Bill Text: MN HF2265 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Secretary of state authorized to obtain data from the Public Safety Department, and to share data.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-05-14 - Secretary of State Chapter 238 05/13/14 [HF2265 Detail]
Download: Minnesota-2013-HF2265-Engrossed.html
1.2relating to elections; voters; authorizing secretary of state to obtain certain
1.3data from Department of Public Safety; authorizing secretary of state to share
1.4certain data; amending Minnesota Statutes 2012, sections 171.12, subdivision 7a;
1.5201.13, subdivision 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 171.12, subdivision 7a, is amended to read:
1.8 Subd. 7a. Disclosure of personal information. The commissioner shall disclose
1.9personal information where the use is related to the operation of a motor vehicle or to
1.10public safety. The use of personal information is related to public safety if it concerns the
1.11physical safety or security of drivers, vehicles, pedestrians, or property. The commissioner
1.12may refuse to disclose data under this subdivision when the commissioner concludes that
1.13the requester is likely to use the data for illegal, improper, or noninvestigative purposes.
1.14 The commissioner shall disclose personal information to the secretary of state for the
1.15purpose of increasing voter registration and improving the accuracy of voter registration
1.16records in the statewide voter registration system. The secretary of state may not retain
1.17data provided by the commissioner under this subdivision for more than 60 days.
1.18 Sec. 2. Minnesota Statutes 2012, section 201.13, subdivision 3, is amended to read:
1.19 Subd. 3. Use of change of address system. (a) At least once each month the
1.20secretary of state shall obtain a list of individuals registered to vote in this state who have
1.21filed with the United States Postal Service a change of their permanent address. The
1.22secretary of state may also periodically obtain a list of individuals with driver's licenses or
1.23state identification cards to identify those who are registered to vote who have applied to
1.24the Department of Public Safety for a replacement driver's license or state identification
2.1card with a different address, and a list of individuals for whom the Department of Public
2.2Safety received notification of a driver's license or state identification card cancellation
2.3due to a change of residency out of state. However, the secretary of state shall not load
2.4data derived fromthis list these lists into the statewide voter registration system within the
2.547 days before the state primary or 47 days before a November general election.
2.6(b) If the address is changed to another address in this state, the secretary of state
2.7shall locate the precinct in which the voter resides, if possible. If the secretary of state
2.8is able to locate the precinct in which the voter resides, the secretary must transmit the
2.9information about the changed address by electronic means to the county auditor of the
2.10county in which the new address is located. For addresses for which the secretary of
2.11state is unable to determine the precinct, the secretary may forward information to the
2.12appropriate county auditors for individual review. If the voter has not voted or submitted a
2.13voter registration application since the address change, upon receipt of the information,
2.14the county auditor shall update the voter's address in the statewide voter registration
2.15system. The county auditor shall mail to the voter a notice stating the voter's name,
2.16address, precinct, and polling place, unless the voter's record is challenged due to a felony
2.17conviction, noncitizenship, name change, incompetence, or a court's revocation of voting
2.18rights of individuals under guardianship, in which case the auditor must not mail the
2.19notice. The notice must advise the voter that the voter's voting address has been changed
2.20and that the voter must notify the county auditor within 21 days if the new address is not
2.21the voter's address of residence. The notice must state that it must be returned if it is not
2.22deliverable to the voter at the named address.
2.23 (c) If the change of permanent address is to an address outside this state, the
2.24secretary of state shall notify by electronic means the auditor of the county where the
2.25voter formerly resided that the voter has moved to another state. If the voter has not voted
2.26or submitted a voter registration application since the address change, the county auditor
2.27shall promptly mail to the voter at the voter's new address a notice advising the voter that
2.28the voter's status in the statewide voter registration system will be changed to "inactive"
2.29unless the voter notifies the county auditor within 21 days that the voter is retaining the
2.30former address as the voter's address of residence, except that if the voter's record is
2.31challenged due to a felony conviction, noncitizenship, name change, incompetence, or
2.32a court's revocation of voting rights of individuals under guardianship, the auditor must
2.33not mail the notice. If the notice is not received by the deadline, the county auditor shall
2.34change the voter's status to "inactive" in the statewide voter registration system.
