Bill Text: MN SF107 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Convicted felons civil rights and voting eligibility restoration; convicted felons civil rights retention when not incarcerated
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-03-17 - Comm report: To pass as amended and re-refer to Rules and Administration [SF107 Detail]
Download: Minnesota-2013-SF107-Introduced.html
Bill Title: Convicted felons civil rights and voting eligibility restoration; convicted felons civil rights retention when not incarcerated
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-03-17 - Comm report: To pass as amended and re-refer to Rules and Administration [SF107 Detail]
Download: Minnesota-2013-SF107-Introduced.html
1.2relating to elections; voting; restoring the civil rights of an individual upon
1.3release from incarceration; requiring notice;amending Minnesota Statutes 2012,
1.4sections 201.014, by adding a subdivision; 201.071, subdivision 1; 201.155;
1.5204C.08, subdivision 1d; 204C.10; 609.165, subdivision 1; proposing coding for
1.6new law in Minnesota Statutes, chapters 201; 243.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 201.014, is amended by adding a
1.9subdivision to read:
1.10 Subd. 2a. Felony conviction; restoration of civil rights. (a) For purposes of
1.11this section, an individual convicted of a felony is restored to civil rights as soon as the
1.12individual completes any incarceration imposed and executed by the court for the offense.
1.13If the individual is later incarcerated for the same offense, the individual's civil rights are
1.14lost only during the period of incarceration.
1.15(b) If an individual was convicted of a felony crime but was not incarcerated for the
1.16felony conviction, the individual's civil rights are not removed.
1.17 Sec. 2. Minnesota Statutes 2012, section 201.071, subdivision 1, is amended to read:
1.18 Subdivision 1. Form. A voter registration application must be of suitable size and
1.19weight for mailing and contain spaces for the following required information: voter's first
1.20name, middle name, and last name; voter's previous name, if any; voter's current address;
1.21voter's previous address, if any; voter's date of birth; voter's municipality and county
1.22of residence; voter's telephone number, if provided by the voter; date of registration;
1.23current and valid Minnesota driver's license number or Minnesota state identification
1.24number, or if the voter has no current and valid Minnesota driver's license or Minnesota
2.1state identification, the last four digits of the voter's Social Security number; and voter's
2.2signature. The registration application may include the voter's e-mail address, if provided
2.3by the voter, and the voter's interest in serving as an election judge, if indicated by the
2.4voter. The application must also contain the following certification of voter eligibility:
2.5"I certify that I:
2.6(1) will be at least 18 years old on election day;
2.7(2) am a citizen of the United States;
2.8(3) will have resided in Minnesota for 20 days immediately preceding election day;
2.9(4) maintain residence at the address given on the registration form;
2.10(5) am not under court-ordered guardianship in which the court order revokes my
2.11right to vote;
2.12(6) have not been found by a court to be legally incompetent to vote;
2.13(7) have the right to vote because,if although I have been convicted of a felony, my
2.14felony sentence has expired (been completed) or I have been discharged from my sentence
2.15 I am not currently incarcerated for that offense; and
2.16(8) have read and understand the following statement: that giving false information
2.17is a felony punishable by not more than five years imprisonment or a fine of not more
2.18than $10,000, or both."
2.19The certification must include boxes for the voter to respond to the following
2.20questions:
2.21"(1) Are you a citizen of the United States?" and
2.22"(2) Will you be 18 years old on or before election day?"
2.23And the instruction:
2.24"If you checked 'no' to either of these questions, do not complete this form."
2.25The form of the voter registration application and the certification of voter eligibility
2.26must be as provided in this subdivision and approved by the secretary of state. Voter
2.27registration forms authorized by the National Voter Registration Act must also be accepted
2.28as valid. The federal postcard application form must also be accepted as valid if it is not
2.29deficient and the voter is eligible to register in Minnesota.
2.30An individual may use a voter registration application to apply to register to vote in
2.31Minnesota or to change information on an existing registration.
