Bill Text: MN SF1753 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Individuals under guardianship voter eligibility provisions
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2012-03-13 - Comm report: To pass as amended and re-refer to Judiciary and Public Safety [SF1753 Detail]
Download: Minnesota-2011-SF1753-Engrossed.html
1.2relating to elections; conforming certain voter eligibility provisions for
1.3individuals under guardianship to constitutional requirements; modifying other
1.4related procedures; requiring reports;amending Minnesota Statutes 2010,
1.5sections 201.014, subdivision 2; 201.071, subdivision 1; 201.091, subdivision 9;
1.6201.15, subdivision 1; 204C.10; 524.5-120; 524.5-310; 524.5-313; 524.5-316;
1.7proposing 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;
1.14(c) under a limited guardianship in which the court order revokes the ward's right
1.15to vote; or
1.16(c) (d) found by a court of law to be legally incompetent.
1.17 Sec. 2. Minnesota Statutes 2010, 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 a court-ordered guardianship;
2.11(6) am not under a court-ordered limited guardianship in which the court order
2.12revokes my right to vote;
2.13(6) (7) have not been found by a court to be legally incompetent to vote;
2.14(7) (8) have the right to vote because, if I have been convicted of a felony, my felony
2.15sentence has expired (been completed) or I have been discharged from my sentence; and
2.16(8) (9) have read and understand the following statement: that giving false
2.17information is a felony punishable by not more than five years imprisonment or a fine of
2.18not more than $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 2010, section 201.091, subdivision 9, is amended to read:
2.33 Subd. 9. Restricted data. A list provided for public inspection or purchase,for jury
2.34selection, or in response to a law enforcement inquiry, must not include a voter's date of
3.1birth or any part of a voter's Social Security number, driver's license number, identification
3.2card number, military identification card number, or passport number.
3.3 Sec. 4. Minnesota Statutes 2010, section 201.15, subdivision 1, is amended to read:
3.4 Subdivision 1. Guardianships and incompetents. (a) Pursuant to the Help
3.5America Vote Act of 2002, Public Law 107-252, the state court administrator shall report
3.6regularly by electronic means to the secretary of state the name, address, date of birth,
3.7and, if available, driver's license or state identification card number of each individual 18
3.8years of age or over, who since the last report:
3.9(1) was placed under a guardianship;
3.10(2) was placed under a limited guardianship in which the court order revokes the
3.11ward's right to vote; or
3.12(2) (3) was adjudged legally incompetent.
3.13The court administrator shall also report the same information for each individual
3.14transferred to the jurisdiction of the court who meets a condition specified inclause (1)
3.15or (2) clauses (1) to (3). The secretary of state shall determine if any of the persons
3.16in the report is registered to vote and shall prepare a list of those registrants for the
3.17county auditor. The county auditor shall change the status on the record in the statewide
3.18registration system of any individual named in the report to indicate that the individual is
3.19not eligible to reregister or vote.
3.20(b) The secretary of state shall report, at least annually, to the chairs and ranking
3.21minority members of the house of representatives and senate committees with oversight
3.22over elections on the number of individuals in each county whose registration status
3.23is changed pursuant to this subdivision.
3.24 Sec. 5. Minnesota Statutes 2010, section 204C.10, is amended to read:
3.25204C.10 PERMANENT REGISTRATION; VERIFICATION OF
3.26REGISTRATION.
3.27(a) An individual seeking to vote shall sign a polling place roster which states that
3.28the individual is at least 18 years of age, a citizen of the United States, has resided in
3.29Minnesota for 20 days immediately preceding the election, maintains residence at the
3.30address shown, is not under a guardianship, is not under a limited guardianship in which
3.31the court order revokes the individual's right to vote, has not been found by a court of
3.32law to be legally incompetent to vote or has the right to vote because, if the individual
3.33was convicted of a felony, the felony sentence has expired or been completed or the
3.34individual has been discharged from the sentence, is registered and has not already voted
4.1in the election. The roster must also state: "I understand that deliberately providing false
4.2information is a felony punishable by not more than five years imprisonment and a fine of
4.3not more than $10,000, or both."
4.4(b) A judge may, before the applicant signs the roster, confirm the applicant's name,
4.5address, and date of birth.
4.6(c) After the applicant signs the roster, the judge shall give the applicant a voter's
4.7receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
4.8of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
4.9voters' receipts must be maintained during the time for notice of filing an election contest.
4.10 Sec. 6. Minnesota Statutes 2010, section 524.5-120, is amended to read:
4.11524.5-120 BILL OF RIGHTS FOR WARDS AND PROTECTED PERSONS.
