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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.
History: 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

Official Publication of the State of Minnesota
Revisor of Statutes