Bill Text: MN HF2327 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Election administration procedures for individuals who have been convicted of a felony modified.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2012-03-14 - Committee report, to pass as amended and re-refer to Ways and Means [HF2327 Detail]
Download: Minnesota-2011-HF2327-Engrossed.html
1.2relating to elections; modifying certain election administration procedures for
1.3individuals who have been convicted of a felony;amending Minnesota Statutes
1.42010, sections 201.054, subdivision 2, by adding a subdivision; 201.157;
1.5201.275; 204C.14; 241.065, subdivision 2; Minnesota Statutes 2011 Supplement,
1.6section 203B.06, subdivision 3; proposing coding for new law in Minnesota
1.7Statutes, chapter 244.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 201.054, is amended by adding a
1.10subdivision to read:
1.11 Subd. 1a. Invalid registrations; notice to voter. If the county auditor has reason
1.12to believe based upon records provided by another public entity that an individual who
1.13has submitted a voter registration application is not eligible to vote, the county auditor
1.14must notify the individual of the reason that the individual's eligibility is in question
1.15and that the individual will not be registered to vote unless the individual reaffirms the
1.16individual's eligibility in writing.
1.17 Sec. 2. Minnesota Statutes 2010, section 201.054, subdivision 2, is amended to read:
1.18 Subd. 2. Prohibitions; penalty; affirmative defense. (a) No individual shall
1.19intentionally:
1.20(a) (1) cause or attempt to cause the individual's name to be registered in any
1.21precinct if the individual is not eligible to vote;
1.22(b) (2) cause or attempt to cause the individual's name to be registered for the
1.23purpose of voting in more than one precinct;
1.24(c) (3) misrepresent the individual's identity when attempting to register to vote; or
2.1(d) (4) aid, abet, counsel, or procure any other individual to violate this subdivision.
2.2A violation of this subdivision is a felony.
2.3An individual who violates clause (1) but does not subsequently cast a ballot is guilty of a
2.4misdemeanor. An individual who violates clause (1) and subsequently casts a ballot is
2.5guilty of a felony. All other violations of this subdivision are a felony.
2.6(b) It is an affirmative defense to a prosecution for violation of paragraph (a), clause
2.7(1), if the individual:
2.8(1) requested, in writing, that the county auditor of the county where the individual
2.9resides withdraw the registration, and the request was made before any complaint was
2.10filed alleging a violation of paragraph (a), clause (1); and
2.11(2) did not vote at an election between the time the registration application was
2.12submitted and the time the individual requested the registration be withdrawn.
2.13 Sec. 3. Minnesota Statutes 2010, section 201.157, is amended to read:
2.14201.157 USE OF DEPARTMENT OF CORRECTIONS DATA.
2.15 Subdivision 1. Access to data. As required by the Help America Vote Act of 2002,
2.16Public Law 107-252, the commissioner of corrections shall make electronic data available
2.17to the secretary of state on individuals 18 years of age or older who are currently:
2.18(1) serving felony sentences under the commissioner's jurisdiction; or
2.19(2) on probation for felony offenses that would result in the loss of civil rights, as
2.20indicated by the statewide supervision system established under section 241.065.
2.21The data must include the name, date of birth, last known residential address that is
2.22not a correctional facility, and, if available, corrections' state identification number, and if
2.23available, and the driver's license or state identification card number, and, if an individual
2.24has completed the sentence, the date of discharge.
2.25The secretary of state must determine if any data newly indicates that:
2.26(1) an individual with an active voter registration in the statewide voter registration
2.27system is currently serving a felony sentence under the commissioner's jurisdiction
2.28or is on probation for a felony offense that would result in the loss of civil rights and
2.29the individual's voter record does not already have a challenged status due to a felony
2.30conviction;
2.31(2) an individual with an active voter registration in the statewide voter registration
2.32system who is currently serving a felony sentence under the commissioner's jurisdiction or
2.33who is on probation for a felony offense that would result in the loss of civil rights appears
2.34to have registered to vote or to have voted during a period when the individual's civil
2.35rights were revoked; and
3.1(3) an individual with a voter record that has a challenged status due to a felony
3.2conviction who was serving a felony sentence under the commissioner's jurisdiction or
3.3who has been on probation for a felony offense that would result in the loss of civil rights
3.4has been discharged from a sentence.