4.12The ward or protected person retains all rights not restricted by court order and these
4.13rights must be enforced by the court. These rights include the right to:
4.14(1) treatment with dignity and respect;
4.15(2) due consideration of current and previously stated personal desires, medical
4.16treatment preferences, religious beliefs, and other preferences and opinions in decisions
4.17made by the guardian or conservator;
4.18(3) receive timely and appropriate health care and medical treatment that does not
4.19violate known conscientious, religious, or moral beliefs of the ward or protected person;
4.20(4) exercise control of all aspects of life not delegated specifically by court order
4.21to the guardian or conservator;
4.22(5) guardianship or conservatorship services individually suited to the ward's or
4.23protected person's conditions and needs;
4.24(6) petition the court to prevent or initiate a change in abode;
4.25(7) care, comfort, social and recreational needs, training, education, habilitation, and
4.26rehabilitation care and services, within available resources;
4.27(8) be consulted concerning, and to decide to the extent possible, the reasonable
4.28care and disposition of the ward's or protected person's clothing, furniture, vehicles, and
4.29other personal effects, to object to the disposition of personal property and effects, and to
4.30petition the court for a review of the guardian's or conservator's proposed disposition;
4.31(9) personal privacy;
4.32(10) communication and visitation with persons of the ward's or protected person's
4.33choice, provided that if the guardian has found that certain communication or visitation
4.34may result in harm to the ward's or protected person's health, safety, or well-being, that
5.1communication or visitation may be restricted but only to the extent necessary to prevent
5.2the harm;
5.3(11) marry and procreate, unless court approval is required, and to consent or object
5.4to sterilization as provided in section524.5-313 , paragraph (c), clause (4), item (iv);
5.5(12) petition the court for termination or modification of the guardianship or
5.6conservatorship or for other appropriate relief;
5.7(13) be represented by an attorney in any proceeding or for the purpose of petitioning
5.8the court;
5.9(14)vote, unless restricted by the court; and pursuant to the Minnesota Constitution,
5.10article VII, an individual placed under a guardianship shall not be entitled or permitted to
5.11vote at any election in this state, but an individual placed under a limited guardianship
5.12retains the right to vote unless otherwise ordered by the court; and
5.13(15) execute a health care directive, including both health care instructions and the
5.14appointment of a health care agent, if the court has not granted a guardian any of the
5.15powers or duties under section524.5-313 , paragraph (c), clause (1), (2), or (4).
5.16 Sec. 7. Minnesota Statutes 2010, section 524.5-310, is amended to read:
5.17524.5-310 FINDINGS; ORDER OF APPOINTMENT.
5.18(a) The court may appoint a limited or unlimited guardian for a respondent only if it
5.19finds by clear and convincing evidence that:
5.20(1) the respondent is an incapacitated person; and
5.21(2) the respondent's identified needs cannot be met by less restrictive means,
5.22including use of appropriate technological assistance.
5.23(b) Alternatively, the court, with appropriate findings, may treat the petition as
5.24one for a protective order under section524.5-401 , enter any other appropriate order, or
5.25dismiss the proceeding.
5.26(c) The court shall grant to a guardian only those powers necessitated by the ward's
5.27limitations and demonstrated needs and, whenever feasible, make appointive and other
5.28orders that will encourage the development of the ward's maximum self-reliance and
5.29independence. Any power not specifically granted to the guardian, following a written
5.30finding by the court of a demonstrated need for that power, is retained by the ward.
5.31In making an order, the court shall explicitly declare whether the order establishes a
5.32guardianship or a limited guardianship and, in the case of a limited guardianship, the
5.33effect of the order on the ward's right to vote.
5.34(d) If the court grants the guardian any of the powers or duties under section
5.35524.5-313
, paragraph (c), clause (1), (2), or (4), the authority of a previously appointed
6.1health care agent to make health care decisions, as defined in section145C.01, subdivision
6.25, is suspended until further order of the court or as otherwise provided by this section.
6.3The court may declare a health care directive unenforceable as provided in section
6.4145C.09, subdivision 3
. The court may declare that a health care directive has been
6.5revoked by the ward if the court finds, by clear and convincing evidence, that the ward has
6.6revoked the health care directive as provided in section145C.09, subdivision 1 .
6.7(e) A health care agent or other person legally appointed by the ward to control final
6.8disposition of the ward's remains under section145C.05, subdivision 2 , clause (7), or
6.9149A.80
, or a health care agent authorized to make organ or tissue donations under section
6.10525A.04
or
525A.09 , may make health care decisions as defined in section
145C.01 ,
6.11subdivision 5, on behalf of the ward for the purpose of preparing the ward's body for organ
6.12or tissue donation or final disposition of the ward's remains, as applicable.
6.13(f) Within 14 days after an appointment, a guardian shall send or deliver to the ward,
6.14and counsel if represented at the hearing, a copy of the order of appointment accompanied
6.15by a notice which advises the ward of the right to appeal the guardianship appointment in
6.16the time and manner provided by the Rules of Appellate Procedure.
6.17(g) Each year, within 30 days after the anniversary date of an appointment, a
6.18guardian shall send or deliver to the ward and to interested persons of record with the
6.19court a notice of the right to request termination or modification of the guardianship or to
6.20request an order that is in the best interests of the ward or for other appropriate relief, and
6.21notice of the status of the ward's right to vote.
6.22(h) Within 14 days after an appointment, a guardian shall send, by certified mail, a
6.23copy of the order of appointment to the ward's current residential address. The mailing
6.24must be addressed to the ward and, if applicable, the administrator or other responsible
6.25person at the facility in which the ward resides. If a ward's residential address changes, the
6.26guardian must send a new copy of the original order of appointment and, if applicable,
6.27any modification to the order made by the court to the new residential address by certified
6.28mail within 30 days of the change of address. The requirements of this paragraph do not
6.29apply if the guardian resides at the same address as the ward.
6.30 Sec. 8. Minnesota Statutes 2010, section 524.5-313, is amended to read:
6.31524.5-313 POWERS AND DUTIES OF GUARDIAN.
6.32(a) A guardian shall be subject to the control and direction of the court at all times
6.33and in all things.
6.34(b) The court shall grant to a guardian only those powers necessary to provide
6.35for the demonstrated needs of the ward.
