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SF 188

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to elections; requiring proof of citizenship on filing for certain offices;
requiring certain voters to provide picture identification; providing for the
issuance of certain identification cards at no charge; establishing a procedure
for unverified ballots; amending Minnesota Statutes 2006, sections 204C.10;
204C.13, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapters 204B; 204C.


Section 1.

new text end

new text begin A person who files for the state legislature or a constitutional office shall provide
proof of United States citizenship in the form of a passport, birth certificate, or
naturalization document.
new text end

Sec. 2.

Minnesota Statutes 2006, section 204C.10, is amended to read:


(a) An individual seeking to vote shall sign a polling place roster 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."

(b) deleted text begin A judge may, deleted text end Before the applicant signs the roster, new text begin a judge:
new text end

new text begin (1) may new text end confirm the applicant's name, address, and date of birthdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (2) except when the voter resides in a residential facility as defined by section
201.061, subdivision 3, or has a religious objection to being photographed, shall require
the voter to provide a picture identification card or document.
new text end

(c) After the applicant signs the roster, 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.

Sec. 3.

new text end

new text begin (a) The Department of Public Safety shall provide to each eligible applicant at
no charge a Minnesota identification card or Under-21 identification card as described
in section 171.07, subdivision 3, to anyone eligible to vote who presents verification of
a household income below the federal poverty level and demonstrates a need. This free
identification card can only be applied for at one of the 16 regional state-run Department
of Motor Vehicle driver's license facilities. The secretary of state's office shall reimburse
the Department of Public Safety for the cost of providing the free Minnesota identification
card or Under-21 identification card issued under this section.
new text end

new text begin (b) The applicant must present verification of eligibility when applying for an initial
identification card or Under-21 identification card and when applying for any renewal or,
as a result of a change of address, for a duplicate of an identification card or Under-21
identification card.
new text end

new text begin (c) All costs and implementation procedures must be agreed upon by the secretary of
state and the commissioner of public safety before implementation of this section.
new text end

new text begin (d) The secretary of state and the commissioner of public safety shall reevaluate the
costs of this program prior to the 2008-2009 biennium and report to the legislature their
findings for possible inclusion in the budget for that biennium.
new text end

Sec. 4.

Minnesota Statutes 2006, section 204C.13, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Unverified ballots. new text end

new text begin A voter who is unable to provide required photo
identification or who exercises the religious objection exception may mark a ballot, which
the election judges must receive and mark as "unverified." The election judges must
maintain a list of the names and addresses of voters who cast such ballots. The unverified
ballots must be counted unless they equal three percent or more of the ballots cast in the
precinct. In that case, the election judges must not count the unverified ballots unless
the eligibility of the voters can be determined as provided by this subdivision. Within
two days after the election, the county auditor must notify each voter whose ballot was
marked "unverified" that the voter's ballot must be counted if the voter provides photo
identification or a copy of a valid and accepted form of Minnesota identification to the
county auditor within three days.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective July 1, 2008.
new text end