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SF 208

2nd Engrossment - 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; providing for delivery of absentee ballots to an agent of
certain persons and return of ballots by the agent; amending Minnesota Statutes
2006, sections 203B.06, subdivision 3; 203B.11, subdivision 4.

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

Section 1.

Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read:


Subd. 3.

Delivery of ballots.

(a) If an application for absentee ballots is accepted
at a time when absentee ballots are not yet available for distribution, the county auditor,
or municipal clerk accepting the application shall file it and as soon as absentee ballots
are available for distribution shall mail them to the address specified in the application.
If an application for absentee ballots is accepted when absentee ballots are available for
distribution, the county auditor or municipal clerk accepting the application shall promptly:

(1) mail the ballots to the voter whose signature appears on the application if the
application is submitted by mail and does not request commercial shipping under clause
(2);

(2) ship the ballots to the voter using a commercial shipper requested by the voter at
the voter's expense;

(3) deliver the absentee ballots directly to the voter if the application is submitted in
person; or

(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
been designated to bring the ballotsnew text begin , as provided in section 203B.11, subdivision 4,new text end to a
voter new text begin who would have difficulty getting to the polls because of incapacitating health
reasons, or who is disabled, or
new text end who is a patient in a health care facility, deleted text begin as provided in
section 203B.11, subdivision 4,
deleted text end new text begin a resident of a facility providing assisted living services
governed by chapter 144G,
new text end a participant in a residential program for adults licensed under
section 245A.02, subdivision 14, or a resident of a shelter for battered women as defined
in section 611A.37, subdivision 4.

(b) If an application does not indicate the election for which absentee ballots are
sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
the next election occurring after receipt of the application. Only one set of ballots may
be mailed, shipped, or delivered to an applicant for any election, except as provided in
section 203B.13, subdivision 2, or when a replacement ballot has been requested by the
voter for a ballot that has been spoiled or lost in transit.

Sec. 2.

Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read:


Subd. 4.

Agent delivery of ballots.

During the deleted text begin fourdeleted text end new text begin sevennew text end days preceding an
election and until 2:00 p.m. on election day, an eligible voter new text begin who would have difficulty
getting to the polls because of incapacitating health reasons, or who is disabled, or
new text end who is
a patient of a health care facility, new text begin a resident of a facility providing assisted living services
governed by chapter 144G,
new text end a participant in a residential program for adults licensed under
section 245A.02, subdivision 14, or a resident of a shelter for battered women as defined in
section 611A.37, subdivision 4, may designate an agent to deliver the ballots to the voter
from the county auditor or municipal clerk. new text begin An agent must have a preexisting relationship
with the voter.
new text end A candidate at the election may not be designated as an agent. The voted
ballots must be returned to the county auditor or municipal clerk no later than 3:00 p.m.
on election day. The voter must complete an affidavit requesting the auditor or clerk to
provide the agent with the ballots in a sealed transmittal envelope. The affidavit must
include a statement from the voter stating that the ballots were delivered to the voter by
the agent in the sealed transmittal envelope. An agent may deliver ballots to no more than
three persons in any election. The secretary of state shall provide samples of the affidavit
and transmission envelope for use by the county auditors.

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective for elections held after June 1, 2008.
new text end