2.32 Sec. 3. Minnesota Statutes 2012, section 201.155, is amended to read:
2.33201.155 REPORT ON FELONY CONVICTIONS.
2.34Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state
2.35court administrator shall report regularly by electronic means to the secretary of state
3.1the name, address, date of birth, and, if available, driver's license or state identification
3.2card number, date of sentence, effective date of the sentence, and county in which the
3.3conviction occurred of each person who has been convicted of a felony and sentenced to a
3.4period of incarceration. The state court administrator shall also report the name, address,
3.5and date of birth of each person previously convicted of a felony whose civil rights have
3.6been restored. The secretary of state shall determine if any of the persons in the report is
3.7registered to vote and shall prepare a list of those registrants for each county auditor. The
3.8county auditor shall change the status of those registrants in the appropriate manner in
3.9the statewide registration system.
3.10 Sec. 4. [201.276] DUTIES OF SECRETARY OF STATE; INFORMATION
3.11ABOUT VOTING RIGHTS.
3.12The secretary of state shall develop accurate and complete information in a single
3.13publication about the voting rights of people who have been charged with or convicted
3.14of a crime. This publication must be made available electronically to the state court
3.15administrator for distribution to judges, court personnel, probation officers, and the
3.16Department of Corrections for distribution to corrections officials, parole and supervised
3.17release agents, and the public.
3.18 Sec. 5. Minnesota Statutes 2012, section 204C.08, subdivision 1d, is amended to read:
3.19 Subd. 1d. Voter's Bill of Rights. The county auditor shall prepare and provide to
3.20each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set
3.21forth in this section. Before the hours of voting are scheduled to begin, the election judges
3.22shall post it in a conspicuous location or locations in the polling place. The Voter's Bill
3.23of Rights is as follows:
3.25For all persons residing in this state who meet federal voting eligibility requirements:
3.26(1) You have the right to be absent from work for the purpose of voting without
3.27reduction to your pay, personal leave, or vacation time on election day for the time
3.28necessary to appear at your polling place, cast a ballot, and return to work.
3.29(2) If you are in line at your polling place any time before 8:00 p.m., you have the
3.30right to vote.
3.31(3) If you can provide the required proof of residence, you have the right to register
3.32to vote and to vote on election day.
3.33(4) If you are unable to sign your name, you have the right to orally confirm your
3.34identity with an election judge and to direct another person to sign your name for you.
4.1(5) You have the right to request special assistance when voting.
4.2(6) If you need assistance, you may be accompanied into the voting booth by a
4.3person of your choice, except by an agent of your employer or union or a candidate.
4.4(7) You have the right to bring your minor children into the polling place and into
4.5the voting booth with you.
4.6(8)If you have been convicted of a felony but your felony sentence has expired
4.7(been completed) or you have been discharged from your sentence, You have the right to
4.8vote, even if you have been convicted of a felony, if you are not currently incarcerated for
4.9the felony offense.
4.10(9) If you are under a guardianship, you have the right to vote, unless the court
4.11order revokes your right to vote.
4.12(10) You have the right to vote without anyone in the polling place trying to
4.13influence your vote.
4.14(11) If you make a mistake or spoil your ballot before it is submitted, you have the
4.15right to receive a replacement ballot and vote.
4.16(12) You have the right to file a written complaint at your polling place if you are
4.17dissatisfied with the way an election is being run.
4.18(13) You have the right to take a sample ballot into the voting booth with you.
4.19(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
4.20booth with you."
4.21 Sec. 6. Minnesota Statutes 2012, section 204C.10, is amended to read:
4.22204C.10 PERMANENT REGISTRATION; VERIFICATION OF
4.23REGISTRATION.
4.24(a) An individual seeking to vote shall sign a polling place roster which states
4.25that the individual is at least 18 years of age, a citizen of the United States, has resided
4.26in Minnesota for 20 days immediately preceding the election, maintains residence at
4.27the address shown, is not under a guardianship in which the court order revokes the
4.28individual's right to vote, has not been found by a court of law to be legally incompetent to
4.29vote or has the right to vote because, if the individual was convicted of a felony,the felony
4.30sentence has expired or been completed or the individual has been discharged from the
4.31sentence completed the term of incarceration, if any, for the felony offense, is registered,
4.32 and has not already voted in the election. The roster must also state: "I understand that
4.33deliberately providing false information is a felony punishable by not more than five years
4.34imprisonment and a fine of not more than $10,000, or both."
