Bill Text: MN HF2096 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Campaign finance definition modified, and voter registration and absentee ballot application online submission provided.
Sponsorship: Partisan Bill (Democrat 5)
Status: (Passed) 2014-04-30 - Secretary of State Chapter 185 04/29/14 [HF2096 Detail]
Download: Minnesota-2013-HF2096-Engrossed.html
1.2relating to elections; modifying campaign finance definition; providing for
1.3submission of voter registration and absentee ballot applications online;
1.4amending Minnesota Statutes 2012, sections 10A.01, subdivision 26; 201.061,
1.5subdivision 1, by adding a subdivision; 201.071, subdivisions 1, 3; 201.081;
1.6203B.04, by adding a subdivision; 203B.17; Minnesota Statutes 2013
1.7Supplement, sections 201.275; 203B.04, subdivision 1.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 26, is amended to read:
1.10 Subd. 26. Noncampaign disbursement. "Noncampaign disbursement" means
1.11a purchase or payment of money or anything of value made, or an advance of credit
1.12incurred, or a donation in kind received, by a principal campaign committee for any of
1.13the following purposes:
1.14 (1) payment for accounting and legal services;
1.15 (2) return of a contribution to the source;
1.16 (3) repayment of a loan made to the principal campaign committee by that committee;
1.17 (4) return of a public subsidy;
1.18 (5) payment for food, beverages, and necessary utensils and supplies, entertainment,
1.19and facility rental for a fund-raising event;
1.20 (6) services for a constituent by a member of the legislature or a constitutional officer
1.21in the executive branch, including the costs of preparing and distributing a suggestion or
1.22idea solicitation to constituents, performed from the beginning of the term of office to
1.23adjournment sine die of the legislature in the election year for the office held, and half
1.24the cost of services for a constituent by a member of the legislature or a constitutional
2.1officer in the executive branch performed from adjournment sine die to 60 days after
2.2adjournment sine die;
2.3 (7) payment for food and beverages consumed by a candidate or volunteers while
2.4they are engaged in campaign activities;
2.5 (8) payment for food or a beverage consumed while attending a reception or meeting
2.6directly related to legislative duties;
2.7 (9) payment of expenses incurred by elected or appointed leaders of a legislative
2.8caucus in carrying out their leadership responsibilities;
2.9 (10) payment by a principal campaign committee of the candidate's expenses for
2.10serving in public office, other than for personal uses;
2.11 (11) costs of child care for the candidate's children when campaigning;
2.12 (12) fees paid to attend a campaign school;
2.13 (13) costs of a postelection party during the election year when a candidate's name
2.14will no longer appear on a ballot or the general election is concluded, whichever occurs first;
2.15 (14) interest on loans paid by a principal campaign committee on outstanding loans;
2.16 (15) filing fees;
2.17 (16) post-general election holiday or seasonal cards, thank-you notes, or
2.18advertisements in the news media mailed or published prior to the end of the election cycle;
2.19 (17) the cost of campaign material purchased to replace defective campaign material,
2.20if the defective material is destroyed without being used;
2.21 (18) contributions to a party unit;
2.22 (19) payments for funeral gifts or memorials;
2.23 (20) the cost of a magnet less than six inches in diameter containing legislator
2.24contact information and distributed to constituents;
2.25 (21) costs associated with a candidate attending a political party state or national
2.26convention in this state;
2.27 (22) other purchases or payments specified in board rules or advisory opinions as
2.28being for any purpose other than to influence the nomination or election of a candidate or
2.29to promote or defeat a ballot question; and
2.30(23) costs paid to a third party for processing contributions made by a credit card,
2.31debit card, or electronic check.
2.32 The board must determine whether an activity involves a noncampaign disbursement
2.33within the meaning of this subdivision.
2.34 A noncampaign disbursement is considered to be made in the year in which the
2.35candidate made the purchase of goods or services or incurred an obligation to pay for
2.36goods or services.
3.1 Sec. 2. Minnesota Statutes 2012, section 201.061, subdivision 1, is amended to read:
3.2 Subdivision 1. Prior to election day. (a) At any time except during the 20
3.3days immediately preceding any regularly scheduled election, an eligible voter or any
3.4individual who will be an eligible voter at the time of the next election may register to vote
3.5in the precinct in which the voter maintains residence by completing a voter registration
3.6application as described in section201.071, subdivision 1 , and submitting it. A completed
3.7application may be submitted:
3.8(1) in person or by mail to the county auditor of that county or to the Secretary
3.9of State's Office; or
3.10(2) electronically through a secure Web site that shall be maintained by the secretary
3.11of state for this purpose, if the applicant has an e-mail address and provides the applicant's
3.12verifiable Minnesota driver's license number, Minnesota state identification card number,
3.13or the last four digits of the applicant's Social Security number.
3.14A registration that is received in person or by mail no later than 5:00 p.m. on the
3.1521st day preceding any election, or a registration received electronically through the
3.16secretary of state's secure Web site no later than 11:59 p.m. on the 21st day preceding any
3.17election, shall be accepted. An improperly addressed or delivered registration application
3.18shall be forwarded within two working days after receipt to the county auditor of the
3.19county where the voter maintains residence. A state or local agency or an individual that
3.20accepts completed voter registration applications from a voter must submit the completed
3.21applications to the secretary of state or the appropriate county auditor within ten calendar
3.22days after the applications are dated by the voter.
