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HF 1223

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to elections; requiring certain postsecondary institutions to submit
student residential housing lists; adding certain forms of identification as eligible
proof of residence; eliminating employee-list submission by residential facility
operators; requiring challengers to prove residence in Minnesota; amending
Minnesota Statutes 2006, sections 135A.17, subdivision 2; 201.061, subdivision
3; 204C.07, subdivision 3a; 204C.12, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 135A.17, subdivision 2, is amended to
read:


Subd. 2.

Residential housing list.

All new text begin public new text end postsecondary institutions deleted text begin that
enroll students accepting state or federal financial aid may
deleted text end new text begin in the state, and all private
postsecondary institutions regulated by chapter 136A or 141, must
new text end prepare a current list of
students enrolled in the institution and residing in the institution's housing or within deleted text begin ten
miles of the institution's campus.
deleted text end new text begin the county or city where one or more of the institution's
campuses are located. Institutions that do not consider student addresses to be public
information under applicable federal and state privacy laws must make release forms
available to all students authorizing the institution to provide the addresses to the secretary
of state.
new text end The list deleted text begin shall include each student's current address.deleted text end new text begin must be based on the most
recent residence address in this state that the student has provided to the institution. A
student may submit a written request to the institution to withhold the student's name and
address from the list no later than 45 days before the next state or city general election
in the jurisdiction where the campus is located.
new text end The list shall be certified and sent to the
deleted text begin appropriate county auditor or auditorsdeleted text end new text begin secretary of state new text end for use in election day registration
as provided under section 201.061, subdivision 3.new text begin The electronic format must be mutually
agreed to by Minnesota State Colleges and Universities, the University of Minnesota,
the Private College Association, and the secretary of state. At least 14 days before the
election, the secretary of state shall provide the appropriate county auditor with a single
list for each precinct that includes the names of all students provided by the postsecondary
institutions for that election. The format of the list provided to county auditors must be
mutually agreed upon by the Association of Minnesota Counties and the secretary of state.
new text end

Sec. 2.

Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:


Subd. 3.

Election day registration.

(a) new text begin The definitions in this paragraph apply
to this subdivision:
new text end

new text begin (1) "current" means dated within 30 days before the election day or due within 30
days before or after the election;
new text end

new text begin (2) "photo identification" means identification that displays the name and photo
of an individual and that was issued by:
new text end

new text begin (i) another state for use as a driver's license or identification card; or
new text end

new text begin (ii) a college, university, or other postsecondary educational institution or high
school as a student identification card;
new text end

new text begin (3) "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;
new text end

new text begin (4) "Social Security statement" means a check statement, check stub, or electronic
deposit receipt issued by the Social Security Administration; and
new text end

new text begin (5) "utility bill" means a written or electronic bill for gas, electricity, telephone,
wireless telephone, cable television, satellite television, solid waste, water, sewer services,
or an itemized lease.
new text end

new text begin (b) new text end 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;

new text begin (2) presenting a photo identification along with a current utility bill, Social Security
statement, or other governmental document that shows the individual's name and valid
residential address in the precinct;
new text end

deleted text begin (2)deleted text end new text begin (3)new text end presenting any document approved by the secretary of state as proper
identification;

deleted text begin (3)deleted text end new text begin (4)new text end 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

deleted text begin (4)deleted text end new text begin (5)new text end new text begin (i)new text end 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.

new text begin (ii) new text end 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.

deleted text begin (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.
deleted text end

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

new text begin (c) An employee of a residential facility must prove employment with that
facility by presenting a current identification card issued by the facility or other official
documentation verifying the employee's current status with the facility on election day to
be eligible to vouch for individuals residing in that facility.
new text end

(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.

Sec. 3.

Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:


Subd. 3a.

Residence requirement.

A challenger must be a resident of this state.new text begin
Appointed challengers seeking admission to a polling place to serve in that capacity must
prove their status as a resident of this state by presenting one of the documents listed in
section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not
prove residence in the precinct in which they seek to act as a challenger.
new text end

Sec. 4.

Minnesota Statutes 2006, section 204C.12, subdivision 2, is amended to read:


Subd. 2.

Statement of grounds; oath.

A challenger must be a resident of this state.
The secretary of state shall prepare a form that challengers must complete and sign when
making a challenge. The form must include space to state the ground for the challenge,
a statement that the challenge is based on the challenger's personal knowledge, and a
statement that the challenge is made under oathnew text begin , swearing that the challenger understands
and will abide by the laws and rules governing challenges to voters as described in this
section, and challengers, as described in this section and in section 204C.07
new text end . The form
must include a space for the challenger's printed name, signature, telephone number,
and address.

An election judge shall administer to the challenged individual the following oath:

"Do you solemnly swear that you will fully and truly answer all questions put to
you concerning your eligibility to vote at this election?"

The election judge shall then ask the challenged individual sufficient questions to
test that individual's residence and right to vote.