Bill Text: MN HF2166 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Electronic rosters authorized, evaluation required of the use of electronic rosters in the 2014 election, various technical and conforming changes made, and definitions provided.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-05-21 - Secretary of State Chapter 288 [HF2166 Detail]
Download: Minnesota-2013-HF2166-Engrossed.html
Bill Title: Electronic rosters authorized, evaluation required of the use of electronic rosters in the 2014 election, various technical and conforming changes made, and definitions provided.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-05-21 - Secretary of State Chapter 288 [HF2166 Detail]
Download: Minnesota-2013-HF2166-Engrossed.html
1.2relating to elections; providing a study of the use of electronic rosters in
1.3elections; requiring secretary of state to evaluate electronic rosters in 2014
1.4election; authorizing the use of electronic rosters statewide; appropriating
1.5money;proposing coding for new law in Minnesota Statutes, chapter 201.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. ELECTRONIC ROSTER STUDY.
1.10 Subdivision 1. Established. A study is established to explore the use of electronic
1.11rosters in conducting elections. Jurisdictions participating in the study must use
1.12electronic rosters to process election day registration and to verify the registration status
1.13of preregistered voters. The study shall apply to the 2014 state general election. The
1.14standards for conducting the study are provided in this section.
1.15 Subd. 2. Participating municipalities. Precincts located in Baxter, Brainerd,
1.16Dilworth, Eagan, Lakeville, Mankato, Minneapolis, Minnetonka, Moorhead, St. Anthony,
1.17St. Paul, and Sylvan Township may participate in the study. In participating municipalities,
1.18the head elections official may designate individual precincts in the jurisdiction to
1.19participate. A municipality is not required to use electronic rosters in all precincts.
1.20 Subd. 3. Technology requirements. In participating precincts, an electronic roster
1.21must:
1.22(1) be able to be loaded with a data file that includes voter registration data in a file
1.23format prescribed by the secretary of state;
1.24(2) allow for data to be exported in a file format prescribed by the secretary of state;
2.1(3) allow for data to be entered manually or by scanning a Minnesota driver's license
2.2or identification card to locate a voter record or populate a voter registration application
2.3that would be printed and signed and dated by the voter. The printed registration
2.4application can be either a printed form, labels printed with voter information to be affixed
2.5to a preprinted form, or a combination of both;
2.6(4) allow an election judge to update data that was populated from a scanned driver's
2.7license or identification card;
2.8(5) cue an election judge to ask for and input data that is not populated from a
2.9scanned driver's license or identification card that is otherwise required to be collected
2.10from the voter or an election judge;
2.11(6) immediately alert the election judge if the voter has provided information that
2.12indicates that the voter is not eligible to vote;
2.13(7) immediately alert the election judge if the electronic roster indicates that a voter
2.14has already voted in that precinct, the voter's registration status is challenged, or it appears
2.15the voter resides in a different precinct;
2.16(8) provide immediate instructions on how to resolve a particular type of challenge
2.17when a voter's record is challenged;
2.18(9) provide for a printed voter's signature certificate, containing the voter's name,
2.19address of residence, date of birth, voter identification number, the oath required by
2.20Minnesota Statutes, section 204C.10, and a space for the voter's original signature. The
2.21printed voter's signature certificate can be either a printed form or a label printed with the
2.22voter's information to be affixed to the oath;
2.23(10) contain only preregistered voters within the precinct, and not contain
2.24preregistered voter data on voters registered outside of the precinct;
2.25(11) be only networked within the polling location on election day, except for the
2.26purpose of updating absentee ballot records;
2.27(12) meet minimum security, reliability, and networking standards established by the
2.28Office of the Secretary of State in consultation with MN.IT;
2.29(13) be capable of providing a voter's correct polling place; and
2.30(14) perform any other functions necessary for the efficient and secure administration
2.31of the participating election, as determined by the secretary of state.
2.32 Subd. 4. Minnesota Election Law; other law. Except as provided in this section,
2.33the provisions of the Minnesota Election Law apply to this study, so far as practicable.
2.34Voters participating in the safe at home program must be allowed to vote pursuant to
2.35Minnesota Statutes, section 5B.06. Nothing in this section shall be construed to amend
2.36absentee voting provisions in Minnesota Statutes, chapter 203B.
