Bill Text: MN SF2288 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Online voter registration and absentee ballot applications authorization; web site security, maintenance and monitoring requirements
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-04-22 - HF substituted on General Orders HF2096 [SF2288 Detail]
Download: Minnesota-2013-SF2288-Engrossed.html
1.2relating to elections; providing for submission of voter registration and absentee
1.3ballot applications online; amending Minnesota Statutes 2012, sections
1.4201.061, subdivision 1, by adding a subdivision; 201.071, subdivisions 1, 3;
1.5201.081; 203B.04, by adding a subdivision; 203B.17; Minnesota Statutes 2013
1.6Supplement, sections 201.275; 203B.04, subdivision 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 201.061, subdivision 1, is amended to read:
1.9 Subdivision 1. Prior to election day. (a) At any time except during the 20
1.10days immediately preceding any regularly scheduled election, an eligible voter or any
1.11individual who will be an eligible voter at the time of the next election may register to vote
1.12in the precinct in which the voter maintains residence by completing a voter registration
1.13application as described in section201.071, subdivision 1 , and submitting it. A completed
1.14application may be submitted:
1.15(1) in person or by mail to the county auditor of that county or to the Secretary
1.16of State's Office; or
1.17(2) electronically through a secure Web site that shall be maintained by the secretary
1.18of state for this purpose, if the applicant has an e-mail address and provides the applicant's
1.19verifiable Minnesota driver's license number, Minnesota state identification card number,
1.20or the last four digits of the applicant's Social Security number.
1.21A registration that is received in person or by mail no later than 5:00 p.m. on the
1.2221st day preceding any election, or a registration received electronically through the
1.23secretary of state's secure Web site no later than 11:59 p.m. on the 2lst day preceding any
1.24election, shall be accepted. An improperly addressed or delivered registration application
1.25shall be forwarded within two working days after receipt to the county auditor of the
2.1county where the voter maintains residence. A state or local agency or an individual that
2.2accepts completed voter registration applications from a voter must submit the completed
2.3applications to the secretary of state or the appropriate county auditor within ten calendar
2.4days after the applications are dated by the voter.
2.5(b) An application submitted electronically under paragraph (a), clause (2) may only
2.6be transmitted to the county auditor for processing if the secretary of state has verified the
2.7application information matches the information in a government database associated with
2.8the applicant's driver's license number, state identification card number, or Social Security
2.9number. The secretary of state must review all unverifiable voter registration applications
2.10submitted electronically for evidence of suspicious activity and must forward any such
2.11application to an appropriate law enforcement agency for investigation.
2.12An individual may not electronically submit a voter registration application on
2.13behalf of any other individual.
2.14(c) For purposes of this section, mail registration is defined as a voter registration
2.15application delivered to the secretary of state, county auditor, or municipal clerk by the
2.16United States Postal Service or a commercial carrier.
2.17 Sec. 2. Minnesota Statutes 2012, section 201.061, is amended by adding a subdivision
2.18to read:
2.19 Subd. 8. Web site security. (a) The secretary of state shall maintain a log of each
2.20Internet Protocol address used to submit a voter registration application electronically
2.21under subdivision 1, paragraph (a), clause (2), and must monitor the log, volume of
2.22Web site use, and other appropriate indicators for suspicious activity. Evidence of
2.23suspicious activity that can not be resolved by the secretary of state must be forwarded to
2.24an appropriate law enforcement agency for investigation.
2.25(b) The electronic registration system must be fully secure. The Web site shall
2.26maintain the confidentiality of all users and preserve the integrity of the data submitted.
2.27The secretary of state shall employ security measures to ensure the accuracy and integrity
2.28of voter registration applications submitted electronically pursuant to this section. All data
2.29sent and received through the system must be encrypted.
2.30(c) The secretary of state must provide ongoing testing and monitoring to ensure
2.31continued security. The secretary of state must work with the chief information officer or
2.32another security expert to annually audit the security of the system.
2.33(d) In developing the electronic voter registration system, the secretary of state must
2.34consult with the chief information officer or the chief's designee to ensure the site is secure.
