A bill for an act
relating to elections; making technical and policy changes to provisions related to
elections administration including provisions related to voting, voter registration,
polling places, ballots, recounts, contests, candidates, absentee voting, mail
balloting, canvassing, the presidential nomination primary, and various other
election-related provisions; extending availability of certain appropriations;
amending Minnesota Statutes 2020, sections 5B.06; 201.061, subdivision 3;
201.071, subdivisions 1, 2, 3, 8; 201.091, subdivision 2; 201.12, subdivision 2;
201.121, subdivision 3; 201.13, subdivision 3; 201.1611, subdivision 1; 201.225,
subdivision 2; 202A.16, subdivision 1; 203B.01, subdivision 3, by adding a
subdivision; 203B.02, by adding a subdivision; 203B.04, subdivision 1; 203B.081,
subdivisions 1, 2, 3; 203B.11, subdivision 1; 203B.12, subdivision 7; 203B.121,
subdivisions 2, 3, 4; 203B.16, subdivision 2; 203B.24, subdivision 1; 204B.06,
subdivision 4a; 204B.09, subdivisions 1, 3; 204B.13, by adding a subdivision;
204B.16, subdivision 1; 204B.19, subdivision 6; 204B.21, subdivision 2; 204B.36,
subdivision 2; 204B.45, subdivisions 1, 2; 204B.46; 204C.05, subdivisions 1a, 1b;
204C.15, subdivision 1; 204C.21, subdivision 1; 204C.27; 204C.33, subdivision
3; 204C.35, subdivision 3, by adding a subdivision; 204C.36, subdivision 1;
204D.08, subdivision 4; 204D.13, subdivision 1; 204D.19, subdivision 2; 204D.195;
204D.22, subdivision 3; 204D.23, subdivision 2; 204D.27, subdivision 5; 204D.28,
subdivisions 9, 10; 205.13, subdivision 5; 205A.10, subdivision 5; 205A.12,
subdivision 5; 206.805, subdivision 1; 206.89, subdivisions 4, 5; 206.90, subdivision
6; 207A.12; 207A.13; 207A.14, subdivision 3; 209.021, subdivision 2; 211B.11,
subdivision 1; 367.03, subdivision 6; 367.25, subdivision 1; 412.02, subdivision
2a; 447.32, subdivision 4; Laws 2019, First Special Session chapter 10, article 1,
section 40; Laws 2020, chapter 77, section 3, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 5B.06, is amended to read:
A program participant who is otherwise eligible to vote may register with the secretary
of state as a permanent absentee voter. Notwithstanding section 203B.04, subdivision 5,
the secretary of state is not required to send an absentee ballot application prior to each
election to a program participant registered as a permanent absentee voter under this section.
As soon as practicable before each election, the secretary of state shall determine the precinct
in which the residential address of deleted text beginthedeleted text endnew text begin anew text end program participant is located deleted text beginanddeleted text endnew text begin. Upon making
a precinct determination, the secretary of statenew text end shallnew text begin either (1)new text end request from and receive from
the county auditor or other election official the ballot for that precinct and deleted text beginshall forwarddeleted text endnew text begin
mailnew text end the absentee ballot to the program participant deleted text beginwith the otherdeleted text endnew text begin, or (2) using the Minnesota
statewide voter registration system, prepare the program participant's ballot for that precinct
and mail the absentee ballot to the program participant. The secretary of state shall include
with each mailed absentee ballot all correspondingnew text end materials for absentee balloting as
required by Minnesota law. The program participant shall complete the ballot and return it
to the secretary of state, who shall review the ballot in the manner provided by section
203B.121, subdivision 2. If the ballot and ballot materials comply with the requirements of
that section, the ballot must be certified by the secretary of state as the ballot of a program
participant, and must be forwarded to the appropriate electoral jurisdiction for tabulation
along with all other ballots. The name and address of a program participant must not be
listed in the statewide voter registration system.
Minnesota Statutes 2020, section 201.061, subdivision 3, is amended to read:
(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 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 eight 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 individual: (i) is
registered to vote in the precinct or is an employee of a residential facility in the precinct,
(ii) personally knows that the voter is a resident of the precinct, and (iii) 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.
(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; setting
authorized to provide housing support as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; deleted text beginordeleted text end a supervised publicly
or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homelessnew text begin; a facility where a provider operates a residential treatment
program as defined in section 245.462, subdivision 23; or a facility where a provider operates
an adult foster care program as defined in section 245A.02, subdivision 6cnew 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.
Minnesota Statutes 2020, section 201.071, subdivision 1, is amended to read:
Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number; and voter's signature. The paper
registration application may include the voter's e-mail address, if provided by the voter. The
electronic voter registration application must include the voter's e-mail address. The
registration application may include the voter's interest in serving as an election judge, if
indicated by the voter. The application must also contain the following certification of voter
eligibility:
"I certify that I:
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have deleted text beginresideddeleted text endnew text begin maintained residencenew text end in Minnesota for 20 days immediately
preceding election day;
(4) maintain residence at the address given on the registration form;
(5) am not under court-ordered guardianship in which the court order revokes my right
to vote;
(6) have not been found by a court to be legally incompetent to vote;
(7) have the right to vote because, if I have been convicted of a felony, my felony sentence
has expired (been completed)