Bill Text: MN HF2188 | 2011-2012 | 87th Legislature | Engrossed


Bill Title: Voter eligibility provisions for individuals under guardianship conformed to constitutional requirements, other related procedures modified, and money appropriated.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2012-03-19 - Committee report, to pass as amended and re-refer to Ways and Means [HF2188 Detail]

Download: Minnesota-2011-HF2188-Engrossed.html

1.1A bill for an act
1.2relating to elections; conforming certain voter eligibility provisions for
1.3individuals under guardianship to constitutional requirements; modifying other
1.4related procedures; appropriating money;amending Minnesota Statutes 2010,
1.5sections 201.014, subdivision 2; 201.091, subdivision 9; 201.15, subdivision 1;
1.6204C.10; 524.5-102, by adding subdivisions; 524.5-120; 524.5-310; 524.5-313;
1.7524.5-316; proposing coding for new law in Minnesota Statutes, chapter 524.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9    Section 1. Minnesota Statutes 2010, section 201.014, subdivision 2, is amended to read:
1.10    Subd. 2. Not eligible. The following individuals are not eligible to vote. Any
1.11individual:
1.12(a) convicted of treason or any felony whose civil rights have not been restored;
1.13(b) under a guardianship in which the court order revokes the ward's right to vote; or
1.14(c) found by a court of law to be legally incompetent.

1.15    Sec. 2. Minnesota Statutes 2010, section 201.091, subdivision 9, is amended to read:
1.16    Subd. 9. Restricted data. A list provided for public inspection or purchase, for jury
1.17selection, or in response to a law enforcement inquiry, must not include a voter's date of
1.18birth or any part of a voter's Social Security number, driver's license number, identification
1.19card number, military identification card number, or passport number.

1.20    Sec. 3. Minnesota Statutes 2010, section 201.15, subdivision 1, is amended to read:
1.21    Subdivision 1. Guardianships and incompetents. Pursuant to the Help America
1.22Vote Act of 2002, Public Law 107-252, the state court administrator shall report regularly
1.23by electronic means to the secretary of state the name, address, date of birth, and, if
2.1available, driver's license or state identification card number of each individual 18 years
2.2of age or over, who since the last report:
2.3(1) was placed under a guardianship in which the court order revokes the ward's
2.4right to vote; or
2.5(2) was adjudged legally incompetent.
2.6The court administrator shall also report the same information for each individual
2.7transferred to the jurisdiction of the court who meets a condition specified in clause (1) or
2.8(2). The secretary of state shall determine if any of the persons in the report is registered to
2.9vote and shall prepare a list of those registrants for the county auditor. The county auditor
2.10shall change the status on the record in the statewide registration system of any individual
2.11named in the report to indicate that the individual is not eligible to reregister or vote.

2.12    Sec. 4. Minnesota Statutes 2010, section 204C.10, is amended to read:
2.13204C.10 PERMANENT REGISTRATION; VERIFICATION OF
2.14REGISTRATION.
2.15(a) An individual seeking to vote shall sign a polling place roster which states
2.16that the individual is at least 18 years of age, a citizen of the United States, has resided
2.17in Minnesota for 20 days immediately preceding the election, maintains residence at
2.18the address shown, is not under a guardianship in which the court order revokes the
2.19individual's right to vote, has not been found by a court of law to be legally incompetent to
2.20vote or has the right to vote because, if the individual was convicted of a felony, the felony
2.21sentence has expired or been completed or the individual has been discharged from the
2.22sentence, is registered and has not already voted in the election. The roster must also state:
2.23"I understand that deliberately providing false information is a felony punishable by not
2.24more than five years imprisonment and a fine of not more than $10,000, or both."
2.25(b) A judge may, before the applicant signs the roster, confirm the applicant's name,
2.26address, and date of birth.
2.27(c) After the applicant signs the roster, the judge shall give the applicant a voter's
2.28receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
2.29of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
2.30voters' receipts must be maintained during the time for notice of filing an election contest.

