Bill Text: MN SF625 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Early voting authorization and procedure
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2011-03-07 - Referred to Local Government and Elections [SF625 Detail]
Download: Minnesota-2011-SF625-Introduced.html
1.2relating to elections; providing for early voting;amending Minnesota Statutes
1.32010, sections 201.022, subdivision 1; 203B.001; 203B.01, by adding a
1.4subdivision; 203B.03, subdivision 1; 203B.05, subdivision 1; 203B.081;
1.5203B.121; 204C.10; 206.83; proposing coding for new law in Minnesota
1.6Statutes, chapter 203B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 201.022, subdivision 1, is amended to read:
1.9 Subdivision 1. Establishment. The secretary of state shall maintain a statewide
1.10voter registration system to facilitate voter registration and to provide a central database
1.11containing voter registration information from around the state. The system must be
1.12accessible to the county auditor of each county in the state. The system must also:
1.13(1) provide for voters to submit their voter registration applications to any county
1.14auditor, the secretary of state, or the Department of Public Safety;
1.15(2) provide for the definition, establishment, and maintenance of a central database
1.16for all voter registration information;
1.17(3) provide for entering data into the statewide registration system;
1.18(4) provide for electronic transfer of completed voter registration applications from
1.19the Department of Public Safety to the secretary of state or the county auditor;
1.20(5) assign a unique identifier to each legally registered voter in the state;
1.21(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
1.22state identification number, and last four digits of the Social Security number for each
1.23voter record;
1.24(7) coordinate with other agency databases within the state;
2.1(8) allow county auditors and the secretary of state to add or modify information in
2.2the system to provide for accurate and up-to-date records;
2.3(9) allow county auditors, municipal and school district clerks, and the secretary
2.4of state to have electronic access to the statewide registration system for review and
2.5search capabilities;
2.6(10) provide security and protection of all information in the statewide registration
2.7system and ensure that unauthorized access is not allowed;
2.8(11) provide access to municipal clerks to use the system;
2.9(12) provide a system for each county to identify the precinct to which a voter
2.10should be assigned for voting purposes;
2.11(13) provide daily reports accessible by county auditors on the driver's license
2.12numbers, state identification numbers, or last four digits of the Social Security numbers
2.13submitted on voter registration applications that have been verified as accurate by the
2.14secretary of state;and
2.15(14) provide reports on the number of absentee ballots transmitted to and returned
2.16and cast by voters under section203B.16 .; and
2.17(15) provide rosters, master lists, and other reports necessary for early voting.
2.18The appropriate state or local official shall provide security measures to prevent
2.19unauthorized access to the computerized list established under section201.021 .
2.20 Sec. 2. Minnesota Statutes 2010, section 203B.001, is amended to read:
2.21203B.001 ELECTION LAW APPLICABILITY.
2.22The Minnesota Election Law is applicable to voting by absentee ballot and early
2.23voting unless otherwise provided in this chapter.
2.24 Sec. 3. Minnesota Statutes 2010, section 203B.01, is amended by adding a subdivision
2.25to read:
2.26 Subd. 5. Early voting. "Early voting" means voting in person before election day at
2.27the office of the county auditor or any other location authorized in this chapter within the
2.28time period provided in section 203B.31.
2.29 Sec. 4. Minnesota Statutes 2010, section 203B.03, subdivision 1, is amended to read:
2.30 Subdivision 1. Violation. No individual shall intentionally:
2.31(a) make or sign any false certificate required by this chapter;
2.32(b) make any false or untrue statement in any application for absentee ballots;
3.1(c) apply for absentee ballots more than once in any election with the intent to
3.2cast an illegal ballot;
3.3(d) exhibit a ballot marked by that individual to any other individual;
3.4(e) do any act in violation of the provisions of this chapter for the purpose of casting
3.5an illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;
3.6(f) use information from absentee ballot or early voting materials or records for
3.7purposes unrelated to elections, political activities, or law enforcement;
3.8(g) provide assistance to an absentee or early voter except in the manner provided by
3.9section204C.15, subdivision 1 ;
3.10(h) solicit the vote of an absentee or early voter while in the immediate presence of
3.11the voter during the time the individual knows the absentee or early voter is voting; or
3.12(i) alter an absentee ballot application after it has been signed by the voter, except by
3.13an election official for administrative purposes.
3.14Before inspecting information from absentee ballot or early voting materials or
3.15records, an individual shall provide identification to the public official having custody of
3.16the material or information.
3.17 Sec. 5. Minnesota Statutes 2010, section 203B.05, subdivision 1, is amended to read:
3.18 Subdivision 1. Generally. The full-time clerk of any city or town shall administer
3.19the provisions of sections203B.04 to
203B.15 and 203B.30 to 203B.35 if:
3.20(1) the county auditor of that county has designated the clerk to administer them; or
3.21(2) the clerk has given the county auditor of that county notice of intention to
3.22administer them.
3.23A clerk may only administer the provisions of sections203B.04 to
203B.15 and
3.24203B.30 to 203B.35 if the clerk has technical capacity to access the statewide voter
3.25registration system in the secure manner prescribed by the secretary of state. The secretary
3.26of state must identify hardware, software, security, or other technical prerequisites
3.27necessary to ensure the security, access controls, and performance of the statewide voter
3.28registration system. A clerk must receive training approved by the secretary of state
3.29on the use of the statewide voter registration system before administering this section.
