SF 970

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

A bill for an act
relating to elections; authorizing early voting; amending Minnesota Statutes
2008, sections 201.022, subdivision 1; 203B.001; 203B.01, by adding a
subdivision; 203B.03, subdivision 1; 203B.05; 203B.085; 203B.11, subdivision
1; 204C.10; 206.83; 206.89, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 203B; repealing Minnesota Statutes 2008, section
203B.11, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 201.022, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The secretary of state shall maintain a statewide
voter registration system to facilitate voter registration and to provide a central database
containing voter registration information from around the state. The system must be
accessible to the county auditor of each county in the state. The system must also:

(1) provide for voters to submit their voter registration applications to any county
auditor, the secretary of state, or the Department of Public Safety;

(2) provide for the definition, establishment, and maintenance of a central database
for all voter registration information;

(3) provide for entering data into the statewide registration system;

(4) provide for electronic transfer of completed voter registration applications from
the Department of Public Safety to the secretary of state or the county auditor;

(5) assign a unique identifier to each legally registered voter in the state;

(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
state identification number, and last four digits of the Social Security number for each
voter record;

(7) coordinate with other agency databases within the state;

(8) allow county auditors and the secretary of state to add or modify information in
the system to provide for accurate and up-to-date records;

(9) allow county auditors, municipal and school district clerks, and the secretary
of state to have electronic access to the statewide registration system for review and
search capabilities;

(10) provide security and protection of all information in the statewide registration
system and ensure that unauthorized access is not allowed;

(11) provide access to municipal clerks to use the system;

(12) provide a system for each county to identify the precinct to which a voter
should be assigned for voting purposes;

(13) provide daily reports accessible by county auditors on the driver's license
numbers, state identification numbers, or last four digits of the Social Security numbers
submitted on voter registration applications that have been verified as accurate by the
secretary of state; deleted text begin and
deleted text end

(14) provide reports on the number of absentee ballots transmitted to and returned
and cast by voters under section 203B.16 new text begin ; and new text end

new text begin (15) provide rosters, master lists, and other reports necessary for early voting new text end .

The appropriate state or local official shall provide security measures to prevent
unauthorized access to the computerized list established under section 201.021.

Sec. 2.

Minnesota Statutes 2008, section 203B.001, is amended to read:

203B.001 ELECTION LAW APPLICABILITY.

The Minnesota Election Law is applicable to voting by absentee ballot new text begin and early
voting new text end unless otherwise provided in this chapter.

Sec. 3.

Minnesota Statutes 2008, section 203B.01, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Early voting. new text end

new text begin "Early voting" means voting in person before election day at
the office of the county auditor or any other location authorized in this chapter.
new text end

Sec. 4.

Minnesota Statutes 2008, section 203B.03, subdivision 1, is amended to read:

Subdivision 1.

Violation.

No individual shall intentionally:

(a) make or sign any false certificate required by this chapter;

(b) make any false or untrue statement in any application for absentee ballots;

(c) apply for absentee ballots new text begin or cast an early ballot new text end more than once in any election
with the intent to cast an illegal ballot;

(d) exhibit a ballot marked by that individual to any other individual;

(e) do any act in violation of the provisions of this chapter for the purpose of casting
an illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;

(f) use information from absentee ballot new text begin or early voting new text end materials or records for
purposes unrelated to elections, political activities, or law enforcement;

(g) provide assistance to an absentee new text begin or early new text end voter except in the manner provided by
section 204C.15, subdivision 1;

(h) solicit the vote of an absentee new text begin or early new text end voter while in the immediate presence of
the voter during the time the individual knows the absentee new text begin or early new text end voter is voting; or

(i) alter an absentee ballot application after it has been signed by the voter, except by
an election official for administrative purposes.

Before inspecting information from absentee ballot new text begin or early voting new text end materials or
records, an individual shall provide identification to the public official having custody of
the material or information.

Sec. 5.

Minnesota Statutes 2008, section 203B.05, is amended to read:

203B.05 DESIGNATION OF MUNICIPAL CLERKS TO ADMINISTER
new text begin EARLY AND new text end ABSENTEE VOTING LAWS.

Subdivision 1.

Generally.