2.31    Sec. 5. Minnesota Statutes 2010, section 524.5-102, is amended by adding a
2.32subdivision to read:
3.1    Subd. 5a. Guardianship. "Guardianship" means that a ward is under a court
3.2order that restricts the right to vote due to the ward lacking sufficient understanding or
3.3capacity to vote.

3.4    Sec. 6. Minnesota Statutes 2010, section 524.5-102, is amended by adding a
3.5subdivision to read:
3.6    Subd. 9a. Limited guardianship. "Limited guardianship" means that a ward
3.7is under a court order that restricts some rights due to the ward lacking sufficient
3.8understanding or capacity but does not restrict the right to vote.

3.9    Sec. 7. Minnesota Statutes 2010, section 524.5-120, is amended to read:
3.10524.5-120 BILL OF RIGHTS FOR WARDS AND PROTECTED PERSONS.
3.11The ward or protected person retains all rights not restricted by court order and these
3.12rights must be enforced by the court. These rights include the right to:
3.13(1) treatment with dignity and respect;
3.14(2) due consideration of current and previously stated personal desires, medical
3.15treatment preferences, religious beliefs, and other preferences and opinions in decisions
3.16made by the guardian or conservator;
3.17(3) receive timely and appropriate health care and medical treatment that does not
3.18violate known conscientious, religious, or moral beliefs of the ward or protected person;
3.19(4) exercise control of all aspects of life not delegated specifically by court order
3.20to the guardian or conservator;
3.21(5) guardianship, limited guardianship, or conservatorship services individually
3.22suited to the ward's or protected person's conditions and needs;
3.23(6) petition the court to prevent or initiate a change in abode;
3.24(7) care, comfort, social and recreational needs, training, education, habilitation, and
3.25rehabilitation care and services, within available resources;
3.26(8) be consulted concerning, and to decide to the extent possible, the reasonable
3.27care and disposition of the ward's or protected person's clothing, furniture, vehicles, and
3.28other personal effects, to object to the disposition of personal property and effects, and to
3.29petition the court for a review of the guardian's or conservator's proposed disposition;
3.30(9) personal privacy;
3.31(10) communication and visitation with persons of the ward's or protected person's
3.32choice, provided that if the guardian has found that certain communication or visitation
3.33may result in harm to the ward's or protected person's health, safety, or well-being, that
4.1communication or visitation may be restricted but only to the extent necessary to prevent
4.2the harm;
4.3(11) marry and procreate, unless court approval is required, and to consent or object
4.4to sterilization as provided in section 524.5-313, paragraph (c), clause (4), item (iv);
4.5(12) petition the court for termination or modification of the guardianship or
4.6conservatorship or for other appropriate relief;
4.7(13) be represented by an attorney in any proceeding or for the purpose of petitioning
4.8the court; and
4.9(14) vote, unless restricted by the court; and
4.10(15) (14) execute a health care directive, including both health care instructions and
4.11the appointment of a health care agent, if the court has not granted a guardian any of the
4.12powers or duties under section 524.5-313, paragraph (c), clause (1), (2), or (4).
4.13Pursuant to the Minnesota Constitution, article VII, an individual placed under a
4.14guardianship shall not be entitled or permitted to vote at any election in this state.