2.35 (d) If, in order to maintain voter registration records, the secretary of state enters
2.36an agreement to share information or data with an organization governed exclusively by
3.1a group of states, the secretary must first determine that the data security protocols are
3.2sufficient to safeguard the information or data shared. If required by such an agreement,
3.3the secretary of state may share the following data from the statewide voter registration
3.4system and data released to the secretary of state under section 171.12, subdivision 7a:
3.5(1) name;
3.6(2) date of birth;
3.7(3) address;
3.8(4) driver's license or state identification card number;
3.9(5) the last four digits of an individual's Social Security number; and
3.10(6) the date that an individual's record was last updated.
3.11If the secretary of state enters into such an agreement, the secretary and county auditors
3.12must process changes to voter records based upon that data in accordance with this section.
3.13Except as otherwise provided in this subdivision, when data is shared with the secretary of
3.14state by another state, the secretary of state must maintain the same data classification that
3.15the data had while it was in the possession of the state providing the data.
3.16 Sec. 3. USE OF FUNDS.
3.17During the biennium ending June 30, 2015, the secretary of state may not use any
3.18funds appropriated to the office, other than appropriations of federal funds or grant funds,
3.19for purposes of an agreement to share information or data related to voter registration
3.20records with an organization governed exclusively by a group of states. During the
3.21biennium ending June 30, 2015, any grant funds received by the secretary of state from an
3.22organization qualified under the Internal Revenue Code, section 501(c)(3), for purposes
3.23of such an agreement are deposited in an account in the special revenue fund and are
3.24appropriated to the secretary of state for purposes of the agreement. The secretary of state
3.25must promptly report to the chairs and ranking minority members of the legislative finance
3.26committees with jurisdiction over the secretary of state on grant funds received.
3.27 Sec. 4. EFFECTIVE DATE.
3.28This act is effective the day following final enactment.
1.3data from Department of Public Safety; authorizing secretary of state to share
1.4certain data; amending Minnesota Statutes 2012, sections 171.12, subdivision 7a;
1.5201.13, subdivision 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 171.12, subdivision 7a, is amended to read:
1.8 Subd. 7a. Disclosure of personal information. The commissioner shall disclose
1.9personal information where the use is related to the operation of a motor vehicle or to
1.10public safety. The use of personal information is related to public safety if it concerns the
1.11physical safety or security of drivers, vehicles, pedestrians, or property. The commissioner
1.12may refuse to disclose data under this subdivision when the commissioner concludes that
1.13the requester is likely to use the data for illegal, improper, or noninvestigative purposes.
1.14 The commissioner shall disclose personal information to the secretary of state for the
1.15purpose of increasing voter registration and improving the accuracy of voter registration
1.16records in the statewide voter registration system. The secretary of state may not retain
1.17data provided by the commissioner under this subdivision for more than 60 days.
1.18 Sec. 2. Minnesota Statutes 2012, section 201.13, subdivision 3, is amended to read:
1.19 Subd. 3. Use of change of address system. (a) At least once each month the
1.20secretary of state shall obtain a list of individuals registered to vote in this state who have
1.21filed with the United States Postal Service a change of their permanent address. The
1.22secretary of state may also periodically obtain a list of individuals with driver's licenses or
1.23state identification cards to identify those who are registered to vote who have applied to
1.24the Department of Public Safety for a replacement driver's license or state identification
2.1card with a different address, and a list of individuals for whom the Department of Public
2.2Safety received notification of a driver's license or state identification card cancellation
2.3due to a change of residency out of state. However, the secretary of state shall not load
2.4data derived from
2.547 days before the state primary or 47 days before a November general election.
