Bill Text: MN HF1489 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Voting status notices required, affirmative defense provided, duties and requirements eliminated, and working group created.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-14 - Introduction and first reading, referred to Government Operations and Elections [HF1489 Detail]
Download: Minnesota-2011-HF1489-Introduced.html
1.2relating to elections; requiring certain notices; providing an affirmative defense;
1.3eliminating certain duties and requirements; creating a working group; requiring
1.4a report;amending Minnesota Statutes 2010, sections 201.054, by adding a
1.5subdivision; 201.155; 201.275; repealing Minnesota Statutes 2010, section
1.6201.157.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 201.054, is amended by adding a
1.9subdivision to read:
1.10 Subd. 4. Affirmative defense. It is an affirmative defense to a prosecution for
1.11violation of subdivision 2, paragraph (a), that:
1.12(1) the individual requested, in writing, that the county auditor of the county in
1.13which the individual resides withdraw the individual's registration;
1.14(2) the individual has not voted under the registration; and
1.15(3) the request to withdraw was made before any complaint was filed charging
1.16the violation.
1.17 Sec. 2. Minnesota Statutes 2010, section 201.155, is amended to read:
1.18201.155 REPORTON FELONY CONVICTIONS OF CONVICTED FELONS
1.19UNDER COUNTY SUPERVISION; NOTICE.
1.20 Subdivision 1. Notice of voting rights status.Pursuant to the Help America Vote
1.21Act of 2002, Public Law 107-252, the state court administrator shall report regularly by
1.22electronic means to the secretary of state the name, address, date of birth, and, if available,
1.23driver's license or state identification card number, date of sentence, effective date of the
1.24sentence, and county in which the conviction occurred of each person who has been
2.1convicted of a felony. The state court administrator shall also report the name, address,
2.2and date of birth of each person previously convicted of a felony whose civil rights have
2.3been restored. The secretary of state shall determine if any of the persons in the report is
2.4registered to vote and shall prepare a list of those registrants for each county auditor. The
2.5county auditor shall change the status of those registrants in the appropriate manner in
2.6the statewide registration system.
2.7The corrections official for each county shall provide documented notice of voting
2.8rights status to each person serving a felony sentence who is under the county's supervision
2.9or was under the county's supervision at any time during the prior year. The notice must
2.10be provided not later than 18 weeks before the first Tuesday after the first Monday in
2.11November of each year. The notice must be provided to:
2.12(1) persons who are scheduled to remain on probation through the general election;
2.13(2) persons who are scheduled to complete probation and be restored to their civil
2.14rights after the notice is sent but before the next general election; and
2.15(3) persons who have completed probation and have had their civil rights restored
2.16in the last year.
2.17The notice must include an email address and telephone number to contact the county
2.18corrections official and the appropriate county auditor.
2.19 Subd. 2. Inactive record; notice. The county corrections official shall forward to
2.20the secretary of state an electronic list of persons who were notified under this section.
2.21The secretary of state shall compare the names on the list with records in the statewide
2.22registration system and forward the names of voters for whom there is a match to the
2.23county auditor of the county where the person is registered to vote. If a person received
2.24notice under subdivision 1, clause (1) or (2), the county auditor shall change the voter's
2.25status to inactive and shall send the person notice of the action. A voter affected by this
2.26action may appeal the decision to make the voter's record inactive by written request to
2.27the county auditor no later than 28 days after the date of the notice to the voter. If a
2.28person received notice under subdivision 1, clause (3), the county auditor shall remove the
2.29challenge from the person's voting record.
2.30 Subd. 3. Ineligible voters; investigation. Within 16 weeks after the general
2.31election, the secretary of state shall compare the list of persons who received notice under
2.32subdivision 1, clause (1), with the list of persons who voted in the primary or general
2.33election and forward names of those persons who both voted in the primary or general
2.34election and received the notice provided in subdivision 1, clause (1), to the appropriate
2.35county attorney for investigation. No later than March 1 of each year, the secretary of state
2.36shall report to the chairs of the house and senate committees with jurisdiction over election
3.1law on the number of persons who both received the notice provided in subdivision 1,
3.2clause (1), and voted in the subsequent primary or general election.