3.30A clerk may not use the statewide voter registration system until the clerk has received
3.31the required training.
3.32 Sec. 6. Minnesota Statutes 2010, section 203B.081, is amended to read:
3.33203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
4.1 An eligible voter may vote by absentee ballot in the office of the county auditor and
4.2at any other polling place designated by the county auditor during the 46 days before:
4.3(1) a regularly scheduled election for federal, state, county, city, or school board
4.4office;
4.5(2) a special election for a federal or county office; and
4.6(3) an election held in conjunction with an election described in clauses (1) and (2),
4.7and during the 30 days before any other election, except that an eligible voter may not
4.8vote by absentee ballot in person during the period for early voting, as provided in section
4.9203B.31. The county auditor shall make such designations at least 14 weeks before the
4.10election. At least one voting booth in each polling place must be made available by the
4.11county auditor for this purpose. The county auditor must also make available at least one
4.12electronic ballot marker in each polling place that has implemented a voting system that is
4.13accessible for individuals with disabilities pursuant to section206.57, subdivision 5 .
4.14 Sec. 7. Minnesota Statutes 2010, section 203B.121, is amended to read:
4.15203B.121 BALLOT BOARDS.
4.16 Subdivision 1. Establishment; applicable laws. (a) The governing body of each
4.17county, municipality, and school district with responsibility to administer early voting or
4.18accept and reject absentee ballots must, by ordinance or resolution, establish a ballot
4.19board. The board must consist of a sufficient number of election judges trained in the
4.20handling of absentee ballots and appointed as provided in sections204B.19 to
204B.22 .
4.21The board may include staff trained as election judges.
4.22(b) Each jurisdiction must pay a reasonable compensation to each member of that
4.23jurisdiction's ballot board for services rendered during an election.
4.24(c) Except as otherwise provided by this section, all provisions of the Minnesota
4.25Election Law apply to a ballot board.
4.26 Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot
4.27board shall take possession of all return envelopes delivered to them in accordance with
4.28section203B.08 . Upon receipt from the county auditor, municipal clerk, or school district
4.29clerk, two or more members of the ballot board shall examine each return envelope and
4.30shall mark it accepted or rejected in the manner provided in this subdivision. Election
4.31judges performing the duties in this section must be of different major political parties,
4.32unless they are exempt from that requirement under section205.075, subdivision 4 , or
4.33section205A.10, subdivision 2 .
5.1(b) The members of the ballot board shall mark the return envelope "Accepted" and
5.2initial or sign the return envelope below the word "Accepted" if a majority of the members
5.3of the ballot board examining the envelope are satisfied that:
5.4(1) the voter's name and address on the return envelope are the same as the
5.5information provided on the absentee ballot application;
5.6(2) the voter signed the certification on the envelope;
5.7(3) the voter's Minnesota driver's license, state identification number, or the last four
5.8digits of the voter's Social Security number are the same as the number provided on the
5.9voter's application for ballots. If the number does not match the number as submitted on
5.10the application, or if a number was not submitted on the application, the election judges
5.11must compare the signature provided by the applicant to determine whether the ballots
5.12were returned by the same person to whom they were transmitted;
5.13(4) the voter is registered and eligible to vote in the precinct or has included a
5.14properly completed voter registration application in the return envelope;
5.15(5) the certificate has been completed as prescribed in the directions for casting an
5.16absentee ballot; and
5.17(6) the voter has not already voted at that election, either in person or, if it is after the
5.18close of business on the fourth day before the election, by absentee ballot.
5.19The return envelope from accepted ballots must be preserved and returned to the
5.20county auditor.
5.21(c)(1) If a majority of the members of the ballot board examining a return envelope
5.22find that an absentee voter has failed to meet one of the requirements provided in
5.23paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the
5.24word "Rejected," list the reason for the rejection on the envelope, and return it to the
5.25county auditor. There is no other reason for rejecting an absentee ballot beyond those
5.26permitted by this section. Failure to place the ballot within the security envelope before
5.27placing it in the outer white envelope is not a reason to reject an absentee ballot.
5.28(2) If an envelope has been rejected at least five days before the election, the
5.29envelope must remain sealed and the official in charge of the ballot board shall provide the
5.30voter with a replacement absentee ballot and return envelope in place of the rejected ballot.
5.31(3) If an envelope is rejected within five days of the election, the envelope must
5.32remain sealed and the official in charge of the ballot board must attempt to contact the
5.33voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
5.34The official must document the attempts made to contact the voter.
5.35(d) The official in charge of the absentee ballot board must mail the voter a written
5.36notice of absentee ballot rejection between six and ten weeks following the election. If the
6.1official determines that the voter has otherwise cast a ballot in the election, no notice is
6.2required. If an absentee ballot arrives after the deadline for submission provided by this
6.3chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A
6.4notice of absentee ballot rejection must contain the following information:
6.5(1) the date on which the absentee ballot was rejected or, if the ballot was received
6.6after the required deadline for submission, the date on which the ballot was received;
6.7(2) the reason for rejection; and
6.8(3) the name of the appropriate election official to whom the voter may direct further
6.9questions, along with appropriate contact information.
