HF 57

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:33am

A bill for an act
relating to elections; requiring voters to provide picture identification before
receiving a ballot; providing for the issuance of voter identification cards at no
charge; establishing a procedure for provisional balloting; amending Minnesota
Statutes 2008, section 204C.10; proposing coding for new law in Minnesota
Statutes, chapters 201; 204C.

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

Section 1.

new text begin [201.017] VOTER IDENTIFICATION CARDS.
new text end

new text begin Subdivision 1. new text end

new text begin Access; eligibility. new text end

new text begin The county auditor must provide at least one
location in the county at which it will accept applications for and issue voter identification
cards to registered Minnesota voters. A voter identification card is valid only for purposes
of voter identification under section 204C.10, and is available only to registered Minnesota
voters. No fee may be charged or collected for the application for or issuance of a voter
identification card. A voter is not eligible for a voter identification card if the voter has a
Minnesota driver's license or identification card issued by the Department of Public Safety
that is currently valid and will not expire prior to election day.
new text end

new text begin Subd. 2. new text end

new text begin Validity. new text end

new text begin A voter identification card is valid as long as the voter resides at
the address indicated on the card and remains qualified to vote. A voter who moves to
a different residence within the state must surrender the card to the appropriate county
auditor of the new residence. After surrender of an invalid card, a voter may apply for and
receive a new card if the voter is otherwise eligible. A person who moves to a residence
outside the state of Minnesota or who ceases to be qualified to vote must surrender the
voter identification card to the county auditor from which it was issued.
new text end

new text begin Subd. 3. new text end

new text begin Documentation required of applicant. new text end

new text begin (a) An applicant for a voter
identification card must submit the following before the county auditor may issue an
identification card:
new text end

new text begin (1) proof of the applicant's current registration to vote in the state of Minnesota;
new text end

new text begin (2) documentation approved by the secretary of state sufficient to prove residence in
Minnesota for purposes of election day voter registration; and
new text end

new text begin (3) official documentation that contains the applicant's name, current address of
residence, and date of birth.
new text end

new text begin The secretary of state may adopt rules to further describe and define the types of
documentation sufficient to meet the requirements of this subdivision.
new text end

new text begin (b) The application for a voter identification card shall elicit the information
required to be printed under subdivision 4. The application must be signed and sworn to
by the applicant. An applicant who knowingly submits an application containing false
information is guilty of a felony.
new text end

new text begin Subd. 4. new text end

new text begin Format of card. new text end

new text begin The voter identification card shall be captioned
"MINNESOTA VOTER IDENTIFICATION CARD," and contain a prominent statement
that under Minnesota law, the card is valid only as identification for voting purposes. The
voter identification card must be laminated, contain a digital color photograph of the voter,
and include the following information about the voter:
new text end

new text begin (1) full legal name;
new text end

new text begin (2) address of residence;
new text end

new text begin (3) birth date;
new text end

new text begin (4) date identification card was issued;
new text end

new text begin (5) sex;
new text end

new text begin (6) height;
new text end

new text begin (7) weight;
new text end

new text begin (8) eye color;
new text end

new text begin (9) county where identification card was issued; and
new text end

new text begin (10) any other information prescribed by the secretary of state.
new text end

new text begin Subd. 5. new text end

new text begin Duties of the secretary of state. new text end

new text begin The secretary of state shall provide
each county auditor with the necessary equipment, forms, supplies, and training for the
production of the Minnesota voter identification cards and is responsible for maintaining
the equipment.
new text end

new text begin The secretary of state may adopt any rules necessary to facilitate administration
of this section.
new text end

Sec. 2.

