1.1 	A bill for an act
1.2 	relating to elections; exempting on a onetime basis municipalities in a county 
1.3 	that filed a county plan pursuant to Laws 2005, chapter 162, section 35, from 
1.4 	the requirements of Minnesota Statutes, section 206.82; implementing in law the 
1.5 	requirements of a federal court order regarding the use of tribal identification; 
1.6 	providing for a registration deadline for special elections; providing for a uniform 
1.7 	and consistent oath to be signed by voters in an election; amending Minnesota 
1.8 	Statutes 2004, section 201.061, subdivision 1; Minnesota Statutes 2005 
1.9 	Supplement, sections 201.061, subdivision 3; 204C.10; 206.82, subdivision 2.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2004, section 201.061, subdivision 1, is amended to read:
1.12 		Subdivision 1.Prior to election day. At any time except during the 20 days 
1.13 	immediately preceding any regularly scheduled election, an eligible voter or any 
1.14 	individual who will be an eligible voter at the time of the next election may register to vote 
1.15 	in the precinct in which the voter maintains residence by completing a voter registration 
1.16 	application as described in section  201.071, subdivision 1, and submitting it in person 
1.17 	or by mail to the county auditor of that county or to the Secretary of State's Office. 
1.18 	A registration that is received no later than 5:00 p.m. on the 21st day preceding any 
1.19 	election shall be accepted. An improperly addressed or delivered registration application 
1.20 	shall be forwarded within two working days after receipt to the county auditor of the 
1.21 	county where the voter maintains residence. A state or local agency or an individual that 
1.22 	accepts completed voter registration applications from a voter must submit the completed 
1.23 	applications to the secretary of state or the appropriate county auditor within ten days 
1.24 	after the applications are dated by the voter. 
2.1 	For purposes of this section, mail registration is defined as a voter registration 
2.2 	application delivered to the secretary of state, county auditor, or municipal clerk by the 
2.3 	United States Postal Service or a commercial carrier.

2.4 	Sec. 2. Minnesota Statutes 2005 Supplement, section 201.061, subdivision 3, is 
2.5 	amended to read:
2.6 		Subd. 3.Election day registration. (a) An individual who is eligible to vote may 
2.7 	register on election day by appearing in person at the polling place for the precinct in 
2.8 	which the individual maintains residence, by completing a registration application, making 
2.9 	an oath in the form prescribed by the secretary of state and providing proof of residence. 
2.10 	An individual may prove residence for purposes of registering by:
2.11 	(1) presenting a driver's license or Minnesota identification card issued pursuant 
2.12 	to section 171.07;
2.13 	(2) presenting any document approved by the secretary of state as proper 
2.14 	identification;
2.15 	(3) presenting one of the following:
2.16 	(i) a current valid student identification card from a postsecondary educational 
2.17 	institution in Minnesota, if a list of students from that institution has been prepared under 
2.18 	section 135A.17 and certified to the county auditor in the manner provided in rules of 
2.19 	the secretary of state; or
2.20 	(ii) a current student fee statement that contains the student's valid address in the 
2.21 	precinct together with a picture identification card; or
2.22 	(4) having a voter who is registered to vote in the precinct, or who is an employee 
2.23 	employed by and working in a residential facility in the precinct and vouching for a 
2.24 	resident in the facility, sign an oath in the presence of the election judge vouching that the 
2.25 	voter or employee personally knows that the individual is a resident of the precinct. A 
2.26 	voter who has been vouched for on election day may not sign a proof of residence oath 
2.27 	vouching for any other individual on that election day. A voter who is registered to vote in 
2.28 	the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation 
2.29 	does not apply to an employee of a residential facility described in this clause. The 
2.30 	secretary of state shall provide a form for election judges to use in recording the number 
2.31 	of individuals for whom a voter signs proof-of-residence oaths on election day. The 
2.32 	form must include space for the maximum number of individuals for whom a voter may 
2.33 	sign proof-of-residence oaths. For each proof-of-residence oath, the form must include 
2.34 	a statement that the voter is registered to vote in the precinct, personally knows that the 
3.1 	individual is a resident of the precinct, and is making the statement on oath. The form must 
3.2 	include a space for the voter's printed name, signature, telephone number, and address.
3.3 	The oath required by this subdivision and Minnesota Rules, part 8200.9939, must 
3.4 	be attached to the voter registration application and the information on the oath must be 
3.5 	recorded on the records of both the voter registering on election day and the voter who 
3.6 	is vouching for the person's residence, and entered into the statewide voter registration 
3.7 	system by the county auditor when the voter registration application is entered into that 
3.8 	system.
3.9 	(b) The operator of a residential facility shall prepare a list of the names of its 
3.10 	employees currently working in the residential facility and the address of the residential 
3.11 	facility. The operator shall certify the list and provide it to the appropriate county auditor 
3.12 	no less than 20 days before each election for use in election day registration.
3.13 	(c) "Residential facility" means transitional housing as defined in section 256E.33, 
3.14 	subdivision 1; a supervised living facility licensed by the commissioner of health under 
3.15 	section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 
3.16 	5; a residence registered with the commissioner of health as a housing with services 
3.17 	establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 
3.18 	the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 
3.19 	licensed by the commissioner of human services to provide a residential program as 
3.20 	defined in section 245A.02, subdivision 14; a residential facility for persons with a 
3.21 	developmental disability licensed by the commissioner of human services under section 
3.22 	252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter 
3.23 	for battered women as defined in section 611A.37, subdivision 4; or a supervised 
3.24 	publicly or privately operated shelter or dwelling designed to provide temporary living 
3.25 	accommodations for the homeless.
3.26 	(d) For tribal band members, an individual may prove residence for purposes of 
3.27 	registering by:
3.28 	(1) presenting an identification card issued by the tribal government of a tribe with 
3.29 	a reservation located in whole or in part in Minnesota and recognized by the Bureau of 
3.30 	Indian Affairs, United States Department of the Interior, that contains the name, address, 
3.31 	signature, and picture of the individual; or
3.32 	(2) presenting an identification card issued by the tribal government of a tribe with 
3.33 	a reservation located in whole or in part in Minnesota and recognized by the Bureau of 
3.34 	Indian Affairs, United States Department of the Interior, that contains the name, signature, 
3.35 	and picture of the individual and also presenting one of the documents listed in Minnesota 
3.36 	Rules, part 8200.5100, subpart 2, item B.
4.1 	(e) A county, school district, or municipality may require that an election judge 
4.2 	responsible for election day registration initial each completed registration application.

