Bill Text: MN SF1811 | 2013-2014 | 88th Legislature | Engrossed


Bill Title: Electronic rosters statewide authorization

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-04-29 - HF substituted on General Orders HF2166 [SF1811 Detail]

Download: Minnesota-2013-SF1811-Engrossed.html

1.1A bill for an act
1.2relating to elections; authorizing the use of electronic rosters statewide; directing
1.3the secretary of state to adopt rules; amending Minnesota Statutes 2012, sections
1.4200.02, by adding subdivisions; 201.221, subdivision 3; 204B.14, subdivision 2;
1.5204C.10; 204C.12, subdivision 4; 211B.11, subdivision 1; Minnesota Statutes
1.62013 Supplement, section 204C.14, subdivision 2; proposing coding for new
1.7law in Minnesota Statutes, chapter 201.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9ARTICLE 1
1.10ELECTRONIC ROSTER AUTHORIZATION

1.11    Section 1. [201.225] ELECTRONIC ROSTER AUTHORIZATION.
1.12    Subdivision 1. Authority. A county, municipality, or school district may use
1.13electronic rosters for any election. In a county, municipality, or school district that uses
1.14electronic rosters, the head elections official may designate that some or all of the precincts
1.15use electronic rosters. An electronic roster must comply with all of the requirements of
1.16this section. An electronic roster must include information required in section 201.221,
1.17subdivision 3, and any rules adopted pursuant to that section.
1.18    Subd. 2. Technology requirements. An electronic roster must:
1.19(1) be able to be loaded with a data file that includes voter registration data in a file
1.20format prescribed by the secretary of state;
1.21(2) allow for data to be exported in a file format prescribed by the secretary of state;
1.22(3) allow for data to be entered manually or by scanning a Minnesota driver's license
1.23or identification card to locate a voter record or populate a voter registration application
1.24that would be printed and signed and dated by the voter. The printed registration
2.1application can be either a printed form, labels printed with voter information to be affixed
2.2to a preprinted form, or a combination of both;
2.3(4) allow an election judge to update data that was populated from a scanned driver's
2.4license or identification card;
2.5(5) cue an election judge to ask for and input data that is not populated from a
2.6scanned driver's license or identification card that is otherwise required to be collected
2.7from the voter or an election judge;
2.8(6) immediately alert the election judge if the voter has provided information that
2.9indicates that the voter is not eligible to vote;
2.10(7) immediately alert the election judge if the electronic roster indicates that a voter
2.11has already voted in that precinct, the voter's registration status is challenged, or it appears
2.12the voter resides in a different precinct;
2.13(8) provide immediate instructions on how to resolve a particular type of challenge
2.14when a voter's record is challenged;
2.15(9) provide for a printed voter signature certificate, containing the voter's name,
2.16address of residence, date of birth, voter identification number, the oath required by
2.17section 204C.10, and a space for the voter's original signature. The printed voter signature
2.18certificate can be either a printed form or a label printed with the voter's information
2.19to be affixed to the oath;
2.20(10) contain only preregistered voters within the precinct, and not contain
2.21preregistered voter data on voters registered outside of the precinct;
2.22(11) be only networked within the polling location on election day, except for the
2.23purpose of updating absentee ballot records;
2.24(12) meet minimum security, reliability, and networking standards established by the
2.25Office of the Secretary of State in consultation with MN.IT;
2.26(13) be capable of providing a voter's correct polling place; and
2.27(14) perform any other functions necessary for the efficient and secure administration
2.28of the participating election, as determined by the secretary of state.
2.29    Subd. 3. Minnesota Election Law; other law. Unless otherwise provided, the
2.30provisions of the Minnesota Election Law apply to the use of electronic rosters. Voters
2.31participating in the safe at home program must be allowed to vote pursuant to section
2.325B.06. Nothing in this section shall be construed to amend absentee voting provisions in
2.33chapter 203B.
2.34    Subd. 4. Election records retention. All voter signature certificates and voter
2.35registration applications printed from an electronic roster must be retained pursuant to
2.36section 204B.40. The electronic rosters must print voter signature certificates and voter
3.1registration applications on material that will remain legible through the period prescribed
3.2by section 204B.40. Data on election day registrants and voter history must be uploaded
3.3to the statewide voter registration system for processing by county auditors.
3.4    Subd. 5. Election day. (a) Precincts may use electronic rosters for election day
3.5registration, to process preregistered voters, or both. The printed election day registration
3.6applications must be reviewed when electronic records are processed in the statewide
3.7voter registration system. Notwithstanding section 204C.20 or 206.86, the election judges
3.8shall determine the number of ballots to be counted by counting the number of original
3.9voter signature certificates or the number of voter receipts.
3.10(b) Each precinct using electronic rosters shall have a paper backup system approved
3.11by the secretary of state present at the polling place to use in the event that the election
3.12judges are unable to use the electronic roster.
3.13    Subd. 6. Reporting; certification; preelection testing. (a) A county, municipality,
3.14or school district that intends to use electronic rosters in an upcoming election must notify
3.15the Office of the Secretary of State at least 90 days before the first election in which the
3.16county, municipality, or school district intends to use electronic rosters. The notification
3.17must specify whether all precincts will use electronic rosters, and if not, specify which
3.18precincts will be using electronic rosters. The notification is valid for all subsequent
3.19elections, unless revoked by the county, municipality, or school district. If precincts within
3.20a county, municipality, or school district that were not included in the initial notification
3.21intend to use electronic rosters, a new notification must be submitted.
3.22(b) The county, municipality, or school district that intends to use electronic rosters
3.23must certify to the Office of the Secretary of State at least 30 days before the election that
3.24the electronic rosters meet all of the requirements in this section.
3.25(c) The county, municipality, or school district using electronic rosters must test the
3.26electronic roster system within 14 days before any election. The secretary of state must
3.27adopt rules using the expedited rulemaking process under section 14.389, to implement
3.28the requirements of this paragraph for preelection testing.