3.1 Subd. 5. Election records retention. All voter's signature certificates and voter
3.2registration applications printed from an electronic roster must be retained pursuant
3.3to Minnesota Statutes, section 204B.40. The electronic rosters must print signature
3.4certificates and voter registration applications on material that will remain legible through
3.5the period prescribed by Minnesota Statutes, section 204B.40. Data on election day
3.6registrants and voter history must be uploaded to the statewide voter registration system
3.7for processing by county auditors.
3.8 Subd. 6. Election day. (a) Participating precincts must use electronic rosters for
3.9election day registration and to process preregistered voters. The printed election day
3.10registration applications must be reviewed when electronic records are processed in the
3.11statewide voter registration system. The election judges shall determine the number of
3.12ballots to be counted by counting the number of original voter certificates or the number
3.13of voter receipts.
3.14(b) Each precinct using electronic rosters shall have a paper backup system approved
3.15by the secretary of state present at the polling place to use in the event that the election
3.16judges are unable to use the electronic roster.
3.17 Subd. 7. Evaluation. The secretary of state must requisition an empirical evaluation
3.18of the use of electronic rosters in the 2014 state general election. The evaluation must also
3.19gather data regarding the time spent by counties processing voter data after the election.
3.20In gathering data, the evaluation must examine both those municipalities participating in
3.21the 2014 electronic roster study and comparable municipalities using paper rosters in
3.22the 2014 state general election. The evaluation must be presented by April 1, 2015, to
3.23the chairs and ranking minority members of the committees in the senate and house of
3.24representatives with primary jurisdiction over elections.
3.25 Subd. 8. Build or buy analysis. The secretary of state, in conjunction with MN.IT
3.26and in consultation with the Minnesota Association of County Officers and League of
3.27Minnesota Cities, must engage in an analysis of the merits of a state-built electronic roster
3.28system or purchasing an electronic roster system from private vendors. This analysis must
3.29be presented by April 2015 to the chairs and ranking minority members of the committees
3.30in the senate and house of representatives with primary jurisdiction over elections.
3.31 Subd. 9. Use of electronic rosters in nonparticipating municipalities. Nothing in
3.32this section prevents a nonparticipating municipality from using electronic rosters in the
3.332014 election. In order to use electronic rosters in the 2014 election, a nonparticipating
3.34municipality must notify the Office of the Secretary of State by August 1, 2014, of the
3.35municipality's intent to use electronic rosters and must certify to the Office of the Secretary
4.1of State by October 1, 2014, that the electronic rosters, and their use, will meet all of
4.2the requirements in subdivisions 3 to 6.
4.3 Subd. 10. Expiration. The authorization for this study expires upon submission
4.4of the report as provided in subdivision 8.
4.5 Sec. 2. APPROPRIATION.
4.6$....... is appropriated from the general fund to the secretary of state in fiscal year
4.72015 to carry out the 2014 electronic roster study authorized under section 1. Of the
4.8amount appropriated under this section, $....... is appropriated to the agency for the
4.9purpose of funding the study as provided in section 1, subdivision 7. Of the amount
4.10appropriated under this section, $....... is appropriated to the agency for the purpose
4.11of offsetting the costs of the 2014 electronic roster study incurred by the jurisdictions
4.12identified in section 1, subdivision 2, or their counties. Of the amount appropriated under
4.13this section, $....... is appropriated to the agency for the purpose of conducting the analysis
4.14as provided in section 1, subdivision 8.
4.15 Sec. 3. EFFECTIVE DATE.
4.16This article is effective the day following final enactment.
4.19 Section 1. [201.225] ELECTRONIC ROSTER AUTHORIZATION.
4.20 Subdivision 1. Authority. A county, municipality, or school district may use
4.21electronic rosters for any election. In a county, municipality, or school district that uses
4.22electronic rosters, the head elections official may designate that some or all of the precincts
4.23use electronic rosters. An electronic roster must comply with all of the requirements of
4.24this section. An electronic roster must include information required in section 201.221,
4.25subdivision 3, and any rules adopted pursuant to that section.