4.3 	Sec. 3. Minnesota Statutes 2005 Supplement, section 204C.10, is amended to read:
4.4 	204C.10 PERMANENT REGISTRATION; VERIFICATION OF 
4.5 	REGISTRATION.
4.6 	(a) An individual seeking to vote shall sign a polling place roster which states 
4.7 	that the individual is at least 18 years of age, a citizen of the United States, has resided 
4.8 	in Minnesota for 20 days immediately preceding the election, maintains residence at 
4.9 	the address shown, is not under a guardianship in which the court order revokes the 
4.10 	individual's right to vote, has not been found by a court of law to be legally incompetent 
4.11 	to vote or ~~convicted of a felony without having civil rights restored~~ has the right to vote 
4.12 	because, if the individual was convicted of a felony, the felony sentence has expired or 
4.13 	been completed or the individual has been discharged from the sentence, is registered 
4.14 	and has not already voted in the election. The roster must also state: "I understand that 
4.15 	deliberately providing false information is a felony punishable by not more than five years 
4.16 	imprisonment and a fine of not more than $10,000, or both."
4.17 	(b) A judge may, before the applicant signs the roster, confirm the applicant's name, 
4.18 	address, and date of birth.
4.19 	(c) After the applicant signs the roster, the judge shall give the applicant a voter's 
4.20 	receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof 
4.21 	of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The 
4.22 	voters' receipts must be maintained during the time for notice of filing an election contest.

4.23 	Sec. 4. Minnesota Statutes 2005 Supplement, section 206.82, subdivision 2, is 
4.24 	amended to read:
4.25 		Subd. 2.Plan. (a) Subject to paragraph (b), the municipal clerk in a municipality 
4.26 	where an electronic voting system is used and the county auditor of a county in which an 
4.27 	electronic voting system is used in more than one municipality and the county auditor of 
4.28 	a county in which a counting center serving more than one municipality is located shall 
4.29 	prepare a plan which indicates acquisition of sufficient facilities, computer time, and 
4.30 	professional services and which describes the proposed manner of complying with section 
4.31 	206.80. The plan must be signed, notarized, and submitted to the secretary of state more 
4.32 	than 60 days before the first election at which the municipality uses an electronic voting 
4.33 	system. Prior to July 1 of each subsequent general election year, the clerk or auditor 
4.34 	shall submit to the secretary of state notification of any changes to the plan on file with 
5.1 	the secretary of state. The secretary of state shall review each plan for its sufficiency and 
5.2 	may request technical assistance from the Department of Administration or other agency 
5.3 	which may be operating as the central computer authority. The secretary of state shall 
5.4 	notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days 
5.5 	of receipt of the plan. The attorney general, upon request of the secretary of state, may 
5.6 	seek a district court order requiring an election official to fulfill duties imposed by this 
5.7 	subdivision or by rules promulgated pursuant to this section.
5.8 	(b) Systems implemented by counties and municipalities in calendar year 2006 are 
5.9 	exempt from paragraph (a) and section 206.58, subdivision 4, if:
5.10 	(1) the municipality has fewer than 10,000 residents; and
5.11 	(2) a valid county plan was filed by the county auditor of the county in which the 
5.12 	municipality is located.

5.13 	Sec. 5. EFFECTIVE DATE.
 5.14 	Sections 1 to 4 are effective July 1, 2006.