3.23(b) An application submitted electronically under paragraph (a), clause (2), may only
3.24be transmitted to the county auditor for processing if the secretary of state has verified the
3.25application information matches the information in a government database associated with
3.26the applicant's driver's license number, state identification card number, or Social Security
3.27number. The secretary of state must review all unverifiable voter registration applications
3.28submitted electronically for evidence of suspicious activity and must forward any such
3.29application to an appropriate law enforcement agency for investigation.
3.30An individual may not electronically submit a voter registration application on
3.31behalf of any other individual.
3.32(c) For purposes of this section, mail registration is defined as a voter registration
3.33application delivered to the secretary of state, county auditor, or municipal clerk by the
3.34United States Postal Service or a commercial carrier.
4.1 Sec. 3. Minnesota Statutes 2012, section 201.061, is amended by adding a subdivision
4.2to read:
4.3 Subd. 8. Web site security. The secretary of state shall maintain a log of each
4.4Internet Protocol address used to submit a voter registration application electronically
4.5under subdivision 1, paragraph (a), clause (2), and must monitor the log, volume of
4.6Web site use, and other appropriate indicators for suspicious activity. Evidence of
4.7suspicious activity that cannot be resolved by the secretary of state must be forwarded to
4.8an appropriate law enforcement agency for investigation.
4.9 Sec. 4. Minnesota Statutes 2012, section 201.071, subdivision 1, is amended to read:
4.10 Subdivision 1. Form. Both paper and electronic voter registration applications must
4.11contain the same information unless otherwise provided by law. A voter registration
4.12application mustbe of suitable size and weight for mailing and contain spaces for the
4.13following required information: voter's first name, middle name, and last name; voter's
4.14previous name, if any; voter's current address; voter's previous address, if any; voter's
4.15date of birth; voter's municipality and county of residence; voter's telephone number, if
4.16provided by the voter; date of registration; current and valid Minnesota driver's license
4.17number or Minnesota state identification number, or if the voter has no current and valid
4.18Minnesota driver's license or Minnesota state identification, the last four digits of the
4.19voter's Social Security number; and voter's signature. The paper registration application
4.20may include the voter's e-mail address, if provided by the voter, and. The electronic
4.21voter registration application must include the voter's e-mail address. The registration
4.22application may include the voter's interest in serving as an election judge, if indicated by
4.23the voter. The application must also contain the following certification of voter eligibility:
4.24"I certify that I:
4.25(1) will be at least 18 years old on election day;
4.26(2) am a citizen of the United States;
4.27(3) will have resided in Minnesota for 20 days immediately preceding election day;
4.28(4) maintain residence at the address given on the registration form;
4.29(5) am not under court-ordered guardianship in which the court order revokes my
4.30right to vote;
4.31(6) have not been found by a court to be legally incompetent to vote;
4.32(7) have the right to vote because, if I have been convicted of a felony, my felony
4.33sentence has expired (been completed) or I have been discharged from my sentence; and
5.1(8) have read and understand the following statement: that giving false information
5.2is a felony punishable by not more than five years imprisonment or a fine of not more
5.3than $10,000, or both."
5.4The certification must include boxes for the voter to respond to the following
5.5questions:
5.6"(1) Are you a citizen of the United States?" and
5.7"(2) Will you be 18 years old on or before election day?"
5.8And the instruction:
5.9"If you checked 'no' to either of these questions, do not complete this form."
5.10A paper voter registration application must be of suitable size and weight for
5.11mailing. The form of the voter registration application and the certification of voter
5.12eligibility must be as provided in this subdivision and approved by the secretary of state.
5.13Voter registration forms authorized by the National Voter Registration Act must also be
5.14accepted as valid. The federal postcard application form must also be accepted as valid if
5.15it is not deficient and the voter is eligible to register in Minnesota.
5.16An individual may use a voter registration application to apply to register to vote in
5.17Minnesota or to change information on an existing registration.
5.18 Sec. 5. Minnesota Statutes 2012, section 201.071, subdivision 3, is amended to read:
5.19 Subd. 3. Deficient registration. No voter registration application is deficient if it
5.20contains the voter's name, address, date of birth, current and valid Minnesota driver's
5.21license number or Minnesota state identification number, or if the voter has no current and
5.22valid Minnesota driver's license or Minnesota state identification number, the last four
5.23digits of the voter's Social Security number, if the voter has been issued a Social Security
5.24number, prior registration, if any, and signature. The absence of a zip code number does
5.25not cause the registration to be deficient. Failure to check a box on an application form
5.26that a voter has certified to be true does not cause the registration to be deficient. The
5.27election judges shall request an individual to correct a voter registration application if it is
5.28deficient or illegible. No eligible voter may be prevented from voting unless the voter's
5.29registration application is deficient or the voter is duly and successfully challenged in
5.30accordance with section201.195 or
204C.12 .