3.3 Subd. 4. Best practices working group on voting rights. The secretary of state
3.4shall chair and convene a working group to develop and distribute to all county auditors,
3.5county attorneys, and county corrections officials, forms to be used and related best
3.6practices on the following:
3.7(1) notice to convicted felons appearing on voter registration applications;
3.8(2) notice to convicted felons appearing on polling place rosters;
3.9(3) notice to convicted felons at polling places;
3.10(4) notice to felons at the time of conviction;
3.11(5) notice to felons of loss of the right to vote in sentencing forms, probation
3.12agreements, and other criminal justice system documents; and
3.13(6) procedures for accurately resolving questions concerning the eligibility of
3.14persons serving felony sentences.
3.15The working group must include the secretary of state, the commissioner of corrections
3.16or the commissioner's designee, the state court administrator or the administrator's
3.17designee, one corrections representative designated by the Minnesota Association of
3.18County Probation Officers, one corrections representative designated by the Minnesota
3.19Association of Community Corrections Act Counties, two county auditors designated by
3.20the Minnesota Association of County Auditors and Treasurers, one from a metropolitan
3.21area and one from greater Minnesota, and two county attorney representatives designated
3.22by the Minnesota County Attorneys Association, one from a metropolitan area and one
3.23from greater Minnesota.
3.24By January 15, 2012, the working group shall submit a report outlining its work
3.25to the chairs and ranking minority members of the house and senate committees with
3.26jurisdiction over criminal justice and election policy and finance.
3.27 Sec. 3. Minnesota Statutes 2010, section 201.275, is amended to read:
3.28201.275 INVESTIGATIONS; PROSECUTIONS.
3.29A county attorney who is notified by affidavit of an alleged violation of this chapter
3.30Law enforcement shall promptly investigate alleged violations of this chapter. If there
3.31is probable cause for instituting a prosecution, the county attorney shall proceedby
3.32complaint or present the charge, with whatever evidence has been found, to the grand jury.
3.33A county attorney who refuses or intentionally fails to faithfully perform this or any other
3.34duty imposed by this chapter is guilty of a misdemeanor and upon conviction shall forfeit
3.35office. The county attorney, under the penalty of forfeiture of office, shall prosecute all
4.1violations of this chapter except violations of this section; if, however, a complainant
4.2withdraws an allegation under this chapter, the county attorney is not required to proceed
4.3with the prosecution in accordance with the American Bar Association Criminal Justice
4.4Section standards regarding the prosecution function.
4.5 Sec. 4. REPEALER.
4.6Minnesota Statutes 2010, section 201.157, is repealed.
1.3eliminating certain duties and requirements; creating a working group; requiring
1.4a report;amending Minnesota Statutes 2010, sections 201.054, by adding a
1.5subdivision; 201.155; 201.275; repealing Minnesota Statutes 2010, section
1.6201.157.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 201.054, is amended by adding a
1.9subdivision to read:
1.10 Subd. 4. Affirmative defense. It is an affirmative defense to a prosecution for
1.11violation of subdivision 2, paragraph (a), that:
1.12(1) the individual requested, in writing, that the county auditor of the county in
1.13which the individual resides withdraw the individual's registration;
1.14(2) the individual has not voted under the registration; and
1.15(3) the request to withdraw was made before any complaint was filed charging
1.16the violation.
1.17 Sec. 2. Minnesota Statutes 2010, section 201.155, is amended to read:
1.18201.155 REPORT
1.19UNDER COUNTY SUPERVISION; NOTICE.