3.5The secretary of state shall prepare a list of the registrants included under clause (1),
3.6(2), or (3) for each county auditor. For individuals under clause (1), the county auditor
3.7shall challenge the individual's record in the statewide voter registration system. The
3.8county auditor must provide information to the county attorney about individuals under
3.9clause (2) for the county attorney's investigation. For individuals under clause (3), the
3.10county auditor must determine if the challenge status should be removed from the voter
3.11record for the individual, and if so, must remove the challenge.
3.12The secretary of state must make the required determinations and provide the
3.13required lists to the county auditors at least monthly.
3.14For each state general election that occurs prior to the statewide voter registration
3.15system being programmed to generate lists as required by this section, the secretary of
3.16state must make the determination and provide lists to the county auditors between 30 and
3.1760 days before the election and again between six and ten weeks after the election. In the
3.18year following that state election, the secretary of state must make this determination and
3.19provide lists to the county auditors again as part of the annual list maintenance.
3.20 Subd. 2. Notice to affected individuals. (a) Between 60 and 65 days prior to
3.21a state general election, the Department of Corrections shall provide to the secretary of
3.22state a list of offenders, who, at the time the list is prepared, are on supervised release or
3.23probation for a felony offense that resulted in the loss of civil rights. The list shall also
3.24include former offenders who the data indicates were discharged from all felony-level
3.25sentences since the previous list was provided in accordance with this subdivision and
3.26who are not serving a felony-level sentence at the time the list is prepared. The data must
3.27include the offender's name; date of birth; last known residential address that is not a
3.28correctional facility; if available, corrections state identification number and driver's
3.29license or state identification card number; and if an offender has completed the sentence,
3.30the date the discharge occurred.
3.31(b) The secretary of state shall use the data provided in paragraph (a) to mail written
3.32notices at least one month prior to a state general election, as follows:
3.33(1) a notice to each individual on probation for a felony offense that would result
3.34in the loss of civil rights, informing the individual that registration or voting while on
3.35probation for the offense is itself a felony offense and may result in the loss of the
3.36individual's probation status; and
4.1(2) a notice to each individual who has completed a term of probation resulting in
4.2the loss of civil rights and who has no new felony conviction, that the individual's right
4.3to vote has been restored.
4.4 Subd. 3. Use of data. The secretary of state may only use or disseminate data
4.5submitted under subdivision 1 for purposes authorized by this section.
4.6 Sec. 4. Minnesota Statutes 2010, section 201.275, is amended to read:
4.7201.275 INVESTIGATIONS; PROSECUTIONS.
4.8Acounty attorney who law enforcement agency that is notified by affidavit of an
4.9alleged violation of this chapter shall promptly investigate. If there is probable cause for
4.10instituting a prosecution, the county attorney shall proceedby complaint or present the
4.11charge, with whatever evidence has been found, to the grand jury. A county attorney
4.12who refuses or intentionally fails to faithfully perform this or any other duty imposed by
4.13this chapter is guilty of a misdemeanor and upon conviction shall forfeit office. The
4.14county attorney, under the penalty of forfeiture of office, shall prosecute all violations of
4.15this chapter except violations of this section; if, however, a complainant withdraws an
4.16allegation under this chapter, the county attorney is not required to proceed with the
4.17prosecution in accordance with the American Bar Association Criminal Justice Section
4.18standards regarding the prosecution function.
4.19 Sec. 5. Minnesota Statutes 2011 Supplement, section 203B.06, subdivision 3, is
4.20amended to read:
4.21 Subd. 3. Delivery of ballots. (a) The commissioner of corrections must provide
4.22the secretary of state with a list of the names and mailing addresses of correctional
4.23facilities in which only persons convicted of felony-level offenses reside in Minnesota.
