2003 Minnesota Statutes

CHAPTER 201. Registration and eligibility of voters

  201.01 Definitions. 

    The definitions in chapter 200 apply to this chapter. 

    HIST: 1959 c 675 art 2 s 1; 1981 c 29 art 2 s 1 

  201.013 Repealed, 1959 c 675 art 13 s 1 

     201.014 Eligibility to vote. 

    Subdivision 1.    Requirements.  Except as provided in 
 subdivision 2, an individual who meets the following 
 requirements at the time of an election is eligible to vote.  
 The individual must:  

    (a) Be 18 years of age or older; 

    (b) Be a citizen of the United States; and 

    (c) Maintain residence in Minnesota for 20 days immediately 
 preceding the election.  

    Subd. 2.    Not eligible.  The following individuals are 
 not eligible to vote.  Any individual:  

    (a) Convicted of treason or any felony whose civil rights 
 have not been restored; 

    (b) Under a guardianship of the person in which the court 
 order provides that the ward does not retain the right to vote; 
 or 

    (c) Found by a court of law to be legally incompetent.  

    Subd. 3.    Penalty.  Any individual who votes who 
 knowingly is not eligible to vote is guilty of a felony.  

    HIST: 1981 c 29 art 2 s 2; 1986 c 444; 2003 c 12 art 2 s 2 

     201.016 Residence requirements for voting; violations; 
  penalty. 

    Subdivision 1.    Determination of residence.  An 
 eligible voter may vote only in the precinct in which the voter 
 maintains residence.  The residence of a voter shall be 
 determined in accordance with section 200.031.  

    Subd. 1a.    Violations; penalty.  (a) The county 
 auditor shall mail a violation notice to any voter who the 
 county auditor can determine has voted in a precinct other than 
 the precinct in which the voter maintains residence.  The notice 
 must be in the form provided by the secretary of state.  The 
 county auditor shall also change the status of the voter in the 
 statewide registration system to "challenged" and the voter 
 shall be required to provide proof of residence to either the 
 county auditor or to the election judges in the voter's precinct 
 before voting in the next election.  Any of the forms authorized 
 by section 201.061 for registration at the polling place may be 
 used for this purpose. 

    (b) A voter who votes in a precinct other than the precinct 
 in which the voter maintains residence after receiving an 
 initial violation notice as provided in this subdivision is 
 guilty of a petty misdemeanor.  

    (c) A voter who votes in a precinct other than the precinct 
 in which the voter maintains residence after having been found 
 to have committed a petty misdemeanor under paragraph (b) is 
 guilty of a misdemeanor. 

    (d) Reliance by the voter on inaccurate information 
 regarding the location of the voter's polling place provided by 
 the state, county, or municipality is an affirmative defense to 
 a prosecution under this subdivision. 

    Subd. 2.    Duration of residence.  The governing body 
 of any city by resolution may require an eligible voter to 
 maintain residence in a precinct for a period of 30 days prior 
 to voting on any question affecting only that precinct or voting 
 to elect public officials representing only that precinct.  The 
 governing body of any town by resolution may require an eligible 
 voter to maintain residence in that town for a period of 30 days 
 prior to voting in a town election.  The school board of any 
 school district by resolution may require an eligible voter to 
 maintain residence in that school district for a period of 30 
 days prior to voting in a school district election. 

    HIST: 1981 c 29 art 2 s 3; 1986 c 444; 1987 c 266 art 1 s 4; 
 1999 c 132 s 3,4; 1Sp2001 c 10 art 18 s 7 

     201.018 Registration for voting. 

    Subdivision 1. Repealed, 1984 c 560 s 26 

    Subd. 2.    Registration required.  An eligible voter 
 must register in a manner specified by section 201.054, in order 
 to vote in any primary, special primary, general, school 
 district, or special election held in the county.  

    HIST: 1981 c 29 art 2 s 4; 1986 c 475 s 2; 1987 c 266 art 1 s 
 5 

  201.02 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.02 MS 1971 Repealed, 1973 c 676 s 33 

     201.021 Permanent registration system. 

    A permanent system of voter registration by county is 
 established, with the county systems linked together by a 
 centralized statewide system.  The county auditor shall be chief 
 registrar of voters and the chief custodian of the official 
 registration records in each county.  The secretary of state is 
 responsible for maintaining the centralized system. 

    HIST: 1973 c 676 s 3; 1975 c 204 s 94; 1981 c 29 art 2 s 5; 
 1984 c 560 s 2; 1987 c 361 s 2 

     201.022 Statewide registration system. 

    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.  

    Subd. 2.    Rules.  The secretary of state shall make 
 permanent rules necessary to administer the system required in 
 subdivision 1.  The rules must at least:  

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

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

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

    (4) provide for interaction with the computerized driver's 
 license records of the Department of Public Safety; 

    (5) allow the offices of all county auditors and the 
 secretary of state to add, modify, and delete information from 
 the system to provide for accurate and up-to-date records; 

    (6) allow the offices of all county auditors and the 
 Secretary of State's Office to have access to the statewide 
 registration system for review and search capabilities; 

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

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

    (9) prescribe a procedure for the return of completed voter 
 registration forms from the Department of Public Safety to the 
 secretary of state or the county auditor. 

    HIST: 1987 c 361 s 1; 1988 c 646 s 1; 1990 c 585 s 2; 1995 c 
 233 art 2 s 56; 1Sp2001 c 10 art 18 s 8 

     201.023 Voter registration. 

    Amounts received by the secretary of state to pay the cost 
 of producing lists of registered voters under section 201.091, 
 subdivision 5, by the statewide registration system must be 
 deposited in the state treasury and credited to the general fund.