4.15    Sec. 8. Minnesota Statutes 2010, section 524.5-310, is amended to read:
4.16524.5-310 FINDINGS; ORDER OF APPOINTMENT.
4.17(a) The court may appoint a limited or unlimited guardian for a respondent only if it
4.18finds by clear and convincing evidence that:
4.19(1) the respondent is an incapacitated person; and
4.20(2) the respondent's identified needs cannot be met by less restrictive means,
4.21including use of appropriate technological assistance.
4.22(b) Alternatively, the court, with appropriate findings, may treat the petition as
4.23one for a protective order under section 524.5-401, enter any other appropriate order, or
4.24dismiss the proceeding.
4.25(c) The court shall grant to a guardian only those powers necessitated by the ward's
4.26limitations and demonstrated needs and, whenever feasible, make appointive and other
4.27orders that will encourage the development of the ward's maximum self-reliance and
4.28independence. Any power not specifically granted to the guardian, following a written
4.29finding by the court of a demonstrated need for that power, is retained by the ward.
4.30In making an order, the court shall explicitly declare whether the order establishes a
4.31guardianship or a limited guardianship, and the effect of the order on the ward's right to
4.32vote.
4.33(d) If the court grants the guardian any of the powers or duties under section
4.34524.5-313 , paragraph (c), clause (1), (2), or (4), the authority of a previously appointed
4.35health care agent to make health care decisions, as defined in section 145C.01, subdivision
5.15, is suspended until further order of the court or as otherwise provided by this section.
5.2The court may declare a health care directive unenforceable as provided in section
5.3145C.09, subdivision 3 . The court may declare that a health care directive has been
5.4revoked by the ward if the court finds, by clear and convincing evidence, that the ward has
5.5revoked the health care directive as provided in section 145C.09, subdivision 1.
5.6(e) A health care agent or other person legally appointed by the ward to control final
5.7disposition of the ward's remains under section 145C.05, subdivision 2, clause (7), or
5.8149A.80 , or a health care agent authorized to make organ or tissue donations under section
5.9525A.04 or 525A.09, may make health care decisions as defined in section 145C.01,
5.10subdivision 5, on behalf of the ward for the purpose of preparing the ward's body for organ
5.11or tissue donation or final disposition of the ward's remains, as applicable.
5.12(f) Within 14 days after an appointment, a guardian shall send or deliver to the ward,
5.13and counsel if represented at the hearing, a copy of the order of appointment accompanied
5.14by a notice which advises the ward of the right to appeal the guardianship appointment in
5.15the time and manner provided by the Rules of Appellate Procedure.
5.16(g) Each year, within 30 days after the anniversary date of an appointment, a
5.17guardian shall send or deliver to the ward and to interested persons of record with the
5.18court a notice of the right to request termination or modification of the guardianship or to
5.19request an order that is in the best interests of the ward or for other appropriate relief, and
5.20notice of the status of the ward's right to vote.
5.21(h) Within 14 days after an appointment, a guardian shall send, by certified mail, a
5.22copy of the order of appointment to the ward's current residential address. The mailing
5.23must be addressed to the ward and, if applicable, the administrator or other responsible
5.24person at the facility in which the ward resides. If a ward's residential address changes, the
5.25guardian must send a new copy of the original order of appointment and, if applicable,
5.26any modification to the order made by the court to the new residential address by certified
5.27mail within 30 days of the change of address. The requirements of this paragraph do not
5.28apply if the guardian resides at the same address as the ward.