4.26 Subd. 2. Technology requirements. An electronic roster must:
4.27(1) be able to be loaded with a data file that includes voter registration data in a file
4.28format prescribed by the secretary of state;
4.29(2) allow for data to be exported in a file format prescribed by the secretary of state;
4.30(3) allow for data to be entered manually or by scanning a Minnesota driver's license
4.31or identification card to locate a voter record or populate a voter registration application
4.32that would be printed and signed and dated by the voter. The printed registration
5.1application can be either a printed form, labels printed with voter information to be affixed
5.2to a preprinted form, or a combination of both;
5.3(4) allow an election judge to update data that was populated from a scanned driver's
5.4license or identification card;
5.5(5) cue an election judge to ask for and input data that is not populated from a
5.6scanned driver's license or identification card that is otherwise required to be collected
5.7from the voter or an election judge;
5.8(6) immediately alert the election judge if the voter has provided information that
5.9indicates that the voter is not eligible to vote;
5.10(7) immediately alert the election judge if the electronic roster indicates that a voter
5.11has already voted in that precinct, the voter's registration status is challenged, or it appears
5.12the voter resides in a different precinct;
5.13(8) provide immediate instructions on how to resolve a particular type of challenge
5.14when a voter's record is challenged;
5.15(9) provide for a printed voter's signature certificate, containing the voter's name,
5.16address of residence, date of birth, voter identification number, the oath required by section
5.17204C.10, and a space for the voter's original signature. The printed voter's signature
5.18certificate can be either a printed form or a label printed with the voter's information
5.19to be affixed to the oath;
5.20(10) contain only preregistered voters within the precinct, and not contain
5.21preregistered voter data on voters registered outside of the precinct;
5.22(11) be only networked within the polling location on election day, except for the
5.23purpose of updating absentee ballot records;
5.24(12) meet minimum security, reliability, and networking standards established by the
5.25Office of the Secretary of State in consultation with MN.IT;
5.26(13) be capable of providing a voter's correct polling place; and
5.27(14) perform any other functions necessary for the efficient and secure administration
5.28of the participating election, as determined by the secretary of state.
5.29 Subd. 3. Minnesota Election Law; other law. Unless otherwise provided, the
5.30provisions of the Minnesota Election Law apply to the use of electronic rosters. Voters
5.31participating in the safe at home program must be allowed to vote pursuant to section
5.325B.06. Nothing in this section shall be construed to amend absentee voting provisions in
5.33chapter 203B.
5.34 Subd. 4. Election records retention. All voter's signature certificates and voter
5.35registration applications printed from an electronic roster must be retained pursuant
5.36to section 204B.40. The electronic rosters must print signature certificates and voter
6.1registration applications on material that will remain legible through the period prescribed
6.2by section 204B.40. Data on election day registrants and voter history must be uploaded
6.3to the statewide voter registration system for processing by county auditors.
6.4 Subd. 5. Election day. (a) Precincts may use electronic rosters for election day
6.5registration, to process preregistered voters, or both. The printed election day registration
6.6applications must be reviewed when electronic records are processed in the statewide voter
6.7registration system. The election judges shall determine the number of ballots to be counted
6.8by counting the number of original voter certificates or the number of voter receipts.
6.9(b) Each precinct using electronic rosters shall have a paper backup system approved
6.10by the secretary of state present at the polling place to use in the event that the election
6.11judges are unable to use the electronic roster.
6.12 Subd. 6. Reporting; certification; preelection testing. (a) A county, municipality,
6.13or school district that intends to use electronic rosters in an upcoming election must notify
6.14the Office of the Secretary of State at least 90 days before the first election in which the
6.15county, municipality, or school district intends to use electronic rosters. The notification
6.16must specify whether all precincts will use electronic rosters, and if not, specify which
6.17precincts will be using electronic rosters. The notification is valid for all subsequent
6.18elections, unless revoked by the county, municipality, or school district. If precincts within
6.19a county, municipality, or school district that were not included in the initial notification
6.20intend to use electronic rosters, a new notification must be submitted.
6.21(b) The county, municipality, or school district that intends to use electronic rosters
6.22must certify to the Office of the Secretary of State at least 30 days before the election that
6.23the electronic rosters meet all of the requirements in this section.