    HIST: 1988 c 646 s 2; 1990 c 585 s 3; 1990 c 594 art 3 s 8 

  201.03 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.03 MS 1971 Repealed, 1973 c 676 s 33 

  201.04 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.04 MS 1971 Repealed, 1973 c 676 s 33 

  201.05 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.05 MS 1971 Repealed, 1973 c 676 s 33 

     201.054 Methods of registering; prohibitions; penalty. 

    Subdivision 1.    Registration.  An individual may 
 register to vote:  

    (1) at any time before the 20th day preceding any election 
 as provided in section 201.061, subdivision 1; 

    (2) on the day of an election as provided in section 
 201.061, subdivision 3; or 

    (3) when submitting an absentee ballot, by enclosing a 
 completed registration card as provided in section 203B.04, 
 subdivision 4.  

    Subd. 2.    Prohibitions; penalty.  No individual shall 
 intentionally:  

    (a) Cause or attempt to cause the individual's name to be 
 registered in any precinct if the individual is not eligible to 
 vote; 

    (b) Cause or attempt to cause the individual's name to be 
 registered for the purpose of voting in more than one precinct; 

    (c) Misrepresent the individual's identity when attempting 
 to register to vote; or 

    (d) Aid, abet, counsel, or procure any other individual to 
 violate this subdivision.  

    A violation of this subdivision is a felony.  

    HIST: 1981 c 29 art 2 s 6; 1986 c 444; 1987 c 361 s 3; 1990 c 
 585 s 4; 1999 c 132 s 5 

     201.056 Signature of registered voter; marks allowed. 

    An individual who is unable to write the individual's name 
 shall be required to sign a registration card by making the 
 individual's mark.  If the individual registers in person, the 
 clerk or election judge accepting the registration shall certify 
 the mark by signing the individual's name.  If the individual 
 registers by mail, the mark shall be certified by having a voter 
 registered in the individual's precinct sign the individual's 
 name and the voter's own name and give the voter's own address.  

    HIST: 1981 c 29 art 2 s 7; 1986 c 444 

  201.06 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.06 MS 1971 Repealed, 1973 c 676 s 33 

     201.061 Registration on or before election day. 

    Subdivision 1.    Prior to election day.  At any time 
 except during the 20 days immediately preceding any election, an 
 eligible voter or any individual who will be an eligible voter 
 at the time of the next election may register to vote in the 
 precinct in which the voter maintains residence by completing a 
 registration card and submitting it in person or by mail to the 
 county auditor of that county or to the Secretary of State's 
 Office.  A registration that is received no later than 5:00 p.m. 
 on the 21st day preceding any election shall be accepted.  An 
 improperly addressed or delivered registration card shall be 
 forwarded within two working days after receipt to the county 
 auditor of the county where the voter maintains residence.  A 
 state or local agency or an individual that accepts completed 
 voter registration cards from a voter must submit the completed 
 cards to the secretary of state or the appropriate county 
 auditor within ten days after the cards are dated by the voter. 

    Subd. 2. Repealed, 1990 c 585 s 34 

    Subd. 3.    Election day registration.  An individual 
 who is eligible to vote may register on election day by 
 appearing in person at the polling place for the precinct in 
 which the individual maintains residence, by completing a 
 registration card, making an oath in the form prescribed by the 
 secretary of state and providing proof of residence.  An 
 individual may prove residence for purposes of registering by: 

    (1) showing a driver's license or Minnesota identification 
 card issued pursuant to section 171.07; 

    (2) showing any document approved by the secretary of state 
 as proper identification; 

    (3) showing one of the following: 

    (i) a current valid student identification card from a 
 postsecondary educational institution in Minnesota, if a list of 
 students from that institution has been prepared under section 
 135A.17 and certified to the county auditor in the manner 
 provided in rules of the secretary of state; or 

    (ii) a current student fee statement that contains the 
 student's valid address in the precinct together with a picture 
 identification card; 

    (4) having a voter who is registered to vote in the 
 precinct sign an oath in the presence of the election judge 
 vouching that the voter personally knows that the individual is 
 a resident of the precinct.  A voter who has been vouched for on 
 election day may not sign a proof of residence oath vouching for 
 any other individual on that election day; or 

    (5) for tribal band members living on an Indian 
 reservation, an individual may prove residence for purposes of 
 registering by showing an 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, street address, signature, and picture of the 
 individual.  The county auditor of each county having territory 
 within the reservation shall maintain a record of the number of 
 election day registrations accepted under this section. 

    A county, school district, or municipality may require that 
 an election judge responsible for election day registration 
 initial each completed registration card.  

    Subd. 4.    Registration by election judges; procedures. 
  Registration at the polling place on election day shall be 
 conducted by the election judges.  The election judge who 
 registers an individual at the polling place on election day 
 shall not handle that voter's ballots at any time prior to the 
 opening of the ballot box after the voting ends.  Registration 
 cards and forms for oaths shall be available at each polling 
 place.  If an individual who registers on election day proves 
 residence by oath of a registered voter, the form containing the 
 oath shall be attached to the individual's registration card.  
 Registration cards completed on election day shall be forwarded 
 to the county auditor who shall add the name of each voter to 
 the registration system unless the information forwarded is 
 substantially deficient.  A county auditor who finds an election 
 day registration substantially deficient shall give written 
 notice to the individual whose registration is found deficient.  
 An election day registration shall not be found deficient solely 
 because the individual who provided proof of residence was 
 ineligible to do so. 