7.1(c) The court may appoint a guardian if it determines that all the powers and duties
7.2listed in this section are needed to provide for the needs of the incapacitated person. The
7.3court may also appoint a guardian if it determines that a guardian is needed to provide
7.4for the needs of the incapacitated person through the exercise of some, but not all, of the
7.5powers and duties listed in this section. The duties and powers of a guardian or those
7.6which the court may grant to a guardian include, but are not limited to:
7.7(1) the power to have custody of the ward and the power to establish a place of
7.8abode within or outside the state, except as otherwise provided in this clause. The ward or
7.9any interested person may petition the court to prevent or to initiate a change in abode. A
7.10ward may not be admitted to a regional treatment center by the guardian except:
7.11(i) after a hearing under chapter 253B;
7.12(ii) for outpatient services; or
7.13(iii) for the purpose of receiving temporary care for a specific period of time not
7.14to exceed 90 days in any calendar year;
7.15(2) the duty to provide for the ward's care, comfort, and maintenance needs,
7.16including food, clothing, shelter, health care, social and recreational requirements, and,
7.17whenever appropriate, training, education, and habilitation or rehabilitation. The guardian
7.18has no duty to pay for these requirements out of personal funds. Whenever possible and
7.19appropriate, the guardian should meet these requirements through governmental benefits
7.20or services to which the ward is entitled, rather than from the ward's estate. Failure to
7.21satisfy the needs and requirements of this clause shall be grounds for removal of a private
7.22guardian, but the guardian shall have no personal or monetary liability;
7.23(3) the duty to take reasonable care of the ward's clothing, furniture, vehicles,
7.24and other personal effects, and, if other property requires protection, the power to seek
7.25appointment of a conservator of the estate. The guardian must give notice by mail to
7.26interested persons prior to the disposition of the ward's clothing, furniture, vehicles, or
7.27other personal effects. The notice must inform the person of the right to object to the
7.28disposition of the property within ten days of the date of mailing and to petition the court
7.29for a review of the guardian's proposed actions. Notice of the objection must be served
7.30by mail or personal service on the guardian and the ward unless the ward is the objector.
7.31The guardian served with notice of an objection to the disposition of the property may not
7.32dispose of the property unless the court approves the disposition after a hearing;
7.33(4)(i) the power to give any necessary consent to enable the ward to receive
7.34necessary medical or other professional care, counsel, treatment, or service, except that no
7.35guardian may give consent for psychosurgery, electroshock, sterilization, or experimental
7.36treatment of any kind unless the procedure is first approved by order of the court as
8.1provided in this clause. The guardian shall not consent to any medical care for the ward
8.2which violates the known conscientious, religious, or moral belief of the ward;
8.3(ii) a guardian who believes a procedure described in item (i) requiring prior court
8.4approval to be necessary for the proper care of the ward, shall petition the court for an
8.5order and, in the case of a public guardianship under chapter 252A, obtain the written
8.6recommendation of the commissioner of human services. The court shall fix the time
8.7and place for the hearing and shall give notice to the ward in such manner as specified
8.8in section524.5-308 and to interested persons. The court shall appoint an attorney to
8.9represent the ward who is not represented by counsel, provided that such appointment
8.10shall expire upon the expiration of the appeal time for the order issued by the court under
8.11this section or the order dismissing a petition, or upon such other time or event as the court
8.12may direct. In every case the court shall determine if the procedure is in the best interest
8.13of the ward. In making its determination, the court shall consider a written medical report
8.14which specifically considers the medical risks of the procedure, whether alternative, less
8.15restrictive methods of treatment could be used to protect the best interest of the ward, and
8.16any recommendation of the commissioner of human services for a public ward. The
8.17standard of proof is that of clear and convincing evidence;
8.18(iii) in the case of a petition for sterilization of a developmentally disabled ward, the
8.19court shall appoint a licensed physician, a psychologist who is qualified in the diagnosis
8.20and treatment of developmental disability, and a social worker who is familiar with the
8.21ward's social history and adjustment or the case manager for the ward to examine or
8.22evaluate the ward and to provide written reports to the court. The reports shall indicate
8.23why sterilization is being proposed, whether sterilization is necessary and is the least
8.24intrusive method for alleviating the problem presented, and whether it is in the best
8.25interest of the ward. The medical report shall specifically consider the medical risks of
8.26sterilization, the consequences of not performing the sterilization, and whether alternative
8.27methods of contraception could be used to protect the best interest of the ward;
8.28(iv) any ward whose right to consent to a sterilization has not been restricted under
8.29this section or section252A.101 may be sterilized only if the ward consents in writing
8.30or there is a sworn acknowledgment by an interested person of a nonwritten consent
8.31by the ward. The consent must certify that the ward has received a full explanation
8.32from a physician or registered nurse of the nature and irreversible consequences of the
8.33sterilization;
8.34(v) a guardian or the public guardian's designee who acts within the scope of
8.35authority conferred by letters of guardianship under section252A.101, subdivision 7 , and
8.36according to the standards established in this chapter or in chapter 252A shall not be
9.1civilly or criminally liable for the provision of any necessary medical care, including,
9.2but not limited to, the administration of psychotropic medication or the implementation
9.3of aversive and deprivation procedures to which the guardian or the public guardian's
9.4designee has consented;
9.5(5) in the event there is no duly appointed conservator of the ward's estate, the
9.6guardian shall have the power to approve or withhold approval of any contract, except for
9.7necessities, which the ward may make or wish to make;
9.8(6) the duty and power to exercise supervisory authority over the ward in a manner
9.9which limits civil rights and restricts personal freedom only to the extent necessary to
9.10provide needed care and services;
9.11(7) if there is no acting conservator of the estate for the ward, the guardian has the
9.12power to apply on behalf of the ward for any assistance, services, or benefits available to
9.13the ward through any unit of government;
9.14(8)unless otherwise ordered by the court, the ward retains the right to vote pursuant
9.15to the Minnesota Constitution, article VII, an individual placed under a guardianship shall
9.16not be entitled or permitted to vote at any election in this state, but an individual placed
9.17under a limited guardianship retains the right to vote unless otherwise ordered by the court.