6.10(e) An absentee ballot return envelope marked "Rejected" may not be opened or
6.11subject to further review except in an election contest filed pursuant to chapter 209.
6.12 Subd. 2a. Duties of ballot board; early voting. The members of the ballot board
6.13shall administer the process of early voting as prescribed in section 203B.35, and shall
6.14make a record of voters who cast ballots early and count those ballots as provided in
6.15subdivisions 3 and 5.
6.16 Subd. 3. Record of voting. (a) When applicable, the county auditor or municipal
6.17clerk must immediately record that a voter's absentee ballot has been accepted. or that the
6.18voter has cast a ballot pursuant to the early voting procedures provided in this chapter.
6.19After a voter's record indicates that the voter has cast a ballot pursuant to the early voting
6.20procedures in this chapter, or after the close of business on the fourth day before the
6.21election if the record indicates that an absentee ballot has been accepted from the voter,
6.22a voterwhose record indicates that an absentee ballot has been accepted must not be
6.23permitted to cast another ballot at that election. In a state primary, general, or state special
6.24election for federal or state office, the auditor or clerk must also record this information
6.25in the statewide voter registration system.
6.26(b) The roster must be marked, and a supplemental report ofabsentee voters who
6.27submitted a voter registration application with their ballot must be created, no later than
6.28the start of voting on election day to indicate the voters that have already cast a ballot at
6.29the election. The roster may be marked either:
6.30(1) by the county auditor or municipal clerk before election day;
6.31(2) by the ballot board before election day; or
6.32(3) by the election judges at the polling place on election day.
6.33The record of a voter whose absentee ballot was received after the close of business
6.34on the fourth day before the election is not required to be marked on the roster or contained
6.35in a supplemental report as required by this paragraph.
7.1 Subd. 4. Opening of envelopes. After the close of business on the fourth day
7.2before the election, the ballots from return envelopes marked "Accepted" may be opened,
7.3duplicated as needed in the manner provided in section206.86, subdivision 5 , initialed by
7.4the members of the ballot board, and deposited in the appropriate ballot box. If more than
7.5one ballot is enclosed in the ballot envelope, the ballots must be returned in the manner
7.6provided by section204C.25 for return of spoiled ballots, and may not be counted.
7.7 Subd. 5. Storage and counting of early and absentee ballots. (a) On a day on
7.8which early or absentee ballots are inserted into a ballot box, two members of the ballot
7.9board must:
7.10(1) remove the ballots from the ballot box at the end of the day;
7.11(2) without inspecting the ballots, ensure that the number of ballots removed from
7.12the ballot box is equal to the number of voters who cast early ballots or whose absentee
7.13ballots wereaccepted inserted into the box that day; and
7.14(3) seal and secure all voted and unvoted ballots present in that location at the end
7.15of the day.
7.16(b) After the polls have closed on election day, two members of the ballot board
7.17must count the ballots, tabulating the vote in a manner that indicates each vote of the voter
7.18and the total votes cast for each candidate or question. In state primary and state general
7.19elections, the results must indicate the total votes cast for each candidate or question in
7.20each precinct and report the vote totals tabulated for each precinct. The count shall be
7.21public. No vote totals from ballots may be made public before the close of voting on
7.22election day.
7.23In state primary and state general elections, these vote totals shall be added to the
7.24vote totals on the summary statements of the returns for the appropriate precinct. In other
7.25elections, these vote totals may be added to the vote totals on the summary statement of
7.26returns for the appropriate precinct or may be reported as a separate total.
7.27(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
7.28completed previously, the members of the ballot board must verify as soon as possible, but
7.29no later than 24 hours after the end of the hours for voting, that voters whose absentee
7.30ballots arrived after the rosters were marked or supplemental reports were generated
7.31and whose ballots were accepted did not vote in person on election day. An absentee
7.32ballot submitted by a voter who has voted in person on election day must be rejected. All
7.33other accepted absentee ballots must be opened, duplicated if necessary, and counted by
7.34members of the ballot board. The vote totals from these ballots must be incorporated into
7.35the totals with the other absentee ballots and handled according to paragraph (b).
8.1 Sec. 8. [203B.30] EARLY VOTING.
8.2An eligible voter may vote in person before election day in the manner provided
8.3in sections 203B.31 to 203B.35.
8.4 Sec. 9. [203B.31] TIME PERIOD FOR EARLY VOTING.
8.5Early voting must be available to an eligible voter as provided in section 203B.32 for
8.6every primary, general, and special election from 15 days before the election through 5:00
8.7p.m. on the fourth day before the election. All voters in line at 5:00 p.m. on the fourth day
8.8before the election must be allowed to vote.
8.9 Sec. 10. [203B.32] HOURS FOR EARLY VOTING.
8.10Early voting must be available between the hours of 8:00 a.m. and 4:30 p.m. on
8.11each weekday during the time period provided in section 203B.31, unless one of these
8.12days is a holiday, in which case early voting will not be available on that day; from 8:00
8.13a.m. to 8:00 p.m. on at least one of those days; and from 10:00 a.m. to 3:00 p.m. on
8.14the second Saturday before the election.