5.1(b) A judge may, before the applicant signs the roster, confirm the applicant's name,
5.2address, and date of birth.
5.3(c) After the applicant signs the roster, the judge shall give the applicant a voter's
5.4receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
5.5of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
5.6voters' receipts must be maintained during the time for notice of filing an election contest.
5.7 Sec. 7. [243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE.
5.8 Subdivision 1. Correctional facilities; designation of official. The chief executive
5.9officer of each state and local correctional facility shall designate an official within the
5.10facility to provide the notice and application required under this section to inmates who
5.11have been restored to civil rights. The official shall maintain an adequate supply of voter
5.12registration applications and informational materials for this purpose.
5.13 Subd. 2. Notice requirement. A notice of restoration of civil rights and a voter
5.14registration application must be provided as follows:
5.15(1) the chief executive officer of each state and local correctional facility shall
5.16provide the notice and application to an inmate being released from the facility following
5.17incarceration for a felony-level offense; and
5.18(2) a probation officer or supervised release agent shall provide the notice and
5.19application to all individuals under correctional supervision for a felony-level offense.
5.20 Subd. 3. Form of notice. The notice required by subdivision 2 must appear
5.21substantially as follows:
5.22"NOTICE OF RESTORATION OF CIVIL RIGHTS, INCLUDING
5.23YOUR RIGHT TO VOTE.
5.24Your receipt of this notice today means that your civil rights have been restored.
5.25This includes a restoration of your right to vote in Minnesota. Before you can vote on
5.26election day, you still need to register to vote. To register, you may complete a voter
5.27registration application and return it to the Office of the Minnesota Secretary of State. You
5.28may also register to vote in your polling place on election day. You will not be permitted
5.29to cast a ballot until you register to vote. The first time you appear at your polling place to
5.30cast a ballot, you may be required to provide proof of your current residence."
5.31 Subd. 4. Failure to provide notice. A failure to provide proper notice as required
5.32by this section does not prevent the restoration of the person's civil rights.
5.33 Sec. 8. Minnesota Statutes 2012, section 609.165, subdivision 1, is amended to read:
6.1 Subdivision 1. Restoration. (a) When a person has been deprived of civil rights by
6.2reason of conviction of a crime and is thereafter discharged, such discharge shall restore the
6.3person to all civil rights and to full citizenship,with full right to vote and hold office, the
6.4same as if such conviction had not taken place, and the order of discharge shall so provide.
6.5(b) Section 201.014, subdivision 2a, governs the restoration of voting rights for
6.6persons whose right to vote has been lost due to a felony conviction.
1.3release from incarceration; requiring notice;amending Minnesota Statutes 2012,
1.4sections 201.014, by adding a subdivision; 201.071, subdivision 1; 201.155;
1.5204C.08, subdivision 1d; 204C.10; 609.165, subdivision 1; proposing coding for
1.6new law in Minnesota Statutes, chapters 201; 243.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 201.014, is amended by adding a
1.9subdivision to read:
1.10 Subd. 2a. Felony conviction; restoration of civil rights. (a) For purposes of
1.11this section, an individual convicted of a felony is restored to civil rights as soon as the
1.12individual completes any incarceration imposed and executed by the court for the offense.
1.13If the individual is later incarcerated for the same offense, the individual's civil rights are
1.14lost only during the period of incarceration.
1.15(b) If an individual was convicted of a felony crime but was not incarcerated for the
1.16felony conviction, the individual's civil rights are not removed.
