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Chapter 201

Section 201.061

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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 regularly scheduled 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 voter registration application as described in section
201.071, subdivision 1, 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 application 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 applications from a voter must submit the completed
applications to the secretary of state or the appropriate county auditor within ten days after the
applications are dated by the voter.
For purposes of this section, mail registration is defined as a voter registration application
delivered to the secretary of state, county auditor, or municipal clerk by the United States Postal
Service or a commercial carrier.
    Subd. 1a. Incomplete registration by mail. If the county auditor determines that a voter
who has submitted a voter registration application by mail has not previously voted in this state
for a federal office and has also not presented a document authorized for election day registration
in section 201.061, subdivision 3, to the auditor, and the county auditor is unable to verify the
voter's driver's license, state identification, or last four digits of the voter's Social Security
number as provided by the voter on the voter registration application, then the county auditor
must notify the voter that the registration is incomplete and to complete registration by using one
of the following methods:
(1) presenting to the auditor more than 20 days before the election a document authorized
for election day registration in section 201.061, subdivision 3;
(2) registering in person before or on election day;
(3) if voting by absentee ballot or by mail, following election day registration procedures for
absentee voters as described in section 203B.04, subdivision 4; or
(4) providing proof of residence by any of the methods authorized for election day
registration in section 201.061, subdivision 3.
    Subd. 2.[Repealed, 1990 c 585 s 34]
    Subd. 3. Election day registration. (a) 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 application, 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) presenting a driver's license or Minnesota identification card issued pursuant to section
171.07;
(2) presenting any document approved by the secretary of state as proper identification;
(3) presenting 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; or
(4) having a voter who is registered to vote in the precinct, or who is an employee employed
by and working in a residential facility in the precinct and vouching for a resident in the facility,
sign an oath in the presence of the election judge vouching that the voter or employee 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. A voter who is registered to vote in the precinct may sign up to 15 proof-of-residence
oaths on any election day. This limitation does not apply to an employee of a residential facility
described in this clause. The secretary of state shall provide a form for election judges to use in
recording the number of individuals for whom a voter signs proof-of-residence oaths on election
day. The form must include space for the maximum number of individuals for whom a voter
may sign proof-of-residence oaths. For each proof-of-residence oath, the form must include a
statement that the voter is registered to vote in the precinct, personally knows that the individual
is a resident of the precinct, and is making the statement on oath. The form must include a space
for the voter's printed name, signature, telephone number, and address.
The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be attached
to the voter registration application and the information on the oath must be recorded on the
records of both the voter registering on election day and the voter who is vouching for the person's
residence, and entered into the statewide voter registration system by the county auditor when
the voter registration application is entered into that system.
(b) The operator of a residential facility shall prepare a list of the names of its employees
currently working in the residential facility and the address of the residential facility. The operator
shall certify the list and provide it to the appropriate county auditor no less than 20 days before
each election for use in election day registration.
(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1
; a supervised living facility licensed by the commissioner of health under section
144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 5; a residence
registered with the commissioner of health as a housing with services establishment as defined
in section 144D.01, subdivision 4; a veterans home operated by the board of directors of the
Minnesota Veterans Homes under chapter 198; a residence licensed by the commissioner of
human services to provide a residential program as defined in section 245A.02, subdivision 14; a
residential facility for persons with a developmental disability licensed by the commissioner of
human services under section 252.28; group residential housing as defined in section 256I.03,
subdivision 3
; a shelter for battered women as defined in section 611A.37, subdivision 4; or a
supervised publicly or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.
(d) For tribal band members, an individual may prove residence for purposes of registering
by:
(1) presenting 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,
address, signature, and picture of the individual; or
(2) presenting 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, signature, and picture of the individual and also presenting one of the documents listed in
Minnesota Rules, part 8200.5100, subpart 2, item B.
(e) A county, school district, or municipality may require that an election judge responsible
for election day registration initial each completed registration application.
    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.
History: 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; 2004 c 293 art 1 s 3-5; 2005 c 98 art 1 s 24; 2005 c 156 art 6 s 15; 2006 c 242 s 13,14

Official Publication of the State of Minnesota
Revisor of Statutes