4.24An application for an absentee ballot that provides an address included on the list provided
4.25by the commissioner of corrections must not be accepted and an absentee ballot must
4.26not be provided to the applicant. The county auditor or municipal clerk must promptly
4.27transmit a copy of the application to the county attorney. The Department of Corrections
4.28shall implement procedures to ensure that absentee ballots issued under chapter 203B are
4.29not received or mailed by offenders incarcerated at correctional facilities in which only
4.30persons convicted of felony-level offenses reside.
4.31(b) If an application for absentee ballots is accepted at a time when absentee ballots
4.32are not yet available for distribution, the county auditor, or municipal clerk accepting the
4.33application shall file it and as soon as absentee ballots are available for distribution shall
4.34mail them to the address specified in the application. If an application for absentee ballots
5.1is accepted when absentee ballots are available for distribution, the county auditor or
5.2municipal clerk accepting the application shall promptly:
5.3 (1) mail the ballots to the voter whose signature appears on the application if the
5.4application is submitted by mail and does not request commercial shipping under clause
5.5(2);
5.6 (2) ship the ballots to the voter using a commercial shipper requested by the voter at
5.7the voter's expense;
5.8 (3) deliver the absentee ballots directly to the voter if the application is submitted in
5.9person; or
5.10 (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
5.11been designated to bring the ballots, as provided in section203B.11, subdivision 4 , to a
5.12voter who would have difficulty getting to the polls because of incapacitating health
5.13reasons, or who is disabled, or who is a patient in a health care facility, a resident of
5.14a facility providing assisted living services governed by chapter 144G, a participant in
5.15a residential program for adults licensed under section245A.02, subdivision 14 , or a
5.16resident of a shelter for battered women as defined in section611A.37, subdivision 4 .
5.17(b) (c) If an application does not indicate the election for which absentee ballots are
5.18sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
5.19the next election occurring after receipt of the application. Only one set of ballots may
5.20be mailed, shipped, or delivered to an applicant for any election, except as provided in
5.21section203B.121, subdivision 2 , or when a replacement ballot has been requested by the
5.22voter for a ballot that has been spoiled or lost in transit.
5.23EFFECTIVE DATE.This section is effective June 15, 2012.
5.24 Sec. 6. Minnesota Statutes 2010, section 204C.14, is amended to read:
5.25204C.14 UNLAWFUL VOTING; PENALTY.
5.26 Subdivision 1. Violations; penalty. No individual shall intentionally:
5.27(a) misrepresent the individual's identity in applying for a ballot, depositing a
5.28ballot in a ballot box or attempting to vote by means of a voting machine or electronic
5.29voting system;
5.30(b) vote more than once at the same election;
5.31(c) put a ballot in a ballot box for any illegal purpose;
5.32(d) give more than one ballot of the same kind and color to an election judge to
5.33be placed in a ballot box;
6.1(e) aid, abet, counsel or procure another to go into any precinct for the purpose
6.2of voting in that precinct, knowing that the other individual is not eligible to vote in
6.3that precinct; or
6.4(f) aid, abet, counsel or procure another to do any act in violation of this section.
6.5A violation of this section is a felony.
6.6 Subd. 2. Signature on roster as evidence of intent. For purposes of proving a
6.7violation of this section, the signature of an individual on a polling place roster is prima
6.8facie evidence of the intent of the individual to vote at that election.
6.9 Sec. 7. Minnesota Statutes 2010, section 241.065, subdivision 2, is amended to read:
6.10 Subd. 2. Establishment. The Department of Corrections shall administer and
6.11maintain a computerized data system for the purpose of assisting criminal justice agencies
6.12in monitoring and enforcing the conditions of conditional release imposed on criminal
6.13offenders by a sentencing court or the commissioner of corrections. The adult data and
6.14juvenile data as defined in section260B.171 in the statewide supervision system are
6.15private data as defined in section13.02, subdivision 12 , but are accessible to criminal
6.16justice agencies as defined in section13.02, subdivision 3a , to the Minnesota sex offender
6.17program as provided in section246B.04, subdivision 3 , to public defenders as provided in
6.18section611.272 , to all trial courts and appellate courts, and to criminal justice agencies in
6.19other states in the conduct of their official duties. Adult data in the statewide supervision
6.20system are accessible to the secretary of state for the purposes described in section 201.157.
