1.1                          A bill for an act 
  1.2             relating to elections; changing certain absentee 
  1.3             ballot provisions; amending Minnesota Statutes 1996, 
  1.4             sections 203B.02, subdivision 1; 203B.03, subdivision 
  1.5             1; 203B.04, subdivision 1; 203B.06, subdivision 3; 
  1.6             203B.07, subdivision 2; 203B.11, by adding a 
  1.7             subdivision; and 203B.12, subdivision 2; proposing 
  1.8             coding for new law in Minnesota Statutes, chapter 203B.
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 203B.02, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [~~UNABLE TO GO TO POLLING PLACE~~ VOTING 
  1.13  BEFORE ELECTION DAY.] Any eligible voter ~~who reasonably expects~~ 
  1.14  ~~to be unable to go to the polling place on election day in the~~ 
  1.15  ~~precinct where the individual maintains residence because of~~ 
  1.16  ~~absence from the precinct, illness, disability, religious~~ 
  1.17  ~~discipline, observance of a religious holiday, or service as an~~ 
  1.18  ~~election judge in another precinct~~ may vote by absentee ballot 
  1.19  as provided in ~~sections 203B.04 to 203B.15~~ this chapter. 
  1.20     Sec. 2.  Minnesota Statutes 1996, section 203B.03, 
  1.21  subdivision 1, is amended to read: 
  1.22     Subdivision 1.  [VIOLATION.] No individual shall 
  1.23  intentionally:  
  1.24     (a) make or sign any false certificate required by this 
  1.25  chapter; 
  1.26     (b) make any false or untrue statement in any application 
  1.27  for absentee ballots; 
  2.1      (c) apply for absentee ballots more than once in any 
  2.2   election with the intent to cast an illegal ballot; 
  2.3      (d) exhibit a ballot marked by that individual to any other 
  2.4   individual; 
  2.5      (e) do any act in violation of the provisions of this 
  2.6   chapter for the purpose of casting an illegal vote in any 
  2.7   precinct or for the purpose of aiding another to cast an illegal 
  2.8   vote; ~~or~~ 
  2.9      (f) use information from absentee ballot materials or 
  2.10  records for purposes unrelated to elections, political 
  2.11  activities, or law enforcement; 
  2.12     (g) provide assistance to an absentee voter except in the 
  2.13  manner provided by section 204C.15, subdivision 1; or 
  2.14     (h) accept any payment of money or other thing of monetary 
  2.15  value for delivery, in person or by mail, of any absentee ballot 
  2.16  application or voted ballots to the county auditor, municipal 
  2.17  clerk, or school district clerk. 
  2.18     Before inspecting information from absentee ballot 
  2.19  materials or records, an individual shall provide identification 
  2.20  to the public official having custody of the material or 
  2.21  information.  
  2.22     Sec. 3.  Minnesota Statutes 1996, section 203B.04, 
  2.23  subdivision 1, is amended to read: 
  2.24     Subdivision 1.  [APPLICATION PROCEDURES.] Except as 
  2.25  otherwise allowed by subdivision 2, an application for absentee 
  2.26  ballots for any election may be submitted at any time not less 
  2.27  than one day before the day of that election.  An application 
  2.28  submitted pursuant to this subdivision shall be in writing and 
  2.29  shall be submitted to:  
  2.30     (a) the county auditor of the county where the applicant 
  2.31  maintains residence; or 
  2.32     (b) the municipal clerk of the municipality, or school 
  2.33  district if applicable, where the applicant maintains residence. 
  2.34     An application shall be accepted if it is signed and dated 
  2.35  by the applicant, contains the applicant's name and residence 
  2.36  and mailing addresses, and states that the applicant is eligible 
  3.1   to vote by absentee ballot for one of the reasons specified in 
  3.2   section 203B.02.  An application may be submitted to the county 
  3.3   auditor or municipal clerk by an electronic facsimile device, at 
  3.4   the discretion of the auditor or clerk. 
  3.5      Sec. 4.  Minnesota Statutes 1996, section 203B.06, 
  3.6   subdivision 3, is amended to read: 
  3.7      Subd. 3.  [DELIVERY OF BALLOTS.] If an application for 
  3.8   absentee ballots is accepted at a time when absentee ballots are 
  3.9   not yet available for distribution, the county auditor, or 
  3.10  municipal clerk accepting the application shall file it and as 
  3.11  soon as absentee ballots are available for distribution shall 
  3.12  mail them to the address specified in the application.  If an 
  3.13  application for absentee ballots is accepted when absentee 
  3.14  ballots are available for distribution, the county auditor or 
  3.15  municipal clerk accepting the application shall promptly:  
  3.16     (a) mail the ballots to the voter whose signature appears 
  3.17  on the application if the application is submitted by mail; ~~or~~ 
  3.18     (b) deliver the absentee ballots directly to the voter if 
  3.19  the application is submitted in person; or 
  3.20     (c) deliver the absentee ballots in a sealed transmittal 
  3.21  envelope to an agent who has been designated to bring the 
  3.22  ballots to a voter who is a patient in a hospital or health care 
  3.23  facility, as provided in section 203B.11, subdivision 4.  
