Minnesota Legislature
SF 211
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to elections; authorizing early voting; making it easier to vote by absentee
ballot; amending Minnesota Statutes 2006, sections 201.022, subdivision 1;
203B.02, subdivision 1; 203B.04, subdivision 1; 203B.085; proposing coding
for new law in Minnesota Statutes, chapter 203B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 201.022, subdivision 1, is amended to read:
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. The system must also:
(1) provide for voters to submit their voter registration applications to any county
auditor, the secretary of state, or the Department of Public Safety;
(2) provide for the definition, establishment, and maintenance of a central database
for all voter registration information;
(3) provide for entering data into the statewide registration system;
(4) provide for electronic transfer of completed voter registration applications from
the Department of Public Safety to the secretary of state or the county auditor;
(5) assign a unique identifier to each legally registered voter in the state;
(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
state identification number, and last four digits of the Social Security number for each
voter record;
(7) coordinate with other agency databases within the state;
(8) allow county auditors and the secretary of state to add or modify information in
the system to provide for accurate and up-to-date records;
(9) allow county auditors, municipal and school district clerks, and the secretary
of state to have electronic access to the statewide registration system for review and
search capabilities;
(10) provide security and protection of all information in the statewide registration
system and ensure that unauthorized access is not allowed;
(11) provide access to municipal clerks to use the system;
(12) provide a system for each county to identify the precinct to which a voter
should be assigned for voting purposes;
(13) provide daily reports accessible by county auditors on the driver's license
numbers, state identification numbers, or last four digits of the Social Security numbers
submitted on voter registration applications that have been verified as accurate by the
secretary of state; deleted text begin and
deleted text end
(14) provide reports on the number of absentee ballots transmitted to and returned
and cast by voters under section 203B.16new text begin ; and
new text end
new text begin (15) provide rosters, master lists, and other reports necessary for early votingnew text end .
The appropriate state or local official shall provide security measures to prevent
unauthorized access to the computerized list established under section 201.021.
Sec. 2.
Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Unable to go to polling placedeleted text end new text begin Eligibility for absentee votingnew text end .
(a)
Any eligible voter deleted text begin who reasonably expects to be unable to go to the polling place on
election day in the precinct where the individual maintains residence because of absence
from the precinct; illness, including isolation or quarantine under sections 144.419
to 144.4196 or United States Code, title 42, sections 264 to 272; disability; religious
discipline; observance of a religious holiday; or service as an election judge in another
precinctdeleted text end may vote by absentee ballot as provided in sections 203B.04 to 203B.15.
(b) If the governor has declared an emergency and filed the declaration with the
secretary of state under section 12.31, and the declaration states that the emergency has
made it difficult for voters to go to the polling place on election day, any voter in a
precinct covered by the declaration may vote by absentee ballot as provided in sections
203B.04 to 203B.15.
Sec. 3.
Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
Subdivision 1.
Application procedures.
Except as otherwise allowed by
subdivision 2, an application for absentee ballots for any election may be submitted at
any time not less than one day before the day of that election. The county auditor shall
prepare absentee ballot application forms in the format provided by the secretary of state,
notwithstanding rules on absentee ballot forms, and shall furnish them to any person on
request. By January 1 of each even-numbered year, the secretary of state shall make the
forms to be used available to auditors through electronic means. An application submitted
pursuant to this subdivision shall be in writing and shall be submitted to:
deleted text begin (a)deleted text end new text begin (1) new text end the county auditor of the county where the applicant maintains residence; or
deleted text begin (b)deleted text end new text begin (2) new text end the municipal clerk of the municipality, or school district if applicable, where
the applicant maintains residence.
An application shall be approved if it is timely received, signed and dated by the
applicant, contains the applicant's name and residence and mailing addresses, and states
that the applicant is eligible to vote by absentee ballot deleted text begin for one of the reasons specified in
section 203B.02deleted text end . The application may contain a request for the voter's date of birth, which
must not be made available for public inspection. An application may be submitted to
the county auditor or municipal clerk by an electronic facsimile device. An application
mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
by a person other than the voter must be deposited in the mail or returned in person to
the county auditor or municipal clerk within ten days after it has been dated by the voter
and no later than six days before the election. The absentee ballot applications or a list of
persons applying for an absentee ballot may not be made available for public inspection
until the close of voting on election day.
An application under this subdivision may contain an application under subdivision
5 to automatically receive an absentee ballot application.
Sec. 4.
Minnesota Statutes 2006, section 203B.085, is amended to read:
203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO
REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.
The county auditor's office in each county and the clerk's office in each city or
town authorized under section 203B.05 to administer absentee balloting must be open for
acceptance of absentee ballot applications and casting of absentee ballots from 10:00 a.m.
to 3:00 p.m. on Saturday and until deleted text begin 5:00 p.m.deleted text end new text begin 12:00 noon new text end on the day immediately preceding
a primary, special, or general election unless that day falls on a Saturday or Sunday. Town
clerks' offices must be open for absentee voting from 10:00 a.m. to 12:00 noon on the
Saturday before a town general election held in March. The school district clerk, when
performing the county auditor's election duties, need not comply with this section.
Sec. 5.
new text begin
[203B.30] EARLY VOTING.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization; polling place designation. new text end
new text begin
An eligible voter may
cast a ballot at the county auditor's office or at any other polling place designated for early
voting by the county auditor during the eight days before a regularly scheduled primary or
election. Early voting on the Saturday and Monday before the election must occur during
the same hours provided for absentee voting. The county auditor shall designate the
polling places for early voting no later than 90 days before the election and publish a notice
of the early voting polling place locations one week before the first day for early voting.
new text end
new text begin Subd. 2. new text end
new text begin Voting procedure. new text end
new text begin
A voter shall sign an early voting roster that must
include the certification provided in section 204C.10. An individual who is not registered
to vote must register in the manner provided in section 201.061, subdivision 3. After the
roster has been signed, the appropriate ballot for the voter's precinct, initialed by two
election judges, must be provided to the voter. The ballot must be marked by the voter
and deposited in either a precinct voting system or in a sealed ballot box. A voter may
not leave the polling place with the ballot.
new text end
new text begin Subd. 3. new text end
new text begin Record of voting. new text end
new text begin
The county auditor shall provide the municipal clerks
with the names of individuals who have signed the early voting roster. The polling place
rosters must be marked no later than 7:00 a.m. on election day to indicate the voters who
have cast a ballot by early voting. The rosters may be marked either by the municipal
clerk before election day or by the election judges on election day. A voter who has cast a
ballot by early voting must not be permitted to vote at the polling place on election day.
An absentee ballot received from a voter who has cast a ballot by early voting must be
rejected by the election judges.
new text end
new text begin Subd. 4. new text end
new text begin Counting and compiling votes. new text end
new text begin
Before election day, the county auditor
shall remove the early-voted ballots from the ballot box or precinct voting system, sort the
ballots by precinct, and enclose them in a sealed envelope or container. If the ballots have
not been counted, they must be delivered either to the election judges at the appropriate
polling place or to the counting center before the close of voting on election day. Ballots
that have been counted must be securely stored by the county auditor with the balance of
the ballots from each respective precinct and the vote totals from these ballots must be
added to the results from the polling place.
new text end
new text begin
Vote totals from early voting may not be made public until the close of voting on
election day.
new text end
new text begin Subd. 5. new text end
new text begin Special elections. new text end
new text begin
Early voting for a special election must begin no earlier
than four days before the election.
new text end