8.15 Sec. 11. [203B.33] LOCATIONS FOR EARLY VOTING.
8.16(a) Early voting must be made available at a polling place designated in the county
8.17auditor's office, at the municipal clerk's office in every municipality that has been
8.18delegated the responsibility to administer absentee voting as provided in section 203B.05,
8.19and at any other location designated at least 90 days before the election by the county
8.20auditor or municipal clerk. At least one voting station and one ballot marking device for
8.21disabled voters must be made available in each polling place.
8.22(b) The county auditor must make at least one ballot box available in each polling
8.23place. As soon as practicable following the public accuracy test, the county auditor must
8.24make an electronic ballot counter available.
8.25 Sec. 12. [203B.34] NOTICE TO VOTERS.
8.26The county auditor must prepare a notice to the voters of the days, times, and
8.27locations for early voting. This notice must be posted on the county's Web site and the
8.28Web site for each municipality in the county where an early voting location is designated
8.29for the election at least 14 days before the first day for early voting.
8.30 Sec. 13. [203B.35] PROCEDURES FOR EARLY VOTING.
9.1 Subdivision 1. Voting procedure. Each voter shall sign an early voting roster that
9.2includes the certification provided in section 204C.10. An individual who is not registered
9.3to vote must register in the manner provided in section 201.061, subdivision 3. Ballots
9.4must be prepared and distributed by members of the ballot board in the manner provided
9.5in sections 204C.09 and 204C.10. The voter must mark the ballot and deposit it in either a
9.6precinct voting system or a sealed ballot box. A voter may not leave the polling place
9.7with the ballot.
9.8 Subd. 2. Processing of ballots. Ballots cast pursuant to sections 203B.30 to 203B.35
9.9must be processed and counted by a ballot board, and a record that voters who cast a ballot
9.10early have voted at the election must be created, as required in section 203B.121.
9.11 Sec. 14. Minnesota Statutes 2010, section 204C.10, is amended to read:
9.12204C.10 PERMANENT REGISTRATION; VERIFICATION OF
9.13REGISTRATION.
9.14(a) An individual seeking to vote shall sign a polling place rosterwhich states
9.15that the individual is at least 18 years of age, a citizen of the United States, has resided
9.16in Minnesota for 20 days immediately preceding the election, maintains residence at
9.17the address shown, is not under a guardianship in which the court order revokes the
9.18individual's right to vote, has not been found by a court of law to be legally incompetent
9.19to vote or has the right to vote because, if the individual was convicted of a felony, the
9.20felony sentence has expired or been completed or the individual has been discharged from
9.21the sentence, is registered and has not already voted in the election. The roster must also
9.22state: ". The polling place roster must state: "I certify that I have not already voted in
9.23this election and after casting my ballot today, I will not vote again in this election. I
9.24certify that I am at least 18 years of age and a citizen of the United States; that I reside at
9.25the address shown and have resided in Minnesota for 20 days immediately preceding this
9.26election; that I am not under guardianship of the person in which the court order revokes
9.27my right to vote, have not been found by a court to be legally incompetent to vote, and
9.28that if convicted of a felony, my felony sentence has expired (been completed) or I have
9.29been discharged from my sentence; and that I am registered and will be voting only in this
9.30precinct. I understand that deliberately providing false information is a felony punishable
9.31by not more than five years imprisonment and a fine of not more than $10,000, or both."
9.32The words "I have not already voted in this election" and "I understand that deliberately
9.33providing false information is a felony" must be in bold type.
9.34(b) A judge may, before the applicant signs the roster, confirm the applicant's name,
9.35address, and date of birth.
10.1(c) After the applicant signs the roster, the judge shall give the applicant a voter's
10.2receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
10.3of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
10.4voters' receipts must be maintained during the time for notice of filing an election contest.
10.5 Sec. 15. Minnesota Statutes 2010, section 206.83, is amended to read:
10.6206.83 TESTING OF VOTING SYSTEMS.
10.7Within 14 days before election day, The official in charge of elections shall have
10.8the voting system tested to ascertain that the system will correctly mark ballots using all
10.9methods supported by the system, including through assistive technology, and count the
10.10votes cast for all candidates and on all questions. Public notice of the time and place of the
10.11test must be given at least two days in advance by publication once in official newspapers.
10.12The test must be observed by at least two election judges, who are not of the same major
10.13political party, and must be open to representatives of the political parties, candidates, the
10.14press, and the public. The test must be conducted by (1) processing a preaudited group
10.15of ballots punched or marked to record a predetermined number of valid votes for each
10.16candidate and on each question, and must include for each office one or more ballot cards
10.17which have votes in excess of the number allowed by law in order to test the ability of
10.18the voting system tabulator and electronic ballot marker to reject those votes; and (2)
10.19processing an additional test deck of ballots marked using the electronic ballot marker
10.20for the precinct, including ballots marked using the electronic ballot display, audio ballot
10.21reader, and any assistive voting technology used with the electronic ballot marker. If any
10.22error is detected, the cause must be ascertained and corrected and an errorless count must
10.23be made before the voting system may be used in the election. After the completion of
10.24the test, the programs used and ballot cards must be sealed, retained, and disposed of as
10.25provided for paper ballots.