9.18 Sec. 9. Minnesota Statutes 2010, section 524.5-316, is amended to read:
9.19524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT
9.20ORDERS.
9.21 Subdivision 1. Annual report of guardian. (a) A guardian shall report to the
9.22court in writing on the condition of the ward at least annually and whenever ordered by
9.23the court. A copy of the report must be provided to the ward and to interested persons
9.24of record with the court. A report must state or contain:
9.25(1) the current mental, physical, and social condition of the ward;
9.26(2) the living arrangements for all addresses of the ward during the reporting period;
9.27(3) any restrictions placed on the ward's right to communication and visitation with
9.28persons of the ward's choice and the factual bases for those restrictions;
9.29(4) the medical, educational, vocational, and other services provided to the ward and
9.30the guardian's opinion as to the adequacy of the ward's care;
9.31(5) a recommendation as to the need for continued guardianship and any
9.32recommended changes in the scope of the guardianship, including whether, in the view
9.33of the guardian, the ward's eligibility to vote should be rescinded, restored, or continue
9.34unchanged;
9.35(6) an address and telephone number where the guardian can be contacted;
10.1(7) whether the guardian has ever been removed for cause from serving as a guardian
10.2or conservator and, if so, the case number and court location;
10.3(8) any changes occurring that would affect the accuracy of information contained
10.4in the most recent criminal background study of the guardian conducted under section
10.5524.5-118
; and
10.6(9) if applicable, the amount of reimbursement for services rendered to the ward
10.7that the guardian received during the previous year that were not reimbursed by county
10.8contract.
10.9(b) A ward or interested person of record with the court may submit to the court a
10.10written statement disputing statements or conclusions regarding the condition of the ward
10.11that are contained in the report and may petition the court for an order that is in the best
10.12interests of the ward or for other appropriate relief.
10.13(c) An interested person may notify the court in writing that the interested person
10.14does not wish to receive copies of reports required under this section.
10.15(d) The court may appoint a visitor to review a report, interview the ward or
10.16guardian, and make any other investigation the court directs.
10.17(e) The court shall establish a system for monitoring guardianships, including the
10.18filing and review of annual reports. If an annual report is not filed within 60 days of the
10.19required date, the court shall issue an order to show cause.
10.20 Subd. 2. Annual review; ward's capacity to vote. (a) If the well-being report of a
10.21limited guardian under subdivision 1 indicates a change in conditions affecting a ward's
10.22capacity to make independent voting decisions at an election, the court may issue a written
10.23order as to the ward's eligibility to vote. If the court makes a determination regarding
10.24a ward's capacity or incapacity to vote, the court must consider the limited guardian's
10.25recommendation, any documents submitted in the annual well-being report, and previous
10.26court orders and records related to the ward's capacity as evidence of the ward's capacity
10.27or incapacity to make independent voting decisions, and must affirmatively order that the
10.28ward's eligibility to vote is rescinded, restored, or continues unchanged, provided that the
10.29right to vote may not be rescinded without a hearing. An order by the court under this
10.30paragraph may be modified by the court at any time. A copy of the written order shall be
10.31sent to the guardian within 30 days of the date it is issued.
10.32(b) The limited guardian shall send, by certified mail, a copy of the court order or
10.33notification made by the court under this subdivision to the ward's current residential
10.34address within 30 days after it is made or the order is received. The mailing must be
10.35addressed to the ward and, if applicable, the administrator or other responsible person
10.36at the facility in which the ward resides. If a ward's residential address changes, the
11.1guardian shall send a new copy of the court's most recent order by certified mail to the
11.2new residential address within 30 days of the change of address. The requirements of this
11.3paragraph do not apply if the guardian resides at the same address as the ward.
11.4(c) Following a determination made by the court under paragraph (a), the guardian
11.5must inform the ward of the ward's current voting eligibility status.
11.6 Sec. 10. [524.5-318] DUTIES OF FACILITIES PROVIDING HOUSING TO A
11.7WARD.
11.8(a) The administrator or other responsible person overseeing a residential facility
11.9housing one or more wards must:
11.10(1) maintain all documents submitted to the facility by a guardian related to a ward's
11.11guardianship status and eligibility to vote;
11.12(2) maintain a written list of wards who reside in the facility and the current voting
11.13eligibility status of each, as stated in the court order of appointment provided under section
11.14524.5-310 or a review determination provided under section 524.5-316, subdivision 2; and
11.15(3) ensure that staff directly assisting wards in the voting process only assist those
11.16who are eligible to vote.
11.17(b) As used in this section, "residential facility" has the meaning provided in section
11.18201.061, subdivision 3, paragraph (c).
11.19EFFECTIVE DATE.This section is effective June 1, 2012. The initial list required
11.20by paragraph (a), clause (2), may be compiled on an ongoing basis as documentation is
11.21received from guardians as required by law.
11.22 Sec. 11. NOTIFICATION OF VOTING ELIGIBILITY STATUS; CURRENT
11.23GUARDIANS.