3.1 Sec. 3. Minnesota Statutes 2012, section 201.071, subdivision 1, is amended to read:
3.2 Subdivision 1. Form. Both paper and electronic voter registration applications must
3.3contain the same information unless otherwise provided by law. A voter registration
3.4application mustbe of suitable size and weight for mailing and contain spaces for the
3.5following required information: voter's first name, middle name, and last name; voter's
3.6previous name, if any; voter's current address; voter's previous address, if any; voter's
3.7date of birth; voter's municipality and county of residence; voter's telephone number, if
3.8provided by the voter; date of registration; current and valid Minnesota driver's license
3.9number or Minnesota state identification number, or if the voter has no current and valid
3.10Minnesota driver's license or Minnesota state identification, the last four digits of the
3.11voter's Social Security number; and voter's signature. The paper registration application
3.12may include the voter's e-mail address, if provided by the voter, and. The electronic
3.13voter registration application must include the voter's e-mail address. The registration
3.14application may include the voter's interest in serving as an election judge, if indicated by
3.15the voter. The application must also contain the following certification of voter eligibility:
3.16"I certify that I:
3.17(1) will be at least 18 years old on election day;
3.18(2) am a citizen of the United States;
3.19(3) will have resided in Minnesota for 20 days immediately preceding election day;
3.20(4) maintain residence at the address given on the registration form;
3.21(5) am not under court-ordered guardianship in which the court order revokes my
3.22right to vote;
3.23(6) have not been found by a court to be legally incompetent to vote;
3.24(7) have the right to vote because, if I have been convicted of a felony, my felony
3.25sentence has expired (been completed) or I have been discharged from my sentence; and
3.26(8) have read and understand the following statement: that giving false information
3.27is a felony punishable by not more than five years imprisonment or a fine of not more
3.28than $10,000, or both."
3.29The certification must include boxes for the voter to respond to the following
3.30questions:
3.31"(1) Are you a citizen of the United States?" and
3.32"(2) Will you be 18 years old on or before election day?"
3.33And the instruction:
3.34"If you checked 'no' to either of these questions, do not complete this form."
3.35A paper voter registration application must be of suitable size and weight for
3.36mailing. The form of the voter registration application and the certification of voter
4.1eligibility must be as provided in this subdivision and approved by the secretary of state.
4.2Voter registration forms authorized by the National Voter Registration Act must also be
4.3accepted as valid. The federal postcard application form must also be accepted as valid if
4.4it is not deficient and the voter is eligible to register in Minnesota.
4.5An individual may use a voter registration application to apply to register to vote in
4.6Minnesota or to change information on an existing registration.
4.7 Sec. 4. Minnesota Statutes 2012, section 201.071, subdivision 3, is amended to read:
4.8 Subd. 3. Deficient registration. No voter registration application is deficient if it
4.9contains the voter's name, address, date of birth, current and valid Minnesota driver's
4.10license number or Minnesota state identification number, or if the voter has no current and
4.11valid Minnesota driver's license or Minnesota state identification number, the last four
4.12digits of the voter's Social Security number, if the voter has been issued a Social Security
4.13number, prior registration, if any, and signature. The absence of a zip code number does
4.14not cause the registration to be deficient. Failure to check a box on an application form
4.15that a voter has certified to be true does not cause the registration to be deficient. The
4.16election judges shall request an individual to correct a voter registration application if it is
4.17deficient or illegible. No eligible voter may be prevented from voting unless the voter's
4.18registration application is deficient or the voter is duly and successfully challenged in
4.19accordance with section201.195 or
204C.12 .
4.20 A voter registration application accepted prior to August 1, 1983, is not deficient
4.21for lack of date of birth. The county or municipality may attempt to obtain the date of
4.22birth for a voter registration application accepted prior to August 1, 1983, by a request to
4.23the voter at any time except at the polling place. Failure by the voter to comply with this
4.24request does not make the registration deficient.
4.25 A voter registration application accepted before January 1, 2004, is not deficient for
4.26lack of a valid Minnesota driver's license or state identification number or the last four
4.27digits of a Social Security number. A voter registration application submitted by a voter
4.28who does not have a Minnesota driver's license or state identification number, or a Social
4.29Security number, is not deficient for lack of any of these numbers.