1.17 Sec. 2. Minnesota Statutes 2012, section 201.071, subdivision 1, is amended to read:
1.18 Subdivision 1. Form. A voter registration application must be of suitable size and
1.19weight for mailing and contain spaces for the following required information: voter's first
1.20name, middle name, and last name; voter's previous name, if any; voter's current address;
1.21voter's previous address, if any; voter's date of birth; voter's municipality and county
1.22of residence; voter's telephone number, if provided by the voter; date of registration;
1.23current and valid Minnesota driver's license number or Minnesota state identification
1.24number, or if the voter has no current and valid Minnesota driver's license or Minnesota
2.1state identification, the last four digits of the voter's Social Security number; and voter's
2.2signature. The registration application may include the voter's e-mail address, if provided
2.3by the voter, and the voter's interest in serving as an election judge, if indicated by the
2.4voter. The application must also contain the following certification of voter eligibility:
2.5"I certify that I:
2.6(1) will be at least 18 years old on election day;
2.7(2) am a citizen of the United States;
2.8(3) will have resided in Minnesota for 20 days immediately preceding election day;
2.9(4) maintain residence at the address given on the registration form;
2.10(5) am not under court-ordered guardianship in which the court order revokes my
2.11right to vote;
2.12(6) have not been found by a court to be legally incompetent to vote;
2.13(7) have the right to vote because,
2.14
2.15 I am not currently incarcerated for that offense; and
2.16(8) have read and understand the following statement: that giving false information
2.17is a felony punishable by not more than five years imprisonment or a fine of not more
2.18than $10,000, or both."
2.19The certification must include boxes for the voter to respond to the following
2.20questions:
2.21"(1) Are you a citizen of the United States?" and
2.22"(2) Will you be 18 years old on or before election day?"
2.23And the instruction:
2.24"If you checked 'no' to either of these questions, do not complete this form."
2.25The form of the voter registration application and the certification of voter eligibility
2.26must be as provided in this subdivision and approved by the secretary of state. Voter
2.27registration forms authorized by the National Voter Registration Act must also be accepted
2.28as valid. The federal postcard application form must also be accepted as valid if it is not
2.29deficient and the voter is eligible to register in Minnesota.
2.30An individual may use a voter registration application to apply to register to vote in
2.31Minnesota or to change information on an existing registration.
2.32 Sec. 3. Minnesota Statutes 2012, section 201.155, is amended to read:
2.33201.155 REPORT ON FELONY CONVICTIONS.
2.34Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state
2.35court administrator shall report regularly by electronic means to the secretary of state
3.1the name, address, date of birth, and, if available, driver's license or state identification
3.2card number, date of sentence, effective date of the sentence, and county in which the
3.3conviction occurred of each person who has been convicted of a felony and sentenced to a
3.4period of incarceration. The state court administrator shall also report the name, address,
3.5and date of birth of each person previously convicted of a felony whose civil rights have
3.6been restored. The secretary of state shall determine if any of the persons in the report is
3.7registered to vote and shall prepare a list of those registrants for each county auditor. The
3.8county auditor shall change the status of those registrants in the appropriate manner in
3.9the statewide registration system.
3.10 Sec. 4. [201.276] DUTIES OF SECRETARY OF STATE; INFORMATION
3.11ABOUT VOTING RIGHTS.
3.12The secretary of state shall develop accurate and complete information in a single
3.13publication about the voting rights of people who have been charged with or convicted
3.14of a crime. This publication must be made available electronically to the state court
3.15administrator for distribution to judges, court personnel, probation officers, and the
3.16Department of Corrections for distribution to corrections officials, parole and supervised
3.17release agents, and the public.
3.18 Sec. 5. Minnesota Statutes 2012, section 204C.08, subdivision 1d, is amended to read:
3.19 Subd. 1d. Voter's Bill of Rights. The county auditor shall prepare and provide to
3.20each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set
3.21forth in this section. Before the hours of voting are scheduled to begin, the election judges
3.22shall post it in a conspicuous location or locations in the polling place. The Voter's Bill
3.23of Rights is as follows:
3.25For all persons residing in this state who meet federal voting eligibility requirements:
3.26(1) You have the right to be absent from work for the purpose of voting without
3.27reduction to your pay, personal leave, or vacation time on election day for the time
3.28necessary to appear at your polling place, cast a ballot, and return to work.
3.29(2) If you are in line at your polling place any time before 8:00 p.m., you have the
3.30right to vote.
3.31(3) If you can provide the required proof of residence, you have the right to register
3.32to vote and to vote on election day.
3.33(4) If you are unable to sign your name, you have the right to orally confirm your
3.34identity with an election judge and to direct another person to sign your name for you.
4.1(5) You have the right to request special assistance when voting.
4.2(6) If you need assistance, you may be accompanied into the voting booth by a
4.3person of your choice, except by an agent of your employer or union or a candidate.