    Subd. 5.    Unregistered voters; penalty.  No election 
 judge in any precinct in which registration is required may 
 receive the vote at any election of any individual whose name is 
 not registered in a manner specified in section 201.054, 
 subdivision 1 or not recorded under section 203B.19.  A 
 violation of this subdivision is a felony.  

    Subd. 6.    Precinct map.  Except as otherwise provided 
 by this subdivision, the county auditor shall provide each 
 precinct with an accurate precinct map or precinct finder to 
 assist the election judges in determining whether an address is 
 located in that precinct.  A county auditor may delegate this 
 responsibility as provided in section 201.221, subdivision 4, to 
 a municipal or school district clerk who prepares precinct maps 
 as provided in section 204B.14, subdivision 5.  

    Subd. 7.    Record of attempted registrations.  The 
 election judge responsible for election day registration shall 
 attempt to keep a record of the number of individuals who 
 attempt to register on election day but who cannot provide proof 
 of residence as required by this section.  The record shall be 
 forwarded to the county auditor with the election returns for 
 that precinct.  

    HIST: 1973 c 676 s 4; 1974 c 583 s 1,2; 1977 c 395 s 1,2; 1978 
 c 714 s 1,30; 1981 c 29 art 2 s 8; 1981 c 217 s 3; 2Sp1981 c 2 s 
 1; 1983 c 253 s 1; 1984 c 560 s 3; 1986 c 444; 1987 c 266 art 1 
 s 6,7; 1987 c 361 s 4; 1990 c 585 s 5; 1991 c 227 s 4; 1997 c 
 147 s 2; 2000 c 467 s 5; 2002 c 394 s 1 

  201.07 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.07 MS 1971 Repealed, 1973 c 676 s 33 

     201.071 Registration cards. 

    Subdivision 1.    Form.  A registration card must be of 
 suitable size and weight for mailing and 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; and voter's signature.  The card must also contain 
 a certification of voter eligibility. 

    The form of the voter registration card and the 
 certification of voter eligibility must be as provided in the 
 rules of the secretary of state.  Voter registration forms 
 authorized by the National Voter Registration Act may also be 
 accepted as valid. 

    Subd. 2.    Instructions.  A registration card shall be 
 accompanied by instructions specifying the manner and method of 
 registration, the qualifications for voting, the penalties for 
 false registration, and the availability of registration and 
 voting assistance for elderly and handicapped individuals and 
 residents of health care facilities and hospitals.  If, prior to 
 election day, a person requests the instructions in Braille, on 
 cassette tape, or in a version printed in 16-point bold type 
 with heavy leading, the county auditor shall provide them in the 
 form requested.  The secretary of state shall prepare Braille 
 and cassette copies and make them available.  

    Subd. 3.    Deficient registration.  No registration is 
 deficient if it contains the voter's name, address, date of 
 birth, prior registration if any and signature.  The absence of 
 a zip code number does not cause the registration to be 
 deficient.  The election judges shall request an individual to 
 correct a registration card if it is deficient or illegible or 
 if the name or number of the voter's school district is missing 
 or obviously incorrect.  No eligible voter may be prevented from 
 voting unless the voter's registration card is deficient or the 
 voter is duly and successfully challenged in accordance with 
 section 201.195 or 204C.12. 

    A registration card accepted prior to August 1, 1983, is 
 not deficient for lack of date of birth.  The county or 
 municipality may attempt to obtain the date of birth for a 
 registration card accepted prior to August 1, 1983, by a request 
 to the voter at any time except at the polling place.  Failure 
 by the voter to comply with this request does not make the 
 registration deficient.  

    Subd. 4.    Change of registration.  Any county auditor 
 who receives a registration card indicating that an individual 
 was previously registered in a different county in Minnesota 
 shall notify the county auditor of that county electronically 
 through the statewide registration system in the manner 
 prescribed in the rules of the secretary of state.  A county 
 auditor receiving a registration card indicating that a voter 
 was previously registered in a different precinct in the same 
 county or receiving a notification as provided in this 
 subdivision shall remove that individual's voter registration 
 card from the files. Any county auditor who receives a 
 registration card or notification requiring a change of 
 registration records under this subdivision as a result of an 
 election day registration shall also check the statewide 
 registration system to determine whether the individual voted in 
 more than one precinct in the most recent election.  

    Subd. 5. Repealed, 1990 c 585 s 34 

    Subd. 6. Repealed, 1990 c 585 s 34 

    Subd. 7. Repealed, 1983 c 124 s 6 

    Subd. 8.    School district assistance.  School 
 districts shall assist county auditors in determining the school 
 district in which a voter resides. 

    HIST: 1973 c 676 s 5; 1974 c 583 s 3,4; 1977 c 395 s 3; 1978 c 
 714 s 2,30; 1981 c 29 art 2 s 9; 1981 c 92 s 1; 1983 c 124 s 
 1-3; 1983 c 303 s 1; 1984 c 471 s 1; 1984 c 628 art 3 s 11; 1986 
 c 444; 1987 c 175 s 1; 1987 c 266 art 1 s 8,9; 1987 c 361 s 5; 
 1988 c 646 s 3; 1990 c 453 s 1; 1990 c 585 s 6,7; 1993 c 223 s 
 1; 1997 c 147 s 3 

  201.08 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.08 MS 1971 Repealed, 1973 c 676 s 33 

     201.081 Registration files. 

    The statewide registration system is the official record of 
 registered voters.  The voter registration cards and the 
 terminal providing access to the statewide registration system 
 must be under the control of the county auditor or the public 
 official to whom the county auditor has delegated the 
 responsibility for maintaining voter registration records.  The 
 voter registration cards and terminals providing access to the 
 statewide registration system must not be removed from the 
 control of the county auditor except as provided in this 
 subdivision.  The county auditor may make photographic copies of 
 voter registration cards in the manner provided by section 
 138.17.  