5.31 A voter registration application accepted prior to August 1, 1983, is not deficient
5.32for lack of date of birth. The county or municipality may attempt to obtain the date of
5.33birth for a voter registration application accepted prior to August 1, 1983, by a request to
5.34the voter at any time except at the polling place. Failure by the voter to comply with this
5.35request does not make the registration deficient.
6.1 A voter registration application accepted before January 1, 2004, is not deficient for
6.2lack of a valid Minnesota driver's license or state identification number or the last four
6.3digits of a Social Security number. A voter registration application submitted by a voter
6.4who does not have a Minnesota driver's license or state identification number, or a Social
6.5Security number, is not deficient for lack of any of these numbers.
6.6 A voter registration application submitted electronically through the Web site of the
6.7secretary of state prior to the effective date of this section is not invalid as a result of
6.8its electronic submission.
6.9 Sec. 6. Minnesota Statutes 2012, section 201.081, is amended to read:
6.10201.081 REGISTRATION FILES.
6.11 (a) The statewide registration system is the official record of registered voters.
6.12The voter registration applications and the terminal providing access to the statewide
6.13registration system must be under the control of the county auditor or the public official
6.14to whom the county auditor has delegated the responsibility for maintaining voter
6.15registration records. The voter registration applications and terminals providing access
6.16to the statewide registration system must not be removed from the control of the county
6.17auditor except as provided in this section. The county auditor may make photographic
6.18copies of voter registration applications in the manner provided by section138.17 .
6.19 (b) A properly completed voter registration application that has been submitted
6.20 electronically or in paper form to the secretary of state or a county auditor must be
6.21maintained by the secretary of state or the county auditor for at least 22 months after the
6.22date that the information on the application is entered into the database of the statewide
6.23registration system. The secretary of state or the county auditor may dispose of the
6.24applications after retention for 22 months in the manner provided by section138.17 .
6.25 (c) Data contained on a voter registration application submitted electronically
6.26through the secure Web site established in section 201.061, subdivision 1, must be
6.27maintained in its original form, in a manner suitable for printing, for the period required
6.28by this section. The Internet Protocol address used to submit an application electronically
6.29must be maintained with the voter registration application data.
6.30 Sec. 7. Minnesota Statutes 2013 Supplement, section 201.275, is amended to read:
6.31201.275 INVESTIGATIONS; PROSECUTIONS.
6.32A law enforcement agency that is notified by affidavit of an alleged violation of this
6.33chapter shall promptly investigate. Upon receiving an affidavit alleging a violation of this
6.34chapter, a county attorney shall promptly forward it to a law enforcement agency with
7.1jurisdiction for investigation. If there is probable cause for instituting a prosecution,
7.2the county attorney shall proceed by complaint or present the charge, with whatever
7.3evidence has been found, to the grand jury. A county attorney who refuses or intentionally
7.4fails to faithfully perform this or any other duty imposed by this chapter is guilty of
7.5a misdemeanor and upon conviction shall forfeit office. The county attorney, under
7.6the penalty of forfeiture of office, shall prosecute all violations of this chapter except
7.7violations of this section; if, however, a complainant withdraws an allegation under this
7.8chapter, the county attorney is not required to proceed with the prosecution.
7.9Where the matter relates to a voter registration application submitted electronically
7.10through the secure Web site established in section 201.061, subdivision 1, alleged
7.11violations of this chapter may be investigated and prosecuted in the county in which the
7.12individual registered or attempted to register.
7.13 Sec. 8. Minnesota Statutes 2013 Supplement, section 203B.04, subdivision 1, is
7.14amended to read:
7.15 Subdivision 1. Application procedures. (a) Except as otherwise allowed by
7.16subdivision 2 or by section203B.11, subdivision 4 , an application for absentee ballots for
7.17any election may be submitted at any time not less than one day before the day of that
7.18election. The county auditor shall prepare absentee ballot application forms in the format
7.19provided by the secretary of state and shall furnish them to any person on request. By
7.20January 1 of each even-numbered year, the secretary of state shall make the forms to be
7.21used available to auditors through electronic means. An application submitted pursuant
7.22to this subdivision shall be in writingand shall be submitted. An application may be
7.23submitted in person or by mail to:
7.24 (1) the county auditor of the county where the applicant maintains residence; or
7.25 (2) the municipal clerk of the municipality, or school district if applicable, where
7.26the applicant maintains residence.
7.27For a federal, state, or county election, an absentee ballot application may alternatively
7.28be submitted electronically through a secure Web site that shall be maintained by the
7.29secretary of state for this purpose. Notwithstanding paragraph (b), the secretary of state
7.30must require applicants using the Web site to submit the applicant's e-mail address and
7.31verifiable Minnesota driver's license number, Minnesota state identification card number,
7.32or the last four digits of the applicant's Social Security number.
7.33An application submitted electronically under this paragraph may only be transmitted to
7.34the county auditor for processing if the secretary of state has verified the application
7.35information matches the information in a government database associated with the
8.1applicant's driver's license number, state identification card number, or Social Security
8.2number. The secretary of state must review all unverifiable applications for evidence
8.3of suspicious activity and must forward any such application to an appropriate law
8.4enforcement agency for investigation.