4.4(7) You have the right to bring your minor children into the polling place and into
4.5the voting booth with you.
4.6(8)
4.7
4.8vote, even if you have been convicted of a felony, if you are not currently incarcerated for
4.9the felony offense.
4.10(9) If you are under a guardianship, you have the right to vote, unless the court
4.11order revokes your right to vote.
4.12(10) You have the right to vote without anyone in the polling place trying to
4.13influence your vote.
4.14(11) If you make a mistake or spoil your ballot before it is submitted, you have the
4.15right to receive a replacement ballot and vote.
4.16(12) You have the right to file a written complaint at your polling place if you are
4.17dissatisfied with the way an election is being run.
4.18(13) You have the right to take a sample ballot into the voting booth with you.
4.19(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
4.20booth with you."
4.21 Sec. 6. Minnesota Statutes 2012, section 204C.10, is amended to read:
4.22204C.10 PERMANENT REGISTRATION; VERIFICATION OF
4.23REGISTRATION.
4.24(a) An individual seeking to vote shall sign a polling place roster which states
4.25that the individual is at least 18 years of age, a citizen of the United States, has resided
4.26in Minnesota for 20 days immediately preceding the election, maintains residence at
4.27the address shown, is not under a guardianship in which the court order revokes the
4.28individual's right to vote, has not been found by a court of law to be legally incompetent to
4.29vote or has the right to vote because, if the individual was convicted of a felony,
4.30
4.31
4.32 and has not already voted in the election. The roster must also state: "I understand that
4.33deliberately providing false information is a felony punishable by not more than five years
4.34imprisonment and a fine of not more than $10,000, or both."
5.1(b) A judge may, before the applicant signs the roster, confirm the applicant's name,
5.2address, and date of birth.
5.3(c) After the applicant signs the roster, the judge shall give the applicant a voter's
5.4receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
5.5of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
5.6voters' receipts must be maintained during the time for notice of filing an election contest.
5.7 Sec. 7. [243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE.
5.8 Subdivision 1. Correctional facilities; designation of official. The chief executive
5.9officer of each state and local correctional facility shall designate an official within the
5.10facility to provide the notice and application required under this section to inmates who
5.11have been restored to civil rights. The official shall maintain an adequate supply of voter
5.12registration applications and informational materials for this purpose.
5.13 Subd. 2. Notice requirement. A notice of restoration of civil rights and a voter
5.14registration application must be provided as follows:
5.15(1) the chief executive officer of each state and local correctional facility shall
5.16provide the notice and application to an inmate being released from the facility following
5.17incarceration for a felony-level offense; and
5.18(2) a probation officer or supervised release agent shall provide the notice and
5.19application to all individuals under correctional supervision for a felony-level offense.
5.20 Subd. 3. Form of notice. The notice required by subdivision 2 must appear
5.21substantially as follows:
5.22"NOTICE OF RESTORATION OF CIVIL RIGHTS, INCLUDING
5.23YOUR RIGHT TO VOTE.
5.24Your receipt of this notice today means that your civil rights have been restored.
5.25This includes a restoration of your right to vote in Minnesota. Before you can vote on
5.26election day, you still need to register to vote. To register, you may complete a voter
5.27registration application and return it to the Office of the Minnesota Secretary of State. You
5.28may also register to vote in your polling place on election day. You will not be permitted
5.29to cast a ballot until you register to vote. The first time you appear at your polling place to
5.30cast a ballot, you may be required to provide proof of your current residence."
5.31 Subd. 4. Failure to provide notice. A failure to provide proper notice as required
5.32by this section does not prevent the restoration of the person's civil rights.
5.33 Sec. 8. Minnesota Statutes 2012, section 609.165, subdivision 1, is amended to read:
6.1 Subdivision 1. Restoration. (a) When a person has been deprived of civil rights by
6.2reason of conviction of a crime and is thereafter discharged, such discharge shall restore the
6.3person to all civil rights and to full citizenship,
6.4same as if such conviction had not taken place, and the order of discharge shall so provide.
6.5(b) Section 201.014, subdivision 2a, governs the restoration of voting rights for
6.6persons whose right to vote has been lost due to a felony conviction.