6.24 Sec. 2. REVISOR'S INSTRUCTION.
6.25The revisor of statutes shall add references to electronic rosters and related
6.26technology where necessary in Minnesota Election Law.
6.27 Sec. 3. EFFECTIVE DATE.
6.28This article is effective July 1, 2014, for elections held on and after January 1, 2015.
1.3elections; requiring secretary of state to evaluate electronic rosters in 2014
1.4election; authorizing the use of electronic rosters statewide; appropriating
1.5money;proposing coding for new law in Minnesota Statutes, chapter 201.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. ELECTRONIC ROSTER STUDY.
1.10 Subdivision 1. Established. A study is established to explore the use of electronic
1.11rosters in conducting elections. Jurisdictions participating in the study must use
1.12electronic rosters to process election day registration and to verify the registration status
1.13of preregistered voters. The study shall apply to the 2014 state general election. The
1.14standards for conducting the study are provided in this section.
1.15 Subd. 2. Participating municipalities. Precincts located in Baxter, Brainerd,
1.16Dilworth, Eagan, Lakeville, Mankato, Minneapolis, Minnetonka, Moorhead, St. Anthony,
1.17St. Paul, and Sylvan Township may participate in the study. In participating municipalities,
1.18the head elections official may designate individual precincts in the jurisdiction to
1.19participate. A municipality is not required to use electronic rosters in all precincts.
1.20 Subd. 3. Technology requirements. In participating precincts, an electronic roster
1.21must:
1.22(1) be able to be loaded with a data file that includes voter registration data in a file
1.23format prescribed by the secretary of state;
1.24(2) allow for data to be exported in a file format prescribed by the secretary of state;
2.1(3) allow for data to be entered manually or by scanning a Minnesota driver's license
2.2or identification card to locate a voter record or populate a voter registration application
2.3that would be printed and signed and dated by the voter. The printed registration
2.4application can be either a printed form, labels printed with voter information to be affixed
2.5to a preprinted form, or a combination of both;
2.6(4) allow an election judge to update data that was populated from a scanned driver's
2.7license or identification card;
2.8(5) cue an election judge to ask for and input data that is not populated from a
2.9scanned driver's license or identification card that is otherwise required to be collected
2.10from the voter or an election judge;
2.11(6) immediately alert the election judge if the voter has provided information that
2.12indicates that the voter is not eligible to vote;
2.13(7) immediately alert the election judge if the electronic roster indicates that a voter
2.14has already voted in that precinct, the voter's registration status is challenged, or it appears
2.15the voter resides in a different precinct;
2.16(8) provide immediate instructions on how to resolve a particular type of challenge
2.17when a voter's record is challenged;
2.18(9) provide for a printed voter's signature certificate, containing the voter's name,
2.19address of residence, date of birth, voter identification number, the oath required by
2.20Minnesota Statutes, section 204C.10, and a space for the voter's original signature. The
2.21printed voter's signature certificate can be either a printed form or a label printed with the
2.22voter's information to be affixed to the oath;
2.23(10) contain only preregistered voters within the precinct, and not contain
2.24preregistered voter data on voters registered outside of the precinct;
2.25(11) be only networked within the polling location on election day, except for the
2.26purpose of updating absentee ballot records;
2.27(12) meet minimum security, reliability, and networking standards established by the
2.28Office of the Secretary of State in consultation with MN.IT;
2.29(13) be capable of providing a voter's correct polling place; and
2.30(14) perform any other functions necessary for the efficient and secure administration
2.31of the participating election, as determined by the secretary of state.
2.32 Subd. 4. Minnesota Election Law; other law. Except as provided in this section,
2.33the provisions of the Minnesota Election Law apply to this study, so far as practicable.
2.34Voters participating in the safe at home program must be allowed to vote pursuant to
2.35Minnesota Statutes, section 5B.06. Nothing in this section shall be construed to amend
2.36absentee voting provisions in Minnesota Statutes, chapter 203B.
3.1 Subd. 5. Election records retention. All voter's signature certificates and voter
3.2registration applications printed from an electronic roster must be retained pursuant
3.3to Minnesota Statutes, section 204B.40. The electronic rosters must print signature
3.4certificates and voter registration applications on material that will remain legible through
3.5the period prescribed by Minnesota Statutes, section 204B.40. Data on election day
3.6registrants and voter history must be uploaded to the statewide voter registration system
3.7for processing by county auditors.