8.5 (b) An application shall be approved if it is timely received, signed and dated by
8.6the applicant, contains the applicant's name and residence and mailing addresses, date
8.7of birth, and at least one of the following:
8.8(1) the applicant's Minnesota driver's license number;
8.9(2) Minnesota state identification card number;
8.10(3) the last four digits of the applicant's Social Security number; or
8.11(4) a statement that the applicant does not have any of these numbers.
8.12(c) To be approved, the application must contain an oath that the information
8.13contained on the form is accurate, that the applicant is applying on the applicant's own
8.14behalf, and that the applicant is signing the form under penalty of perjury.
8.15(d) An applicant's full date of birth, Minnesota driver's license or state identification
8.16number, and the last four digits of the applicant's Social Security number must not be
8.17made available for public inspection. An application may be submitted to the county
8.18auditor or municipal clerk by an electronic facsimile device. An application mailed or
8.19returned in person to the county auditor or municipal clerk on behalf of a voter by a
8.20person other than the voter must be deposited in the mail or returned in person to the
8.21county auditor or municipal clerk within ten days after it has been dated by the voter and
8.22no later than six days before the election. The absentee ballot applications or a list of
8.23persons applying for an absentee ballot may not be made available for public inspection
8.24until the close of voting on election day.
8.25 (e) An application under this subdivision may contain an application under
8.26subdivision 5 to automatically receive an absentee ballot application.
8.27 Sec. 9. Minnesota Statutes 2012, section 203B.04, is amended by adding a subdivision
8.28to read:
8.29 Subd. 7. Web site security. The secretary of state shall maintain a log of each
8.30Internet Protocol address used to submit an absentee ballot application electronically under
8.31this section, and must monitor the log, volume of Web site use, and other appropriate
8.32indicators for suspicious activity. Evidence of suspicious activity that cannot be resolved
8.33by the secretary of state must be forwarded to an appropriate law enforcement agency for
8.34investigation.
9.1 Sec. 10. Minnesota Statutes 2012, section 203B.17, is amended to read:
9.2203B.17 APPLICATION FOR BALLOT.
9.3 Subdivision 1. Submission of application. (a) An application for absentee ballots
9.4for a voter described in section203B.16 must be in writing and may be submitted in
9.5writing or person, by mail, by electronic facsimile device, or by electronic mail, or
9.6electronically through a secure Web site that shall be maintained by the secretary of state
9.7for this purpose, upon determination by the secretary of state that security concerns have
9.8been adequately addressed. An application for absentee ballots for a voter described in
9.9section203B.16 may be submitted by that voter or by that voter's parent, spouse, sister,
9.10brother, or child over the age of 18 years. For purposes of an application under this
9.11subdivision, a person's Social Security number, no matter how it is designated, qualifies as
9.12the person's military identification number if the person is in the military.
9.13(b) An application for a voter described in section203B.16, subdivision 1 , shall be
9.14submitted to the county auditor of the county where the voter maintains residence or
9.15through the secure Web site maintained by the secretary of state.
9.16(c) An application for a voter described in section203B.16, subdivision 2 , shall be
9.17submitted to the county auditor of the county where the voter last maintained residence in
9.18Minnesota or through the secure Web site maintained by the secretary of state.
9.19(d) An application for absentee ballots shall be valid for any primary, special
9.20primary, general election, or special election from the time the application is received
9.21through the end of that calendar year.
9.22(e) There shall be no limitation of time for filing and receiving applications for
9.23ballots under sections203B.16 to
203B.27 .
9.24 Subd. 2. Required information. An application shall be accepted if it contains the
9.25following information stated under oath:
9.26 (a) the voter's name, birthdate, and present address of residence in Minnesota, or
9.27former address of residence in Minnesota if the voter is living permanently outside the
9.28United States;
9.29 (b) a statement indicating that the voter is in the military, or is the spouse or
9.30dependent of an individual serving in the military, or is temporarily outside the territorial
9.31limits of the United States, or is living permanently outside the territorial limits of the
9.32United States and voting under federal law;
9.33 (c) a statement that the voter expects to be absent from the precinct at the time
9.34of the election;
9.35 (d) the address to which absentee ballots are to be mailed;
10.1 (e) the voter's signature or the signature and relationship of the individual authorized
10.2to apply on the voter's behalf;and
10.3 (f) the voter's passport number, Minnesota driver's license or state identification card
10.4number, or the last four digits of the voter's Social Security number; if the voter does not
10.5have access to any of these documents, the voter or other individual requesting absentee
10.6ballots may attest to the truthfulness of the contents of the application under penalty
10.7of perjury; and
10.8 (g) the voter's e-mail address, if the application was submitted electronically through
10.9the secure Web site maintained by the secretary of state.
10.10Notwithstanding clause (f), an application submitted through the secretary of state's Web
10.11site must include the voter's verifiable Minnesota driver's license number, Minnesota state
10.12identification card number, or the last four digits of the voter's Social Security number,
10.13and may only be transmitted to the county auditor for processing if the secretary of
10.14state has verified the application information matches the information in a government
10.15database associated with the applicant's driver's license number, state identification card
10.16number, or Social Security number. The secretary of state must review all unverifiable
10.17applications for evidence of suspicious activity and must forward any such application to
10.18an appropriate law enforcement agency for investigation.