4.30 Notwithstanding the requirements of section 201.061, subdivision 1, a voter
4.31registration application submitted electronically through the Web site of the secretary of
4.32state prior to the effective date of this section is not invalid as a result of its electronic
4.33submission.
5.1 Sec. 5. Minnesota Statutes 2012, section 201.081, is amended to read:
5.2201.081 REGISTRATION FILES.
5.3 (a) The statewide registration system is the official record of registered voters.
5.4The voter registration applications and the terminal providing access to the statewide
5.5registration system must be under the control of the county auditor or the public official
5.6to whom the county auditor has delegated the responsibility for maintaining voter
5.7registration records. The voter registration applications and terminals providing access
5.8to the statewide registration system must not be removed from the control of the county
5.9auditor except as provided in this section. The county auditor may make photographic
5.10copies of voter registration applications in the manner provided by section138.17 .
5.11 (b) A properly completed voter registration application that has been submitted
5.12 electronically or in paper form to the secretary of state or a county auditor must be
5.13maintained by the secretary of state or the county auditor for at least 22 months after the
5.14date that the information on the application is entered into the database of the statewide
5.15registration system. The secretary of state or the county auditor may dispose of the
5.16applications after retention for 22 months in the manner provided by section138.17 .
5.17 (c) Data contained on a voter registration application submitted electronically
5.18through the secure Web site established in section 201.061, subdivision 1, must be
5.19maintained in its original form, in a manner suitable for printing, for the period required
5.20by this section. The Internet Protocol address used to submit an application electronically
5.21must be maintained with the voter registration application data.
5.22 Sec. 6. Minnesota Statutes 2013 Supplement, section 201.275, is amended to read:
5.23201.275 INVESTIGATIONS; PROSECUTIONS.
5.24A law enforcement agency that is notified by affidavit of an alleged violation of this
5.25chapter shall promptly investigate. Upon receiving an affidavit alleging a violation of this
5.26chapter, a county attorney shall promptly forward it to a law enforcement agency with
5.27jurisdiction for investigation. If there is probable cause for instituting a prosecution,
5.28the county attorney shall proceed by complaint or present the charge, with whatever
5.29evidence has been found, to the grand jury. A county attorney who refuses or intentionally
5.30fails to faithfully perform this or any other duty imposed by this chapter is guilty of
5.31a misdemeanor and upon conviction shall forfeit office. The county attorney, under
5.32the penalty of forfeiture of office, shall prosecute all violations of this chapter except
5.33violations of this section; if, however, a complainant withdraws an allegation under this
5.34chapter, the county attorney is not required to proceed with the prosecution.
6.1Where the matter relates to a voter registration application submitted electronically
6.2through the secure Web site established in section 201.061, subdivision 1, alleged
6.3violations of this chapter may be investigated and prosecuted in the county in which the
6.4individual registered or attempted to register.
6.5 Sec. 7. Minnesota Statutes 2013 Supplement, section 203B.04, subdivision 1, is
6.6amended to read:
6.7 Subdivision 1. Application procedures. (a) Except as otherwise allowed by
6.8subdivision 2 or by section203B.11, subdivision 4 , an application for absentee ballots for
6.9any election may be submitted at any time not less than one day before the day of that
6.10election. The county auditor shall prepare absentee ballot application forms in the format
6.11provided by the secretary of state and shall furnish them to any person on request. By
6.12January 1 of each even-numbered year, the secretary of state shall make the forms to be
6.13used available to auditors through electronic means. An application submitted pursuant
6.14to this subdivision shall be in writingand shall be submitted. An application may be
6.15submitted in person or by mail to:
6.16 (1) the county auditor of the county where the applicant maintains residence; or
6.17 (2) the municipal clerk of the municipality, or school district if applicable, where
6.18the applicant maintains residence.
6.19For a federal, state, or county election, an absentee ballot application may alternatively
6.20be submitted electronically through a secure Web site that shall be maintained by the
6.21secretary of state for this purpose. Notwithstanding paragraph (b), the secretary of state
6.22must require applicants using the Web site to submit the applicant's e-mail address and
6.23verifiable Minnesota driver's license number, Minnesota state identification card number,
6.24or the last four digits of the applicant's Social Security number.