    A properly completed voter registration card that has been 
 submitted to the secretary of state or a county auditor must be 
 maintained by the secretary of state or the county auditor for 
 at least 22 months after the date that the information on the 
 card is entered into the database of the statewide registration 
 system.  The secretary of state or the county auditor may 
 dispose of the cards after retention for 22 months in the manner 
 provided by section 138.17. 

    HIST: 1973 c 676 s 6; 1976 c 223 s 4; 1978 c 714 s 30; 1981 c 
 29 art 2 s 10; 1987 c 361 s 6; 1990 c 585 s 8; 1993 c 223 s 2; 
 1997 c 147 s 4 

  201.09 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.09 MS 1971 Repealed, 1973 c 676 s 33 

     201.091 Registered voter lists; reports; registration 
  places. 

    Subdivision 1.    Master list.  Each county auditor 
 shall prepare and maintain a current list of registered voters 
 in each precinct in the county which is known as the master 
 list.  The master list must be created by entering each 
 completed voter registration card received by the county auditor 
 into the statewide registration system.  It must show the name, 
 residence address, and date of birth of each voter registered in 
 the precinct.  The information contained in the master list may 
 only be made available to public officials for purposes related 
 to election administration, jury selection, and in response to a 
 law enforcement inquiry concerning a violation of or failure to 
 comply with any criminal statute or state or local tax statute. 

    Subd. 2.    Corrected list.  By February 15 of each 
 year, the secretary of state shall prepare the master list for 
 each county auditor.  The records in the statewide registration 
 system must be periodically corrected and updated by the county 
 auditor.  An updated master list for each precinct must be 
 available for absentee voting at least 32 days before each 
 election.  A final corrected master list must be available seven 
 days before each election. 

    Subd. 3. Repealed, 1990 c 585 s 34 

    Subd. 4.    Public information lists.  The county 
 auditor shall make available for inspection a public information 
 list which must contain the name, address, year of birth, and 
 voting history of each registered voter in the county.  The 
 telephone number must be included on the list if provided by the 
 voter.  The public information list may also include information 
 on voting districts.  The county auditor may adopt reasonable 
 rules governing access to the list.  No individual inspecting 
 the public information list shall tamper with or alter it in any 
 manner.  No individual who inspects the public information list 
 or who acquires a list of registered voters prepared from the 
 public information list may use any information contained in the 
 list for purposes unrelated to elections, political activities, 
 or law enforcement.  The secretary of state may provide copies 
 of the public information lists and other information from the 
 statewide registration system for uses related to elections, 
 political activities, or in response to a law enforcement 
 inquiry from a public official concerning a failure to comply 
 with any criminal statute or any state or local tax statute. 

    Before inspecting the public information list or obtaining 
 a list of voters or other information from the list, the 
 individual shall provide identification to the public official 
 having custody of the public information list and shall state in 
 writing that any information obtained from the list will not be 
 used for purposes unrelated to elections, political activities, 
 or law enforcement.  Requests to examine or obtain information 
 from the public information lists or the statewide registration 
 system must be made and processed in the manner provided in the 
 rules of the secretary of state. 

    Upon receipt of a written request and a copy of the court 
 order, the secretary of state may withhold from the public 
 information list the name of any registered voter placed under 
 court-ordered protection. 

    Subd. 5.    Copy of list to registered voter.  The 
 county auditors and the secretary of state shall provide paper 
 copies of the public information lists and may provide the lists 
 in some other form to any voter registered in Minnesota within 
 ten days of receiving a written request accompanied by payment 
 of the cost of reproduction.  The county auditors and the 
 secretary of state shall make a copy of the list available for 
 public inspection without cost.  An individual who inspects or 
 acquires a copy of a public information list may not use any 
 information contained in it for purposes unrelated to elections, 
 political activities, or law enforcement.  No list made 
 available for public inspection or purchase may include the date 
 of birth of a registered voter. 

    Subd. 6. Repealed, 1983 c 303 s 24 

    Subd. 7. Repealed, 1983 c 303 s 24 

    Subd. 8.    Registration places.  Each county auditor 
 shall designate a number of public buildings in those political 
 subdivisions of the county where preregistration of voters is 
 allowed as provided in section 201.061, subdivision 1, where 
 eligible voters may register to vote.  At least one public 
 building must be designated for each 30,000 residents of the 
 county.  At least one telecommunications device for the deaf 
 must be available for voter registration information in each 
 county seat and in every city of the first, second, and third 
 class. 

    An adequate supply of registration cards and instructions 
 must be maintained at each designated location, and a designated 
 individual must be available there to accept registration cards 
 and transmit them to the county auditor.  

    A person who, because of handicap, needs assistance in 
 order to determine eligibility or to register must be assisted 
 by a designated individual.  Assistance includes but is not 
 limited to reading the registration form and instructions and 
 filling out the registration form as directed by the eligible 
 voter.  