The full-time clerk of any city or town shall administer
the provisions of sections 203B.04 to 203B.15 new text begin and 203B.30 to 203B.35, new text end if:

(a) the county auditor of that county has designated the clerk to administer them; or

(b) the clerk has given the county auditor of that county notice of intention to
administer them.

new text begin A clerk may only administer the provisions of sections 203B.04 to 203B.15 and
203B.30 to 203B.35 if the office of the clerk has the technical capacity to access the
absentee module of the statewide voter registration system in the secure manner prescribed
by the secretary of state. The secretary of state must identify hardware, software, security,
or other technical prerequisites necessary to ensure the security, access controls, and
performance of the statewide voter registration system. A clerk designated under this
subdivision must receive training approved by the secretary of state on the use of the
statewide voter registration system. A clerk may not use the statewide voter registration
system until the clerk has received the required training.
new text end

Subd. 2.

City, school district, and town elections.

For city, town, and school
district elections not held on the same day as a statewide election, applications for
absentee ballots shall be filed with the city, school district, or town clerk and the duties
prescribed by this chapter for the county auditor shall be performed by the city, school
district, or town clerk unless the county auditor agrees to perform those duties on behalf
of the city, school district, or town clerk. The costs incurred to provide absentee ballots
and perform the duties prescribed by this subdivision shall be paid by the city, town, or
school district holding the election.

Notwithstanding any other law, this chapter applies to school district elections held
on the same day as a statewide election or an election for a county or municipality wholly
or partially within the school district.

Sec. 6.

Minnesota Statutes 2008, section 203B.085, is amended to read:

203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO
REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.

The county auditor's office in each county and the clerk's office in each city or
town authorized under section 203B.05 to administer absentee balloting must be open for
acceptance of absentee ballot applications and casting of absentee ballots deleted text begin from 10:00
a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. deleted text end new text begin during normal business hours new text end on the
day immediately preceding a primary, special, or general election unless that day falls
on a Saturday or Sunday. Town clerks' offices must be open for absentee voting from
10:00 a.m. to 12:00 noon on the Saturday before a town general election held in March.
The school district clerk, when performing the county auditor's election duties, need not
comply with this section.

Sec. 7.

Minnesota Statutes 2008, section 203B.11, subdivision 1, is amended to read:

Subdivision 1.

Generally.

Each full-time municipal clerk or school district
clerk who has authority under section 203B.05 to administer absentee new text begin and early new text end voting
laws shall designate election judges to deliver deleted text begin absentee deleted text end ballots in accordance with this
section. The county auditor must also designate election judges to perform the duties in
this section. A ballot may be delivered only to an eligible voter who is a temporary or
permanent resident or patient in a health care facility or hospital located in the municipality
in which the voter maintains residence. The ballots shall be delivered by two election
judges, each of whom is affiliated with a different major political party. When the election
judges deliver or return ballots as provided in this section, they shall travel together in the
same vehicle. new text begin The election judges must bring a ballot box. new text end Both election judges shall be
present when an applicant deleted text begin completes the certificate of eligibility deleted text end new text begin signs the certification
required by section 204C.10, paragraph (b) new text end and marks the deleted text begin absentee deleted text end ballots, and may assist
an applicant as provided in section 204C.15. new text begin Voters must insert their ballots into the
ballot box. new text end The election judges shall deleted text begin deposit the return envelopes containing the marked
absentee ballots deleted text end new text begin remove the ballots from the ballot box, place them new text end in a sealed container
and return them to the clerk on the same day that they are delivered and marked.

new text begin Election judges may bring an electronic ballot counter to serve as the ballot box.
Election judges may bring an electronic ballot marker.
new text end

Sec. 8.

new text begin [203B.30] EARLY VOTING.
new text end

new text begin (a) Except as provided in paragraph (b), any eligible voter may vote in person before
election day in the manner provided in sections 203B.31 to 203B.35.
new text end

new text begin (b) Until January 1, 2014, this section does not apply to a town or school district
election that is not held in conjunction with a statewide primary or statewide election.
new text end

Sec. 9.

new text begin [203B.31] TIME PERIOD FOR EARLY VOTING.
new text end

new text begin Early voting must be available to any eligible voter as provided in section 203B.32
for every primary, general, and special election from 30 days before the election through
the fourth day before the election.
new text end

