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HF 1443

1st Engrossment - 84th Legislature (2005 - 2006) 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 proof of citizenship as part of registration;
requiring voters to provide picture identification; providing for the issuance of
certain identification cards at no charge; amending Minnesota Statutes 2004,
sections 201.061, subdivisions 1, 3; 204C.10; proposing coding for new law
in Minnesota Statutes, chapter 204C.

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

Section 1.

Minnesota Statutes 2004, section 201.061, subdivision 1, is amended to read:


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 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. new text begin The voter registration application must
be accompanied by proof of United States citizenship in the form of a passport, birth
certificate, or naturalization document, if registering in person, or a state-certified copy
of one of those documents, if registering by mail.
new text end 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.

Sec. 2.

Minnesota Statutes 2004, section 201.061, subdivision 3, is amended to read:


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 application,
new text begin providing proof of United States citizenship in the form of a passport, birth certificate, or
naturalization document,
new text end 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 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.

For tribal band members living on an Indian reservation, an individual may prove
residence for purposes of registering by 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, 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 application.

Sec. 3.

Minnesota Statutes 2004, section 204C.10, is amended to read:


204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.

(a) An individual seeking to vote shall sign a polling place roster which states that
the individual is at least 18 years of age, a citizen of the United States, has resided in
Minnesota for 20 days immediately preceding the election, maintains residence at the
address shown, is not under a guardianship in which the individual has not retained the
right to vote, has not been found by a court of law to be legally incompetent to vote or
convicted of a felony without having civil rights restored, is registered and has not already
voted in the election. The roster must also state: "I understand that deliberately providing
false information is a felony punishable by not more than five years imprisonment and a
fine of not more than $10,000, or both."

(b) deleted text begin A judge may,deleted text end Before the applicant signs the roster, new text begin a judge:
new text end

new text begin (1) may new text end confirm the applicant's name, address, and date of birthnew text begin ; and
new text end

new text begin (2) shall require the voter to provide a picture identification card or documentnew text end .

(c) After the applicant signs the roster, the judge shall give the applicant a voter's
receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
voters' receipts must be maintained during the time for notice of filing an election contest.

Sec. 4.

new text begin [204C.105] NO CHARGE FOR CERTAIN IDENTIFICATION.
new text end

new text begin The Department of Public Safety must provide at no charge a Minnesota
identification card or Under-21 identification card as described in section 171.07,
subdivision 3, to anyone eligible to vote who certifies a household income below the
federal poverty level. If the individual applies for a driver's license and is eligible to vote,
the department shall charge the fee designated in section 171.06, subdivision 2, for the
appropriate class of driver's license, less the fee of $15.50 that would otherwise have been
charged for the identification card but for this section.
new text end