    HIST: 1973 c 676 s 7; 1974 c 55 s 1; 1976 c 223 s 1-3; 1977 c 
 96 s 1; 1977 c 395 s 4-6; 1978 c 714 s 30; 1981 c 29 art 2 s 11; 
 1984 c 471 s 2; 1985 c 31 s 1; 1986 c 444; 1987 c 175 s 2; 1988 
 c 646 s 4,5; 1990 c 585 s 9; 1991 c 227 s 5,6; 1991 c 349 s 28 

  201.095 Repealed, 1987 c 266 art 1 s 68 

     201.096 School elections; use of voter registration 
  system. 

    The county auditor shall allow independent or special 
 school districts to use the necessary portions of the statewide 
 registration system for school district elections.  The county 
 auditor may impose reasonable requirements to preserve the 
 security and integrity of the system.  The county auditor and 
 the school district shall provide by agreement for the details 
 of the use of the system by the school district.  The school 
 board may designate a member of the board or an employee as 
 registration officer.  The provisions of this chapter and 
 chapter 203B relating to registration of voters apply to school 
 district elections in which the statewide registration system is 
 used.  

    HIST: 1990 c 585 s 10 

  201.10 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.10 MS 1971 Repealed, 1973 c 676 s 33 

  201.11 Precinct boundaries changed, change of files. 

    When the boundaries of a precinct are changed, the county 
 auditor shall immediately update the voter records for that 
 precinct in the statewide registration system to accurately 
 reflect those changes. 

    HIST: 1959 c 675 art 2 s 11; 1973 c 676 s 8; 1981 c 29 art 2 s 
 13; 1993 c 223 s 3 

  201.12 Proper registration; verification by mail; 
  challenges. 

    Subdivision 1.    Notice of registration.  To prevent 
 fraudulent voting and to eliminate excess names, the county 
 auditor may mail to any registered voter a notice stating the 
 voter's name and address as they appear in the registration 
 files.  The notice shall request the voter to notify the county 
 auditor if there is any mistake in the information.  

    Subd. 2.    Challenges.  Upon return of any 
 nonforwardable mailing from an election official, the county 
 auditor or the auditor's staff shall ascertain the name and 
 address of that individual.  If the individual is no longer at 
 the address recorded in the statewide registration system, the 
 county auditor shall change the registrant's status to 
 "challenged" in the statewide registration system.  An 
 individual challenged in accordance with this subdivision shall 
 comply with the provisions of section 204C.12, before being 
 allowed to vote.  If a notice mailed at least 60 days after the 
 return of the first nonforwardable mailing is also returned by 
 the postal service, the county auditor shall change the 
 registrant's status to "inactive" in the statewide registration 
 system. 

    HIST: 1959 c 675 art 2 s 12; 1973 c 676 s 9; 1981 c 29 art 2 s 
 14; 1986 c 444; 1986 c 475 s 3; 1990 c 585 s 11; 1997 c 147 s 5; 
 1999 c 132 s 6 

     201.121 Entry of names; mailed notice. 

    Subdivision 1.    Entry of registration information.  
 Upon receiving a voter registration card properly completed and 
 submitted in accordance with sections 201.061 and 201.071, the 
 county auditor shall enter in the statewide registration system 
 the information contained on it.  Voter registration cards 
 completed before election day must be entered into the statewide 
 registration system within ten days after they have been 
 submitted to the county auditor. 

    Upon receiving a completed voter registration card or form, 
 the secretary of state may electronically transmit the 
 information on the card or form to the appropriate county 
 auditor as soon as possible for review by the county auditor 
 before final entry into the statewide registration system.  The 
 secretary of state may mail the registration card or form to the 
 county auditor.  

    Subd. 2.    Notice of registration; challenges.  The 
 county auditor shall mail a notice indicating the individual's 
 name, address, precinct and polling place to each registered 
 voter.  The notice shall indicate that it must be returned if it 
 is not deliverable to the voter at the named address.  Upon 
 return of the notice by the postal service, the county auditor 
 shall change the registrant's status to "challenged" in the 
 statewide registration system.  An individual challenged in 
 accordance with this subdivision shall comply with the 
 provisions of section 204C.12, before being allowed to vote.  

    Subd. 3.    Postelection sampling.  Within ten days 
 after an election, the county auditor shall send the notice 
 required by subdivision 2 to a random sampling of the 
 individuals registered on election day.  The random sampling 
 shall be determined in accordance with the rules of the 
 secretary of state.  As soon as practicable after the election, 
 the county auditor shall mail the notice required by subdivision 
 2 to all other individuals registered on election day.  If a 
 notice is returned as not deliverable, the county auditor shall 
 attempt to determine the reason for the return.  A county 
 auditor who does not receive or obtain satisfactory proof of an 
 individual's eligibility to vote shall immediately notify the 
 county attorney and the secretary of state. 

    HIST: 1973 c 676 s 10; 1978 c 714 s 3,30; 1981 c 29 art 2 s 
 15; 1986 c 444; 1987 c 361 s 7; 1990 c 585 s 12,13; 1997 c 147 s 
 6 

  201.13 Report of deceased voters; changes to voter 
  records. 

    Subdivision 1.    Commissioner of health, reports of 
 deceased residents.  The commissioner of health shall report 
 monthly to the secretary of state the name, address, date of 
 birth, and county of residence of each individual 18 years of 
 age or older who has died while maintaining residence in 
 Minnesota since the last previous report.  The secretary of 
 state shall determine if any of the persons listed in the report 
 are registered to vote and shall prepare a list of those 
 registrants for each county auditor.  Within 60 days after 
 receiving the list from the secretary of state, the county 
 auditor shall change the status of those registrants to 
 "deceased" in the statewide registration system. 