  3.24     If an application does not indicate the election for which 
  3.25  absentee ballots are sought, the county auditor or municipal 
  3.26  clerk shall mail or deliver only the ballots for the next 
  3.27  election occurring after receipt of the application.  Only one 
  3.28  set of ballots may be mailed or delivered to an applicant for 
  3.29  any election, except as provided in section 203B.13, subdivision 
  3.30  2, or when a replacement ballot has been requested by the voter 
  3.31  for a ballot that has been spoiled or lost in transit. 
  3.32     ~~This subdivision does not apply to applications for~~ 
  3.33  ~~absentee ballots received pursuant to sections 203B.04,~~ 
  3.34  ~~subdivision 2, and 203B.11.~~ 
  3.35     Sec. 5.  Minnesota Statutes 1996, section 203B.07, 
  3.36  subdivision 2, is amended to read: 
  4.1      Subd. 2.  [DESIGN OF ENVELOPES.] The return envelope shall 
  4.2   be of sufficient size to conveniently enclose and contain the 
  4.3   ballot envelope and a voter registration card folded along its 
  4.4   perforations.  The return envelope shall be designed to open on 
  4.5   the left hand end.  The return envelope must include spaces for 
  4.6   the voter's name and address.  A certificate of eligibility to 
  4.7   vote by absentee ballot shall be printed on the right hand 
  4.8   three-fourths of the back of the envelope.  The certificate 
  4.9   shall contain a statement to be signed and sworn by the voter 
  4.10  indicating that the voter meets all of the requirements 
  4.11  established by law for voting ~~by absentee ballot~~.  If the voter 
  4.12  was not previously registered, the certificate shall also 
  4.13  contain a statement signed by ~~an eligible~~ a registered voter of 
  4.14  the ~~county~~ precinct in which the absent voter maintains 
  4.15  residence or by a notary public~~, United States postmaster,~~ 
  4.16  ~~assistant postmaster, postal supervisor, clerk of a postal~~ 
  4.17  ~~service contract station~~ or other individual authorized to 
  4.18  administer oaths stating ~~that:~~  
  4.19     ~~(a) the ballots were displayed to that individual unmarked;~~ 
  4.20     ~~(b) the voter marked the ballots in that individual's~~ 
  4.21  ~~presence without showing how they were marked, or, if the voter~~ 
  4.22  ~~was physically unable to mark them, that the voter directed~~ 
  4.23  ~~another individual to mark them; and~~ 
  4.24     ~~(c) if the voter was not previously registered,~~ that the 
  4.25  voter has provided proof of residence as required by section 
  4.26  201.061, subdivision 3.  
  4.27     The county auditor or municipal clerk shall affix first 
  4.28  class postage to the return envelopes.  
  4.29     Sec. 6.  [203B.082] [USE OF FACSIMILE BALLOTS.] 
  4.30     Subdivision 1.  [ELIGIBILITY.] An eligible voter who either 
  4.31  becomes a patient in a hospital or health care facility during 
  4.32  the seven days immediately before an election or is residing 
  4.33  outside the United States may vote by an electronically 
  4.34  transmitted facsimile ballot as provided in this section. 
  4.35     Subd. 2.  [APPLICATION.] Upon receipt of a properly 
  4.36  completed application, the county auditor may send the voter the 
  5.1   appropriate ballots and a ballot transmission form using an 
  5.2   electronic facsimile device.  The ballot transmission form must 
  5.3   provide space for the voter's name, address, signature, date of 
  5.4   birth, date on which the ballots were transmitted by the voter, 
  5.5   and a statement acknowledging that the voter's ballots will not 
  5.6   be secret.  The secretary of state shall prepare samples of the 
  5.7   data transmission form for use by the county auditor.  