10.19 Subd. 3. Web site security. The secretary of state shall maintain a log of each
10.20Internet Protocol address used to submit an absentee ballot application electronically under
10.21this section, and must monitor the log, volume of Web site use, and other appropriate
10.22indicators for suspicious activity. Evidence of suspicious activity that cannot be resolved
10.23by the secretary of state must be forwarded to an appropriate law enforcement agency for
10.24investigation.
10.25 Sec. 11. EFFECTIVE DATE.
10.26Sections 1 to 10 are effective the day following final enactment.
1.3submission of voter registration and absentee ballot applications online;
1.4amending Minnesota Statutes 2012, sections 10A.01, subdivision 26; 201.061,
1.5subdivision 1, by adding a subdivision; 201.071, subdivisions 1, 3; 201.081;
1.6203B.04, by adding a subdivision; 203B.17; Minnesota Statutes 2013
1.7Supplement, sections 201.275; 203B.04, subdivision 1.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 26, is amended to read:
1.10 Subd. 26. Noncampaign disbursement. "Noncampaign disbursement" means
1.11a purchase or payment of money or anything of value made, or an advance of credit
1.12incurred, or a donation in kind received, by a principal campaign committee for any of
1.13the following purposes:
1.14 (1) payment for accounting and legal services;
1.15 (2) return of a contribution to the source;
1.16 (3) repayment of a loan made to the principal campaign committee by that committee;
1.17 (4) return of a public subsidy;
1.18 (5) payment for food, beverages, and necessary utensils and supplies, entertainment,
1.19and facility rental for a fund-raising event;
1.20 (6) services for a constituent by a member of the legislature or a constitutional officer
1.21in the executive branch, including the costs of preparing and distributing a suggestion or
1.22idea solicitation to constituents, performed from the beginning of the term of office to
1.23adjournment sine die of the legislature in the election year for the office held, and half
1.24the cost of services for a constituent by a member of the legislature or a constitutional
2.1officer in the executive branch performed from adjournment sine die to 60 days after
2.2adjournment sine die;
2.3 (7) payment for food and beverages consumed by a candidate or volunteers while
2.4they are engaged in campaign activities;
2.5 (8) payment for food or a beverage consumed while attending a reception or meeting
2.6directly related to legislative duties;
2.7 (9) payment of expenses incurred by elected or appointed leaders of a legislative
2.8caucus in carrying out their leadership responsibilities;
2.9 (10) payment by a principal campaign committee of the candidate's expenses for
2.10serving in public office, other than for personal uses;
2.11 (11) costs of child care for the candidate's children when campaigning;
2.12 (12) fees paid to attend a campaign school;
2.13 (13) costs of a postelection party during the election year when a candidate's name
2.14will no longer appear on a ballot or the general election is concluded, whichever occurs first;
2.15 (14) interest on loans paid by a principal campaign committee on outstanding loans;
2.16 (15) filing fees;
2.17 (16) post-general election holiday or seasonal cards, thank-you notes, or
2.18advertisements in the news media mailed or published prior to the end of the election cycle;
2.19 (17) the cost of campaign material purchased to replace defective campaign material,
2.20if the defective material is destroyed without being used;
2.21 (18) contributions to a party unit;
2.22 (19) payments for funeral gifts or memorials;
2.23 (20) the cost of a magnet less than six inches in diameter containing legislator
2.24contact information and distributed to constituents;
2.25 (21) costs associated with a candidate attending a political party state or national
2.26convention in this state;
2.27 (22) other purchases or payments specified in board rules or advisory opinions as
2.28being for any purpose other than to influence the nomination or election of a candidate or
2.29to promote or defeat a ballot question; and
2.30(23) costs paid to a third party for processing contributions made by a credit card,
2.31debit card, or electronic check.
2.32 The board must determine whether an activity involves a noncampaign disbursement
2.33within the meaning of this subdivision.
2.34 A noncampaign disbursement is considered to be made in the year in which the
2.35candidate made the purchase of goods or services or incurred an obligation to pay for
2.36goods or services.
3.1 Sec. 2. Minnesota Statutes 2012, section 201.061, subdivision 1, is amended to read:
3.2 Subdivision 1. Prior to election day. (a) At any time except during the 20
3.3days immediately preceding any regularly scheduled election, an eligible voter or any
3.4individual who will be an eligible voter at the time of the next election may register to vote
3.5in the precinct in which the voter maintains residence by completing a voter registration
3.6application as described in section
3.7application may be submitted:
3.8(1) in person or by mail to the county auditor of that county or to the Secretary
3.9of State's Office; or
3.10(2) electronically through a secure Web site that shall be maintained by the secretary
3.11of state for this purpose, if the applicant has an e-mail address and provides the applicant's
3.12verifiable Minnesota driver's license number, Minnesota state identification card number,
3.13or the last four digits of the applicant's Social Security number.
3.14A registration that is received in person or by mail no later than 5:00 p.m. on the
3.1521st day preceding any election, or a registration received electronically through the
3.16secretary of state's secure Web site no later than 11:59 p.m. on the 21st day preceding any
3.17election, shall be accepted. An improperly addressed or delivered registration application
3.18shall be forwarded within two working days after receipt to the county auditor of the
3.19county where the voter maintains residence. A state or local agency or an individual that
3.20accepts completed voter registration applications from a voter must submit the completed
3.21applications to the secretary of state or the appropriate county auditor within ten calendar
3.22days after the applications are dated by the voter.