3.8 Subd. 6. Election day. (a) Participating precincts must use electronic rosters for
3.9election day registration and to process preregistered voters. The printed election day
3.10registration applications must be reviewed when electronic records are processed in the
3.11statewide voter registration system. The election judges shall determine the number of
3.12ballots to be counted by counting the number of original voter certificates or the number
3.13of voter receipts.
3.14(b) Each precinct using electronic rosters shall have a paper backup system approved
3.15by the secretary of state present at the polling place to use in the event that the election
3.16judges are unable to use the electronic roster.
3.17 Subd. 7. Evaluation. The secretary of state must requisition an empirical evaluation
3.18of the use of electronic rosters in the 2014 state general election. The evaluation must also
3.19gather data regarding the time spent by counties processing voter data after the election.
3.20In gathering data, the evaluation must examine both those municipalities participating in
3.21the 2014 electronic roster study and comparable municipalities using paper rosters in
3.22the 2014 state general election. The evaluation must be presented by April 1, 2015, to
3.23the chairs and ranking minority members of the committees in the senate and house of
3.24representatives with primary jurisdiction over elections.
3.25 Subd. 8. Build or buy analysis. The secretary of state, in conjunction with MN.IT
3.26and in consultation with the Minnesota Association of County Officers and League of
3.27Minnesota Cities, must engage in an analysis of the merits of a state-built electronic roster
3.28system or purchasing an electronic roster system from private vendors. This analysis must
3.29be presented by April 2015 to the chairs and ranking minority members of the committees
3.30in the senate and house of representatives with primary jurisdiction over elections.
3.31 Subd. 9. Use of electronic rosters in nonparticipating municipalities. Nothing in
3.32this section prevents a nonparticipating municipality from using electronic rosters in the
3.332014 election. In order to use electronic rosters in the 2014 election, a nonparticipating
3.34municipality must notify the Office of the Secretary of State by August 1, 2014, of the
3.35municipality's intent to use electronic rosters and must certify to the Office of the Secretary
4.1of State by October 1, 2014, that the electronic rosters, and their use, will meet all of
4.2the requirements in subdivisions 3 to 6.
4.3 Subd. 10. Expiration. The authorization for this study expires upon submission
4.4of the report as provided in subdivision 8.
4.5 Sec. 2. APPROPRIATION.
4.6$....... is appropriated from the general fund to the secretary of state in fiscal year
4.72015 to carry out the 2014 electronic roster study authorized under section 1. Of the
4.8amount appropriated under this section, $....... is appropriated to the agency for the
4.9purpose of funding the study as provided in section 1, subdivision 7. Of the amount
4.10appropriated under this section, $....... is appropriated to the agency for the purpose
4.11of offsetting the costs of the 2014 electronic roster study incurred by the jurisdictions
4.12identified in section 1, subdivision 2, or their counties. Of the amount appropriated under
4.13this section, $....... is appropriated to the agency for the purpose of conducting the analysis
4.14as provided in section 1, subdivision 8.
4.15 Sec. 3. EFFECTIVE DATE.
4.16This article is effective the day following final enactment.
4.19 Section 1. [201.225] ELECTRONIC ROSTER AUTHORIZATION.
4.20 Subdivision 1. Authority. A county, municipality, or school district may use
4.21electronic rosters for any election. In a county, municipality, or school district that uses
4.22electronic rosters, the head elections official may designate that some or all of the precincts
4.23use electronic rosters. An electronic roster must comply with all of the requirements of
4.24this section. An electronic roster must include information required in section 201.221,
4.25subdivision 3, and any rules adopted pursuant to that section.