11.24No later than August 1, 2012, the state court administrator shall provide to each
11.25guardian a notice restating the current voting eligibility status of any ward subject to the
11.26guardian's supervision. A ward's voting eligibility status for purposes of the notice shall
11.27be based on the order of the court establishing the guardianship or any subsequent order of
11.28the court affecting the ward's right to vote, provided that nothing in this section requires
11.29the court to reconsider a previous order or issue a new order related to the ward's right to
11.30vote for the sole purpose of providing the notice required under this section. Following
11.31receipt of the notice required under this section, the guardian must inform the ward of
11.32the ward's current voting eligibility status.
11.33EFFECTIVE DATE.This section is effective the day following final enactment.
12.1 Sec. 12. EFFECTIVE DATE.
12.2Except where otherwise provided, this act is effective August 1, 2012, and applies to
12.3eligibility to vote in elections occurring on or after that date.
1.3individuals under guardianship to constitutional requirements; modifying other
1.4related procedures; requiring reports;amending Minnesota Statutes 2010,
1.5sections 201.014, subdivision 2; 201.071, subdivision 1; 201.091, subdivision 9;
1.6201.15, subdivision 1; 204C.10; 524.5-120; 524.5-310; 524.5-313; 524.5-316;
1.7proposing 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;
1.14(c) under a limited guardianship in which the court order revokes the ward's right
1.15to vote; or
1.16
1.17 Sec. 2. Minnesota Statutes 2010, 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 a court-ordered guardianship;
2.11(6) am not under a court-ordered limited guardianship in which the court order
2.12revokes my right to vote;
2.13
2.14
2.15sentence has expired (been completed) or I have been discharged from my sentence; and
2.16
2.17information is a felony punishable by not more than five years imprisonment or a fine of
2.18not more than $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 2010, section 201.091, subdivision 9, is amended to read:
2.33 Subd. 9. Restricted data. A list provided for public inspection or purchase,
2.34
3.1birth or any part of a voter's Social Security number, driver's license number, identification
3.2card number, military identification card number, or passport number.
3.3 Sec. 4. Minnesota Statutes 2010, section 201.15, subdivision 1, is amended to read:
3.4 Subdivision 1. Guardianships and incompetents. (a) Pursuant to the Help
3.5America Vote Act of 2002, Public Law 107-252, the state court administrator shall report
3.6regularly by electronic means to the secretary of state the name, address, date of birth,
3.7and, if available, driver's license or state identification card number of each individual 18
3.8years of age or over, who since the last report:
3.9(1) was placed under a guardianship;
3.10(2) was placed under a limited guardianship in which the court order revokes the
3.11ward's right to vote; or
3.12
3.13The court administrator shall also report the same information for each individual
3.14transferred to the jurisdiction of the court who meets a condition specified in
3.15
3.16in the report is registered to vote and shall prepare a list of those registrants for the
3.17county auditor. The county auditor shall change the status on the record in the statewide
3.18registration system of any individual named in the report to indicate that the individual is
3.19not eligible to reregister or vote.
3.20(b) The secretary of state shall report, at least annually, to the chairs and ranking
3.21minority members of the house of representatives and senate committees with oversight
3.22over elections on the number of individuals in each county whose registration status
3.23is changed pursuant to this subdivision.
3.24 Sec. 5. Minnesota Statutes 2010, section 204C.10, is amended to read:
3.25204C.10 PERMANENT REGISTRATION; VERIFICATION OF
3.26REGISTRATION.
3.27(a) An individual seeking to vote shall sign a polling place roster which states that
3.28the individual is at least 18 years of age, a citizen of the United States, has resided in
3.29Minnesota for 20 days immediately preceding the election, maintains residence at the
3.30address shown, is not under a guardianship, is not under a limited guardianship in which
3.31the court order revokes the individual's right to vote, has not been found by a court of
3.32law to be legally incompetent to vote or has the right to vote because, if the individual
3.33was convicted of a felony, the felony sentence has expired or been completed or the
3.34individual has been discharged from the sentence, is registered and has not already voted
4.1in the election. The roster must also state: "I understand that deliberately providing false
4.2information is a felony punishable by not more than five years imprisonment and a fine of
4.3not more than $10,000, or both."
4.4(b) A judge may, before the applicant signs the roster, confirm the applicant's name,
4.5address, and date of birth.
4.6(c) After the applicant signs the roster, the judge shall give the applicant a voter's
4.7receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
4.8of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
4.9voters' receipts must be maintained during the time for notice of filing an election contest.
4.10 Sec. 6. Minnesota Statutes 2010, section 524.5-120, is amended to read:
4.11524.5-120 BILL OF RIGHTS FOR WARDS AND PROTECTED PERSONS.