3.23(b) An application submitted electronically under paragraph (a), clause (2), may only
3.24be transmitted to the county auditor for processing if the secretary of state has verified the
3.25application information matches the information in a government database associated with
3.26the applicant's driver's license number, state identification card number, or Social Security
3.27number. The secretary of state must review all unverifiable voter registration applications
3.28submitted electronically for evidence of suspicious activity and must forward any such
3.29application to an appropriate law enforcement agency for investigation.
3.30An individual may not electronically submit a voter registration application on
3.31behalf of any other individual.
3.32(c) For purposes of this section, mail registration is defined as a voter registration
3.33application delivered to the secretary of state, county auditor, or municipal clerk by the
3.34United States Postal Service or a commercial carrier.
4.1 Sec. 3. Minnesota Statutes 2012, section 201.061, is amended by adding a subdivision
4.2to read:
4.3 Subd. 8. Web site security. The secretary of state shall maintain a log of each
4.4Internet Protocol address used to submit a voter registration application electronically
4.5under subdivision 1, paragraph (a), clause (2), and must monitor the log, volume of
4.6Web site use, and other appropriate indicators for suspicious activity. Evidence of
4.7suspicious activity that cannot be resolved by the secretary of state must be forwarded to
4.8an appropriate law enforcement agency for investigation.
4.9 Sec. 4. Minnesota Statutes 2012, section 201.071, subdivision 1, is amended to read:
4.10 Subdivision 1. Form. Both paper and electronic voter registration applications must
4.11contain the same information unless otherwise provided by law. A voter registration
4.12application must
4.13following required information: voter's first name, middle name, and last name; voter's
4.14previous name, if any; voter's current address; voter's previous address, if any; voter's
4.15date of birth; voter's municipality and county of residence; voter's telephone number, if
4.16provided by the voter; date of registration; current and valid Minnesota driver's license
4.17number or Minnesota state identification number, or if the voter has no current and valid
4.18Minnesota driver's license or Minnesota state identification, the last four digits of the
4.19voter's Social Security number; and voter's signature. The paper registration application
4.20may include the voter's e-mail address, if provided by the voter
4.21voter registration application must include the voter's e-mail address. The registration
4.22application may include the voter's interest in serving as an election judge, if indicated by
4.23the voter. The application must also contain the following certification of voter eligibility:
4.24"I certify that I:
4.25(1) will be at least 18 years old on election day;
4.26(2) am a citizen of the United States;
4.27(3) will have resided in Minnesota for 20 days immediately preceding election day;
4.28(4) maintain residence at the address given on the registration form;
4.29(5) am not under court-ordered guardianship in which the court order revokes my
4.30right to vote;
4.31(6) have not been found by a court to be legally incompetent to vote;
4.32(7) have the right to vote because, if I have been convicted of a felony, my felony
4.33sentence has expired (been completed) or I have been discharged from my sentence; and
5.1(8) have read and understand the following statement: that giving false information
5.2is a felony punishable by not more than five years imprisonment or a fine of not more
5.3than $10,000, or both."
5.4The certification must include boxes for the voter to respond to the following
5.5questions:
5.6"(1) Are you a citizen of the United States?" and
5.7"(2) Will you be 18 years old on or before election day?"
5.8And the instruction:
5.9"If you checked 'no' to either of these questions, do not complete this form."
5.10A paper voter registration application must be of suitable size and weight for
5.11mailing. The form of the voter registration application and the certification of voter
5.12eligibility must be as provided in this subdivision and approved by the secretary of state.
5.13Voter registration forms authorized by the National Voter Registration Act must also be
5.14accepted as valid. The federal postcard application form must also be accepted as valid if
5.15it is not deficient and the voter is eligible to register in Minnesota.
5.16An individual may use a voter registration application to apply to register to vote in
5.17Minnesota or to change information on an existing registration.
5.18 Sec. 5. Minnesota Statutes 2012, section 201.071, subdivision 3, is amended to read:
5.19 Subd. 3. Deficient registration. No voter registration application is deficient if it
5.20contains the voter's name, address, date of birth, current and valid Minnesota driver's
5.21license number or Minnesota state identification number, or if the voter has no current and
5.22valid Minnesota driver's license or Minnesota state identification number, the last four
5.23digits of the voter's Social Security number, if the voter has been issued a Social Security
5.24number, prior registration, if any, and signature. The absence of a zip code number does
5.25not cause the registration to be deficient. Failure to check a box on an application form
5.26that a voter has certified to be true does not cause the registration to be deficient. The
5.27election judges shall request an individual to correct a voter registration application if it is
5.28deficient or illegible. No eligible voter may be prevented from voting unless the voter's
5.29registration application is deficient or the voter is duly and successfully challenged in
5.30accordance with section
5.31 A voter registration application accepted prior to August 1, 1983, is not deficient
5.32for lack of date of birth. The county or municipality may attempt to obtain the date of
5.33birth for a voter registration application accepted prior to August 1, 1983, by a request to
5.34the voter at any time except at the polling place. Failure by the voter to comply with this
5.35request does not make the registration deficient.