Minnesota Statutes 2008, section 204C.10, is amended to read:

204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.

new text begin Subdivision 1. new text end

new text begin Polling place roster. new text end

(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 court order revokes the individual's right to vote, has not been found by a court of
law to be legally incompetent to vote or has the right to vote because, if the individual
was convicted of a felony, the felony sentence has expired or been completed or the
individual has been discharged from the sentence, 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: (1) may new text end confirm the
applicant's name, address, and date of birth new text begin ; and (2) except when a voter has a religious
objection to being photographed, must require the voter to provide photo identification, as
described in subdivision 2 new 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.

new text begin Subd. 2. new text end

new text begin Photo identification. new text end

new text begin (a) To satisfy the photo identification requirement in
subdivision 1, a voter must present one of the following:
new text end

new text begin (1) a valid Minnesota driver's license or identification card, issued by the Department
of Public Safety;
new text end

new text begin (2) a valid Minnesota voter identification card issued under section 201.017;
new text end

new text begin (3) a valid identification card issued by a branch, department, agency, entity, or
subdivision of the state of Minnesota or the federal government which is authorized
by law to issue personal identification, provided that the identification card contains a
photograph of the voter;
new text end

new text begin (4) a valid United States passport; or
new text end

new text begin (5) a valid tribal identification card containing a photograph of the voter.
new text end

new text begin (b) If a voter is unable to produce any of the items of identification listed in
paragraph (a), the voter shall be allowed to vote a provisional ballot upon swearing
or affirming that the voter is the person identified on the polling place roster. Falsely
swearing or affirming the oath shall be punishable as a felony. A provisional ballot may be
cast in the manner provided in section 204C.135.
new text end

Sec. 3.

new text begin [204C.135] PROVISIONAL BALLOTS.
new text end

new text begin Subdivision 1. new text end

new text begin Casting of provisional ballots. new text end

new text begin (a) A voter who appears at a polling
place for the purpose of casting a ballot in a primary or general election but is unable
to provide proper photo identification as required by section 204C.10 is entitled, upon
swearing or affirming the voter's identity, to cast a provisional ballot as provided by this
section.
new text end

new text begin (b) A voter seeking to vote a provisional ballot must complete a provisional ballot
voting certificate. The certificate must include information about the place, manner, and
approximate date on which the voter previously registered to vote. The voter must also
swear or affirm in writing that the voter previously registered to vote, is eligible to vote,
has not voted previously in that election, and meets the criteria for registering to vote in
Minnesota. The form of the provisional ballot voting certificate shall be prescribed by
the secretary of state.
new text end

new text begin (c) Once the voter has completed the provisional ballot voting certificate as required
by this subdivision, the voter must be allowed to cast a provisional ballot. The provisional
ballot must be the same as that utilized by the county or municipality for mail-in absentee
ballots. A completed provisional ballot shall be sealed in the manner required for absentee
ballots pursuant to section 203B.07, and deposited by the voter in a secure, sealed ballot
box.
new text end

new text begin Subd. 2. new text end

new text begin Counting provisional ballots. new text end

new text begin (a) The head election judge in a precinct
where a provisional vote was cast must notify the county auditor or municipal clerk of
the number of provisional ballots cast as soon as practicable following the closing of the
polls. Provisional ballots and related documentation shall be delivered to and securely
maintained by the county auditor or municipal clerk.
new text end

new text begin (b) A voter who, because of an inability to produce photo identification on election
day, cast a provisional ballot in the polling place may personally appear before the county
auditor or municipal clerk no later than five business days following the election to
determine whether the provisional ballot will be counted. The county auditor or municipal
clerk must count a provisional ballot in the final certified results from the precinct if the
voter either: (1) presents a form of photo identification permissible under section 204C.10,
subdivision 2, or the documentation necessary to secure a Minnesota voter identification
card under section 201.017, subdivision 3; or (2) executes an affidavit before the county
auditor or municipal clerk, in a form prescribed by the secretary of state, affirming under
penalty of perjury that the voter is the same person who appeared in the polling place on
election day and cast a provisional ballot and either: (i) is unable to obtain a sufficient
form of photo identification without the payment of a fee and was not able to secure a
Minnesota voter identification card prior to election day; or (ii) has a religious objection
to being photographed.
new text end

new text begin (c) If a voter does not appear before the county auditor or municipal clerk within five
business days following the election, or otherwise does not satisfy the requirements of
paragraph (b), the voter's provisional ballot must not be counted.
new text end

new text begin (d) The county auditor or municipal clerk must notify, in writing, any voter who
does not appear within five business days of the election that their provisional ballot
was not cast because of the voter's failure to provide photo identification at the polling
place and the voter's failure to appear within five business days following the election to
determine whether the provisional ballot should be counted.
new text end