4.12The ward or protected person retains all rights not restricted by court order and these
4.13rights must be enforced by the court. These rights include the right to:
4.14(1) treatment with dignity and respect;
4.15(2) due consideration of current and previously stated personal desires, medical
4.16treatment preferences, religious beliefs, and other preferences and opinions in decisions
4.17made by the guardian or conservator;
4.18(3) receive timely and appropriate health care and medical treatment that does not
4.19violate known conscientious, religious, or moral beliefs of the ward or protected person;
4.20(4) exercise control of all aspects of life not delegated specifically by court order
4.21to the guardian or conservator;
4.22(5) guardianship or conservatorship services individually suited to the ward's or
4.23protected person's conditions and needs;
4.24(6) petition the court to prevent or initiate a change in abode;
4.25(7) care, comfort, social and recreational needs, training, education, habilitation, and
4.26rehabilitation care and services, within available resources;
4.27(8) be consulted concerning, and to decide to the extent possible, the reasonable
4.28care and disposition of the ward's or protected person's clothing, furniture, vehicles, and
4.29other personal effects, to object to the disposition of personal property and effects, and to
4.30petition the court for a review of the guardian's or conservator's proposed disposition;
4.31(9) personal privacy;
4.32(10) communication and visitation with persons of the ward's or protected person's
4.33choice, provided that if the guardian has found that certain communication or visitation
4.34may result in harm to the ward's or protected person's health, safety, or well-being, that
5.1communication or visitation may be restricted but only to the extent necessary to prevent
5.2the harm;
5.3(11) marry and procreate, unless court approval is required, and to consent or object
5.4to sterilization as provided in section
5.5(12) petition the court for termination or modification of the guardianship or
5.6conservatorship or for other appropriate relief;
5.7(13) be represented by an attorney in any proceeding or for the purpose of petitioning
5.8the court;
5.9(14)
5.10article VII, an individual placed under a guardianship shall not be entitled or permitted to
5.11vote at any election in this state, but an individual placed under a limited guardianship
5.12retains the right to vote unless otherwise ordered by the court; and
5.13(15) execute a health care directive, including both health care instructions and the
5.14appointment of a health care agent, if the court has not granted a guardian any of the
5.15powers or duties under section
5.16 Sec. 7. Minnesota Statutes 2010, section 524.5-310, is amended to read:
5.17524.5-310 FINDINGS; ORDER OF APPOINTMENT.
5.18(a) The court may appoint a limited or unlimited guardian for a respondent only if it
5.19finds by clear and convincing evidence that:
5.20(1) the respondent is an incapacitated person; and
5.21(2) the respondent's identified needs cannot be met by less restrictive means,
5.22including use of appropriate technological assistance.
5.23(b) Alternatively, the court, with appropriate findings, may treat the petition as
5.24one for a protective order under section
5.25dismiss the proceeding.
5.26(c) The court shall grant to a guardian only those powers necessitated by the ward's
5.27limitations and demonstrated needs and, whenever feasible, make appointive and other
5.28orders that will encourage the development of the ward's maximum self-reliance and
5.29independence. Any power not specifically granted to the guardian, following a written
5.30finding by the court of a demonstrated need for that power, is retained by the ward.
5.31In making an order, the court shall explicitly declare whether the order establishes a
5.32guardianship or a limited guardianship and, in the case of a limited guardianship, the
5.33effect of the order on the ward's right to vote.
5.34(d) If the court grants the guardian any of the powers or duties under section
6.1health care agent to make health care decisions, as defined in section
6.3The court may declare a health care directive unenforceable as provided in section
6.5revoked by the ward if the court finds, by clear and convincing evidence, that the ward has
6.6revoked the health care directive as provided in section
6.7(e) A health care agent or other person legally appointed by the ward to control final
6.8disposition of the ward's remains under section
6.11subdivision 5, on behalf of the ward for the purpose of preparing the ward's body for organ
6.12or tissue donation or final disposition of the ward's remains, as applicable.
6.13(f) Within 14 days after an appointment, a guardian shall send or deliver to the ward,
6.14and counsel if represented at the hearing, a copy of the order of appointment accompanied
6.15by a notice which advises the ward of the right to appeal the guardianship appointment in
6.16the time and manner provided by the Rules of Appellate Procedure.
6.17(g) Each year, within 30 days after the anniversary date of an appointment, a
6.18guardian shall send or deliver to the ward and to interested persons of record with the
6.19court a notice of the right to request termination or modification of the guardianship or to
6.20request an order that is in the best interests of the ward or for other appropriate relief, and
6.21notice of the status of the ward's right to vote.
6.22(h) Within 14 days after an appointment, a guardian shall send, by certified mail, a
6.23copy of the order of appointment to the ward's current residential address. The mailing
6.24must be addressed to the ward and, if applicable, the administrator or other responsible
6.25person at the facility in which the ward resides. If a ward's residential address changes, the
6.26guardian must send a new copy of the original order of appointment and, if applicable,
6.27any modification to the order made by the court to the new residential address by certified
6.28mail within 30 days of the change of address. The requirements of this paragraph do not
6.29apply if the guardian resides at the same address as the ward.
6.30 Sec. 8. Minnesota Statutes 2010, section 524.5-313, is amended to read:
6.31524.5-313 POWERS AND DUTIES OF GUARDIAN.
6.32(a) A guardian shall be subject to the control and direction of the court at all times
6.33and in all things.
6.34(b) The court shall grant to a guardian only those powers necessary to provide
6.35for the demonstrated needs of the ward.
