherwise provided in this section,
an individual must be registered to vote if the individual is eligible to vote under section
201.014 and properly completes and submits one of the following applications, if the
application includes documentation or verification of United States citizenship or records
reflect that the applicant provided proof of citizenship during a previous agency transaction:
new text end

new text begin (1) an application for a new or renewed Minnesota driver's license, instruction permit,
or identification card;
new text end

new text begin (2) an initial or renewal application for medical assistance under chapter 256B or
MinnesotaCare under chapter 256L; or
new text end

new text begin (3) an application for benefits or services to a state agency participating under subdivision
5.
new text end

new text begin (b) If a registered voter supplies a different name or address as part of an application
under this subdivision from the name and address in the voter registration record, the
registrant's voter registration record shall be updated to reflect the name or address
information provided.
new text end

new text begin Subd. 2. new text end

new text begin Option to decline. new text end

new text begin (a) After an individual submits an application qualifying
for registration under this section, the individual must be promptly provided, by mail, a
notice that provides an opportunity to decline the registration. The secretary of state may
prescribe the form and content of this notice. An individual must not be registered if the
individual declines to be registered within 20 days of submitting the application. An otherwise
eligible individual who declines to register must be offered a new registration opportunity
with each qualifying application submitted under subdivision 1.
new text end

new text begin (b) After an individual submits an application qualifying for a registration update under
subdivision 1, paragraph (b), the individual must be promptly provided, by mail, a notice
that provides an opportunity to decline the change of registration information. The secretary
of state may prescribe the form and content of this notice. If the registrant returns the notice
within 20 days and declines the change of information, the appropriate county auditors,
including the county auditor of the registrant's original county of residence, shall immediately
correct the registrant's previously updated information and restore the registrant's previous
registration information.
new text end

new text begin Subd. 3. new text end

new text begin Department of Public Safety. new text end

new text begin (a) new text end The deleted text begin Department deleted text end new text begin commissioner new text end of public
safety deleted text begin shall deleted text end new text begin , in consultation with the secretary of state, must new text end change deleted text begin its deleted text end new text begin the new text end applications for
an original, duplicate, or change of address driver's license new text begin , instruction permit, new text end or
identification card so that deleted text begin the forms may also serve as voter registration applications. The
forms must contain spaces for all information collected by voter registration applications
prescribed by the secretary of state. Applicants for driver's licenses or identification cards
must be asked if they want to register to vote at the same time and that information must
be transmitted at least weekly deleted text end new text begin any forms where applicants may provide documentation of
United States citizenship contain spaces for all information required to register to vote, as
prescribed by the secretary of state. Unless the applicant has provided an address other than
the applicant's address of residence under section 171.12, subdivision 7, paragraph (d), the
commissioner must transmit the information promptly new text end by electronic means to the secretary
of state. Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the
computerized driver's license record containing the voter's name, address, date of birth, new text begin
citizenship, new text end driver's license number or state identification number, county, deleted text begin town, deleted text end and city new text begin
or town new text end must be made available for access by the secretary of state and interaction with the
statewide voter registration system. new text begin At least monthly, the commissioner must submit data
to the secretary of state identifying the total number of individuals that completed qualifying
transactions under this section and the total number of individuals whose records were
ultimately transferred for registration. The secretary of state must publish a monthly report
of this data.
new text end

new text begin (b) An applicant's information must not be transmitted to the secretary of state unless
the applicant provides documentation of United States citizenship or records maintained by
the Department of Public Safety indicate that the applicant provided documentation
demonstrating United States citizenship as part of a previous license or identification card
transaction. If the applicant does not provide or has not previously provided documentation
of United States citizenship, the commissioner must provide information during the
transaction regarding voter registration and eligibility criteria. If the applicant provides
documentation during the transaction indicating that the applicant is not a United States
citizen, no opportunity to register to vote shall be given.
new text end

new text begin (c) No applicant may be registered to vote under this subdivision until the commissioner
of public safety has certified that the department's systems have been tested and can
accurately provide the required data, and the secretary of state has certified that the system
for automatic registration of those applicants has been tested and is capable of properly
determining whether an applicant is eligible to vote. The department's systems must be
tested and accurately provide the necessary data no later than December 1, 2023.
new text end

new text begin (d) For purposes of this section, "driver's license" includes any instruction permit,
provisional license, limited license, restricted license, or operator's permit issuable by the
commissioner of public safety under chapter 171.
new text end

new text begin Subd. 4. new text end

new text begin Department of Human Services. new text end

new text begin (a) Subject to compliance with all applicable
federal laws and regulations, the commissioner of human services, in consultation with the
secretary of state, must ensure the applications described in subdivision 1, paragraph (a),
clause (2), also serve as voter registration applications for any individual whose name
appears on the application and who has presented documentary proof of United States
citizenship. The applications must contain spaces for all information required to register to
vote, as prescribed by the secretary of state. The commissioner must transmit information
promptly by electronic means to the secretary of state for an individual whose United States
citizenship has been verified. At least monthly, the commissioner must submit data to the
secretary of state identifying the total number of individuals who completed qualifying
transactions under this section and the total number of individuals whose records were
ultimately transferred for registration.
new text end