    Subd. 2.    Deceased nonresidents.  After receiving 
 notice of death of a voter who has died outside the county, the 
 county auditor shall change the voter's status to "deceased."  
 Notice must be in the form of a printed obituary or a written 
 statement signed by a registered voter of the county.  

    Subd. 3.    Use of change of address system.  The county 
 auditor may delete the records in the statewide registration 
 system of voters whose change of address can be confirmed by the 
 United States Postal Service.  The secretary of state may 
 provide the county auditors with periodic reports on voters 
 whose change of address can be confirmed by the United States 
 Postal Service. 

    Subd. 4.    Request for removal of voter record.  If a 
 voter makes a written request for removal of the voter's record, 
 the county auditor shall remove the record of the voter from the 
 statewide registration system. 

    HIST: 1959 c 675 art 2 s 13; 1973 c 676 s 11; 1981 c 29 art 2 
 s 16; 1987 c 361 s 8; 1989 c 7 s 1; 1991 c 227 s 7; 1993 c 101 s 
 1; 1993 c 223 s 4,5; 1994 c 465 art 3 s 63; 1997 c 147 s 7,8; 
 1999 c 132 s 7 

  201.14 Court administrator of district court, report 
  changes of names. 

    The court administrator of district court in each county 
 shall report monthly to the county auditor the name and address 
 of each individual, 18 years of age or over, who maintains 
 residence in that county and whose name was changed during the 
 month preceding the date of the report, by marriage, divorce or 
 any order or decree of the court.  Upon receipt of the report, 
 the county auditor shall notify by mail each registered voter 
 whose name was changed that it will be necessary to reregister 
 under the changed name in order to vote. 

    HIST: 1959 c 675 art 2 s 14; 1973 c 676 s 12; 1973 c 725 s 38; 
 1977 c 395 s 7; 1981 c 29 art 2 s 17; 1986 c 444; 1Sp1986 c 3 
 art 1 s 82 

  201.15 District judge, report guardianships and 
  commitments. 

    Subdivision 1.    Guardianships and incompetents.  The 
 state court administrator shall report monthly to the secretary 
 of state the name, address, and date of birth of each individual 
 18 years of age or over, who during the month preceding the date 
 of the report:  

    (a) was placed under a guardianship of the person in which 
 the court order provides that the ward does not retain the right 
 to vote; or 

    (b) was adjudged legally incompetent. 

    The court administrator shall also report the same 
 information for each individual transferred to the jurisdiction 
 of the court who meets a condition specified in clause (a) or 
 (b).  The secretary of state shall determine if any of the 
 persons in the report is registered to vote and shall prepare a 
 list of those registrants for the county auditor.  The county 
 auditor shall change the status on the record in the statewide 
 registration system of any individual named in the report to 
 indicate that the individual is not eligible to reregister or 
 vote. 

    Subd. 2.    Restoration to capacity.  The state court 
 administrator shall report monthly to the secretary of state the 
 name, address, and date of birth of each individual transferred 
 from guardianship to conservatorship or who is restored to 
 capacity by the court after being ineligible to vote for any of 
 the reasons specified in subdivision 1.  The secretary of state 
 shall determine if any of the persons in the report is 
 registered to vote and shall prepare a list of those registrants 
 for the county auditor.  The county auditor shall change the 
 status on the voter's record in the statewide registration 
 system to "active."  

    HIST: 1959 c 675 art 2 s 15; 1961 c 697 s 1; 1967 c 839 s 2; 
 1973 c 676 s 13; 1973 c 725 s 39; 1978 c 714 s 4; 1979 c 43 s 1; 
 1981 c 29 art 2 s 18; 1986 c 475 s 4; 1987 c 361 s 9; 1993 c 223 
 s 6; 1Sp1994 c 1 art 2 s 20; 1995 c 186 s 50; 1995 c 189 s 8; 
 1996 c 277 s 1; 1997 c 147 s 9; 1998 c 376 s 1; 2003 c 12 art 2 
 s 3 

     201.155 Report on felony convictions. 

    The state court administrator shall report monthly to the 
 secretary of state the name, address, date of birth, date of 
 sentence, effective date of the sentence, and county in which 
 the conviction occurred of each person who has been convicted of 
 a felony.  The state court administrator shall also report the 
 name, address, and date of birth of each person previously 
 convicted of a felony whose civil rights have been restored.  
 The secretary of state shall determine if any of the persons in 
 the report is registered to vote and shall prepare a list of 
 those registrants for each county auditor.  The county auditor 
 shall change the status of those registrants in the appropriate 
 manner in the statewide registration system. 

    HIST: 1997 c 147 s 10 

  201.16 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.16 MS 1971 Repealed, 1973 c 676 s 33 

     201.161 Driver's license and identification card 
  applications. 

    The Department of Public Safety shall change its 
 applications for an original, duplicate, or change of address 
 driver's license or identification card so that the forms may 
 also serve as voter registration cards.  The forms must contain 
 spaces for the information required in section 201.071, 
 subdivision 1, and applicable rules of the secretary of state.  
 Applicants for driver's licenses or identification cards must be 
 asked if they want to register to vote at the same time.  A copy 
 of each application containing a completed voter registration 
 must be sent to the county auditor of the county in which the 
 voter maintains residence or to the secretary of state as soon 
 as possible.  The computerized driver's license record 
 information relating to name, address, date of birth, driver's 
 license number, county, town, and city must be made available 
 for access by the secretary of state and interaction with the 
 statewide voter registration system.  