7.1(c) The court may appoint a guardian if it determines that all the powers and duties
7.2listed in this section are needed to provide for the needs of the incapacitated person. The
7.3court may also appoint a guardian if it determines that a guardian is needed to provide
7.4for the needs of the incapacitated person through the exercise of some, but not all, of the
7.5powers and duties listed in this section. The duties and powers of a guardian or those
7.6which the court may grant to a guardian include, but are not limited to:
7.7(1) the power to have custody of the ward and the power to establish a place of
7.8abode within or outside the state, except as otherwise provided in this clause. The ward or
7.9any interested person may petition the court to prevent or to initiate a change in abode. A
7.10ward may not be admitted to a regional treatment center by the guardian except:
7.11(i) after a hearing under chapter 253B;
7.12(ii) for outpatient services; or
7.13(iii) for the purpose of receiving temporary care for a specific period of time not
7.14to exceed 90 days in any calendar year;
7.15(2) the duty to provide for the ward's care, comfort, and maintenance needs,
7.16including food, clothing, shelter, health care, social and recreational requirements, and,
7.17whenever appropriate, training, education, and habilitation or rehabilitation. The guardian
7.18has no duty to pay for these requirements out of personal funds. Whenever possible and
7.19appropriate, the guardian should meet these requirements through governmental benefits
7.20or services to which the ward is entitled, rather than from the ward's estate. Failure to
7.21satisfy the needs and requirements of this clause shall be grounds for removal of a private
7.22guardian, but the guardian shall have no personal or monetary liability;
7.23(3) the duty to take reasonable care of the ward's clothing, furniture, vehicles,
7.24and other personal effects, and, if other property requires protection, the power to seek
7.25appointment of a conservator of the estate. The guardian must give notice by mail to
7.26interested persons prior to the disposition of the ward's clothing, furniture, vehicles, or
7.27other personal effects. The notice must inform the person of the right to object to the
7.28disposition of the property within ten days of the date of mailing and to petition the court
7.29for a review of the guardian's proposed actions. Notice of the objection must be served
7.30by mail or personal service on the guardian and the ward unless the ward is the objector.
7.31The guardian served with notice of an objection to the disposition of the property may not
7.32dispose of the property unless the court approves the disposition after a hearing;
7.33(4)(i) the power to give any necessary consent to enable the ward to receive
7.34necessary medical or other professional care, counsel, treatment, or service, except that no
7.35guardian may give consent for psychosurgery, electroshock, sterilization, or experimental
7.36treatment of any kind unless the procedure is first approved by order of the court as
8.1provided in this clause. The guardian shall not consent to any medical care for the ward
8.2which violates the known conscientious, religious, or moral belief of the ward;
8.3(ii) a guardian who believes a procedure described in item (i) requiring prior court
8.4approval to be necessary for the proper care of the ward, shall petition the court for an
8.5order and, in the case of a public guardianship under chapter 252A, obtain the written
8.6recommendation of the commissioner of human services. The court shall fix the time
8.7and place for the hearing and shall give notice to the ward in such manner as specified
8.8in section
8.9represent the ward who is not represented by counsel, provided that such appointment
8.10shall expire upon the expiration of the appeal time for the order issued by the court under
8.11this section or the order dismissing a petition, or upon such other time or event as the court
8.12may direct. In every case the court shall determine if the procedure is in the best interest
8.13of the ward. In making its determination, the court shall consider a written medical report
8.14which specifically considers the medical risks of the procedure, whether alternative, less
8.15restrictive methods of treatment could be used to protect the best interest of the ward, and
8.16any recommendation of the commissioner of human services for a public ward. The
8.17standard of proof is that of clear and convincing evidence;
8.18(iii) in the case of a petition for sterilization of a developmentally disabled ward, the
8.19court shall appoint a licensed physician, a psychologist who is qualified in the diagnosis
8.20and treatment of developmental disability, and a social worker who is familiar with the
8.21ward's social history and adjustment or the case manager for the ward to examine or
8.22evaluate the ward and to provide written reports to the court. The reports shall indicate
8.23why sterilization is being proposed, whether sterilization is necessary and is the least
8.24intrusive method for alleviating the problem presented, and whether it is in the best
8.25interest of the ward. The medical report shall specifically consider the medical risks of
8.26sterilization, the consequences of not performing the sterilization, and whether alternative
8.27methods of contraception could be used to protect the best interest of the ward;
8.28(iv) any ward whose right to consent to a sterilization has not been restricted under
8.29this section or section
8.30or there is a sworn acknowledgment by an interested person of a nonwritten consent
8.31by the ward. The consent must certify that the ward has received a full explanation
8.32from a physician or registered nurse of the nature and irreversible consequences of the
8.33sterilization;
8.34(v) a guardian or the public guardian's designee who acts within the scope of
8.35authority conferred by letters of guardianship under section
8.36according to the standards established in this chapter or in chapter 252A shall not be
9.1civilly or criminally liable for the provision of any necessary medical care, including,
9.2but not limited to, the administration of psychotropic medication or the implementation
9.3of aversive and deprivation procedures to which the guardian or the public guardian's
9.4designee has consented;
9.5(5) in the event there is no duly appointed conservator of the ward's estate, the
9.6guardian shall have the power to approve or withhold approval of any contract, except for
9.7necessities, which the ward may make or wish to make;
9.8(6) the duty and power to exercise supervisory authority over the ward in a manner
9.9which limits civil rights and restricts personal freedom only to the extent necessary to
9.10provide needed care and services;
9.11(7) if there is no acting conservator of the estate for the ward, the guardian has the
9.12power to apply on behalf of the ward for any assistance, services, or benefits available to
9.13the ward through any unit of government;
9.14(8)
9.15to the Minnesota Constitution, article VII, an individual placed under a guardianship shall
9.16not be entitled or permitted to vote at any election in this state, but an individual placed
9.17under a limited guardianship retains the right to vote unless otherwise ordered by the court.
9.18 Sec. 9. Minnesota Statutes 2010, section 524.5-316, is amended to read:
9.19524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT
9.20ORDERS.