new text begin (b) No applicant may be registered to vote under this subdivision until (1) the
commissioner of human services has certified that the department's systems have been tested
and can accurately provide the required data and (2) the secretary of state has certified that
the system for automatic registration of those applicants has been tested and is capable of
properly determining whether an applicant is eligible to vote. The department's systems
must be tested and accurately provide the necessary data no later than December 1, 2023.
Registration under this section may begin on the fifth business day following the certification.
new text end

new text begin Subd. 5. new text end

new text begin Other agencies and units of government. new text end

new text begin (a) The commissioner of management
and budget shall make a decision, in consultation with the secretary of state, as to whether
any other state agency must implement automatic voter registration. A state agency must
be considered if the agency collects, processes, or stores the following information as part
of providing assistance or services: name, residential address, date of birth, citizenship
verification, and signature. A qualifying agency must submit a report to the commissioner
of management and budget and secretary of state no later than December 1, 2024, describing
steps needed to implement automatic voter registration, barriers to implementation and ways
to mitigate them, and applicable federal and state privacy protections for voter registration
information. The final decision must be made by June 1, 2025, and is at the commissioner's
sole discretion.
new text end

new text begin (b) Agencies may not begin verifying citizenship as part of an agency transaction for
the sole purpose of providing automatic voter registration.
new text end

new text begin (c) Once an agency has implemented automatic voter registration, it shall continue to
provide automatic voter registration unless legislation is enacted that directs the agency to
do otherwise.
new text end

new text begin (d) No applicant may be registered to vote under this subdivision until the agency's
commissioner, or the administrative head of the local or Tribal government, has certified
that the necessary systems have been tested and can accurately provide the required data,
and the secretary of state has certified that the system for automatic registration of those
applicants has been tested and is capable of properly determining whether an applicant is
eligible to vote.
new text end

new text begin Subd. 6. new text end

new text begin Registration. new text end

new text begin (a) The secretary of state must determine whether an applicant
whose information is submitted under this section is currently registered in the statewide
voter registration system. For each currently registered voter for whom the information
transmitted pursuant to subdivision 2 contains the same name and address as the information
contained in the statewide voter registration system, the secretary of state must transmit the
registrations by electronic means to the county auditor of the county where the voter resides.
The county auditor must then update the voter's registration date in the statewide voter
registration system. For whom the information transmitted pursuant to subdivision 2 contains
a name or address different from the information contained in the statewide voter registration
system, the secretary of state must promptly transmit the registration by electronic means
to the county auditor of the county where the voter resides and, if applicable, the county
auditor of the county of the voter's previous residence.
new text end

new text begin (b) If the applicant is not currently registered in the statewide voter registration system,
the secretary of state must transmit the registrations by electronic means to the county auditor
of the county where the voter resides. The county auditor must then also compare the voter
registration information received under section 201.145 to determine whether the applicant
is eligible to vote.
new text end

new text begin (c) Any data regarding applicants whom the secretary or the county auditor determines
are not eligible to vote are considered private data on individuals, as defined in section
13.02, subdivision 12.
new text end

new text begin (d) The county auditor must inactivate the voter's record in the statewide voter registration
system upon receipt of a written request, signed by the voter, that the registration be removed.
new text end

new text begin Subd. 7. new text end

new text begin Notice. new text end

new text begin Upon receipt of the registration information, the county auditor must
provide to the voter the appropriate notice of registration or registration update required by
subdivision 2. A notice mailed under this subdivision must include information on declining
the registration or registration update within the period authorized by subdivision 2. The
secretary of state may adopt rules prescribing the notices required by this subdivision.
new text end

new text begin Subd. 8. new text end

new text begin Prosecution of registration violations; voluntary action required. new text end

new text begin For
purposes of section 201.054, subdivision 2, the transfer of an individual's record under this
section does not constitute an attempt to register to vote. If a person who is not entitled to
vote becomes registered to vote pursuant to this section and votes or attempts to vote in an
election held after the effective date of the person's registration, that person is presumed to
have a defense. This subdivision shall not apply to a person who knowingly and willfully
makes a false statement to effectuate voter registration or who intentionally takes voluntary
action to register to vote or vote knowing that the person is not entitled to vote.
new text end

new text begin Subd. 9. new text end

new text begin Effective date of registration. new text end

new text begin Unless the applicant declines registration, the
effective date of the registration is 20 days after the date of qualifying application under
subdivision 1. This subdivision does not limit the ability of a person to register to vote on
election day as provided in section 201.061, subdivision 3. Any person who submits a
qualifying application under subdivision 1 that is dated during the 20 days before an election
shall be provided, at the time of application, with a notice advising the applicant of the
procedures to register to vote on election day.
new text end

Sec. 3.

Minnesota Statutes 2022, section 201.162, is amended to read:

201.162 DUTIES OF STATE AGENCIES.

The commissioner or chief administrative officer of each state agency or
community-based public agency or nonprofit corporation that contracts with the state agency
to carry out obligations of the state agency shall provide voter registration services for
employees and the public new text begin , including as applicable, automatic voter registration or information
on voter eligibility and registration procedures as required under section 201.161 new text end . A person
may complete a voter registration application or apply to change a voter registration name
or address if the person has the proper qualifications on the date of application. Nonpartisan
voter registration assistance, including routinely asking members of the public served by
the agency whether they would like to register to vote and, if necessary, assisting them in
preparing the registration forms must be part of the job of appropriate agency employees.

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective July 1, 2023.
new text end