4.26 Subd. 2. Technology requirements. An electronic roster must:
4.27(1) be able to be loaded with a data file that includes voter registration data in a file
4.28format prescribed by the secretary of state;
4.29(2) allow for data to be exported in a file format prescribed by the secretary of state;
4.30(3) allow for data to be entered manually or by scanning a Minnesota driver's license
4.31or identification card to locate a voter record or populate a voter registration application
4.32that would be printed and signed and dated by the voter. The printed registration
5.1application can be either a printed form, labels printed with voter information to be affixed
5.2to a preprinted form, or a combination of both;
5.3(4) allow an election judge to update data that was populated from a scanned driver's
5.4license or identification card;
5.5(5) cue an election judge to ask for and input data that is not populated from a
5.6scanned driver's license or identification card that is otherwise required to be collected
5.7from the voter or an election judge;
5.8(6) immediately alert the election judge if the voter has provided information that
5.9indicates that the voter is not eligible to vote;
5.10(7) immediately alert the election judge if the electronic roster indicates that a voter
5.11has already voted in that precinct, the voter's registration status is challenged, or it appears
5.12the voter resides in a different precinct;
5.13(8) provide immediate instructions on how to resolve a particular type of challenge
5.14when a voter's record is challenged;
5.15(9) provide for a printed voter's signature certificate, containing the voter's name,
5.16address of residence, date of birth, voter identification number, the oath required by section
5.17204C.10, and a space for the voter's original signature. The printed voter's signature
5.18certificate can be either a printed form or a label printed with the voter's information
5.19to be affixed to the oath;
5.20(10) contain only preregistered voters within the precinct, and not contain
5.21preregistered voter data on voters registered outside of the precinct;
5.22(11) be only networked within the polling location on election day, except for the
5.23purpose of updating absentee ballot records;
5.24(12) meet minimum security, reliability, and networking standards established by the
5.25Office of the Secretary of State in consultation with MN.IT;
5.26(13) be capable of providing a voter's correct polling place; and
5.27(14) perform any other functions necessary for the efficient and secure administration
5.28of the participating election, as determined by the secretary of state.
5.29 Subd. 3. Minnesota Election Law; other law. Unless otherwise provided, the
5.30provisions of the Minnesota Election Law apply to the use of electronic rosters. Voters
5.31participating in the safe at home program must be allowed to vote pursuant to section
5.325B.06. Nothing in this section shall be construed to amend absentee voting provisions in
5.33chapter 203B.
5.34 Subd. 4. Election records retention. All voter's signature certificates and voter
5.35registration applications printed from an electronic roster must be retained pursuant
5.36to section 204B.40. The electronic rosters must print signature certificates and voter
6.1registration applications on material that will remain legible through the period prescribed
6.2by section 204B.40. Data on election day registrants and voter history must be uploaded
6.3to the statewide voter registration system for processing by county auditors.
6.4 Subd. 5. Election day. (a) Precincts may use electronic rosters for election day
6.5registration, to process preregistered voters, or both. The printed election day registration
6.6applications must be reviewed when electronic records are processed in the statewide voter
6.7registration system. The election judges shall determine the number of ballots to be counted
6.8by counting the number of original voter certificates or the number of voter receipts.
6.9(b) Each precinct using electronic rosters shall have a paper backup system approved
6.10by the secretary of state present at the polling place to use in the event that the election
6.11judges are unable to use the electronic roster.
6.12 Subd. 6. Reporting; certification; preelection testing. (a) A county, municipality,
6.13or school district that intends to use electronic rosters in an upcoming election must notify
6.14the Office of the Secretary of State at least 90 days before the first election in which the
6.15county, municipality, or school district intends to use electronic rosters. The notification
6.16must specify whether all precincts will use electronic rosters, and if not, specify which
6.17precincts will be using electronic rosters. The notification is valid for all subsequent
6.18elections, unless revoked by the county, municipality, or school district. If precincts within
6.19a county, municipality, or school district that were not included in the initial notification
6.20intend to use electronic rosters, a new notification must be submitted.
6.21(b) The county, municipality, or school district that intends to use electronic rosters
6.22must certify to the Office of the Secretary of State at least 30 days before the election that
6.23the electronic rosters meet all of the requirements in this section.
6.24 Sec. 2. REVISOR'S INSTRUCTION.
6.25The revisor of statutes shall add references to electronic rosters and related
6.26technology where necessary in Minnesota Election Law.
6.27 Sec. 3. EFFECTIVE DATE.
6.28This article is effective July 1, 2014, for elections held on and after January 1, 2015.