9.21 Subdivision 1. Annual report of guardian. (a) A guardian shall report to the
9.22court in writing on the condition of the ward at least annually and whenever ordered by
9.23the court. A copy of the report must be provided to the ward and to interested persons
9.24of record with the court. A report must state or contain:
9.25(1) the current mental, physical, and social condition of the ward;
9.26(2) the living arrangements for all addresses of the ward during the reporting period;
9.27(3) any restrictions placed on the ward's right to communication and visitation with
9.28persons of the ward's choice and the factual bases for those restrictions;
9.29(4) the medical, educational, vocational, and other services provided to the ward and
9.30the guardian's opinion as to the adequacy of the ward's care;
9.31(5) a recommendation as to the need for continued guardianship and any
9.32recommended changes in the scope of the guardianship, including whether, in the view
9.33of the guardian, the ward's eligibility to vote should be rescinded, restored, or continue
9.34unchanged;
9.35(6) an address and telephone number where the guardian can be contacted;
10.1(7) whether the guardian has ever been removed for cause from serving as a guardian
10.2or conservator and, if so, the case number and court location;
10.3(8) any changes occurring that would affect the accuracy of information contained
10.4in the most recent criminal background study of the guardian conducted under section
10.6(9) if applicable, the amount of reimbursement for services rendered to the ward
10.7that the guardian received during the previous year that were not reimbursed by county
10.8contract.
10.9(b) A ward or interested person of record with the court may submit to the court a
10.10written statement disputing statements or conclusions regarding the condition of the ward
10.11that are contained in the report and may petition the court for an order that is in the best
10.12interests of the ward or for other appropriate relief.
10.13(c) An interested person may notify the court in writing that the interested person
10.14does not wish to receive copies of reports required under this section.
10.15(d) The court may appoint a visitor to review a report, interview the ward or
10.16guardian, and make any other investigation the court directs.
10.17(e) The court shall establish a system for monitoring guardianships, including the
10.18filing and review of annual reports. If an annual report is not filed within 60 days of the
10.19required date, the court shall issue an order to show cause.
10.20 Subd. 2. Annual review; ward's capacity to vote. (a) If the well-being report of a
10.21limited guardian under subdivision 1 indicates a change in conditions affecting a ward's
10.22capacity to make independent voting decisions at an election, the court may issue a written
10.23order as to the ward's eligibility to vote. If the court makes a determination regarding
10.24a ward's capacity or incapacity to vote, the court must consider the limited guardian's
10.25recommendation, any documents submitted in the annual well-being report, and previous
10.26court orders and records related to the ward's capacity as evidence of the ward's capacity
10.27or incapacity to make independent voting decisions, and must affirmatively order that the
10.28ward's eligibility to vote is rescinded, restored, or continues unchanged, provided that the
10.29right to vote may not be rescinded without a hearing. An order by the court under this
10.30paragraph may be modified by the court at any time. A copy of the written order shall be
10.31sent to the guardian within 30 days of the date it is issued.
10.32(b) The limited guardian shall send, by certified mail, a copy of the court order or
10.33notification made by the court under this subdivision to the ward's current residential
10.34address within 30 days after it is made or the order is received. The mailing must be
10.35addressed to the ward and, if applicable, the administrator or other responsible person
10.36at the facility in which the ward resides. If a ward's residential address changes, the
11.1guardian shall send a new copy of the court's most recent order by certified mail to the
11.2new residential address within 30 days of the change of address. The requirements of this
11.3paragraph do not apply if the guardian resides at the same address as the ward.
11.4(c) Following a determination made by the court under paragraph (a), the guardian
11.5must inform the ward of the ward's current voting eligibility status.
11.6 Sec. 10. [524.5-318] DUTIES OF FACILITIES PROVIDING HOUSING TO A
11.7WARD.
11.8(a) The administrator or other responsible person overseeing a residential facility
11.9housing one or more wards must:
11.10(1) maintain all documents submitted to the facility by a guardian related to a ward's
11.11guardianship status and eligibility to vote;
11.12(2) maintain a written list of wards who reside in the facility and the current voting
11.13eligibility status of each, as stated in the court order of appointment provided under section
11.14524.5-310 or a review determination provided under section 524.5-316, subdivision 2; and
11.15(3) ensure that staff directly assisting wards in the voting process only assist those
11.16who are eligible to vote.
11.17(b) As used in this section, "residential facility" has the meaning provided in section
11.18201.061, subdivision 3, paragraph (c).
11.19EFFECTIVE DATE.This section is effective June 1, 2012. The initial list required
11.20by paragraph (a), clause (2), may be compiled on an ongoing basis as documentation is
11.21received from guardians as required by law.
11.22 Sec. 11. NOTIFICATION OF VOTING ELIGIBILITY STATUS; CURRENT
11.23GUARDIANS.
11.24No later than August 1, 2012, the state court administrator shall provide to each
11.25guardian a notice restating the current voting eligibility status of any ward subject to the
11.26guardian's supervision. A ward's voting eligibility status for purposes of the notice shall
11.27be based on the order of the court establishing the guardianship or any subsequent order of
11.28the court affecting the ward's right to vote, provided that nothing in this section requires
11.29the court to reconsider a previous order or issue a new order related to the ward's right to
11.30vote for the sole purpose of providing the notice required under this section. Following
11.31receipt of the notice required under this section, the guardian must inform the ward of
11.32the ward's current voting eligibility status.
11.33EFFECTIVE DATE.This section is effective the day following final enactment.
12.1 Sec. 12. EFFECTIVE DATE.
12.2Except where otherwise provided, this act is effective August 1, 2012, and applies to
12.3eligibility to vote in elections occurring on or after that date.
