Minnesota Session Laws - 2023, Regular Session

CHAPTER 12--H.F.No. 28

An act

relating to elections; restoring the right to vote to individuals convicted of a felony upon completion of any term of incarceration imposed and executed by a court for the offense; appropriating money;

amending Minnesota Statutes 2022, sections 201.014, by adding a subdivision; 201.071, subdivision 1; 204C.08, subdivision 1d; 204C.10; 609.165, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 201; 243.

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

Section 1.

Minnesota Statutes 2022, section 201.014, is amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Felony conviction; restoration of civil right to vote. new text end

new text begin An individual who is ineligible to vote because of a felony conviction has the civil right to vote restored during any period when the individual is not incarcerated for the offense. If the individual is later incarcerated for the offense, the individual's civil right to vote is lost only during that period of incarceration. new text end

Sec. 2.

Minnesota Statutes 2022, section 201.071, subdivision 1, is amended to read:

Subdivision 1.

Form.

Both paper and electronic voter registration applications must contain the same information unless otherwise provided by law. A voter registration application must contain spaces for the following required information: voter's first name, middle name, and last name; voter's previous name, if any; voter's current address; voter's previous address, if any; voter's date of birth; voter's municipality and county of residence; voter's telephone number, if provided by the voter; date of registration; current and valid Minnesota driver's license number or Minnesota state identification number, or if the voter has no current and valid Minnesota driver's license or Minnesota state identification, the last four digits of the voter's Social Security number; and voter's signature. The paper registration application may include the voter's email address, if provided by the voter. The electronic voter registration application must include the voter's email address. The registration application may include the voter's interest in serving as an election judge, if indicated by the voter. The application must also contain the following certification of voter eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my right to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) deleted text begin have the right to vote because, if I have been convicted of a felony, my felony sentence has expired (been completed) or I have been discharged from my sentence deleted text end new text begin am not currently incarcerated for a conviction of a felony offense new text end ; and

(8) have read and understand the following statement: that giving false information is a felony punishable by not more than five years imprisonment or a fine of not more than $10,000, or both."

The certification must include boxes for the voter to respond to the following questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility must be as provided in this subdivision and approved by the secretary of state. Voter registration forms authorized by the National Voter Registration Act must also be accepted as valid. The federal postcard application form must also be accepted as valid if it is not deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in Minnesota or to change information on an existing registration.

Sec. 3.

new text begin [201.276] DUTIES OF SECRETARY OF STATE; INFORMATION ABOUT VOTING RIGHTS. new text end

new text begin The secretary of state shall develop accurate and complete information in a single publication about the voting rights of people who have been charged with or convicted of a crime. This publication must be made available electronically to the state court administrator for distribution to judges, court personnel, probation officers, and the commissioner of corrections for distribution to corrections officials, parole and supervised release agents, and the public. new text end

Sec. 4.

Minnesota Statutes 2022, section 204C.08, subdivision 1d, is amended to read:

Subd. 1d.

Voter's Bill of Rights.

The county auditor shall prepare and provide to each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set forth in this section. Before the hours of voting are scheduled to begin, the election judges shall post it in a conspicuous location or locations in the polling place. The Voter's Bill of Rights is as follows:

"VOTER'S BILL OF RIGHTS

For all persons residing in this state who meet federal voting eligibility requirements:

(1) You have the right to be absent from work for the purpose of voting in a state, federal, or regularly scheduled election without reduction to your pay, personal leave, or vacation time on election day for the time necessary to appear at your polling place, cast a ballot, and return to work.

(2) If you are in line at your polling place any time before 8:00 p.m., you have the right to vote.

(3) If you can provide the required proof of residence, you have the right to register to vote and to vote on election day.

(4) If you are unable to sign your name, you have the right to orally confirm your identity with an election judge and to direct another person to sign your name for you.

(5) You have the right to request special assistance when voting.

(6) If you need assistance, you may be accompanied into the voting booth by a person of your choice, except by an agent of your employer or union or a candidate.

(7) You have the right to bring your minor children into the polling place and into the voting booth with you.

(8) deleted text begin If you have been convicted of a felony but your felony sentence has expired (been completed) or you have been discharged from your sentence, deleted text end You have the right to vote new text begin if you are not currently incarcerated for conviction of a felony offense new text end .

(9) If you are under a guardianship, you have the right to vote, unless the court order revokes your right to vote.

(10) You have the right to vote without anyone in the polling place trying to influence your vote.

(11) If you make a mistake or spoil your ballot before it is submitted, you have the right to receive a replacement ballot and vote.

(12) You have the right to file a written complaint at your polling place if you are dissatisfied with the way an election is being run.

(13) You have the right to take a sample ballot into the voting booth with you.