6.1 A voter registration application accepted before January 1, 2004, is not deficient for
6.2lack of a valid Minnesota driver's license or state identification number or the last four
6.3digits of a Social Security number. A voter registration application submitted by a voter
6.4who does not have a Minnesota driver's license or state identification number, or a Social
6.5Security number, is not deficient for lack of any of these numbers.
6.6 A voter registration application submitted electronically through the Web site of the
6.7secretary of state prior to the effective date of this section is not invalid as a result of
6.8its electronic submission.
6.9 Sec. 6. Minnesota Statutes 2012, section 201.081, is amended to read:
6.10201.081 REGISTRATION FILES.
6.11 (a) The statewide registration system is the official record of registered voters.
6.12The voter registration applications and the terminal providing access to the statewide
6.13registration system must be under the control of the county auditor or the public official
6.14to whom the county auditor has delegated the responsibility for maintaining voter
6.15registration records. The voter registration applications and terminals providing access
6.16to the statewide registration system must not be removed from the control of the county
6.17auditor except as provided in this section. The county auditor may make photographic
6.18copies of voter registration applications in the manner provided by section
6.19 (b) A properly completed voter registration application that has been submitted
6.20 electronically or in paper form to the secretary of state or a county auditor must be
6.21maintained by the secretary of state or the county auditor for at least 22 months after the
6.22date that the information on the application is entered into the database of the statewide
6.23registration system. The secretary of state or the county auditor may dispose of the
6.24applications after retention for 22 months in the manner provided by section
6.25 (c) Data contained on a voter registration application submitted electronically
6.26through the secure Web site established in section 201.061, subdivision 1, must be
6.27maintained in its original form, in a manner suitable for printing, for the period required
6.28by this section. The Internet Protocol address used to submit an application electronically
6.29must be maintained with the voter registration application data.
6.30 Sec. 7. Minnesota Statutes 2013 Supplement, section 201.275, is amended to read:
6.31201.275 INVESTIGATIONS; PROSECUTIONS.
6.32A law enforcement agency that is notified by affidavit of an alleged violation of this
6.33chapter shall promptly investigate. Upon receiving an affidavit alleging a violation of this
6.34chapter, a county attorney shall promptly forward it to a law enforcement agency with
7.1jurisdiction for investigation. If there is probable cause for instituting a prosecution,
7.2the county attorney shall proceed by complaint or present the charge, with whatever
7.3evidence has been found, to the grand jury. A county attorney who refuses or intentionally
7.4fails to faithfully perform this or any other duty imposed by this chapter is guilty of
7.5a misdemeanor and upon conviction shall forfeit office. The county attorney, under
7.6the penalty of forfeiture of office, shall prosecute all violations of this chapter except
7.7violations of this section; if, however, a complainant withdraws an allegation under this
7.8chapter, the county attorney is not required to proceed with the prosecution.
7.9Where the matter relates to a voter registration application submitted electronically
7.10through the secure Web site established in section 201.061, subdivision 1, alleged
7.11violations of this chapter may be investigated and prosecuted in the county in which the
7.12individual registered or attempted to register.
7.13 Sec. 8. Minnesota Statutes 2013 Supplement, section 203B.04, subdivision 1, is
7.14amended to read:
7.15 Subdivision 1. Application procedures. (a) Except as otherwise allowed by
7.16subdivision 2 or by section
7.17any election may be submitted at any time not less than one day before the day of that
7.18election. The county auditor shall prepare absentee ballot application forms in the format
7.19provided by the secretary of state and shall furnish them to any person on request. By
7.20January 1 of each even-numbered year, the secretary of state shall make the forms to be
7.21used available to auditors through electronic means. An application submitted pursuant
7.22to this subdivision shall be in writing
7.23submitted in person or by mail to:
7.24 (1) the county auditor of the county where the applicant maintains residence; or
7.25 (2) the municipal clerk of the municipality, or school district if applicable, where
7.26the applicant maintains residence.
7.27For a federal, state, or county election, an absentee ballot application may alternatively
7.28be submitted electronically through a secure Web site that shall be maintained by the
7.29secretary of state for this purpose. Notwithstanding paragraph (b), the secretary of state
7.30must require applicants using the Web site to submit the applicant's e-mail address and
7.31verifiable Minnesota driver's license number, Minnesota state identification card number,
7.32or the last four digits of the applicant's Social Security number.
7.33An application submitted electronically under this paragraph may only be transmitted to
7.34the county auditor for processing if the secretary of state has verified the application
7.35information matches the information in a government database associated with the
8.1applicant's driver's license number, state identification card number, or Social Security
8.2number. The secretary of state must review all unverifiable applications for evidence
8.3of suspicious activity and must forward any such application to an appropriate law
8.4enforcement agency for investigation.
8.5 (b) An application shall be approved if it is timely received, signed and dated by
8.6the applicant, contains the applicant's name and residence and mailing addresses, date
8.7of birth, and at least one of the following:
8.8(1) the applicant's Minnesota driver's license number;
8.9(2) Minnesota state identification card number;
8.10(3) the last four digits of the applicant's Social Security number; or
8.11(4) a statement that the applicant does not have any of these numbers.