3.29    Sec. 2. EFFECTIVE DATE.
3.30This article is effective the day following final enactment.

3.31ARTICLE 2
3.32DEFINITIONS AND CONFORMING CHANGES

3.33    Section 1. Minnesota Statutes 2012, section 200.02, is amended by adding a
3.34subdivision to read:
4.1    Subd. 25. Polling place roster. "Polling place roster" or "roster" refers to a roster in
4.2(1) printed format; or (2) electronic format as permitted by section 201.225.

4.3    Sec. 2. Minnesota Statutes 2012, section 200.02, is amended by adding a subdivision
4.4to read:
4.5    Subd. 26. Voter signature certificate. "Voter signature certificate" means a printed
4.6form or label generated from an electronic polling place roster that contains the voter's
4.7name, address of residence, date of birth, voter identification number, the oath required
4.8by section 204C.10, and a space for the voter's original signature. A voter signature
4.9certificate is not a "voter certificate" under section 204C.12.

4.10    Sec. 3. Minnesota Statutes 2012, section 201.221, subdivision 3, is amended to read:
4.11    Subd. 3. Procedures for polling place rosters. The secretary of state shall
4.12prescribe the form of paper polling place rosters that include the voter's name, address,
4.13date of birth, school district number, and space for the voter's signature. An electronic
4.14roster and the voter signature certificate together must include the same information as a
4.15paper polling place roster. The secretary of state may prescribe additional election-related
4.16information to be placed on the polling place rosters on an experimental basis for one state
4.17primary and general election cycle; the same information may not be placed on the polling
4.18place roster for a second state primary and general election cycle unless specified in this
4.19subdivision. The polling place roster must be used to indicate whether the voter has voted
4.20in a given election. The secretary of state shall prescribe procedures for transporting the
4.21polling place rosters to the election judges for use on election day. The secretary of state
4.22shall prescribe the form for a county or municipality to request the date of birth from
4.23currently registered voters. The county or municipality shall not request the date of birth
4.24from currently registered voters by any communication other than the prescribed form and
4.25the form must clearly indicate that a currently registered voter does not lose registration
4.26status by failing to provide the date of birth. In accordance with section 204B.40, the
4.27county auditor shall retain the prescribed polling place rosters used on the date of election
4.28for 22 months following the election.