6.21 Sec. 8. [244.25] NOTICE OF LOSS OF VOTING RIGHTS.
6.22Whenever an adult felon is placed on probation supervision, the individual must be
6.23provided a written notice, included in the probation agreement, that the individual may not
6.24register to vote or cast a ballot in any election during the period of felony supervision. The
6.25individual must acknowledge, by signature, receipt of the notice. A copy of the notice and
6.26signature must be placed in the felon's probation supervision file.
1.3individuals who have been convicted of a felony;amending Minnesota Statutes
1.42010, sections 201.054, subdivision 2, by adding a subdivision; 201.157;
1.5201.275; 204C.14; 241.065, subdivision 2; Minnesota Statutes 2011 Supplement,
1.6section 203B.06, subdivision 3; proposing coding for new law in Minnesota
1.7Statutes, chapter 244.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 201.054, is amended by adding a
1.10subdivision to read:
1.11 Subd. 1a. Invalid registrations; notice to voter. If the county auditor has reason
1.12to believe based upon records provided by another public entity that an individual who
1.13has submitted a voter registration application is not eligible to vote, the county auditor
1.14must notify the individual of the reason that the individual's eligibility is in question
1.15and that the individual will not be registered to vote unless the individual reaffirms the
1.16individual's eligibility in writing.
1.17 Sec. 2. Minnesota Statutes 2010, section 201.054, subdivision 2, is amended to read:
1.18 Subd. 2. Prohibitions; penalty; affirmative defense. (a) No individual shall
1.19intentionally:
1.20
1.21precinct if the individual is not eligible to vote;
1.22
1.23purpose of voting in more than one precinct;
1.24
2.1
2.2
2.3An individual who violates clause (1) but does not subsequently cast a ballot is guilty of a
2.4misdemeanor. An individual who violates clause (1) and subsequently casts a ballot is
2.5guilty of a felony. All other violations of this subdivision are a felony.
2.6(b) It is an affirmative defense to a prosecution for violation of paragraph (a), clause
2.7(1), if the individual:
2.8(1) requested, in writing, that the county auditor of the county where the individual
2.9resides withdraw the registration, and the request was made before any complaint was
2.10filed alleging a violation of paragraph (a), clause (1); and
2.11(2) did not vote at an election between the time the registration application was
2.12submitted and the time the individual requested the registration be withdrawn.
2.13 Sec. 3. Minnesota Statutes 2010, section 201.157, is amended to read:
2.14201.157 USE OF DEPARTMENT OF CORRECTIONS DATA.
2.15 Subdivision 1. Access to data. As required by the Help America Vote Act of 2002,
2.16Public Law 107-252, the commissioner of corrections shall make electronic data available
2.17to the secretary of state on individuals 18 years of age or older who are currently:
2.18(1) serving felony sentences under the commissioner's jurisdiction; or
2.19(2) on probation for felony offenses that would result in the loss of civil rights, as
2.20indicated by the statewide supervision system established under section 241.065.
2.21The data must include the name, date of birth, last known residential address that is
2.22not a correctional facility, and, if available, corrections' state identification number
2.23
2.24has completed the sentence, the date of discharge.