6.25An application submitted electronically under this paragraph may only be transmitted to
6.26the county auditor for processing if the secretary of state has verified the application
6.27information matches the information in a government database associated with the
6.28applicant's driver's license number, state identification card number, or Social Security
6.29number. The secretary of state must review all unverifiable applications for evidence
6.30of suspicious activity and must forward any such application to an appropriate law
6.31enforcement agency for investigation.
6.32 (b) An application shall be approved if it is timely received, signed and dated by
6.33the applicant, contains the applicant's name and residence and mailing addresses, date
6.34of birth, and at least one of the following:
6.35(1) the applicant's Minnesota driver's license number;
7.1(2) Minnesota state identification card number;
7.2(3) the last four digits of the applicant's Social Security number; or
7.3(4) a statement that the applicant does not have any of these numbers.
7.4(c) To be approved, the application must contain an oath that the information
7.5contained on the form is accurate, that the applicant is applying on the applicant's own
7.6behalf, and that the applicant is signing the form under penalty of perjury.
7.7(d) An applicant's full date of birth, Minnesota driver's license or state identification
7.8number, and the last four digits of the applicant's Social Security number must not be
7.9made available for public inspection. An application may be submitted to the county
7.10auditor or municipal clerk by an electronic facsimile device. An application mailed or
7.11returned in person to the county auditor or municipal clerk on behalf of a voter by a
7.12person other than the voter must be deposited in the mail or returned in person to the
7.13county auditor or municipal clerk within ten days after it has been dated by the voter and
7.14no later than six days before the election. The absentee ballot applications or a list of
7.15persons applying for an absentee ballot may not be made available for public inspection
7.16until the close of voting on election day.
7.17 (e) An application under this subdivision may contain an application under
7.18subdivision 5 to automatically receive an absentee ballot application.
7.19 Sec. 8. Minnesota Statutes 2012, section 203B.04, is amended by adding a subdivision
7.20to read:
7.21 Subd. 7. Web site security. (a) The secretary of state shall maintain a log of each
7.22Internet Protocol address used to submit an absentee ballot application electronically under
7.23this section, and must monitor the log, volume of Web site use, and other appropriate
7.24indicators for suspicious activity. Evidence of suspicious activity that can not be resolved
7.25by the secretary of state must be forwarded to an appropriate law enforcement agency for
7.26investigation.
7.27(b) The electronic absentee ballot application system must be fully secure. The Web
7.28site shall maintain the confidentiality of all users and preserve the integrity of the data
7.29submitted. The secretary of state shall employ security measures to ensure the accuracy
7.30and integrity of absentee ballot applications submitted electronically pursuant to this
7.31section. All data sent and received through the system must be encrypted.
7.32(c) The secretary of state must provide ongoing testing and monitoring to ensure
7.33continued security. The secretary of state must work with the chief information officer or
7.34another security expert to annually audit the security of the system.
8.1(d) In developing the electronic voter registration system, the secretary of state must
8.2consult with the chief information officer or the chief's designee to ensure the site is secure.
8.3 Sec. 9. Minnesota Statutes 2012, section 203B.17, is amended to read:
8.4203B.17 APPLICATION FOR BALLOT.
8.5 Subdivision 1. Submission of application. (a) An application for absentee ballots
8.6for a voter described in section203B.16 must be in writing and may be submitted in
8.7writing or person, by mail, by electronic facsimile device, or by electronic mail, or
8.8electronically through a secure Web site that shall be maintained by the secretary of state
8.9for this purpose, upon determination by the secretary of state that security concerns have
8.10been adequately addressed. An application for absentee ballots for a voter described in
8.11section203B.16 may be submitted by that voter or by that voter's parent, spouse, sister,
8.12brother, or child over the age of 18 years. For purposes of an application under this
8.13subdivision, a person's Social Security number, no matter how it is designated, qualifies as
8.14the person's military identification number if the person is in the military.
8.15(b) An application for a voter described in section203B.16, subdivision 1 , shall be
8.16submitted to the county auditor of the county where the voter maintains residence or
8.17through the secure Web site maintained by the secretary of state.
8.18(c) An application for a voter described in section203B.16, subdivision 2 , shall be
8.19submitted to the county auditor of the county where the voter last maintained residence in
8.20Minnesota or through the secure Web site maintained by the secretary of state.