8.12(c) To be approved, the application must contain an oath that the information
8.13contained on the form is accurate, that the applicant is applying on the applicant's own
8.14behalf, and that the applicant is signing the form under penalty of perjury.
8.15(d) An applicant's full date of birth, Minnesota driver's license or state identification
8.16number, and the last four digits of the applicant's Social Security number must not be
8.17made available for public inspection. An application may be submitted to the county
8.18auditor or municipal clerk by an electronic facsimile device. An application mailed or
8.19returned in person to the county auditor or municipal clerk on behalf of a voter by a
8.20person other than the voter must be deposited in the mail or returned in person to the
8.21county auditor or municipal clerk within ten days after it has been dated by the voter and
8.22no later than six days before the election. The absentee ballot applications or a list of
8.23persons applying for an absentee ballot may not be made available for public inspection
8.24until the close of voting on election day.
8.25 (e) An application under this subdivision may contain an application under
8.26subdivision 5 to automatically receive an absentee ballot application.
8.27 Sec. 9. Minnesota Statutes 2012, section 203B.04, is amended by adding a subdivision
8.28to read:
8.29 Subd. 7. Web site security. The secretary of state shall maintain a log of each
8.30Internet Protocol address used to submit an absentee ballot application electronically under
8.31this section, and must monitor the log, volume of Web site use, and other appropriate
8.32indicators for suspicious activity. Evidence of suspicious activity that cannot be resolved
8.33by the secretary of state must be forwarded to an appropriate law enforcement agency for
8.34investigation.
9.1 Sec. 10. Minnesota Statutes 2012, section 203B.17, is amended to read:
9.2203B.17 APPLICATION FOR BALLOT.
9.3 Subdivision 1. Submission of application. (a) An application for absentee ballots
9.4for a voter described in section
9.5
9.6electronically through a secure Web site that shall be maintained by the secretary of state
9.7for this purpose, upon determination by the secretary of state that security concerns have
9.8been adequately addressed. An application for absentee ballots for a voter described in
9.9section
9.10brother, or child over the age of 18 years. For purposes of an application under this
9.11subdivision, a person's Social Security number, no matter how it is designated, qualifies as
9.12the person's military identification number if the person is in the military.
9.13(b) An application for a voter described in section
9.14submitted to the county auditor of the county where the voter maintains residence or
9.15through the secure Web site maintained by the secretary of state.
9.16(c) An application for a voter described in section
9.17submitted to the county auditor of the county where the voter last maintained residence in
9.18Minnesota or through the secure Web site maintained by the secretary of state.
9.19(d) An application for absentee ballots shall be valid for any primary, special
9.20primary, general election, or special election from the time the application is received
9.21through the end of that calendar year.
9.22(e) There shall be no limitation of time for filing and receiving applications for
9.23ballots under sections
9.24 Subd. 2. Required information. An application shall be accepted if it contains the
9.25following information stated under oath:
9.26 (a) the voter's name, birthdate, and present address of residence in Minnesota, or
9.27former address of residence in Minnesota if the voter is living permanently outside the
9.28United States;
9.29 (b) a statement indicating that the voter is in the military, or is the spouse or
9.30dependent of an individual serving in the military, or is temporarily outside the territorial
9.31limits of the United States, or is living permanently outside the territorial limits of the
9.32United States and voting under federal law;
9.33 (c) a statement that the voter expects to be absent from the precinct at the time
9.34of the election;
9.35 (d) the address to which absentee ballots are to be mailed;
10.1 (e) the voter's signature or the signature and relationship of the individual authorized
10.2to apply on the voter's behalf;
10.3 (f) the voter's passport number, Minnesota driver's license or state identification card
10.4number, or the last four digits of the voter's Social Security number; if the voter does not
10.5have access to any of these documents, the voter or other individual requesting absentee
10.6ballots may attest to the truthfulness of the contents of the application under penalty
10.7of perjury; and
10.8 (g) the voter's e-mail address, if the application was submitted electronically through
10.9the secure Web site maintained by the secretary of state.
10.10Notwithstanding clause (f), an application submitted through the secretary of state's Web
10.11site must include the voter's verifiable Minnesota driver's license number, Minnesota state
10.12identification card number, or the last four digits of the voter's Social Security number,
10.13and may only be transmitted to the county auditor for processing if the secretary of
10.14state has verified the application information matches the information in a government
10.15database associated with the applicant's driver's license number, state identification card
10.16number, or Social Security number. The secretary of state must review all unverifiable
10.17applications for evidence of suspicious activity and must forward any such application to
10.18an appropriate law enforcement agency for investigation.
10.19 Subd. 3. Web site security. The secretary of state shall maintain a log of each
10.20Internet Protocol address used to submit an absentee ballot application electronically under
10.21this section, and must monitor the log, volume of Web site use, and other appropriate
10.22indicators for suspicious activity. Evidence of suspicious activity that cannot be resolved
10.23by the secretary of state must be forwarded to an appropriate law enforcement agency for
10.24investigation.
10.25 Sec. 11. EFFECTIVE DATE.
10.26Sections 1 to 10 are effective the day following final enactment.