2.25The secretary of state must determine if any data newly indicates that:
2.26(1) an individual with an active voter registration in the statewide voter registration
2.27system is currently serving a felony sentence under the commissioner's jurisdiction
2.28or is on probation for a felony offense that would result in the loss of civil rights and
2.29the individual's voter record does not already have a challenged status due to a felony
2.30conviction;
2.31(2) an individual with an active voter registration in the statewide voter registration
2.32system who is currently serving a felony sentence under the commissioner's jurisdiction or
2.33who is on probation for a felony offense that would result in the loss of civil rights appears
2.34to have registered to vote or to have voted during a period when the individual's civil
2.35rights were revoked; and
3.1(3) an individual with a voter record that has a challenged status due to a felony
3.2conviction who was serving a felony sentence under the commissioner's jurisdiction or
3.3who has been on probation for a felony offense that would result in the loss of civil rights
3.4has been discharged from a sentence.
3.5The secretary of state shall prepare a list of the registrants included under clause (1),
3.6(2), or (3) for each county auditor. For individuals under clause (1), the county auditor
3.7shall challenge the individual's record in the statewide voter registration system. The
3.8county auditor must provide information to the county attorney about individuals under
3.9clause (2) for the county attorney's investigation. For individuals under clause (3), the
3.10county auditor must determine if the challenge status should be removed from the voter
3.11record for the individual, and if so, must remove the challenge.
3.12The secretary of state must make the required determinations and provide the
3.13required lists to the county auditors at least monthly.
3.14For each state general election that occurs prior to the statewide voter registration
3.15system being programmed to generate lists as required by this section, the secretary of
3.16state must make the determination and provide lists to the county auditors between 30 and
3.1760 days before the election and again between six and ten weeks after the election. In the
3.18year following that state election, the secretary of state must make this determination and
3.19provide lists to the county auditors again as part of the annual list maintenance.
3.20 Subd. 2. Notice to affected individuals. (a) Between 60 and 65 days prior to
3.21a state general election, the Department of Corrections shall provide to the secretary of
3.22state a list of offenders, who, at the time the list is prepared, are on supervised release or
3.23probation for a felony offense that resulted in the loss of civil rights. The list shall also
3.24include former offenders who the data indicates were discharged from all felony-level
3.25sentences since the previous list was provided in accordance with this subdivision and
3.26who are not serving a felony-level sentence at the time the list is prepared. The data must
3.27include the offender's name; date of birth; last known residential address that is not a
3.28correctional facility; if available, corrections state identification number and driver's
3.29license or state identification card number; and if an offender has completed the sentence,
3.30the date the discharge occurred.
3.31(b) The secretary of state shall use the data provided in paragraph (a) to mail written
3.32notices at least one month prior to a state general election, as follows:
3.33(1) a notice to each individual on probation for a felony offense that would result
3.34in the loss of civil rights, informing the individual that registration or voting while on
3.35probation for the offense is itself a felony offense and may result in the loss of the
3.36individual's probation status; and
4.1(2) a notice to each individual who has completed a term of probation resulting in
4.2the loss of civil rights and who has no new felony conviction, that the individual's right
4.3to vote has been restored.
4.4 Subd. 3. Use of data. The secretary of state may only use or disseminate data
4.5submitted under subdivision 1 for purposes authorized by this section.
4.6 Sec. 4. Minnesota Statutes 2010, section 201.275, is amended to read:
4.7201.275 INVESTIGATIONS; PROSECUTIONS.
4.8A
4.9alleged violation of this chapter shall promptly investigate. If there is probable cause for
4.10instituting a prosecution, the county attorney shall proceed
4.11
4.12
4.13
4.14
4.15
4.16
4.17
4.18standards regarding the prosecution function.
4.19 Sec. 5. Minnesota Statutes 2011 Supplement, section 203B.06, subdivision 3, is
4.20amended to read:
4.21 Subd. 3. Delivery of ballots. (a) The commissioner of corrections must provide
4.22the secretary of state with a list of the names and mailing addresses of correctional
4.23facilities in which only persons convicted of felony-level offenses reside in Minnesota.
4.24An application for an absentee ballot that provides an address included on the list provided
4.25by the commissioner of corrections must not be accepted and an absentee ballot must
4.26not be provided to the applicant. The county auditor or municipal clerk must promptly
4.27transmit a copy of the application to the county attorney. The Department of Corrections
4.28shall implement procedures to ensure that absentee ballots issued under chapter 203B are
4.29not received or mailed by offenders incarcerated at correctional facilities in which only
4.30persons convicted of felony-level offenses reside.