10.26Testing of equipment used for early voting must be conducted as soon as practicable
10.27after the equipment has been programmed. Testing of equipment used on the day of the
10.28election must be conducted within the 14 days before election day.
10.29 Sec. 16. EFFECTIVE DATE; APPLICABILITY.
10.30Section 14 is effective July 1, 2012, for all elections held after that date. Sections 1
10.31to 13 and 15 are effective on June 25, 2012, for all federal, state, county, and city elections
10.32or, if voting equipment that can tabulate at least 30 different ballot styles has not been
10.33certified for use in this state by that date, 45 days before the next state primary or general
11.1election held after this voting equipment is certified. Sections 1 to 13 and 15 are effective
11.2for all elections held after January 1, 2015.
1.32010, sections 201.022, subdivision 1; 203B.001; 203B.01, by adding a
1.4subdivision; 203B.03, subdivision 1; 203B.05, subdivision 1; 203B.081;
1.5203B.121; 204C.10; 206.83; proposing coding for new law in Minnesota
1.6Statutes, chapter 203B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 201.022, subdivision 1, is amended to read:
1.9 Subdivision 1. Establishment. The secretary of state shall maintain a statewide
1.10voter registration system to facilitate voter registration and to provide a central database
1.11containing voter registration information from around the state. The system must be
1.12accessible to the county auditor of each county in the state. The system must also:
1.13(1) provide for voters to submit their voter registration applications to any county
1.14auditor, the secretary of state, or the Department of Public Safety;
1.15(2) provide for the definition, establishment, and maintenance of a central database
1.16for all voter registration information;
1.17(3) provide for entering data into the statewide registration system;
1.18(4) provide for electronic transfer of completed voter registration applications from
1.19the Department of Public Safety to the secretary of state or the county auditor;
1.20(5) assign a unique identifier to each legally registered voter in the state;
1.21(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
1.22state identification number, and last four digits of the Social Security number for each
1.23voter record;
1.24(7) coordinate with other agency databases within the state;
2.1(8) allow county auditors and the secretary of state to add or modify information in
2.2the system to provide for accurate and up-to-date records;
2.3(9) allow county auditors, municipal and school district clerks, and the secretary
2.4of state to have electronic access to the statewide registration system for review and
2.5search capabilities;
2.6(10) provide security and protection of all information in the statewide registration
2.7system and ensure that unauthorized access is not allowed;
2.8(11) provide access to municipal clerks to use the system;
2.9(12) provide a system for each county to identify the precinct to which a voter
2.10should be assigned for voting purposes;
2.11(13) provide daily reports accessible by county auditors on the driver's license
2.12numbers, state identification numbers, or last four digits of the Social Security numbers
2.13submitted on voter registration applications that have been verified as accurate by the
2.14secretary of state;
2.15(14) provide reports on the number of absentee ballots transmitted to and returned
2.16and cast by voters under section
2.17(15) provide rosters, master lists, and other reports necessary for early voting.
2.18The appropriate state or local official shall provide security measures to prevent
2.19unauthorized access to the computerized list established under section
2.20 Sec. 2. Minnesota Statutes 2010, section 203B.001, is amended to read:
2.21203B.001 ELECTION LAW APPLICABILITY.
2.22The Minnesota Election Law is applicable to voting by absentee ballot and early
2.23voting unless otherwise provided in this chapter.
2.24 Sec. 3. Minnesota Statutes 2010, section 203B.01, is amended by adding a subdivision
2.25to read:
2.26 Subd. 5. Early voting. "Early voting" means voting in person before election day at
2.27the office of the county auditor or any other location authorized in this chapter within the
2.28time period provided in section 203B.31.
2.29 Sec. 4. Minnesota Statutes 2010, section 203B.03, subdivision 1, is amended to read:
2.30 Subdivision 1. Violation. No individual shall intentionally:
2.31(a) make or sign any false certificate required by this chapter;
2.32(b) make any false or untrue statement in any application for absentee ballots;
3.1(c) apply for absentee ballots more than once in any election with the intent to
3.2cast an illegal ballot;
3.3(d) exhibit a ballot marked by that individual to any other individual;
3.4(e) do any act in violation of the provisions of this chapter for the purpose of casting
3.5an illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;
3.6(f) use information from absentee ballot or early voting materials or records for
3.7purposes unrelated to elections, political activities, or law enforcement;
3.8(g) provide assistance to an absentee or early voter except in the manner provided by
3.9section
3.10(h) solicit the vote of an absentee or early voter while in the immediate presence of
3.11the voter during the time the individual knows the absentee or early voter is voting; or
3.12(i) alter an absentee ballot application after it has been signed by the voter, except by
3.13an election official for administrative purposes.
3.14Before inspecting information from absentee ballot or early voting materials or
3.15records, an individual shall provide identification to the public official having custody of
3.16the material or information.
3.17 Sec. 5. Minnesota Statutes 2010, section 203B.05, subdivision 1, is amended to read:
3.18 Subdivision 1. Generally. The full-time clerk of any city or town shall administer
3.19the provisions of sections
3.20(1) the county auditor of that county has designated the clerk to administer them; or
3.21(2) the clerk has given the county auditor of that county notice of intention to
3.22administer them.