1.20 Subdivision 1. Notice of voting rights status.
1.21
1.22
1.23
1.24
2.1
2.2
2.3
2.4
2.5
2.6
2.7The corrections official for each county shall provide documented notice of voting
2.8rights status to each person serving a felony sentence who is under the county's supervision
2.9or was under the county's supervision at any time during the prior year. The notice must
2.10be provided not later than 18 weeks before the first Tuesday after the first Monday in
2.11November of each year. The notice must be provided to:
2.12(1) persons who are scheduled to remain on probation through the general election;
2.13(2) persons who are scheduled to complete probation and be restored to their civil
2.14rights after the notice is sent but before the next general election; and
2.15(3) persons who have completed probation and have had their civil rights restored
2.16in the last year.
2.17The notice must include an email address and telephone number to contact the county
2.18corrections official and the appropriate county auditor.
2.19 Subd. 2. Inactive record; notice. The county corrections official shall forward to
2.20the secretary of state an electronic list of persons who were notified under this section.
2.21The secretary of state shall compare the names on the list with records in the statewide
2.22registration system and forward the names of voters for whom there is a match to the
2.23county auditor of the county where the person is registered to vote. If a person received
2.24notice under subdivision 1, clause (1) or (2), the county auditor shall change the voter's
2.25status to inactive and shall send the person notice of the action. A voter affected by this
2.26action may appeal the decision to make the voter's record inactive by written request to
2.27the county auditor no later than 28 days after the date of the notice to the voter. If a
2.28person received notice under subdivision 1, clause (3), the county auditor shall remove the
2.29challenge from the person's voting record.
2.30 Subd. 3. Ineligible voters; investigation. Within 16 weeks after the general
2.31election, the secretary of state shall compare the list of persons who received notice under
2.32subdivision 1, clause (1), with the list of persons who voted in the primary or general
2.33election and forward names of those persons who both voted in the primary or general
2.34election and received the notice provided in subdivision 1, clause (1), to the appropriate
2.35county attorney for investigation. No later than March 1 of each year, the secretary of state
2.36shall report to the chairs of the house and senate committees with jurisdiction over election
3.1law on the number of persons who both received the notice provided in subdivision 1,
3.2clause (1), and voted in the subsequent primary or general election.
3.3 Subd. 4. Best practices working group on voting rights. The secretary of state
3.4shall chair and convene a working group to develop and distribute to all county auditors,
3.5county attorneys, and county corrections officials, forms to be used and related best
3.6practices on the following:
3.7(1) notice to convicted felons appearing on voter registration applications;
3.8(2) notice to convicted felons appearing on polling place rosters;
3.9(3) notice to convicted felons at polling places;
3.10(4) notice to felons at the time of conviction;
3.11(5) notice to felons of loss of the right to vote in sentencing forms, probation
3.12agreements, and other criminal justice system documents; and
3.13(6) procedures for accurately resolving questions concerning the eligibility of
3.14persons serving felony sentences.
3.15The working group must include the secretary of state, the commissioner of corrections
3.16or the commissioner's designee, the state court administrator or the administrator's
3.17designee, one corrections representative designated by the Minnesota Association of
3.18County Probation Officers, one corrections representative designated by the Minnesota
3.19Association of Community Corrections Act Counties, two county auditors designated by
3.20the Minnesota Association of County Auditors and Treasurers, one from a metropolitan
3.21area and one from greater Minnesota, and two county attorney representatives designated
3.22by the Minnesota County Attorneys Association, one from a metropolitan area and one
3.23from greater Minnesota.
3.24By January 15, 2012, the working group shall submit a report outlining its work
3.25to the chairs and ranking minority members of the house and senate committees with
3.26jurisdiction over criminal justice and election policy and finance.
3.27 Sec. 3. Minnesota Statutes 2010, section 201.275, is amended to read:
3.28201.275 INVESTIGATIONS; PROSECUTIONS.
3.29
3.30Law enforcement shall promptly investigate alleged violations of this chapter. If there
3.31is probable cause for instituting a prosecution, the county attorney shall proceed
3.32
3.33
3.34
3.35
4.1
4.2
4.3
4.4Section standards regarding the prosecution function.
4.5 Sec. 4. REPEALER.
4.6Minnesota Statutes 2010, section 201.157, is repealed.