5.29    Sec. 9. Minnesota Statutes 2010, section 524.5-313, is amended to read:
5.30524.5-313 POWERS AND DUTIES OF GUARDIAN.
5.31(a) A guardian shall be subject to the control and direction of the court at all times
5.32and in all things.
5.33(b) The court shall grant to a guardian only those powers necessary to provide
5.34for the demonstrated needs of the ward.
6.1(c) The court may appoint a guardian if it determines that all the powers and duties
6.2listed in this section are needed to provide for the needs of the incapacitated person. The
6.3court may also appoint a guardian if it determines that a guardian is needed to provide
6.4for the needs of the incapacitated person through the exercise of some, but not all, of the
6.5powers and duties listed in this section. The duties and powers of a guardian or those
6.6which the court may grant to a guardian include, but are not limited to:
6.7(1) the power to have custody of the ward and the power to establish a place of
6.8abode within or outside the state, except as otherwise provided in this clause. The ward or
6.9any interested person may petition the court to prevent or to initiate a change in abode. A
6.10ward may not be admitted to a regional treatment center by the guardian except:
6.11(i) after a hearing under chapter 253B;
6.12(ii) for outpatient services; or
6.13(iii) for the purpose of receiving temporary care for a specific period of time not
6.14to exceed 90 days in any calendar year;
6.15(2) the duty to provide for the ward's care, comfort, and maintenance needs,
6.16including food, clothing, shelter, health care, social and recreational requirements, and,
6.17whenever appropriate, training, education, and habilitation or rehabilitation. The guardian
6.18has no duty to pay for these requirements out of personal funds. Whenever possible and
6.19appropriate, the guardian should meet these requirements through governmental benefits
6.20or services to which the ward is entitled, rather than from the ward's estate. Failure to
6.21satisfy the needs and requirements of this clause shall be grounds for removal of a private
6.22guardian, but the guardian shall have no personal or monetary liability;
6.23(3) the duty to take reasonable care of the ward's clothing, furniture, vehicles,
6.24and other personal effects, and, if other property requires protection, the power to seek
6.25appointment of a conservator of the estate. The guardian must give notice by mail to
6.26interested persons prior to the disposition of the ward's clothing, furniture, vehicles, or
6.27other personal effects. The notice must inform the person of the right to object to the
6.28disposition of the property within ten days of the date of mailing and to petition the court
6.29for a review of the guardian's proposed actions. Notice of the objection must be served
6.30by mail or personal service on the guardian and the ward unless the ward is the objector.
6.31The guardian served with notice of an objection to the disposition of the property may not
6.32dispose of the property unless the court approves the disposition after a hearing;
6.33(4)(i) the power to give any necessary consent to enable the ward to receive
6.34necessary medical or other professional care, counsel, treatment, or service, except that no
6.35guardian may give consent for psychosurgery, electroshock, sterilization, or experimental
6.36treatment of any kind unless the procedure is first approved by order of the court as
7.1provided in this clause. The guardian shall not consent to any medical care for the ward
7.2which violates the known conscientious, religious, or moral belief of the ward;
7.3(ii) a guardian who believes a procedure described in item (i) requiring prior court
7.4approval to be necessary for the proper care of the ward, shall petition the court for an
7.5order and, in the case of a public guardianship under chapter 252A, obtain the written
7.6recommendation of the commissioner of human services. The court shall fix the time
7.7and place for the hearing and shall give notice to the ward in such manner as specified
7.8in section 524.5-308 and to interested persons. The court shall appoint an attorney to
7.9represent the ward who is not represented by counsel, provided that such appointment
7.10shall expire upon the expiration of the appeal time for the order issued by the court under
7.11this section or the order dismissing a petition, or upon such other time or event as the court
7.12may direct. In every case the court shall determine if the procedure is in the best interest
7.13of the ward. In making its determination, the court shall consider a written medical report
7.14which specifically considers the medical risks of the procedure, whether alternative, less
7.15restrictive methods of treatment could be used to protect the best interest of the ward, and
7.16any recommendation of the commissioner of human services for a public ward. The
7.17standard of proof is that of clear and convincing evidence;
7.18(iii) in the case of a petition for sterilization of a developmentally disabled ward, the
7.19court shall appoint a licensed physician, a psychologist who is qualified in the diagnosis
7.20and treatment of developmental disability, and a social worker who is familiar with the
7.21ward's social history and adjustment or the case manager for the ward to examine or
7.22evaluate the ward and to provide written reports to the court. The reports shall indicate
7.23why sterilization is being proposed, whether sterilization is necessary and is the least
7.24intrusive method for alleviating the problem presented, and whether it is in the best
7.25interest of the ward. The medical report shall specifically consider the medical risks of
7.26sterilization, the consequences of not performing the sterilization, and whether alternative
7.27methods of contraception could be used to protect the best interest of the ward;
7.28(iv) any ward whose right to consent to a sterilization has not been restricted under
7.29this section or section 252A.101 may be sterilized only if the ward consents in writing
7.30or there is a sworn acknowledgment by an interested person of a nonwritten consent
7.31by the ward. The consent must certify that the ward has received a full explanation
7.32from a physician or registered nurse of the nature and irreversible consequences of the
7.33sterilization;
7.34(v) a guardian or the public guardian's designee who acts within the scope of
7.35authority conferred by letters of guardianship under section 252A.101, subdivision 7, and
7.36according to the standards established in this chapter or in chapter 252A shall not be
8.1civilly or criminally liable for the provision of any necessary medical care, including,
8.2but not limited to, the administration of psychotropic medication or the implementation
8.3of aversive and deprivation procedures to which the guardian or the public guardian's
8.4designee has consented;
8.5(5) in the event there is no duly appointed conservator of the ward's estate, the
8.6guardian shall have the power to approve or withhold approval of any contract, except for
8.7necessities, which the ward may make or wish to make;
8.8(6) the duty and power to exercise supervisory authority over the ward in a manner
8.9which limits civil rights and restricts personal freedom only to the extent necessary to
8.10provide needed care and services;
8.11(7) if there is no acting conservator of the estate for the ward, the guardian has the
8.12power to apply on behalf of the ward for any assistance, services, or benefits available to
8.13the ward through any unit of government;.
8.14(8) unless otherwise ordered by the court, the ward retains the right to vote.
8.15Pursuant to the Minnesota Constitution, article VII, an individual placed under a
8.16guardianship shall not be entitled or permitted to vote at any election in this state.