3.23A clerk may only administer the provisions of sections
3.24203B.30 to 203B.35 if the clerk has technical capacity to access the statewide voter
3.25registration system in the secure manner prescribed by the secretary of state. The secretary
3.26of state must identify hardware, software, security, or other technical prerequisites
3.27necessary to ensure the security, access controls, and performance of the statewide voter
3.28registration system. A clerk must receive training approved by the secretary of state
3.29on the use of the statewide voter registration system before administering this section.
3.30A clerk may not use the statewide voter registration system until the clerk has received
3.31the required training.
3.32 Sec. 6. Minnesota Statutes 2010, section 203B.081, is amended to read:
3.33203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
4.1 An eligible voter may vote by absentee ballot in the office of the county auditor and
4.2at any other polling place designated by the county auditor during the 46 days before:
4.3(1) a regularly scheduled election for federal, state, county, city, or school board
4.4office;
4.5(2) a special election for a federal or county office; and
4.6(3) an election held in conjunction with an election described in clauses (1) and (2),
4.7and during the 30 days before any other election, except that an eligible voter may not
4.8vote by absentee ballot in person during the period for early voting, as provided in section
4.9203B.31. The county auditor shall make such designations at least 14 weeks before the
4.10election. At least one voting booth in each polling place must be made available by the
4.11county auditor for this purpose. The county auditor must also make available at least one
4.12electronic ballot marker in each polling place that has implemented a voting system that is
4.13accessible for individuals with disabilities pursuant to section
4.14 Sec. 7. Minnesota Statutes 2010, section 203B.121, is amended to read:
4.15203B.121 BALLOT BOARDS.
4.16 Subdivision 1. Establishment; applicable laws. (a) The governing body of each
4.17county, municipality, and school district with responsibility to administer early voting or
4.18accept and reject absentee ballots must, by ordinance or resolution, establish a ballot
4.19board. The board must consist of a sufficient number of election judges trained in the
4.20handling of absentee ballots and appointed as provided in sections
4.21The board may include staff trained as election judges.
4.22(b) Each jurisdiction must pay a reasonable compensation to each member of that
4.23jurisdiction's ballot board for services rendered during an election.
4.24(c) Except as otherwise provided by this section, all provisions of the Minnesota
4.25Election Law apply to a ballot board.
4.26 Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot
4.27board shall take possession of all return envelopes delivered to them in accordance with
4.28section
4.29clerk, two or more members of the ballot board shall examine each return envelope and
4.30shall mark it accepted or rejected in the manner provided in this subdivision. Election
4.31judges performing the duties in this section must be of different major political parties,
4.32unless they are exempt from that requirement under section
4.33section
5.1(b) The members of the ballot board shall mark the return envelope "Accepted" and
5.2initial or sign the return envelope below the word "Accepted" if a majority of the members
5.3of the ballot board examining the envelope are satisfied that:
5.4(1) the voter's name and address on the return envelope are the same as the
5.5information provided on the absentee ballot application;
5.6(2) the voter signed the certification on the envelope;
5.7(3) the voter's Minnesota driver's license, state identification number, or the last four
5.8digits of the voter's Social Security number are the same as the number provided on the
5.9voter's application for ballots. If the number does not match the number as submitted on
5.10the application, or if a number was not submitted on the application, the election judges
5.11must compare the signature provided by the applicant to determine whether the ballots
5.12were returned by the same person to whom they were transmitted;
5.13(4) the voter is registered and eligible to vote in the precinct or has included a
5.14properly completed voter registration application in the return envelope;
5.15(5) the certificate has been completed as prescribed in the directions for casting an
5.16absentee ballot; and
5.17(6) the voter has not already voted at that election, either in person or, if it is after the
5.18close of business on the fourth day before the election, by absentee ballot.
5.19The return envelope from accepted ballots must be preserved and returned to the
5.20county auditor.
5.21(c)(1) If a majority of the members of the ballot board examining a return envelope
5.22find that an absentee voter has failed to meet one of the requirements provided in
5.23paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the
5.24word "Rejected," list the reason for the rejection on the envelope, and return it to the
5.25county auditor. There is no other reason for rejecting an absentee ballot beyond those
5.26permitted by this section. Failure to place the ballot within the security envelope before
5.27placing it in the outer white envelope is not a reason to reject an absentee ballot.
5.28(2) If an envelope has been rejected at least five days before the election, the
5.29envelope must remain sealed and the official in charge of the ballot board shall provide the
5.30voter with a replacement absentee ballot and return envelope in place of the rejected ballot.
5.31(3) If an envelope is rejected within five days of the election, the envelope must
5.32remain sealed and the official in charge of the ballot board must attempt to contact the
5.33voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
5.34The official must document the attempts made to contact the voter.
5.35(d) The official in charge of the absentee ballot board must mail the voter a written
5.36notice of absentee ballot rejection between six and ten weeks following the election. If the
6.1official determines that the voter has otherwise cast a ballot in the election, no notice is
6.2required. If an absentee ballot arrives after the deadline for submission provided by this
6.3chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A
6.4notice of absentee ballot rejection must contain the following information:
6.5(1) the date on which the absentee ballot was rejected or, if the ballot was received
6.6after the required deadline for submission, the date on which the ballot was received;
6.7(2) the reason for rejection; and
6.8(3) the name of the appropriate election official to whom the voter may direct further
6.9questions, along with appropriate contact information.