    HIST: 1977 c 395 s 8; 1981 c 29 art 2 s 19; 1987 c 361 s 10 

     201.1611 Postsecondary institution voter registration. 

    Subdivision 1.    Forms.  All postsecondary 
 institutions that enroll students accepting state or federal 
 financial aid shall provide voter registration forms to each 
 student as early as possible in the fall quarter.  The forms 
 must contain spaces for the information required in section 
 201.071, subdivision 1, and applicable rules of the secretary of 
 state.  The institutions may request these forms from the 
 secretary of state.  Institutions shall consult with their 
 campus student government in determining the most effective 
 means of distributing the forms and in seeking to facilitate 
 election day registration of students under section 201.061, 
 subdivision 3. 

    Subd. 2.    Student voter registration.  A copy of each 
 completed voter registration form must be sent to the county 
 auditor of the county in which the voter maintains residence or 
 to the secretary of state as soon as possible.  All completed 
 voter registration forms must be forwarded no later than 21 days 
 before the general election. 

    HIST: 1991 c 227 s 8; 1996 c 398 s 57 

     201.162 Duties of state agencies. 

    The commissioner or chief administrative officer of each 
 state agency or community-based public agency or nonprofit 
 corporation that contracts with the state agency to carry out 
 obligations of the state agency shall provide voter registration 
 services for employees and the public.  A person may complete a 
 voter registration application or apply to change a voter 
 registration name or address if the person has the proper 
 qualifications on the date of application.  Nonpartisan voter 
 registration assistance, including routinely asking members of 
 the public served by the agency whether they would like to 
 register to vote and, if necessary, assisting them in preparing 
 the registration forms must be part of the job of appropriate 
 agency employees. 

    HIST: 1987 c 361 s 11 

  201.17 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.17 MS 1971 Repealed, 1973 c 676 s 33 

     201.171 Posting voting history; failure to vote; 
  registration removed. 

    Within six weeks after every election, the county auditor 
 shall post the voting history for every person who voted in the 
 election.  After the close of the calendar year, the secretary 
 of state shall determine if any registrants have not voted 
 during the preceding four years and shall change the status of 
 those registrants to "inactive" in the statewide registration 
 system.  The secretary of state shall also prepare a report to 
 the county auditor containing the names of all registrants whose 
 status was changed to "inactive." 

    Although not counted in an election, a late absentee ballot 
 must be considered a vote for the purpose of continuing 
 registration.  

    HIST: 1973 c 676 s 14; 1981 c 29 art 2 s 20; 1987 c 361 s 12; 
 1990 c 585 s 14; 1997 c 147 s 11 

  201.18 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.18 MS 1980 Repealed, 1981 c 217 s 11 

  201.19 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.19 MS 1971 Repealed, 1973 c 676 s 33 

  201.191 Repealed, 1959 c 675 art 13 s 1 

     201.195 Challenges. 

    Subdivision 1.    Petition; hearing.  Upon petition 
 filed with the county auditor, any voter registered within a 
 county may challenge the eligibility or residence of any other 
 voter registered within that county.  The petition shall state 
 the grounds for challenge and be accompanied by an affidavit 
 stating that the challenge is based on the challenger's personal 
 knowledge.  Within five days after receipt of the petition, the 
 county auditor shall set a date for a hearing on the challenge 
 and notify the challenger by mail.  A copy of the petition and 
 notice of the hearing shall be served on the challenged voter by 
 the county auditor in the same manner as in a civil action.  The 
 hearing shall be held before the county auditor or the auditor's 
 designee who shall then make findings and affirm or dismiss the 
 challenge. 

    Subd. 2.    Appeal.  If a challenge is affirmed, the 
 voter whose registration has been challenged may appeal the 
 ruling to the secretary of state.  The appeal shall be heard 
 within five days but in any case before election day.  Upon 
 hearing the appeal the secretary of state shall affirm or 
 reverse the ruling and shall give appropriate instructions to 
 the county auditor.  

    Subd. 3.    Hearing procedures.  A hearing before the 
 secretary of state shall be conducted as a contested case and 
 determined in accordance with chapter 14.  

    HIST: 1981 c 29 art 2 s 22; 1982 c 424 s 130; 1986 c 444 

  201.20 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.20 MS 1971 Repealed, 1973 c 676 s 33 

  201.21 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.21 MS 1971 Repealed, 1973 c 676 s 33 

     201.211 Costs. 

    The office required to perform the functions and duties of 
 this chapter shall bear the costs incurred.  If these functions 
 and duties are delegated to another office, that office shall 
 bear the costs.  The secretary of state shall pay the costs of 
 operating and maintaining the statewide registration system.  
 The secretary of state shall also pay the costs of preparing 
 polling place rosters and master lists from the money 
 appropriated for this purpose. 

    HIST: 1973 c 676 s 16; 1981 c 29 art 2 s 23; 1990 c 585 s 15 

  201.22 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.22 MS 1971 Repealed, 1973 c 676 s 33 

     201.221 Rules. 

    Subdivision 1.    Adoption of rules.  To implement the 
 provisions of this chapter, the secretary of state shall adopt 
 rules consistent with federal and state election laws.  

    Subd. 2.    Uniform procedures for counties.  The 
 secretary of state shall assist local election officers by 
 devising uniform forms and procedures.  The secretary of state 
 shall provide uniform rules for maintaining voter registration 
 records on the statewide registration system.  The secretary of 
 state shall supervise the development and use of the statewide 
 registration system to insure that it conforms to applicable 
 laws and rules.  