  5.8      Subd. 3.  [RETURN.] The voter may return the voted ballots 
  5.9   to the county auditor using an electronic facsimile device.  If 
  5.10  an electronic facsimile device is used, the voter must also 
  5.11  complete and return the ballot transmission form.  Upon receipt 
  5.12  of an electronically transmitted ballot, the county auditor 
  5.13  shall immediately compare the information provided on the 
  5.14  absentee ballot application with the information provided on the 
  5.15  ballot transmission form.  No record of the votes cast by the 
  5.16  voter may be made.  After the information on the ballot 
  5.17  transmission form has been verified, the ballots must be sealed 
  5.18  in a ballot secrecy envelope.  The ballot transmission form must 
  5.19  be attached to the ballot secrecy envelope and placed with the 
  5.20  other absentee ballots for the precinct in which the voter 
  5.21  resides.  The county auditor shall certify that the ballots were 
  5.22  properly enclosed in the ballot secrecy envelope, that no record 
  5.23  of the votes cast on the ballots was made, and that the auditor 
  5.24  will not disclose for whom the voter has voted. 
  5.25     Subd. 4.  [REJECTION.] If the county auditor cannot verify 
  5.26  that the ballots were transmitted by the same person who 
  5.27  submitted the absentee ballot application, the ballots must be 
  5.28  rejected and no votes on the ballots may be counted.  
  5.29     Sec. 7.  Minnesota Statutes 1996, section 203B.11, is 
  5.30  amended by adding a subdivision to read: 
  5.31     Subd. 4.  [AGENT DELIVERY OF BALLOTS.] During the four days 
  5.32  preceding an election and until 4:00 p.m. on election day, an 
  5.33  eligible voter who is a patient of a hospital or health care 
  5.34  facility may designate an agent to deliver the ballots to the 
  5.35  voter from the county auditor or municipal clerk.  The voted 
  5.36  ballots must be returned to the county auditor or municipal 
  6.1   clerk no later than 5:00 p.m. on election day.  The voter must 
  6.2   complete an affidavit requesting the auditor or clerk to provide 
  6.3   the agent with the ballots in a sealed transmittal envelope.  
  6.4   The affidavit must include a statement from the voter stating 
  6.5   that the ballots were delivered to the voter by the agent in the 
  6.6   sealed transmittal envelope.  An agent may deliver ballots to no 
  6.7   more than three persons in any election.  The secretary of state 
  6.8   shall provide samples of the affidavit and transmission envelope 
  6.9   for use by the county auditors. 
  6.10     Sec. 8.  Minnesota Statutes 1996, section 203B.12, 
  6.11  subdivision 2, is amended to read: 
  6.12     Subd. 2.  [EXAMINATION OF RETURN ENVELOPES.] Two or more 
  6.13  election judges shall examine each return envelope and shall 
  6.14  mark it accepted or rejected in the manner provided in this 
  6.15  subdivision.  If a ballot has been prepared under section 
  6.16  204B.12, subdivision 2a, or 204B.41, the election judges shall 
  6.17  not begin removing ballot envelopes from the return envelopes 
  6.18  until 8:00 p.m. on election day, either in the polling place or 
  6.19  at an absentee ballot board established under section 203B.13. 
  6.20     The election judges shall mark the return envelope 
  6.21  "Accepted" and initial or sign the return envelope below the 
  6.22  word "Accepted" if the election judges or a majority of them are 
  6.23  satisfied that:  
  6.24     (1) the voter's name and address on the return envelope are 
  6.25  the same as the information provided on the absentee ballot 
  6.26  application; 
  6.27     ~~(a)~~ (2) the voter's signature on the return envelope is the 
  6.28  genuine signature of the individual who made the application for 
  6.29  ballots and the certificate has been completed as prescribed in 
  6.30  the directions for casting an absentee ballot; 
  6.31     ~~(b)~~ (3) the voter is registered and eligible to vote in the 
  6.32  precinct or has included a properly completed registration card 
  6.33  in the return envelope; and 
  6.34     ~~(c)~~ (4) the voter has not already voted at that election, 
  6.35  either in person or by absentee ballot.  
  6.36     The return envelope from accepted ballots must be preserved 
  7.1   and returned to the county auditor.  
  7.2      If all or a majority of the election judges examining 
  7.3   return envelopes find that an absent voter has failed to meet 
  7.4   one of the requirements prescribed in clauses ~~(a)~~ (1) to 
  7.5   ~~(c)~~ (4), they shall mark the return envelope "Rejected," initial 
  7.6   or sign it below the word "Rejected," and return it to the 
  7.7   county auditor.  
  7.8      Sec. 9.  [203B.145] [ACCESS TO ABSENTEE BALLOT MATERIALS.] 
  7.9      Public inspection of absentee ballot applications, absentee 
  7.10  ballot return envelopes, other materials related to absentee 
  7.11  voting, and any list that includes information from these 
  7.12  materials must occur in the manner provided in the rules of the 
  7.13  secretary of state.