Bill Text: MN HF2265 | 2013-2014 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Secretary of state authorized to obtain data from the Public Safety Department, and to share data.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-05-14 - Secretary of State Chapter 238 05/13/14 [HF2265 Detail]

Download: Minnesota-2013-HF2265-Engrossed.html

1.1A bill for an act
1.2relating to elections; voters; authorizing secretary of state to obtain certain
1.3data from Department of Public Safety; authorizing secretary of state to share
1.4certain data; amending Minnesota Statutes 2012, sections 171.12, subdivision 7a;
1.5201.13, subdivision 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2012, section 171.12, subdivision 7a, is amended to read:
1.8    Subd. 7a. Disclosure of personal information. The commissioner shall disclose
1.9personal information where the use is related to the operation of a motor vehicle or to
1.10public safety. The use of personal information is related to public safety if it concerns the
1.11physical safety or security of drivers, vehicles, pedestrians, or property. The commissioner
1.12may refuse to disclose data under this subdivision when the commissioner concludes that
1.13the requester is likely to use the data for illegal, improper, or noninvestigative purposes.
1.14 The commissioner shall disclose personal information to the secretary of state for the
1.15purpose of increasing voter registration and improving the accuracy of voter registration
1.16records in the statewide voter registration system.

1.17    Sec. 2. Minnesota Statutes 2012, section 201.13, subdivision 3, is amended to read:
1.18    Subd. 3. Use of change of address system. (a) At least once each month the
1.19secretary of state shall obtain a list of individuals registered to vote in this state who have
1.20filed with the United States Postal Service a change of their permanent address. The
1.21secretary of state may also periodically obtain a list of individuals with driver's licenses or
1.22state identification cards to identify those who are registered to vote who have applied to
1.23the Department of Public Safety for a replacement driver's license or identification card
1.24with a different address, and a list of individuals for whom the Department of Public
2.1Safety received notification of a driver's license or state identification card cancellation
2.2due to a change of residency out of state. However, the secretary of state shall not load
2.3data derived from this list these lists into the statewide voter registration system within the
2.447 days before the state primary or 47 days before a November general election.
2.5(b) If the address is changed to another address in this state, the secretary of state shall
2.6locate the precinct in which the voter resides, if possible. If the secretary of state is able to
2.7locate the precinct in which the voter resides, the secretary must transmit the information
2.8about the changed address by electronic means to the county auditor of the county in
2.9which the new address is located. For addresses for which the secretary of state is unable
2.10to determine the precinct, the secretary may forward information to county auditors for
2.11individual review. If the voter has not voted or submitted a voter registration application
2.12since the address change, upon receipt of the information, the county auditor shall update
2.13the voter's address in the statewide voter registration system. The county auditor shall mail
2.14to the voter a notice stating the voter's name, address, precinct, and polling place, unless
2.15the voter's record is challenged due to a felony conviction, noncitizenship, name change,
2.16incompetence, or a court's revocation of voting rights of individuals under guardianship, in
2.17which case the auditor must not mail the notice. The notice must advise the voter that the
2.18voter's voting address has been changed and that the voter must notify the county auditor
2.19within 21 days if the new address is not the voter's address of residence. The notice must
2.20state that it must be returned if it is not deliverable to the voter at the named address.
2.21    (c) If the change of permanent address is to an address outside this state, the
2.22secretary of state shall notify by electronic means the auditor of the county where the
2.23voter formerly resided that the voter has moved to another state. If the voter has not voted
2.24or submitted a voter registration application since the address change, the county auditor
2.25shall promptly mail to the voter at the voter's new address a notice advising the voter that
2.26the voter's status in the statewide voter registration system will be changed to "inactive"
2.27unless the voter notifies the county auditor within 21 days that the voter is retaining the
2.28former address as the voter's address of residence, except that if the voter's record is
2.29challenged due to a felony conviction, noncitizenship, name change, incompetence, or
2.30a court's revocation of voting rights of individuals under guardianship, the auditor must
2.31not mail the notice. If the notice is not received by the deadline, the county auditor shall
2.32change the voter's status to "inactive" in the statewide voter registration system.
2.33    (d) If, in order to maintain voter registration records, the secretary of state enters
2.34an agreement to share information or data with an organization governed exclusively by
2.35a group of states, the secretary must first determine that the data security protocols are
2.36sufficient to safeguard the information or data shared. If required by such an agreement,
3.1the secretary of state may share the following data from the statewide voter registration
3.2system and data released to the secretary of state under section 171.12, subdivision 7a:
3.3(1) name;
3.4(2) date of birth;
3.5(3) address;
3.6(4) driver's license or state identification card number;
3.7(5) the last four digits of an individual's Social Security number; and
3.8(6) the date that an individual's record was last updated.
3.9If the secretary of state enters into such an agreement, the secretary and county auditors
3.10must process changes to voter records based upon that data in accordance with this section.
3.11Except as otherwise provided in this subdivision, when data is shared with the secretary of
3.12state by another state, the secretary of state must maintain the same data classification that
3.13the data had while it was in the possession of the state providing the data.

3.14    Sec. 3. RESTRICTION ON USE OF FUNDS.
3.15During the biennium ending June 30, 2015, the secretary of state may not use any
3.16funds appropriated to the office, other than appropriations of federal funds or grant funds,
3.17for purposes of an agreement to share information or data related to voter registration
3.18records with an organization governed exclusively by a group of states.
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