4.29    Sec. 4. Minnesota Statutes 2012, section 204B.14, subdivision 2, is amended to read:
4.30    Subd. 2. Separate precincts; combined polling place. (a) The following shall
4.31constitute at least one election precinct:
4.32(1) each city ward; and
4.33(2) each town and each statutory city.
5.1(b) A single, accessible, combined polling place may be established no later than
5.2May 1 of any year:
5.3(1) for any city of the third or fourth class, any town, or any city having territory in
5.4more than one county, in which all the voters of the city or town shall cast their ballots;
5.5(2) for contiguous precincts in the same municipality;
5.6(3) for up to four contiguous municipalities located entirely outside the metropolitan
5.7area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
5.8(4) for noncontiguous precincts located in one or more counties.
5.9A copy of the ordinance or resolution establishing a combined polling place must
5.10be filed with the county auditor within 30 days after approval by the governing body. A
5.11polling place combined under clause (3) must be approved by the governing body of each
5.12participating municipality. A polling place combined under clause (4) must be approved
5.13by the governing body of each participating municipality and the secretary of state and
5.14may be located outside any of the noncontiguous precincts. A municipality withdrawing
5.15from participation in a combined polling place must do so by filing a resolution of
5.16withdrawal with the county auditor no later than April 1 of any year.
5.17The secretary of state shall provide a separate polling place roster for each precinct
5.18served by the combined polling place, except that in a precinct that uses electronic rosters
5.19the secretary of state shall provide separate data files for each precinct. A single set of
5.20election judges may be appointed to serve at a combined polling place. The number of
5.21election judges required must be based on the total number of persons voting at the last
5.22similar election in all precincts to be voting at the combined polling place. Separate ballot
5.23boxes must be provided for the ballots from each precinct. The results of the election must
5.24be reported separately for each precinct served by the combined polling place, except in a
5.25polling place established under clause (2) where one of the precincts has fewer than ten
5.26registered voters, in which case the results of that precinct must be reported in the manner
5.27specified by the secretary of state.

5.28    Sec. 5. Minnesota Statutes 2012, section 204C.10, is amended to read:
5.29204C.10 PERMANENT REGISTRATION; VERIFICATION OF
5.30REGISTRATION.
5.31(a) An individual seeking to vote shall sign a polling place roster or voter signature
5.32certificate which states that the individual is at least 18 years of age, a citizen of the United
5.33States, has resided in Minnesota for 20 days immediately preceding the election, maintains
5.34residence at the address shown, is not under a guardianship in which the court order revokes
5.35the individual's right to vote, has not been found by a court of law to be legally incompetent
6.1to vote or has the right to vote because, if the individual was convicted of a felony, the
6.2felony sentence has expired or been completed or the individual has been discharged from
6.3the sentence, is registered and has not already voted in the election. The roster must also
6.4state: "I understand that deliberately providing false information is a felony punishable by
6.5not more than five years imprisonment and a fine of not more than $10,000, or both."
6.6(b) A judge may, before the applicant signs the roster or voter signature certificate,
6.7confirm the applicant's name, address, and date of birth.
6.8(c) After the applicant signs the roster or voter signature certificate, the judge shall
6.9give the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge
6.10in charge of ballots as proof of the voter's right to vote, and thereupon the judge shall
6.11hand to the voter the ballot. The voters' receipts must be maintained during the time for
6.12notice of filing an election contest.

6.13    Sec. 6. Minnesota Statutes 2012, section 204C.12, subdivision 4, is amended to read:
6.14    Subd. 4. Refusal to answer questions or sign a polling place roster. A challenged
6.15individual who refuses to answer questions or sign a polling place roster or voter signature
6.16certificate as required by this section must not be allowed to vote. A challenged individual
6.17who leaves the polling place and returns later willing to answer questions or sign a polling
6.18place roster or voter signature certificate must not be allowed to vote.

6.19    Sec. 7. Minnesota Statutes 2013 Supplement, section 204C.14, subdivision 2, is
6.20amended to read:
6.21    Subd. 2. Signature on roster as evidence of intent. For purposes of proving a
6.22violation of this section, the signature of an individual on a polling place roster or voter
6.23signature certificate is prima facie evidence of the intent of the individual to vote at that
6.24election.

6.25    Sec. 8. Minnesota Statutes 2012, section 211B.11, subdivision 1, is amended to read:
6.26    Subdivision 1. Soliciting near polling places. A person may not display campaign
6.27material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
6.28a polling place or within 100 feet of the building in which a polling place is situated,
6.29or anywhere on the public property on which a polling place is situated, on primary or
6.30election day to vote for or refrain from voting for a candidate or ballot question. A person
6.31may not provide political badges, political buttons, or other political insignia to be worn
6.32at or about the polling place on the day of a primary or election. A political badge,
6.33political button, or other political insignia may not be worn at or about the polling place on
7.1primary or election day. This section applies to areas established by the county auditor or
7.2municipal clerk for absentee voting as provided in chapter 203B.
7.3The secretary of state, county auditor, municipal clerk, or school district clerk may
7.4provide stickers which contain the words "I VOTED" and nothing more. Election judges
7.5may offer a sticker of this type to each voter who has signed the polling place roster or
7.6voter signature certificate.

7.7    Sec. 9. EFFECTIVE DATE.
7.8This article is effective the day following final enactment.
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