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Minnesota Administrative Rules

8200.5100 REGISTRATION AT PRECINCT ONLY.

Subpart 1.

Procedure; proof.

Any person otherwise qualified but not registered to vote in the precinct in which the person resides may register to vote on election day at the polling place of the precinct in which the person resides. To register on election day, a person must complete and sign the registration application and provide proof of residence. A person may prove residence on election day only:

A.

by presenting:

(1)

a valid Minnesota driver's license, learner's permit, or a receipt for either that contains the voter's valid address in the precinct;

(2)

a valid Minnesota identification card issued by the Minnesota Department of Public Safety or a receipt for the identification card that contains the voter's valid address in the precinct; or

(3)

a tribal identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, address, signature, and picture of the individual;

B.

by having a valid registration in the same precinct;

C.

by presenting a notice of late registration mailed by the county auditor or municipal clerk;

D.

by having a person who is registered to vote in the precinct and knows the applicant is a resident of the precinct sign the oath in part 8200.9939; or

E.

by having an employee employed by and working in a residential facility located in the precinct, who knows that the applicant is a resident of that residential facility, vouch for that facility resident, and sign the oath in part 8200.9939, in the presence of the election judge.

"Residential facility" means transitional housing as defined in Minnesota Statutes, section 256E.33, subdivision 1; a supervised living facility licensed by the commissioner of health under Minnesota Statutes, section 144.50, subdivision 6; a nursing home as defined in Minnesota Statutes, section 144A.01, subdivision 5; a residence registered with the commissioner of health as a housing with services establishment as defined in Minnesota Statutes, section 144D.01, subdivision 4; a veterans home operated by the board of directors of the Minnesota Veterans Homes under Minnesota Statutes, chapter 198; a residence licensed by the commissioner of human services to provide a residential program as defined in Minnesota Statutes, section 245A.02, subdivision 14; a residential facility for persons with a developmental disability licensed by the commissioner of human services under Minnesota Statutes, section 252.28; group residential housing as defined in Minnesota Statutes, section 256I.03, subdivision 3; a shelter for battered women as defined in Minnesota Statutes, section 611A.37, subdivision 4; or a supervised publicly or privately operated shelter or dwelling designed to provide temporary living accommodations for the homeless.

To be eligible to sign the oath, the employee must show proof of employment at the residential facility, which may be accomplished by methods including:

(1)

having the employee's name appear on a list of employees provided by the general manager or equivalent officer of the residential facility to the county auditor at least 20 days before the election;

(2)

providing a statement on the facility's letterhead that the individual is an employee of the facility that is signed and dated by a manager or equivalent officer of the facility; or

(3)

providing an employee identification badge.

The oaths in items D and E must be attached to the voter registration application and retained for at least 22 months.

Subp. 2.

Additional proof of residence allowed.

An eligible voter may prove residence under this subpart by presenting one of the photo identification cards listed in item A and one of the additional proofs of residence listed in item B.

A.

The following documents are acceptable photo identification cards under this subpart if they contain the voter's name and photograph:

(1)

a driver's license, a learner's permit, or identification card, issued by the state of Minnesota or any other state of the United States as defined in Minnesota Statutes, section 645.44, subdivision 11;

(2)

a United States passport;

(3)

a United States military or veteran identification card;

(4)

a student identification card issued by a Minnesota secondary or postsecondary educational institution; or

(5)

a tribal identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the individual's signature.

B.

The following documents are acceptable additional proofs of residence under this subpart if the documents show the voter's name and current address in the precinct:

(1)

an original bill, including account statements and start-of-service notification, for telephone, television, or Internet provider services, regardless of how those telephone, television, or Internet provider services are delivered; gas, electric, solid waste, water, or sewer services; credit card or banking services; or rent or mortgage payments. The due date on the bill must be within 30 days before or after election day, or, for bills without a due date, dated within 30 days before election day. For bills delivered electronically, "original" means a printed copy of the electronic bill or a display of the bill on the voter's portable electronic device;

(2)

a current student fee statement that contains the student's valid address in the precinct; or

(3)

a residential lease or residential rental agreement if the lease or rental agreement is valid through election day.

Subp. 3.

Additional proof of residence allowed for students.

An eligible voter may prove residence by presenting a current valid photo identification issued by a postsecondary educational institution in Minnesota if the voter's name, student identification number (if available), and address within the precinct appear on a current residential housing list under Minnesota Statutes, section 135A.17, certified to the county auditor by the postsecondary educational institution.

This additional proof of residence for students must not be allowed unless the postsecondary educational institution submits to the county auditor no later than 60 days prior to the election a written agreement that the postsecondary educational institution will certify for use at the election accurate updated residential housing lists under Minnesota Statutes, section 135A.17. A written agreement is effective for the election and all subsequent elections held in that calendar year, including the November general election.

The additional proof of residence for students must be allowed on an equal basis for voters who reside in housing meeting the requirements of Minnesota Statutes, section 135A.17, if the residential housing lists certified by the postsecondary educational institution meet the requirements of this part.

An updated residential housing list must be certified to the county auditor no earlier than 20 days prior to each election. The certification must be dated and signed by the chief officer or designee of the postsecondary educational institution and must state that the list is current and accurate and includes only the names of persons residing as of the date of the certification.

The auditor shall instruct the election judges of the precinct in procedures for use of the list in conjunction with photo identification. The auditor shall supply a list to the election judges with the election supplies for the precinct.

The auditor shall notify all postsecondary educational institutions in the county of the provisions of this subpart.

Subp. 4.

[Repealed, 38 SR 1368]

Statutory Authority:

MS s 14.388; 201.022; 201.061; 201.221; 203B.09

History:

11 SR 218; 12 SR 2215; 20 SR 2787; 23 SR 403; 23 SR 459; 25 SR 616; 31 SR 350; 32 SR 2055; 38 SR 1368; 40 SR 1553

NOTE: Subpart 1, item E, has been vetoed by the governor, at 32 SR 2060.

Published Electronically:

June 15, 2016

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569