SF 661

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:14am

A bill for an act
relating to information practices; classifying certain data maintained by the
University of Minnesota; expanding requirements for postsecondary institutions
to report resident student information to the secretary of state for voter
registration purposes; amending Minnesota Statutes 2008, sections 201.061,
subdivision 1; 201.071, subdivision 1; 201.091, by adding a subdivision;
203B.05, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, 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 regularly scheduled 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 If the Web
site maintained by the secretary of state provides a process for it, an individual who has
a Minnesota driver's license, identification card, or learner's permit may register online.
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 2008, section 201.071, subdivision 1, is amended to read:

Subdivision 1.

Form.

A voter registration application must deleted text begin be of suitable size and
weight for mailing and deleted text end 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, new text begin and new text end the last four digits of the voter's Social Security number deleted text begin ; and voter's
signature deleted text end . The registration application may include the voter's e-mail address, if provided
by the voter, and 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 resided 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) or I have been discharged from my sentence; and

(8) have read and understand the following statement: that giving false information
is a felony punishable by not more than five years imprisonment or a fine of not more
than $10,000, or both."

The certification must include boxes for the voter to respond to the following
questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

new text begin A paper voter registration application must include space for the voter's signature.
Paper voter registration applications, other than those used for election day registration,
must be of suitable size and weight for mailing.
new text end

Sec. 3.

Minnesota Statutes 2008, section 201.091, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Registration confirmation to registered voter. new text end

new text begin The secretary of state
must ensure that the secretary of state's Web site is capable of providing voter registration
confirmation to a registered voter. An individual requesting registration confirmation must
provide the individual's name, address, and date of birth. If the information provided by
the individual completely matches an active voter record in the statewide voter registration
system, the Web site must inform the individual that the individual is a registered voter and
must provide the individual with the individual's polling place location. If the information
provided by the individual does not completely match an active voter record in the
statewide voter registration system, the Web site must inform the individual that a voter
record with that name and date of birth at the address provided cannot be confirmed and the
Web site must advise the individual to contact the county auditor for further information.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the Web site has been tested, shown to properly retrieve information from the
correct voter's record, and can handle the expected volume of use.
new text end

Sec. 4.

Minnesota Statutes 2008, section 203B.05, subdivision 1, is amended to read:

Subdivision 1.

Generally.

The full-time clerk of any city or town shall administer
the provisions of sections 203B.04 to 203B.15 if:

(a) the county auditor of that county has designated the clerk to administer them; or

(b) the clerk has given the county auditor of that county notice of intention to
administer them.

new text begin To be designated under this subdivision, the office of the clerk must have the
technical capacity to access the absentee module of the statewide voter registration system
in the secure manner prescribed by the secretary of state. The secretary of state must
identify hardware, software, security, or other technical prerequisites necessary to ensure
the security, access controls, and performance of the statewide voter registration system.
A clerk designated under this subdivision may not use the statewide voter registration
system until the clerk has received the required training approved by the secretary of state
on the use of the statewide voter registration system.
new text end