(14) You have the right to take a copy of this Voter's Bill of Rights into the voting booth with you."

Sec. 5.

Minnesota Statutes 2022, section 204C.10, is amended to read:

204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE; VOTER RECEIPT.

(a) An individual seeking to vote shall sign a polling place roster or voter signature certificate which states that the individual new text begin : new text end

new text begin (1) new text end is at least 18 years of age deleted text begin , deleted text end new text begin ; new text end

new text begin (2) new text end a citizen of the United States deleted text begin , deleted text end new text begin ; new text end

new text begin (3) new text end has resided in Minnesota for 20 days immediately preceding the election deleted text begin , deleted text end new text begin ; new text end

new text begin (4) new text end maintains residence at the address shown deleted text begin , deleted text end new text begin ; new text end

new text begin (5) new text end is not under a guardianship in which the court order revokes the individual's right to vote deleted text begin , deleted text end new text begin ; new text end

new text begin (6) new text end has not been found by a court of law to be legally incompetent to vote deleted text begin or deleted text end new text begin ; new text end

new text begin (7) new text end has the right to vote because, if the individual was convicted of a felony, deleted text begin the felony sentence has expired or been completed or deleted text end the individual deleted text begin has been discharged from the sentence, deleted text end new text begin is not currently incarcerated for that conviction; new text end

new text begin (8) new text end is registered new text begin ; new text end and

new text begin (9) new text end 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) At the presidential nomination primary, the polling place roster must also state: "I am in general agreement with the principles of the party for whose candidate I intend to vote." This statement must appear separately from the statements required in paragraph (a). The felony penalty provided for in paragraph (a) does not apply to this paragraph.

(c) A judge may, before the applicant signs the roster or voter signature certificate, confirm the applicant's name, address, and date of birth.

(d) After the applicant signs the roster or voter signature certificate, 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.

(e) Whenever a challenged status appears on the polling place roster, an election judge must ensure that the challenge is concealed or hidden from the view of any voter other than the voter whose status is challenged.

Sec. 6.

new text begin [243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE. new text end

new text begin Subdivision 1. new text end

new text begin Correctional facilities; designation of official. new text end

new text begin The chief executive officer of each state and local correctional facility shall designate an official within the facility to provide the notice and application required under this section to a person to whom the civil right to vote is restored by reason of the person's release from actual incarceration. The official shall maintain an adequate supply of voter registration applications and informational materials for this purpose. new text end

new text begin Subd. 2. new text end

new text begin Notice requirement. new text end

new text begin A notice of restoration of the civil right to vote and a voter registration application must be provided as follows: new text end

new text begin (1) the chief executive officer of each state and local correctional facility shall provide the notice and application to a person being released from the facility following incarceration for a felony-level offense; and new text end

new text begin (2) a probation officer or supervised release agent shall provide the notice and application to all individuals under correctional supervision for a felony-level offense. new text end

new text begin Subd. 3. new text end

new text begin Form of notice. new text end

new text begin The notice required by subdivision 2 must appear substantially as follows: new text end

new text begin "NOTICE OF RESTORATION OF YOUR RIGHT TO VOTE. new text end

new text begin Your receipt of this notice today means that your right to vote in Minnesota has been restored. Before you can vote on election day, you still need to register to vote. To register, you may complete a voter registration application online or complete a paper application and return it to the Office of the Secretary of State or to your county auditor. You may also register to vote in your polling place on election day. You will not be permitted to cast a ballot until you register to vote. The first time you appear at your polling place to cast a ballot, you may be required to provide proof of your current residence." new text end

new text begin Subd. 4. new text end

new text begin Failure to provide notice. new text end

new text begin A failure to provide proper notice as required by this section does not prevent the restoration of the person's civil right to vote. new text end

Sec. 7.

Minnesota Statutes 2022, section 609.165, subdivision 1, is amended to read:

Subdivision 1.

Restoration.

When a person has been deprived of civil rights by reason of conviction of a crime and is thereafter discharged, such discharge shall restore the person to all civil rights and to full citizenship, deleted text begin with full right to vote and hold office, deleted text end the same as if such conviction had not taken place, and the order of discharge shall so provide.

Sec. 8.

new text begin APPROPRIATION; SECRETARY OF STATE. new text end

new text begin $14,000 in fiscal year 2023 is appropriated from the general fund to the secretary of state to implement the provisions of this act. This is a onetime appropriation. 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

Sec. 9.

new text begin EFFECTIVE DATE. new text end

new text begin Except as otherwise provided, this act is effective July 1, 2023, and applies to the right to vote at elections conducted on or after that date. new text end

Presented to the governor March 2, 2023

Signed by the governor March 3, 2023, 10:35 a.m.