Sec. 10.

new text begin [203B.32] HOURS FOR EARLY VOTING.
new text end

new text begin Early voting must be available between the hours of 8:00 a.m. and 4:30 p.m. on
each weekday during the time period provided in section 203B.31; from 8:00 a.m. to 8:00
p.m. on at least one of those days; and from 8:00 a.m. to noon on at least one Saturday.
new text end

Sec. 11.

new text begin [203B.33] LOCATIONS FOR EARLY VOTING.
new text end

new text begin (a) Early voting must be made available at a polling place designated in the county
auditor's office, at the municipal clerk's office in every municipality that has been
delegated the responsibility to administer absentee voting as provided in section 203B.05,
and at any other location designated by the county auditor or municipal clerk at least 90
days before the election. At least one voting station and one ballot marking device for
disabled voters must be made available in each polling place.
new text end

new text begin (b) The county auditor must make at least one ballot box available in each polling
place. As soon as practicable following the public accuracy test, the county auditor must
make an electronic ballot counter available.
new text end

Sec. 12.

new text begin [203B.34] NOTICE TO VOTERS.
new text end

new text begin The county auditor must prepare a notice to the voters of the days, times, and
locations for early voting. This notice must be posted on the county's Web site and the
Web site for each municipality in the county where an early voting location is designated
for the election at least 14 days before the first day for early voting.
new text end

Sec. 13.

new text begin [203B.35] PROCEDURES FOR EARLY VOTING.
new text end

new text begin Subdivision 1. new text end

new text begin Voting procedure. new text end

new text begin Each voter shall sign an early voting roster that
must include the certification provided in section 204C.10. An individual who is not
registered to vote must register in the manner provided in section 201.061, subdivision 3.
After the voter has signed a roster, two staff of the county auditor or municipal clerk or
two election judges must initial the appropriate ballot for the voter's precinct and provide
it to the voter. The voter must mark the ballot and deposit it in either a precinct voting
system or a sealed ballot box. A voter may not leave the polling place with the ballot.
new text end

new text begin Subd. 2. new text end

new text begin Record of voting. new text end

new text begin (a) The county auditor or municipal clerk must
immediately record that a voter has voted early on the voter's record in the statewide voter
registration system. After a voter's record has been marked to record that an individual
has voted early, the individual must not be allowed to vote again at that election. Voters
who are not preregistered at the voter's current address must be considered election day
registrants.
new text end

new text begin (b) The early voting rosters must be marked no later than the start of voting on
election day to indicate the voters who have cast a ballot at an early voting location.
The rosters may be marked either:
new text end

new text begin (1) by the municipal clerk before election day;
new text end

new text begin (2) by the absentee ballot board before election day; or
new text end

new text begin (3) by the election judges at the polling place on election day.
new text end

new text begin (c) A voter who has cast a ballot in person by early voting and deposited it in a ballot
box or ballot counter must not be permitted to vote at the polling place on election day.
An absentee ballot received from a voter who has cast a ballot in person by early voting
must be rejected by the election judges.
new text end

new text begin Subd. 3. new text end

new text begin Storage and counting of ballots. new text end

new text begin Two staff of the county auditor or
municipal clerk or two election judges of different major political parties must:
new text end

new text begin (1) remove the ballots from the ballot box and seal and secure them at the end of
each day on which early ballots were inserted into the ballot box; and
new text end

new text begin (2) without inspecting the ballots, ensure that the number of ballots removed from
the ballot box is equal to the number of voters who voted early.
new text end

new text begin After the polls have closed on election day, two staff of the county auditor or two
election judges of different major political parties must count the early ballots, tabulating
the vote in a manner that indicates each vote of the voter and the total votes cast for
each candidate or question. In state primary and state general elections, the results must
indicate the total votes cast for each candidate or question in each precinct and report the
vote totals tabulated for each precinct. The count shall be public. No vote totals from early
ballots may be made public before the close of voting on election day.
new text end

Sec. 14.

Minnesota Statutes 2008, section 204C.10, is amended to read:

204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.

