SF 2228

as introduced - 90th Legislature (2017 - 2018) Posted on 03/24/2017 09:10am

A bill for an act
relating to elections; amending requirements for participating in a program that
crosschecks voter registration data with data from other states; amending Minnesota
Statutes 2016, section 201.13, subdivision 3, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 201.13, subdivision 3, is amended to read:

Subd. 3.

Use of change of address system.

(a) At least once each month the secretary
of state shall obtain a list of individuals registered to vote in this state who have filed with
the United States Postal Service a change of their permanent address. The secretary of state
may also periodically obtain a list of individuals with driver's licenses or state identification
cards to identify those who are registered to vote who have applied to the Department of
Public Safety for a replacement driver's license or state identification card with a different
address, and a list of individuals for whom the Department of Public Safety received
notification of a driver's license or state identification card cancellation due to a change of
residency out of state. However, the secretary of state shall not load data derived from these
lists into the statewide voter registration system within the 47 days before the state primary
or 47 days before a November general election.

(b) If the address is changed to another address in this state, the secretary of state shall
locate the precinct in which the voter resides, if possible. If the secretary of state is able to
locate the precinct in which the voter resides, the secretary must transmit the information
about the changed address by electronic means to the county auditor of the county in which
the new address is located. For addresses for which the secretary of state is unable to
determine the precinct, the secretary may forward information to the appropriate county
auditors for individual review. If the voter has not voted or submitted a voter registration
application since the address change, upon receipt of the information, the county auditor
shall update the voter's address in the statewide voter registration system. The county auditor
shall mail to the voter a notice stating the voter's name, address, precinct, and polling place,
unless the voter's record is challenged due to a felony conviction, noncitizenship, name
change, incompetence, or a court's revocation of voting rights of individuals under
guardianship, in which case the auditor must not mail the notice. The notice must advise
the voter that the voter's voting address has been changed and that the voter must notify the
county auditor within 21 days if the new address is not the voter's address of residence. The
notice must state that it must be returned if it is not deliverable to the voter at the named
address.

(c) If the change of permanent address is to an address outside this state, the secretary
of state shall notify by electronic means the auditor of the county where the voter formerly
resided that the voter has moved to another state. If the voter has not voted or submitted a
voter registration application since the address change, the county auditor shall promptly
mail to the voter at the voter's new address a notice advising the voter that the voter's status
in the statewide voter registration system will be changed to "inactive" unless the voter
notifies the county auditor within 21 days that the voter is retaining the former address as
the voter's address of residence, except that if the voter's record is challenged due to a felony
conviction, noncitizenship, name change, incompetence, or a court's revocation of voting
rights of individuals under guardianship, the auditor must not mail the notice. If the notice
is not received by the deadline, the county auditor shall change the voter's status to "inactive"
in the statewide voter registration system.

deleted text begin (d) If, in order to maintain voter registration records, the secretary of state enters an
agreement to share information or data with an organization governed exclusively by a
group of states, the secretary must first determine that the data security protocols are sufficient
to safeguard the information or data shared. If required by such an agreement, the secretary
of state may share the following data from the statewide voter registration system and data
released to the secretary of state under section 171.12, subdivision 7a:
deleted text end

deleted text begin (1) name;
deleted text end

deleted text begin (2) date of birth;
deleted text end

deleted text begin (3) address;
deleted text end

deleted text begin (4) driver's license or state identification card number;
deleted text end

deleted text begin (5) the last four digits of an individual's Social Security number; and
deleted text end

deleted text begin (6) the date that an individual's record was last updated.
deleted text end

deleted text begin If the secretary of state enters into such an agreement, the secretary and county auditors
must process changes to voter records based upon that data in accordance with this section.
Except as otherwise provided in this subdivision, when data is shared with the secretary of
state by another state, the secretary of state must maintain the same data classification that
the data had while it was in the possession of the state providing the data.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 201.13, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Voter registration crosscheck program authority. new text end

new text begin (a) The secretary of state
may enter into an agreement to share information or data with an organization governed
exclusively by a group of states pursuant to this subdivision. The secretary must only enter
into an agreement to share information or data with an organization that requires member
states to share the following information:
new text end

new text begin (1) first name, middle name or initial, and last name;
new text end

new text begin (2) date of birth;
new text end

new text begin (3) address;
new text end

new text begin (4) driver's license or state identification card number;
new text end

new text begin (5) the last four digits of an individual's Social Security number; and
new text end

new text begin (6) the date that an individual's record was last updated.
new text end

new text begin (b) Before the secretary enters into an agreement authorized by this subdivision, the
secretary must first report to the legislative committees with jurisdiction over election policy
on:
new text end

new text begin (1) the name of the organization, a description of the organization's structure and
leadership, a copy of any rules or bylaws, and a copy of the agreement;
new text end

new text begin (2) a description of the data to be shared and how the data will be used;
new text end

new text begin (3) a list of any membership fees or dues;
new text end

new text begin (4) a list of other states already participating in the organization; and
new text end

new text begin (5) a description of data security protocols and a statement that the secretary finds the
protocols to be sufficient.
new text end

new text begin An agreement must not go into effect until 15 legislative days after the report is submitted.
new text end

new text begin (c) If the secretary enters into an agreement authorized by this subdivision, the secretary
must share the following data from the statewide voter registration system and data released
to the secretary of state under section 171.12, subdivision 7a:
new text end

new text begin (1) first name, middle name or initial, and last name;
new text end

new text begin (2) date of birth;
new text end

new text begin (3) address;
new text end

new text begin (4) driver's license or state identification card number;
new text end

new text begin (5) the last four digits of an individual's Social Security number; and
new text end

new text begin (6) the date that an individual's record was last updated.
new text end

new text begin (d) If the secretary of state enters into an agreement authorized by this subdivision, the
secretary and county auditors must process changes to voter records based upon that data
in accordance with this section. Except as otherwise provided in this subdivision, when data
is shared with the secretary of state by another state, the secretary of state must maintain
the same data classification that the data had while it was in the possession of the state
providing the data.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end