    Subd. 3.    Procedures for polling place rosters.  The 
 secretary of state shall prescribe the form of polling place 
 rosters that include the voter's name, address, date of birth, 
 school district number, and space for the voter's signature.  
 The polling place roster must be used to indicate whether the 
 voter has voted in a given election.  The secretary of state 
 shall prescribe procedures for transporting the polling place 
 rosters to the election judges for use on election day.  The 
 secretary of state shall prescribe the form for a county or 
 municipality to request the date of birth from currently 
 registered voters.  The county or municipality shall not request 
 the date of birth from currently registered voters by any 
 communication other than the prescribed form and the form must 
 clearly indicate that a currently registered voter does not lose 
 registration status by failing to provide the date of birth.  In 
 accordance with section 204B.40, the county auditor shall retain 
 the prescribed polling place rosters used on the date of 
 election for one year following the election.  

    Subd. 4.    County rules.  The county auditor of each 
 county may adopt rules that delegate to the secretary of state 
 or municipal officials in that county the duties assigned to 
 county auditors by this chapter.  Delegation of duties to the 
 secretary of state requires the approval of the secretary of 
 state.  Delegation to a municipal official requires the approval 
 of the governing body of the municipality.  Delegation by the 
 county auditor of the duty to accept registrations does not 
 relieve the county auditor of the duty to accept registrations.  
 Each delegation agreement must include a plan to allocate the 
 costs of the duties to be delegated.  

    HIST: 1973 c 676 s 17; 1978 c 714 s 30; 1981 c 29 art 2 s 24; 
 1981 c 92 s 2; 1986 c 444; 1987 c 266 art 1 s 10; 1987 c 361 s 
 13,14; 1990 c 585 s 16 

  201.23 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.23 MS 1971 Repealed, 1973 c 676 s 33 

  201.231 Repealed, 1981 c 29 art 7 s 39 

  201.24 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.24 MS 1971 Repealed, 1973 c 676 s 33 

  201.25 MS 1957 Renumbered 201.28 

  201.25 MS 1971 Repealed, 1973 c 676 s 33 

  201.26 MS 1957 Renumbered 201.29 

  201.26 MS 1980 Repealed, 1981 c 29 art 7 s 39 

  201.261 Repealed, 1973 c 676 s 33 

  201.27 Violations, penalty. 

    Subdivision 1.    Intentional violation.  No officer, 
 deputy, clerk, or other employee shall intentionally:  

    (1) fail to perform or enforce any of the provisions of 
 this chapter except subdivision 2; 

    (2) remove a registration card or record from its proper 
 place in the registration files in a manner or for a purpose not 
 authorized by law; 

    (3) destroy or make an unauthorized change to a record 
 required to be kept by this chapter; or 

    (4) add a name or names to the voter registration files, 
 records, or cards, except as authorized by law.  

    An individual who violates this subdivision is guilty of a 
 felony.  

    Subd. 2.    Knowledge of violation.  A deputy, clerk, 
 employee, or other subordinate of a county auditor or municipal 
 or school district clerk who has knowledge or reason to believe 
 that a violation of this chapter has occurred shall immediately 
 transmit a report of the knowledge or belief to the county 
 auditor or municipal or school district clerk, together with any 
 possessed evidence of the violation.  Any county auditor or 
 municipal or school district clerk who has knowledge or reason 
 to believe that a violation of this chapter has occurred shall 
 immediately transmit a report of the knowledge or belief to the 
 county attorney of the county where the violation is thought to 
 have occurred, together with any possessed evidence of the 
 violation.  The county auditor or municipal or school district 
 clerk shall also immediately send a copy of the report to the 
 secretary of state.  A violation of this subdivision is a 
 misdemeanor. 

    Subd. 3.    General penalty.  An individual who 
 intentionally violates any provision of this chapter is guilty 
 of a felony, unless a different penalty is specifically provided 
 by law.  

    HIST: 1959 c 675 art 2 s 27; 1973 c 676 s 20; 1978 c 714 s 
 5,30; 1981 c 29 art 2 s 25; 1986 c 444; 1987 c 266 art 1 s 11; 
 1990 c 585 s 17 

     201.275 Investigations; prosecutions. 

    A county attorney who is notified of an alleged violation 
 of this chapter shall promptly investigate.  If there is 
 probable cause for instituting a prosecution, the county 
 attorney shall proceed by complaint or present the charge, with 
 whatever evidence has been found, to the grand jury.  A county 
 attorney who refuses or intentionally fails to faithfully 
 perform this or any other duty imposed by this chapter is guilty 
 of a misdemeanor and upon conviction shall forfeit office.  The 
 county attorney, under the penalty of forfeiture of office, 
 shall prosecute all violations of this chapter except violations 
 of this section; if, however, a complainant withdraws an 
 allegation under this chapter, the county attorney is not 
 required to proceed with the prosecution. 

    HIST: 1978 c 714 s 6; 1981 c 29 art 2 s 26; 1986 c 444; 1988 c 
 578 art 1 s 2 

  201.28 MS 1957 Renumbered 201.31 

  201.28 MS 1971 Repealed, 1973 c 676 s 33 

  201.29 MS 1957 Renumbered 201.32 

  201.29 MS 1971 Repealed, 1973 c 676 s 33 

  201.30 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.30 MS 1971 Repealed, 1973 c 676 s 33 

  201.31 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.31 MS 1971 Repealed, 1973 c 676 s 33 

  201.32 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.32 MS 1971 Repealed, 1973 c 676 s 33 

  201.33 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.33 MS 1980 Repealed, 1981 c 29 art 7 s 39 

  201.34 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  201.34 MS 1974 Repealed, 1975 c 204 s 106