4.31(b) If an application for absentee ballots is accepted at a time when absentee ballots
4.32are not yet available for distribution, the county auditor, or municipal clerk accepting the
4.33application shall file it and as soon as absentee ballots are available for distribution shall
4.34mail them to the address specified in the application. If an application for absentee ballots
5.1is accepted when absentee ballots are available for distribution, the county auditor or
5.2municipal clerk accepting the application shall promptly:
5.3 (1) mail the ballots to the voter whose signature appears on the application if the
5.4application is submitted by mail and does not request commercial shipping under clause
5.5(2);
5.6 (2) ship the ballots to the voter using a commercial shipper requested by the voter at
5.7the voter's expense;
5.8 (3) deliver the absentee ballots directly to the voter if the application is submitted in
5.9person; or
5.10 (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
5.11been designated to bring the ballots, as provided in section
5.12voter who would have difficulty getting to the polls because of incapacitating health
5.13reasons, or who is disabled, or who is a patient in a health care facility, a resident of
5.14a facility providing assisted living services governed by chapter 144G, a participant in
5.15a residential program for adults licensed under section
5.16resident of a shelter for battered women as defined in section
5.17
5.18sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
5.19the next election occurring after receipt of the application. Only one set of ballots may
5.20be mailed, shipped, or delivered to an applicant for any election, except as provided in
5.21section
5.22voter for a ballot that has been spoiled or lost in transit.
5.23EFFECTIVE DATE.This section is effective June 15, 2012.
5.24 Sec. 6. Minnesota Statutes 2010, section 204C.14, is amended to read:
5.25204C.14 UNLAWFUL VOTING; PENALTY.
5.26 Subdivision 1. Violations; penalty. No individual shall intentionally:
5.27(a) misrepresent the individual's identity in applying for a ballot, depositing a
5.28ballot in a ballot box or attempting to vote by means of a voting machine or electronic
5.29voting system;
5.30(b) vote more than once at the same election;
5.31(c) put a ballot in a ballot box for any illegal purpose;
5.32(d) give more than one ballot of the same kind and color to an election judge to
5.33be placed in a ballot box;
6.1(e) aid, abet, counsel or procure another to go into any precinct for the purpose
6.2of voting in that precinct, knowing that the other individual is not eligible to vote in
6.3that precinct; or
6.4(f) aid, abet, counsel or procure another to do any act in violation of this section.
6.5A violation of this section is a felony.
6.6 Subd. 2. Signature on roster as evidence of intent. For purposes of proving a
6.7violation of this section, the signature of an individual on a polling place roster is prima
6.8facie evidence of the intent of the individual to vote at that election.
6.9 Sec. 7. Minnesota Statutes 2010, section 241.065, subdivision 2, is amended to read:
6.10 Subd. 2. Establishment. The Department of Corrections shall administer and
6.11maintain a computerized data system for the purpose of assisting criminal justice agencies
6.12in monitoring and enforcing the conditions of conditional release imposed on criminal
6.13offenders by a sentencing court or the commissioner of corrections. The adult data and
6.14juvenile data as defined in section
6.15private data as defined in section
6.16justice agencies as defined in section
6.17program as provided in section
6.18section
6.19other states in the conduct of their official duties. Adult data in the statewide supervision
6.20system are accessible to the secretary of state for the purposes described in section 201.157.
6.21 Sec. 8. [244.25] NOTICE OF LOSS OF VOTING RIGHTS.
6.22Whenever an adult felon is placed on probation supervision, the individual must be
6.23provided a written notice, included in the probation agreement, that the individual may not
6.24register to vote or cast a ballot in any election during the period of felony supervision. The
6.25individual must acknowledge, by signature, receipt of the notice. A copy of the notice and
6.26signature must be placed in the felon's probation supervision file.
