SF 658

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:14am

A bill for an act
relating to elections; imposing additional requirements on polling place
challengers; amending Minnesota Statutes 2008, sections 204C.07, subdivisions
3a, 4; 204C.12, subdivision 2; repealing Minnesota Statutes 2008, section
204C.07, subdivision 3.

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

Section 1.

Minnesota Statutes 2008, section 204C.07, subdivision 3a, is amended to
read:

Subd. 3a.

deleted text begin Residence deleted text end new text begin Registration new text end requirement.

A challenger must be a deleted text begin resident
of this state deleted text end new text begin registered voter as provided in section 201.054 new text end . new text begin An new text end appointed deleted text begin challengers deleted text end
new text begin challenger new text end seeking admission to a polling place to serve in that capacity must deleted text begin prove their
status as a resident of this state by presenting one of the documents listed in section
201.061, subdivision 3. Challengers need not prove residence in the precinct in which they
seek to act as a challenger. deleted text end new text begin sign a written statement under penalty of perjury affirming: (1)
the challenger's status as a registered voter in this state; and (2) that the challenger has
reviewed and agrees to comply with the requirements of this section, including, but not
limited to, the standards of conduct for a polling place challenger.
new text end

Sec. 2.

Minnesota Statutes 2008, section 204C.07, subdivision 4, is amended to read:

Subd. 4.

Restrictions on conduct.

An election judge may not be appointed as a
challenger. The election judges shall permit challengers appointed pursuant to this section
to be present in the polling place during the hours of voting and to remain there until the
votes are counted and the results declared. deleted text begin No deleted text end new text begin A challenger must comply with an order
from a head election judge to leave a polling place for the remainder of the election day
for failure to comply with the requirements of this section. A new text end challenger shall new text begin not:
new text end

new text begin (1) new text end handle or inspect registration cards, files, or lists deleted text begin . Challengers shall not deleted text end new text begin ;
new text end

new text begin (2) new text end prepare in any manner any list of individuals who have or have not voted deleted text begin . They
shall not deleted text end new text begin ;
new text end

new text begin (3) new text end attempt to influence voting in any manner deleted text begin . They shall not deleted text end new text begin ;
new text end

new text begin (4) new text end converse with a voter deleted text begin except to determine, in the presence of an election judge,
deleted text end deleted text begin whether the voter is eligible to vote in the precinct deleted text end new text begin ;
new text end

new text begin (5) use any electronic communication device inside the polling place; or
new text end

new text begin (6) interfere with an election judge who is performing official duties new text end .

Sec. 3.

Minnesota Statutes 2008, section 204C.12, subdivision 2, is amended to read:

Subd. 2.

Statement of grounds; oath.

new text begin Before making a challenge, new text end a challenger
must be deleted text begin a resident of this state deleted text end new text begin admitted to a polling place as provided in section 204C.07,
subdivision 3a new text end . The secretary of state shall prepare a form that challengers must complete
and sign when making a challenge. The form must include space to state the ground
for the challenge, a statement that the challenge is based on the challenger's personal
knowledge, and a statement that the challenge is made under oath. The form must include
a space for the challenger's printed name, signature, telephone number, and address.

An election judge shall administer to the challenged individual the following oath:

"Do you solemnly swear that you will fully and truly answer all questions put to
you concerning your eligibility to vote at this election?"

The election judge shall then ask the challenged individual sufficient questions to
test that individual's residence and right to vote.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 204C.07, subdivision 3, new text end new text begin is repealed.
new text end