Bill Text: MN HF1532 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Secretary of state duties imposed, and lists of registrants with challenged voting statuses due to felony convictions required.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-02 - Committee report, to pass as amended and re-refer to Judiciary Policy and Finance [HF1532 Detail]
Download: Minnesota-2011-HF1532-Engrossed.html
1.2relating to elections; imposing certain duties; requiring certain lists; amending
1.3Minnesota Statutes 2010, section 201.155.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 201.155, is amended to read:
1.6201.155 REPORT ON FELONY CONVICTIONS.
1.7(a) Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state
1.8court administrator shall report regularly by electronic means to the secretary of state the
1.9name, address, date of birth, and, if available, driver's license or state identification card
1.10number, date of sentence, effective date of the sentence, and county in which the conviction
1.11occurred of each person who has been convicted of a felony. The state court administrator
1.12shall also report the name, address, and date of birth of each person previously convicted
1.13of a felony whose civil rights have been restored. The secretary of state shall determine
1.14if any of the persons in the report is registered to vote and shall prepare a list of those
1.15registrants for each county auditor. The county auditor shall change the status of those
1.16registrants in the appropriate manner in the statewide registration system.
1.17(b) At least monthly, the secretary of state must compare all data reported
1.18electronically by the state court administrator to data in the statewide voter registration
1.19system to determine whether any data newly indicates that:
1.20(1) an individual with an active voter registration in the statewide voter registration
1.21system is currently serving a felony sentence and the individual's voter record does not
1.22already have a challenged status due to a felony conviction;
2.1(2) an individual with an active voter registration in the statewide voter registration
2.2system who is currently serving a felony sentence appears to have registered to vote or to
2.3have voted during a period when the individual's civil rights were revoked; or
2.4(3) an individual with a voter record that has a challenged status due to a felony
2.5conviction who was serving a felony sentence has been discharged from a sentence.
2.6The secretary of state shall prepare a list of the registrants included under clause (1),
2.7(2), or (3) for each county auditor. For individuals under clause (1), the county auditor
2.8shall challenge the individual's record in the statewide voter registration system. The
2.9county auditor must provide information to the county attorney about individuals under
2.10clause (2) for the county attorney's investigation. For individuals under clause (3), the
2.11county auditor must determine if the challenge status should be removed from the voter
2.12record for the individual, and if so, must remove the challenge.
2.13(c) For each state general election that occurs before the statewide voter registration
2.14system is programmed to generate lists as required by paragraph (b), the secretary of state
2.15must make the determination and provide lists to the county auditors between 30 and 60
2.16days before the election and again between six and ten weeks after the election. In the
2.17year following that state election, the secretary of state must make this determination and
2.18provide lists to the county auditors again as part of the annual list maintenance.
1.3Minnesota Statutes 2010, section 201.155.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 201.155, is amended to read:
1.6201.155 REPORT ON FELONY CONVICTIONS.
1.7(a) Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state
1.8court administrator shall report regularly by electronic means to the secretary of state the
1.9name, address, date of birth, and, if available, driver's license or state identification card
1.10number, date of sentence, effective date of the sentence, and county in which the conviction
1.11occurred of each person who has been convicted of a felony. The state court administrator
1.12shall also report the name, address, and date of birth of each person previously convicted
1.13of a felony whose civil rights have been restored. The secretary of state shall determine
1.14if any of the persons in the report is registered to vote and shall prepare a list of those
1.15registrants for each county auditor. The county auditor shall change the status of those
1.16registrants in the appropriate manner in the statewide registration system.
1.17(b) At least monthly, the secretary of state must compare all data reported
1.18electronically by the state court administrator to data in the statewide voter registration
1.19system to determine whether any data newly indicates that:
1.20(1) an individual with an active voter registration in the statewide voter registration
1.21system is currently serving a felony sentence and the individual's voter record does not
1.22already have a challenged status due to a felony conviction;
2.1(2) an individual with an active voter registration in the statewide voter registration
2.2system who is currently serving a felony sentence appears to have registered to vote or to
2.3have voted during a period when the individual's civil rights were revoked; or
2.4(3) an individual with a voter record that has a challenged status due to a felony
2.5conviction who was serving a felony sentence has been discharged from a sentence.
2.6The secretary of state shall prepare a list of the registrants included under clause (1),
2.7(2), or (3) for each county auditor. For individuals under clause (1), the county auditor
2.8shall challenge the individual's record in the statewide voter registration system. The
2.9county auditor must provide information to the county attorney about individuals under
2.10clause (2) for the county attorney's investigation. For individuals under clause (3), the
2.11county auditor must determine if the challenge status should be removed from the voter
2.12record for the individual, and if so, must remove the challenge.
2.13(c) For each state general election that occurs before the statewide voter registration
2.14system is programmed to generate lists as required by paragraph (b), the secretary of state
2.15must make the determination and provide lists to the county auditors between 30 and 60
2.16days before the election and again between six and ten weeks after the election. In the
2.17year following that state election, the secretary of state must make this determination and
2.18provide lists to the county auditors again as part of the annual list maintenance.