(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) new text begin An individual voting early under section 203B.30 must sign a roster that meets
the additional requirements of this paragraph. In addition to the content required under
paragraph (a), the roster must also state: "I understand that after I have cast my ballot
today, I cannot vote again in this election."
new text end

new text begin (c) All of the text contained within the quotation marks in paragraphs (a) and (b)
must be in bold type in rosters provided to individuals voting under section 203B.30.
new text end

new text begin (d) new text end A judge may, before the applicant signs the roster, confirm the applicant's name,
address, and date of birth.

deleted text begin (c) deleted text end new text begin (e) new text end 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. 15.

Minnesota Statutes 2008, section 206.83, is amended to read:

206.83 TESTING OF VOTING SYSTEMS.

deleted text begin Within 14 days before election day, deleted text end The official in charge of elections shall have
the voting system tested to ascertain that the system will correctly mark ballots using all
methods supported by the system, including through assistive technology, and count the
votes cast for all candidates and on all questions. Public notice of the time and place of the
test must be given at least two days in advance by publication once in official newspapers.
The test must be observed by at least two election judges, who are not of the same major
political party, and must be open to representatives of the political parties, candidates, the
press, and the public. The test must be conducted by (1) processing a preaudited group
of ballots punched or marked to record a predetermined number of valid votes for each
candidate and on each question, and must include for each office one or more ballot cards
which have votes in excess of the number allowed by law in order to test the ability of
the voting system tabulator and electronic ballot marker to reject those votes; and (2)
processing an additional test deck of ballots marked using the electronic ballot marker
for the precinct, including ballots marked using the electronic ballot display, audio ballot
reader, and any assistive voting technology used with the electronic ballot marker. If any
error is detected, the cause must be ascertained and corrected and an errorless count must
be made before the voting system may be used in the election. After the completion of
the test, the programs used and ballot cards must be sealed, retained, and disposed of as
provided for paper ballots.

new text begin Testing of equipment used for early voting must be conducted as soon as practicable
after the equipment has been programmed. Testing of equipment used on the day of the
election must be conducted within the 14 days before election day.
new text end

Sec. 16.

Minnesota Statutes 2008, section 206.89, subdivision 2, is amended to read:

Subd. 2.

Selection for review; notice.

At the canvass of the state primary, the
county canvassing board in each county must set the date, time, and place for the
postelection review of the state general election to be held under this section.

At the canvass of the state general election, the county canvassing boards must select
the precincts to be reviewed by lot. new text begin The early ballots counted centrally must be considered
a precinct eligible to be selected for the purposes of this subdivision. new text end The county
canvassing board of a county with fewer than 50,000 registered voters must conduct a
postelection review of a total of at least two precincts. The county canvassing board of a
county with between 50,000 and 100,000 registered voters must conduct a review of a total
of at least three precincts. The county canvassing board of a county with over 100,000
registered voters must conduct a review of a total of at least four precincts, or three percent
of the total number of precincts in the county, whichever is greater. At least one precinct
selected in each county must have had more than 150 votes cast at the general election.

The county auditor must notify the secretary of state of the precincts that have been
chosen for review and the time and place the postelection review for that county will be
conducted, as soon as the decisions are made. If the selection of precincts has not resulted
in the selection of at least four precincts in each congressional district, the secretary of state
may require counties to select by lot additional precincts to meet the congressional district
requirement. The secretary of state must post this information on the office Web site.

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 203B.11, subdivision 2, new text end new text begin is repealed.
new text end

Sec. 18. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 17 are effective when the secretary of state has certified that:
new text end

new text begin (1) the statewide voter registration system has been tested, shown to properly allow
for the tracking of the information required to conduct early voting, and can handle the
expected volume of use; and
new text end

new text begin (2) that voting equipment that can tabulate at least 30 different ballot styles has
been certified for use in this state.
new text end

new text begin Upon certification, sections 1 to 6 apply to all federal, state, county, and city elections held
in conjunction with the state primary in 2010 and thereafter, and to all other elections
held in 2014 and thereafter. A municipality may implement the requirements of this
chapter prior to the date provided in this paragraph, if the secretary of state has made the
certification required by this section at least 90 days prior to the date of the election at
which early voting will be used.
new text end