8.17    Sec. 10. Minnesota Statutes 2010, section 524.5-316, is amended to read:
8.18524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT
8.19ORDERS.
8.20    Subdivision 1. Annual report of guardian. (a) A guardian shall report to the
8.21court in writing on the condition of the ward at least annually and whenever ordered by
8.22the court. A copy of the report must be provided to the ward and to interested persons
8.23of record with the court. A report must state or contain:
8.24(1) the current mental, physical, and social condition of the ward;
8.25(2) the living arrangements for all addresses of the ward during the reporting period;
8.26(3) any restrictions placed on the ward's right to communication and visitation with
8.27persons of the ward's choice and the factual bases for those restrictions;
8.28(4) the medical, educational, vocational, and other services provided to the ward and
8.29the guardian's opinion as to the adequacy of the ward's care;
8.30(5) a recommendation as to the need for continued guardianship and any
8.31recommended changes in the scope of the guardianship, including whether, in the view of
8.32the guardian, the ward's eligibility to vote should be restored or continue unchanged;
8.33(6) an address and telephone number where the guardian can be contacted;
8.34(7) whether the guardian has ever been removed for cause from serving as a guardian
8.35or conservator and, if so, the case number and court location;
9.1(8) any changes occurring that would affect the accuracy of information contained
9.2in the most recent criminal background study of the guardian conducted under section
9.3524.5-118 ; and
9.4(9) if applicable, the amount of reimbursement for services rendered to the ward
9.5that the guardian received during the previous year that were not reimbursed by county
9.6contract.
9.7(b) A ward or interested person of record with the court may submit to the court a
9.8written statement disputing statements or conclusions regarding the condition of the ward
9.9that are contained in the report and may petition the court for an order that is in the best
9.10interests of the ward or for other appropriate relief.
9.11(c) An interested person may notify the court in writing that the interested person
9.12does not wish to receive copies of reports required under this section.
9.13(d) The court may appoint a visitor to review a report, interview the ward or
9.14guardian, and make any other investigation the court directs.
9.15(e) The court shall establish a system for monitoring guardianships, including the
9.16filing and review of annual reports. If an annual report is not filed within 60 days of the
9.17required date, the court shall issue an order to show cause.
9.18    Subd. 2. Annual review; ward's capacity to vote. (a) If the well-being report of a
9.19limited guardian under subdivision 1 indicates a change in conditions affecting a ward's
9.20capacity to make independent voting decisions at an election, the court may issue a written
9.21order as to the ward's eligibility to vote. If the court makes a determination regarding
9.22a ward's capacity or incapacity to vote, the court must consider the limited guardian's
9.23recommendation, any documents submitted in the annual well-being report, and previous
9.24court orders and records related to the ward's capacity as evidence of the ward's capacity
9.25or incapacity to make independent voting decisions, and must affirmatively order that the
9.26ward's eligibility to vote is rescinded or continues unchanged, provided that the right to
9.27vote may not be rescinded without a hearing. An order by the court under this paragraph
9.28may be modified by the court at any time. A copy of the written order shall be sent to the
9.29guardian by standard United States mail within 30 days of the date it is issued.
9.30(b) The limited guardian shall send, by certified mail, a copy of the court order or
9.31notification made by the court under this subdivision to the ward's current residential
9.32address within 30 days after it is made or the order is received. The mailing must be
9.33addressed to the ward and, if applicable, the administrator or other responsible person
9.34at the facility in which the ward resides. If a ward's residential address changes, the
9.35guardian shall send a new copy of the court's most recent order by certified mail to the
10.1new residential address within 30 days of the change of address. The requirements of this
10.2paragraph do not apply if the guardian resides at the same address as the ward.