6.10(e) An absentee ballot return envelope marked "Rejected" may not be opened or
6.11subject to further review except in an election contest filed pursuant to chapter 209.
6.12 Subd. 2a. Duties of ballot board; early voting. The members of the ballot board
6.13shall administer the process of early voting as prescribed in section 203B.35, and shall
6.14make a record of voters who cast ballots early and count those ballots as provided in
6.15subdivisions 3 and 5.
6.16 Subd. 3. Record of voting. (a) When applicable, the county auditor or municipal
6.17clerk must immediately record that a voter's absentee ballot has been accepted
6.18voter has cast a ballot pursuant to the early voting procedures provided in this chapter.
6.19After a voter's record indicates that the voter has cast a ballot pursuant to the early voting
6.20procedures in this chapter, or after the close of business on the fourth day before the
6.21election if the record indicates that an absentee ballot has been accepted from the voter,
6.22a voter
6.23permitted to cast another ballot at that election. In a state primary, general, or state special
6.24election for federal or state office, the auditor or clerk must also record this information
6.25in the statewide voter registration system.
6.26(b) The roster must be marked, and a supplemental report of
6.27submitted a voter registration application with their ballot must be created, no later than
6.28the start of voting on election day to indicate the voters that have already cast a ballot at
6.29the election. The roster may be marked either:
6.30(1) by the county auditor or municipal clerk before election day;
6.31(2) by the ballot board before election day; or
6.32(3) by the election judges at the polling place on election day.
6.33The record of a voter whose absentee ballot was received after the close of business
6.34on the fourth day before the election is not required to be marked on the roster or contained
6.35in a supplemental report as required by this paragraph.
7.1 Subd. 4. Opening of envelopes. After the close of business on the fourth day
7.2before the election, the ballots from return envelopes marked "Accepted" may be opened,
7.3duplicated as needed in the manner provided in section
7.4the members of the ballot board, and deposited in the appropriate ballot box. If more than
7.5one ballot is enclosed in the ballot envelope, the ballots must be returned in the manner
7.6provided by section
7.7 Subd. 5. Storage and counting of early and absentee ballots. (a) On a day on
7.8which early or absentee ballots are inserted into a ballot box, two members of the ballot
7.9board must:
7.10(1) remove the ballots from the ballot box at the end of the day;
7.11(2) without inspecting the ballots, ensure that the number of ballots removed from
7.12the ballot box is equal to the number of voters who cast early ballots or whose absentee
7.13ballots were
7.14(3) seal and secure all voted and unvoted ballots present in that location at the end
7.15of the day.
7.16(b) After the polls have closed on election day, two members of the ballot board
7.17must count the ballots, tabulating the vote in a manner that indicates each vote of the voter
7.18and the total votes cast for each candidate or question. In state primary and state general
7.19elections, the results must indicate the total votes cast for each candidate or question in
7.20each precinct and report the vote totals tabulated for each precinct. The count shall be
7.21public. No vote totals from ballots may be made public before the close of voting on
7.22election day.
7.23In state primary and state general elections, these vote totals shall be added to the
7.24vote totals on the summary statements of the returns for the appropriate precinct. In other
7.25elections, these vote totals may be added to the vote totals on the summary statement of
7.26returns for the appropriate precinct or may be reported as a separate total.
7.27(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
7.28completed previously, the members of the ballot board must verify as soon as possible, but
7.29no later than 24 hours after the end of the hours for voting, that voters whose absentee
7.30ballots arrived after the rosters were marked or supplemental reports were generated
7.31and whose ballots were accepted did not vote in person on election day. An absentee
7.32ballot submitted by a voter who has voted in person on election day must be rejected. All
7.33other accepted absentee ballots must be opened, duplicated if necessary, and counted by
7.34members of the ballot board. The vote totals from these ballots must be incorporated into
7.35the totals with the other absentee ballots and handled according to paragraph (b).
8.1 Sec. 8. [203B.30] EARLY VOTING.
8.2An eligible voter may vote in person before election day in the manner provided
8.3in sections 203B.31 to 203B.35.
8.4 Sec. 9. [203B.31] TIME PERIOD FOR EARLY VOTING.
8.5Early voting must be available to an eligible voter as provided in section 203B.32 for
8.6every primary, general, and special election from 15 days before the election through 5:00
8.7p.m. on the fourth day before the election. All voters in line at 5:00 p.m. on the fourth day
8.8before the election must be allowed to vote.
8.9 Sec. 10. [203B.32] HOURS FOR EARLY VOTING.
8.10Early voting must be available between the hours of 8:00 a.m. and 4:30 p.m. on
8.11each weekday during the time period provided in section 203B.31, unless one of these
8.12days is a holiday, in which case early voting will not be available on that day; from 8:00
8.13a.m. to 8:00 p.m. on at least one of those days; and from 10:00 a.m. to 3:00 p.m. on
8.14the second Saturday before the election.