2.6(b) If the address is changed to another address in this state, the secretary of state
2.7shall locate the precinct in which the voter resides, if possible. If the secretary of state
2.8is able to locate the precinct in which the voter resides, the secretary must transmit the
2.9information about the changed address by electronic means to the county auditor of the
2.10county in which the new address is located. For addresses for which the secretary of
2.11state is unable to determine the precinct, the secretary may forward information to the
2.12appropriate county auditors for individual review. If the voter has not voted or submitted a
2.13voter registration application since the address change, upon receipt of the information,
2.14the county auditor shall update the voter's address in the statewide voter registration
2.15system. The county auditor shall mail to the voter a notice stating the voter's name,
2.16address, precinct, and polling place, unless the voter's record is challenged due to a felony
2.17conviction, noncitizenship, name change, incompetence, or a court's revocation of voting
2.18rights of individuals under guardianship, in which case the auditor must not mail the
2.19notice. The notice must advise the voter that the voter's voting address has been changed
2.20and that the voter must notify the county auditor within 21 days if the new address is not
2.21the voter's address of residence. The notice must state that it must be returned if it is not
2.22deliverable to the voter at the named address.
2.23 (c) If the change of permanent address is to an address outside this state, the
2.24secretary of state shall notify by electronic means the auditor of the county where the
2.25voter formerly resided that the voter has moved to another state. If the voter has not voted
2.26or submitted a voter registration application since the address change, the county auditor
2.27shall promptly mail to the voter at the voter's new address a notice advising the voter that
2.28the voter's status in the statewide voter registration system will be changed to "inactive"
2.29unless the voter notifies the county auditor within 21 days that the voter is retaining the
2.30former address as the voter's address of residence, except that if the voter's record is
2.31challenged due to a felony conviction, noncitizenship, name change, incompetence, or
2.32a court's revocation of voting rights of individuals under guardianship, the auditor must
2.33not mail the notice. If the notice is not received by the deadline, the county auditor shall
2.34change the voter's status to "inactive" in the statewide voter registration system.
2.35 (d) If, in order to maintain voter registration records, the secretary of state enters
2.36an agreement to share information or data with an organization governed exclusively by
3.1a group of states, the secretary must first determine that the data security protocols are
3.2sufficient to safeguard the information or data shared. If required by such an agreement,
3.3the secretary of state may share the following data from the statewide voter registration
3.4system and data released to the secretary of state under section 171.12, subdivision 7a:
3.5(1) name;
3.6(2) date of birth;
3.7(3) address;
3.8(4) driver's license or state identification card number;
3.9(5) the last four digits of an individual's Social Security number; and
3.10(6) the date that an individual's record was last updated.
3.11If the secretary of state enters into such an agreement, the secretary and county auditors
3.12must process changes to voter records based upon that data in accordance with this section.
3.13Except as otherwise provided in this subdivision, when data is shared with the secretary of
3.14state by another state, the secretary of state must maintain the same data classification that
3.15the data had while it was in the possession of the state providing the data.
3.16 Sec. 3. USE OF FUNDS.
3.17During the biennium ending June 30, 2015, the secretary of state may not use any
3.18funds appropriated to the office, other than appropriations of federal funds or grant funds,
3.19for purposes of an agreement to share information or data related to voter registration
3.20records with an organization governed exclusively by a group of states. During the
3.21biennium ending June 30, 2015, any grant funds received by the secretary of state from an
3.22organization qualified under the Internal Revenue Code, section 501(c)(3), for purposes
3.23of such an agreement are deposited in an account in the special revenue fund and are
3.24appropriated to the secretary of state for purposes of the agreement. The secretary of state
3.25must promptly report to the chairs and ranking minority members of the legislative finance
3.26committees with jurisdiction over the secretary of state on grant funds received.
3.27 Sec. 4. EFFECTIVE DATE.
3.28This act is effective the day following final enactment.