10.3    Sec. 11. [524.5-318] DUTIES OF FACILITIES PROVIDING HOUSING TO A
10.4WARD.
10.5(a) The administrator or other responsible person overseeing a residential facility
10.6housing one or more wards must:
10.7(1) maintain all documents submitted to the facility by a guardian related to a ward's
10.8guardianship status and eligibility to vote;
10.9(2) maintain a written list of wards who reside in the facility and the current voting
10.10eligibility status of each, as stated in the court order of appointment provided under section
10.11524.5-310 or a review determination provided under section 524.5-316, subdivision 2; and
10.12(3) ensure that staff directly assisting wards in the voting process only assist those
10.13who are eligible to vote.
10.14(b) As used in this section, "residential facility" has the meaning provided in section
10.15201.061, subdivision 3, paragraph (c).
10.16EFFECTIVE DATE.This section is effective June 1, 2012. The initial list required
10.17by paragraph (a), clause (2), may be compiled on an ongoing basis as documentation is
10.18received from guardians as required by law.

10.19    Sec. 12. NOTIFICATION OF VOTING ELIGIBILITY STATUS; CURRENT
10.20GUARDIANS.
10.21No later than August 1, 2012, the state court administrator shall provide to each
10.22guardian, by standard United States mail, a notice restating the current voting eligibility
10.23status of any ward subject to the guardian's supervision. A ward's voting eligibility
10.24status for purposes of the notice shall be based on the order of the court establishing
10.25the guardianship or any subsequent order of the court affecting the ward's right to vote,
10.26provided that nothing in this section requires the court to reconsider a previous order or
10.27issue a new order related to the ward's right to vote for the sole purpose of providing the
10.28notice required under this section.
10.29EFFECTIVE DATE.This section is effective the day following final enactment.

10.30    Sec. 13. ELECTION MATERIALS; USE OF EXISTING SUPPLY.
10.31The secretary of state, county auditors, and municipal clerks may exhaust existing
10.32supplies of voter registration applications and any other affected election materials before
11.1producing materials with the modifications required by this act. Necessary updates to any
11.2informational guide prepared by the secretary of state shall be published as an addendum
11.3and distributed by the secretary of state by electronic means.

11.4    Sec. 14. APPROPRIATIONS.
11.5(a) $13,600 is appropriated from the general fund to the secretary of state for costs
11.6associated with this act.
11.7(b) $....... is appropriated from the general fund to the supreme court for the cost of
11.8providing notifications under section 12.
11.9EFFECTIVE DATE.This section is effective June 1, 2012.

11.10    Sec. 15. EFFECTIVE DATE.
11.11Except where otherwise provided, this act is effective August 1, 2012, and applies to
11.12eligibility to vote in elections occurring on or after that date.
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