Bill Text: MN HF1551 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Elections; provisions modified concerning who may provide assistance to voters in marking ballots.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2011-04-26 - Introduction and first reading, referred to Government Operations and Elections [HF1551 Detail]
Download: Minnesota-2011-HF1551-Introduced.html
1.2relating to elections; modifying who may provide assistance to voters in marking
1.3ballots; providing criminal penalties;amending Minnesota Statutes 2010,
1.4sections 203B.11, subdivision 1, by adding a subdivision; 204C.15, subdivision
1.51; 204C.16.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 203B.11, subdivision 1, is amended to read:
1.8 Subdivision 1. Generally. Each full-time municipal clerk or school district clerk
1.9who has authority under section203B.05 to administer absentee voting laws shall
1.10designate election judges to deliver absentee ballots in accordance with this section. The
1.11county auditor must also designate election judges to perform the duties in this section.
1.12A ballot may be delivered only to an eligible voter who is a temporary or permanent
1.13resident or patient in a health care facility or hospital located in the municipality in which
1.14the voter maintains residence. The ballots shall be delivered by two election judges, each
1.15of whom is affiliated with a different major political party. When the election judges
1.16deliver or return ballots as provided in this section, they shall travel together in the same
1.17vehicle. Both election judges shall be present when an applicant completes the certificate
1.18of eligibility and marks the absentee ballots, and may assist an applicant as provided in
1.19section
204C.15
1.20marked absentee ballots in a sealed container and return them to the clerk on the same
1.21day that they are delivered and marked.
1.22 Sec. 2. Minnesota Statutes 2010, section 203B.11, is amended by adding a subdivision
1.23to read:
2.1 Subd. 5. Assistance in marking ballots. A voter who votes by absentee ballot
2.2under this section and who claims a need for assistance in marking the ballot shall only be
2.3assisted as provided in section 204C.15.
2.4 Sec. 3. Minnesota Statutes 2010, section 204C.15, subdivision 1, is amended to read:
2.5 Subdivision 1. Physical assistance in marking ballots. (a) A voter who claims
2.6a need for assistance because of inability to read English or physical inability to mark a
2.7ballot may obtain the aid of two election judges who are members of different major
2.8political parties. The election judges shall mark the ballots as directed by the voter and in
2.9as secret a manner as circumstances permit.
2.10(b) If the voter is deaf or cannot speak English or understand it when it is spoken, the
2.11election judges may select two individuals who are members of different major political
2.12parties to provide assistance. The individuals shall assist the voter in marking the ballots.
2.13A voter in need of assistance may alternatively obtain the assistance of any individual
2.14the voter chooses. Only the following persons may not provide assistance to a voter:
2.15the voter's employer, an agent of the voter's employer, an officer or agent of the voter's
2.16union, or a candidate for election. The person who assists the voter shall, unaccompanied
2.17accompanied by an election judge, retire with that voter to a booth and mark the ballot as
2.18directed by the voter. No person who assists another voter as provided in the preceding
2.19sentence shall mark the ballots of more than three voters at one election. Before the
2.20ballots are deposited, the voter may show them privately to an election judge to ascertain
2.21that they are marked as the voter directed.
2.22(c) An election judge or other individual assisting a voter shall not in any manner
2.23request, persuade, induce, or attempt to persuade or induce the voter to vote for any
2.24particular political party or candidate. The election judges or other individuals who assist
2.25the voter shall not reveal to anyone the name of any candidate for whom the voter has
2.26voted or anything that took place while assisting the voter.
2.27 Sec. 4. Minnesota Statutes 2010, section 204C.16, is amended to read:
2.28204C.16MISMARKING BALLOTS; DISCLOSURE OF MARKINGS BY
2.29OTHERS; PENALTY PENALTIES FOR IMPROPER ASSISTANCE OF VOTER.
2.30An election judge or other individual who does any of the following is guilty of a
2.31gross misdemeanor: (1) marks the ballot of any voter, except as authorized by law and as
2.32directed by the voter,or who (2) informs anyone other than the voter how the ballot was
2.33marked,is guilty of a gross misdemeanor or (3) requests, persuades, induces, or attempts
2.34to persuade or induce a voter to vote for any particular political party or candidate.
1.3ballots; providing criminal penalties;amending Minnesota Statutes 2010,
1.4sections 203B.11, subdivision 1, by adding a subdivision; 204C.15, subdivision
1.51; 204C.16.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 203B.11, subdivision 1, is amended to read:
1.8 Subdivision 1. Generally. Each full-time municipal clerk or school district clerk
1.9who has authority under section
1.10designate election judges to deliver absentee ballots in accordance with this section. The
1.11county auditor must also designate election judges to perform the duties in this section.
1.12A ballot may be delivered only to an eligible voter who is a temporary or permanent
1.13resident or patient in a health care facility or hospital located in the municipality in which
1.14the voter maintains residence. The ballots shall be delivered by two election judges, each
1.15of whom is affiliated with a different major political party. When the election judges
1.16deliver or return ballots as provided in this section, they shall travel together in the same
1.17vehicle. Both election judges shall be present when an applicant completes the certificate
1.18of eligibility and marks the absentee ballots
1.19
1.20marked absentee ballots in a sealed container and return them to the clerk on the same
1.21day that they are delivered and marked.
1.22 Sec. 2. Minnesota Statutes 2010, section 203B.11, is amended by adding a subdivision
1.23to read:
2.1 Subd. 5. Assistance in marking ballots. A voter who votes by absentee ballot
2.2under this section and who claims a need for assistance in marking the ballot shall only be
2.3assisted as provided in section 204C.15.
2.4 Sec. 3. Minnesota Statutes 2010, section 204C.15, subdivision 1, is amended to read:
2.5 Subdivision 1. Physical assistance in marking ballots. (a) A voter who claims
2.6a need for assistance because of inability to read English or physical inability to mark a
2.7ballot may obtain the aid of two election judges who are members of different major
2.8political parties. The election judges shall mark the ballots as directed by the voter and in
2.9as secret a manner as circumstances permit.
2.10(b) If the voter is deaf or cannot speak English or understand it when it is spoken, the
2.11election judges may select two individuals who are members of different major political
2.12parties to provide assistance. The individuals shall assist the voter in marking the ballots.
2.13
2.14
2.15
2.16
2.17accompanied by an election judge, retire with that voter to a booth and mark the ballot as
2.18directed by the voter. No person who assists another voter as provided in the preceding
2.19sentence shall mark the ballots of more than three voters at one election. Before the
2.20ballots are deposited, the voter may show them privately to an election judge to ascertain
2.21that they are marked as the voter directed.
2.22(c) An election judge or other individual assisting a voter shall not in any manner
2.23request, persuade, induce, or attempt to persuade or induce the voter to vote for any
2.24particular political party or candidate. The election judges or other individuals who assist
2.25the voter shall not reveal to anyone the name of any candidate for whom the voter has
2.26voted or anything that took place while assisting the voter.
2.27 Sec. 4. Minnesota Statutes 2010, section 204C.16, is amended to read:
2.28204C.16
2.29
2.30An election judge or other individual who does any of the following is guilty of a
2.31gross misdemeanor: (1) marks the ballot of any voter, except as authorized by law and as
2.32directed by the voter,
2.33marked,
2.34to persuade or induce a voter to vote for any particular political party or candidate.
