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

1.1A bill for an act
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; proposing coding for
1.5new law in Minnesota Statutes, chapter 201.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7ARTICLE 1
1.8ELECTRONIC ROSTER STUDY

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 may use electronic
1.12rosters to process election day registration, to verify the registration status of preregistered
1.13voters, or both. The study shall apply to the 2014 state general election. The standards for
1.14conducting 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    Electronic rosters used only for election day registration do not need to comply with
2.33clauses (1), (8), and (10). Electronic rosters used only for preregistered voter processing
2.34do not need to comply with clauses (4) and (5).
2.35    Subd. 4. Minnesota Election Law; other law. Except as provided in this section,
2.36the provisions of the Minnesota Election Law apply to this study, so far as practicable.
3.1Voters participating in the safe at home program must be allowed to vote pursuant to
3.2Minnesota Statutes, section 5B.06. Nothing in this section shall be construed to amend
3.3absentee voting provisions in Minnesota Statutes, chapter 203B.
3.4    Subd. 5. Election records retention. All voter's signature certificates and voter
3.5registration applications printed from an electronic roster must be retained pursuant
3.6to Minnesota Statutes, section 204B.40. The electronic rosters must print signature
3.7certificates and voter registration applications on material that will remain legible through
3.8the period prescribed by Minnesota Statutes, section 204B.40. Data on election day
3.9registrants and voter history must be uploaded to the statewide voter registration system
3.10for processing by county auditors.
3.11    Subd. 6. Election day. (a) Participating precincts may use electronic rosters for
3.12election day registration, to process preregistered voters, or both. The printed election
3.13day registration applications must be reviewed when electronic records are processed in
3.14the statewide voter registration system. The election judges shall determine the number
3.15of ballots to be counted by counting the number of original voter certificates or the
3.16number of voter receipts.
3.17(b) Each precinct using electronic rosters shall have a paper backup system approved
3.18by the secretary of state present at the polling place to use in the event that the election
3.19judges are unable to use the electronic roster.
3.20    Subd. 7. Evaluation. The secretary of state must evaluate the use of electronic
3.21rosters in the 2014 state general election, and submit a report detailing the results of the
3.22evaluation to the chairs and ranking minority members of the committees in the house
3.23of representatives and the senate with primary jurisdiction over elections no later than
3.24April 1, 2015.
3.25    Subd. 8. Use of electronic rosters in nonparticipating municipalities. Nothing in
3.26this section prevents a nonparticipating municipality from using electronic rosters in the
3.272014 election. In order to use electronic rosters in the 2014 election, a nonparticipating
3.28municipality must notify the Office of the Secretary of State by August 1, 2014, of the
3.29municipality's intent to use electronic rosters and must certify to the Office of the Secretary
3.30of State by October 1, 2014, that the electronic rosters, and their use, will meet all of
3.31the requirements in subdivisions 3 to 6.
3.32    Subd. 9. Expiration. The authorization for this study expires upon submission
3.33of the report as provided in subdivision 7.

