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SF 4049

as introduced - 91st Legislature (2019 - 2020) Posted on 03/06/2020 09:10am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to elections; providing for automatic voter registration of certain applicants;
amending Minnesota Statutes 2018, sections 13.607, by adding a subdivision;
201.161.

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

Section 1.

Minnesota Statutes 2018, section 13.607, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Automatic voter registration data. new text end

new text begin Data on an application serving also as a
voter registration application that is transferred to the secretary of state and provided by a
person whom the secretary of state determines is not eligible to vote is governed by section
201.161.
new text end

Sec. 2.

Minnesota Statutes 2018, section 201.161, is amended to read:


201.161 deleted text beginDRIVER'S LICENSE AND IDENTIFICATION CARD APPLICATIONSdeleted text endnew text begin
AUTOMATIC VOTER REGISTRATION
new text end.

new text begin Subdivision 1. new text end

new text begin Department of Public Safety. new text end

new text begin (a) An individual who submits an
application for a new or renewed Minnesota driver's license, instruction permit, or
identification card, and who is eligible to vote under section 201.014, must be registered to
vote as provided in this section, unless the applicant declines to be registered.
new text end

new text begin (b) new text endThe deleted text beginDepartmentdeleted text endnew text begin commissionernew text end of public safety deleted text beginshall change itsdeleted text endnew text begin, in consultation with
the secretary of state, must ensure the
new text end applications for an original, duplicate, or change of
address driver's licensenew text begin, instruction permit,new text end or identification card deleted text beginso that the formsdeleted text end 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 statedeleted text begin. Applicants
for driver's licenses or identification cards must be asked if they want to register to vote at
the same time and that
deleted text endnew text begin and a box for the applicant to decline to be registered to vote. Unless
an applicant has declined to be registered to vote or has provided an address other than the
applicant's address of residence under section 171.12, subdivision 7, paragraph (d), the
commissioner must transmit applicant
new text end information deleted text beginmust be transmitted at least weeklydeleted text endnew text begin dailynew 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 begintown,deleted text end and citynew text begin or townnew text end must be made available for access by the secretary
of state and interaction with the statewide voter registration system.

new text begin (c) An applicant described in this subdivision must not be registered to vote until the
commissioner of public safety has certified that the department's systems have been tested
and can accurately provide the necessary 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. 2. new text end

new text begin Department of Human Services. new text end

new text begin (a) An individual who submits an initial or
renewal application for medical assistance under chapter 256B or MinnesotaCare under
chapter 256C must be registered to vote as provided in this section, unless the applicant
declines to be registered.
new text end

new text begin (b) An individual who submits an application or recertification for food support; economic
assistance under chapter 256I, 256J, or 256P; or child care assistance under chapter 119B
must be registered to vote as provided in this section, unless the applicant declines to be
registered.
new text end

new text begin (c) The commissioner of human services, in consultation with the secretary of state,
must ensure the applications described in paragraphs (a) and (b) may also serve as voter
registration applications. The applications must contain spaces for all information collected
by voter registration applications prescribed by the secretary of state and a box for the
applicant to decline to be registered to vote. Unless an applicant has declined to be registered
to vote, the commissioner must transmit applicant information daily by electronic means
to the secretary of state.
new text end

new text begin (d) An applicant described in this subdivision must not be registered to vote until the
commissioner of human services has certified that the department's systems have been tested
and can accurately provide the necessary 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. 3. new text end

new text begin Department of Natural Resources. new text end

new text begin (a) A resident of Minnesota who purchases
a license under the game and fish laws online from the Department of Natural Resources
must be registered to vote as provided in this section, unless the applicant declines to be
registered.
new text end

new text begin (b) The commissioner of natural resources, in consultation with the secretary of state,
must ensure the online application for a Minnesota resident to purchase a license under the
game and fish laws 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 and a box for the applicant to decline to be registered to vote. Unless an
applicant has declined to be registered to vote, the commissioner must transmit applicant
information daily by electronic means to the secretary of state.
new text end

new text begin (c) An applicant described in this subdivision must not be registered to vote until the
commissioner of natural resources has certified that the department's systems have been
tested and can accurately provide the necessary 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. 4. new text end

new text begin Other state agencies. new text end

new text begin (a) The commissioner of any state agency, in consultation
with the secretary of state, may amend any form or application within its jurisdiction so that
the form or application may also serve as a voter registration application. The form or
application must contain spaces for all information collected by voter registration applications
prescribed by the secretary of state and a box for the applicant to decline to be registered
to vote. Unless an applicant has declined to be registered to vote, the commissioner must
transmit applicant information daily by electronic means to the secretary of state.
new text end

new text begin (b) An applicant described in this subdivision must not be registered to vote until the
commissioner has certified that the department's systems have been tested and can accurately
provide the necessary 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. 5. new text end

new text begin Registration. new text end

new text begin (a) The secretary of state must process voter registration
applications received pursuant to subdivisions 1 to 4 as provided in this subdivision. The
secretary of state must determine whether an applicant is currently registered in the statewide
voter registration system. For each currently registered voter whose registration is not
changed, the secretary of state must update the voter's registration date in the statewide
voter registration system. For each currently registered voter whose registration is changed,
the secretary of state must transmit the registration daily by electronic means to the county
auditor of the county where the voter resides.
new text end

new text begin (b) If an applicant is not currently registered in the statewide voter registration system,
the secretary of state must determine whether the applicant is 18 years of age or older and
a citizen of the United States and compare the voter registration information received under
section 201.145 to determine whether the applicant is eligible to vote. If an applicant is less
than 18 years of age, the secretary of state must wait until the applicant has turned 18 years
of age to determine whether the applicant is eligible to vote. For each applicant the secretary
of state determines is an eligible voter, the secretary of state must transmit the registration
daily by electronic means to the county auditor of the county where the voter resides.
new text end

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

new text begin (d) Upon receipt of the registration, the county auditor must mail to the voter the notice
of registration required by section 201.121, subdivision 2.
new text end

new text begin Subd. 6. new text end

new text begin Registering 20 days before election. new text end

new text begin An application for registration that is
dated during the 20 days before an election in any jurisdiction within which the voter resides
is not effective until the day after the election.
new text end

Sec. 3. new text beginIMPLEMENTATION COSTS.
new text end

new text begin The secretary of state must absorb any costs associated with implementation of section
2 using existing appropriations provided to the secretary by law.
new text end