8.15 Sec. 11. [203B.33] LOCATIONS FOR EARLY VOTING.
8.16(a) Early voting must be made available at a polling place designated in the county
8.17auditor's office, at the municipal clerk's office in every municipality that has been
8.18delegated the responsibility to administer absentee voting as provided in section 203B.05,
8.19and at any other location designated at least 90 days before the election by the county
8.20auditor or municipal clerk. At least one voting station and one ballot marking device for
8.21disabled voters must be made available in each polling place.
8.22(b) The county auditor must make at least one ballot box available in each polling
8.23place. As soon as practicable following the public accuracy test, the county auditor must
8.24make an electronic ballot counter available.
8.25 Sec. 12. [203B.34] NOTICE TO VOTERS.
8.26The county auditor must prepare a notice to the voters of the days, times, and
8.27locations for early voting. This notice must be posted on the county's Web site and the
8.28Web site for each municipality in the county where an early voting location is designated
8.29for the election at least 14 days before the first day for early voting.
8.30 Sec. 13. [203B.35] PROCEDURES FOR EARLY VOTING.
9.1 Subdivision 1. Voting procedure. Each voter shall sign an early voting roster that
9.2includes the certification provided in section 204C.10. An individual who is not registered
9.3to vote must register in the manner provided in section 201.061, subdivision 3. Ballots
9.4must be prepared and distributed by members of the ballot board in the manner provided
9.5in sections 204C.09 and 204C.10. The voter must mark the ballot and deposit it in either a
9.6precinct voting system or a sealed ballot box. A voter may not leave the polling place
9.7with the ballot.
9.8 Subd. 2. Processing of ballots. Ballots cast pursuant to sections 203B.30 to 203B.35
9.9must be processed and counted by a ballot board, and a record that voters who cast a ballot
9.10early have voted at the election must be created, as required in section 203B.121.
9.11 Sec. 14. Minnesota Statutes 2010, section 204C.10, is amended to read:
9.12204C.10 PERMANENT REGISTRATION; VERIFICATION OF
9.13REGISTRATION.
9.14(a) An individual seeking to vote shall sign a polling place roster
9.15
9.16
9.17
9.18
9.19
9.20
9.21
9.22
9.23this election and after casting my ballot today, I will not vote again in this election. I
9.24certify that I am at least 18 years of age and a citizen of the United States; that I reside at
9.25the address shown and have resided in Minnesota for 20 days immediately preceding this
9.26election; that I am not under guardianship of the person in which the court order revokes
9.27my right to vote, have not been found by a court to be legally incompetent to vote, and
9.28that if convicted of a felony, my felony sentence has expired (been completed) or I have
9.29been discharged from my sentence; and that I am registered and will be voting only in this
9.30precinct. I understand that deliberately providing false information is a felony punishable
9.31by not more than five years imprisonment and a fine of not more than $10,000, or both."
9.32The words "I have not already voted in this election" and "I understand that deliberately
9.33providing false information is a felony" must be in bold type.
9.34(b) A judge may, before the applicant signs the roster, confirm the applicant's name,
9.35address, and date of birth.
10.1(c) After the applicant signs the roster, the judge shall give the applicant a voter's
10.2receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
10.3of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
10.4voters' receipts must be maintained during the time for notice of filing an election contest.
10.5 Sec. 15. Minnesota Statutes 2010, section 206.83, is amended to read:
10.6206.83 TESTING OF VOTING SYSTEMS.
10.7
10.8the voting system tested to ascertain that the system will correctly mark ballots using all
10.9methods supported by the system, including through assistive technology, and count the
10.10votes cast for all candidates and on all questions. Public notice of the time and place of the
10.11test must be given at least two days in advance by publication once in official newspapers.
10.12The test must be observed by at least two election judges, who are not of the same major
10.13political party, and must be open to representatives of the political parties, candidates, the
10.14press, and the public. The test must be conducted by (1) processing a preaudited group
10.15of ballots punched or marked to record a predetermined number of valid votes for each
10.16candidate and on each question, and must include for each office one or more ballot cards
10.17which have votes in excess of the number allowed by law in order to test the ability of
10.18the voting system tabulator and electronic ballot marker to reject those votes; and (2)
10.19processing an additional test deck of ballots marked using the electronic ballot marker
10.20for the precinct, including ballots marked using the electronic ballot display, audio ballot
10.21reader, and any assistive voting technology used with the electronic ballot marker. If any
10.22error is detected, the cause must be ascertained and corrected and an errorless count must
10.23be made before the voting system may be used in the election. After the completion of
10.24the test, the programs used and ballot cards must be sealed, retained, and disposed of as
10.25provided for paper ballots.
10.26Testing of equipment used for early voting must be conducted as soon as practicable
10.27after the equipment has been programmed. Testing of equipment used on the day of the
10.28election must be conducted within the 14 days before election day.
10.29 Sec. 16. EFFECTIVE DATE; APPLICABILITY.
10.30Section 14 is effective July 1, 2012, for all elections held after that date. Sections 1
10.31to 13 and 15 are effective on June 25, 2012, for all federal, state, county, and city elections
10.32or, if voting equipment that can tabulate at least 30 different ballot styles has not been
10.33certified for use in this state by that date, 45 days before the next state primary or general
11.1election held after this voting equipment is certified. Sections 1 to 13 and 15 are effective
11.2for all elections held after January 1, 2015.