3.34    Sec. 2. EFFECTIVE DATE.
3.35This article is effective the day following final enactment.

4.1ARTICLE 2
4.2ELECTRONIC ROSTER AUTHORIZATION

4.3    Section 1. [201.225] ELECTRONIC ROSTER AUTHORIZATION.
4.4    Subdivision 1. Authority. A county, municipality, or school district may use
4.5electronic rosters for any election. In a county, municipality, or school district that uses
4.6electronic rosters, the head elections official may designate that some or all of the precincts
4.7use electronic rosters. An electronic roster must comply with all of the requirements of
4.8this section. An electronic roster must include information required in section 201.221,
4.9subdivision 3, and any rules adopted pursuant to that section.
4.10    Subd. 2. Technology requirements. An electronic roster must:
4.11(1) be able to be loaded with a data file that includes voter registration data in a file
4.12format prescribed by the secretary of state;
4.13(2) allow for data to be exported in a file format prescribed by the secretary of state;
4.14(3) allow for data to be entered manually or by scanning a Minnesota driver's license
4.15or identification card to locate a voter record or populate a voter registration application
4.16that would be printed and signed and dated by the voter. The printed registration
4.17application can be either a printed form, labels printed with voter information to be affixed
4.18to a preprinted form, or a combination of both;
4.19(4) allow an election judge to update data that was populated from a scanned driver's
4.20license or identification card;
4.21(5) cue an election judge to ask for and input data that is not populated from a
4.22scanned driver's license or identification card that is otherwise required to be collected
4.23from the voter or an election judge;
4.24(6) immediately alert the election judge if the voter has provided information that
4.25indicates that the voter is not eligible to vote;
4.26(7) immediately alert the election judge if the electronic roster indicates that a voter
4.27has already voted in that precinct, the voter's registration status is challenged, or it appears
4.28the voter resides in a different precinct;
4.29(8) provide immediate instructions on how to resolve a particular type of challenge
4.30when a voter's record is challenged;
4.31(9) provide for a printed voter's signature certificate, containing the voter's name,
4.32address of residence, date of birth, voter identification number, the oath required by section
4.33204C.10, and a space for the voter's original signature. The printed voter's signature
4.34certificate can be either a printed form or a label printed with the voter's information
4.35to be affixed to the oath;
5.1(10) contain only preregistered voters within the precinct, and not contain
5.2preregistered voter data on voters registered outside of the precinct;
5.3(11) be only networked within the polling location on election day, except for the
5.4purpose of updating absentee ballot records;
5.5(12) meet minimum security, reliability, and networking standards established by the
5.6Office of the Secretary of State in consultation with MN.IT;
5.7(13) be capable of providing a voter's correct polling place; and
5.8(14) perform any other functions necessary for the efficient and secure administration
5.9of the participating election, as determined by the secretary of state.
5.10    Electronic rosters used only for election day registration do not need to comply with
5.11clauses (1), (8), and (10). Electronic rosters used only for preregistered voter processing
5.12do not need to comply with clauses (4) and (5).
5.13    Subd. 3. Minnesota Election Law; other law. Unless otherwise provided, the
5.14provisions of the Minnesota Election Law apply to the use of electronic rosters. Voters
5.15participating in the safe at home program must be allowed to vote pursuant to section
5.165B.06. Nothing in this section shall be construed to amend absentee voting provisions in
5.17chapter 203B.
5.18    Subd. 4. Election records retention. All voter's signature certificates and voter
5.19registration applications printed from an electronic roster must be retained pursuant
5.20to section 204B.40. The electronic rosters must print signature certificates and voter
5.21registration applications on material that will remain legible through the period prescribed
5.22by section 204B.40. Data on election day registrants and voter history must be uploaded
5.23to the statewide voter registration system for processing by county auditors.
5.24    Subd. 5. Election day. (a) Precincts may use electronic rosters for election day
5.25registration, to process preregistered voters, or both. The printed election day registration
5.26applications must be reviewed when electronic records are processed in the statewide voter
5.27registration system. The election judges shall determine the number of ballots to be counted
5.28by counting the number of original voter certificates or the number of voter receipts.
5.29(b) Each precinct using electronic rosters shall have a paper backup system approved
5.30by the secretary of state present at the polling place to use in the event that the election
5.31judges are unable to use the electronic roster.
5.32    Subd. 6. Reporting; certification; preelection testing. (a) A county, municipality,
5.33or school district that intends to use electronic rosters in an upcoming election must notify
5.34the Office of the Secretary of State at least 90 days before the first election in which the
5.35county, municipality, or school district intends to use electronic rosters. The notification
5.36must specify whether all precincts will use electronic rosters, and if not, specify which
6.1precincts will be using electronic rosters. The notification is valid for all subsequent
6.2elections, unless revoked by the county, municipality, or school district. If precincts within
6.3a county, municipality, or school district that were not included in the initial notification
6.4intend to use electronic rosters, a new notification must be submitted.
6.5(b) The county, municipality, or school district that intends to use electronic rosters
6.6must certify to the Office of the Secretary of State at least 30 days before the election that
6.7the electronic rosters meet all of the requirements in this section.

6.8    Sec. 2. REVISOR'S INSTRUCTION.
6.9The revisor of statutes shall add references to electronic rosters and related
6.10technology where necessary in Minnesota Election Law.

6.11    Sec. 3. EFFECTIVE DATE.
6.12This article is effective July 1, 2014, for elections held on and after January 1, 2015.
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