8.21(d) An application for absentee ballots shall be valid for any primary, special
8.22primary, general election, or special election from the time the application is received
8.23through the end of that calendar year.
8.24(e) There shall be no limitation of time for filing and receiving applications for
8.25ballots under sections203B.16 to
203B.27 .
8.26 Subd. 2. Required information. An application shall be accepted if it contains the
8.27following information stated under oath:
8.28 (a) the voter's name, birthdate, and present address of residence in Minnesota, or
8.29former address of residence in Minnesota if the voter is living permanently outside the
8.30United States;
8.31 (b) a statement indicating that the voter is in the military, or is the spouse or
8.32dependent of an individual serving in the military, or is temporarily outside the territorial
8.33limits of the United States, or is living permanently outside the territorial limits of the
8.34United States and voting under federal law;
9.1 (c) a statement that the voter expects to be absent from the precinct at the time
9.2of the election;
9.3 (d) the address to which absentee ballots are to be mailed;
9.4 (e) the voter's signature or the signature and relationship of the individual authorized
9.5to apply on the voter's behalf;and
9.6 (f) the voter's passport number, Minnesota driver's license or state identification card
9.7number, or the last four digits of the voter's Social Security number; if the voter does not
9.8have access to any of these documents, the voter or other individual requesting absentee
9.9ballots may attest to the truthfulness of the contents of the application under penalty
9.10of perjury; and
9.11 (g) the voter's e-mail address, if the application was submitted electronically through
9.12the secure Web site maintained by the secretary of state.
9.13Notwithstanding clause (f), an application submitted through the secretary of state's Web
9.14site must include the voter's verifiable Minnesota driver's license number, Minnesota state
9.15identification card number, or the last four digits of the voter's Social Security number,
9.16and may only be transmitted to the county auditor for processing if the secretary of
9.17state has verified the application information matches the information in a government
9.18database associated with the applicant's driver's license number, state identification card
9.19number, or Social Security number. The secretary of state must review all unverifiable
9.20applications for evidence of suspicious activity and must forward any such application to
9.21an appropriate law enforcement agency for investigation.
9.22 Subd. 3. Web site security. (a) The secretary of state shall maintain a log of each
9.23Internet Protocol address used to submit an absentee ballot application electronically under
9.24this section, and must monitor the log, volume of Web site use, and other appropriate
9.25indicators for suspicious activity. Evidence of suspicious activity that can not be resolved
9.26by the secretary of state must be forwarded to an appropriate law enforcement agency for
9.27investigation.
9.28(b) The electronic absentee ballot application system must be fully secure. The Web
9.29site shall maintain the confidentiality of all users and preserve the integrity of the data
9.30submitted. The secretary of state shall employ security measures to ensure the accuracy
9.31and integrity of absentee ballot applications submitted electronically pursuant to this
9.32section. All data sent and received through the system must be encrypted.
9.33(c) The secretary of state must provide ongoing testing and monitoring to ensure
9.34continued security. The secretary of state must work with the chief information officer or
9.35another security expert to annually audit the security of the system.
10.1(d) In developing the electronic voter registration system, the secretary of state must
10.2consult with the chief information officer or the chief's designee to ensure the site is secure.
10.3 Sec. 10. EFFECTIVE DATE.
10.4This act is effective the day following final enactment.
1.3ballot applications online; amending Minnesota Statutes 2012, sections
1.4201.061, subdivision 1, by adding a subdivision; 201.071, subdivisions 1, 3;
1.5201.081; 203B.04, by adding a subdivision; 203B.17; Minnesota Statutes 2013
1.6Supplement, sections 201.275; 203B.04, subdivision 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 201.061, subdivision 1, is amended to read:
1.9 Subdivision 1. Prior to election day. (a) At any time except during the 20
1.10days immediately preceding any regularly scheduled election, an eligible voter or any
1.11individual who will be an eligible voter at the time of the next election may register to vote
1.12in the precinct in which the voter maintains residence by completing a voter registration
1.13application as described in section
1.14application may be submitted:
1.15(1) in person or by mail to the county auditor of that county or to the Secretary
1.16of State's Office; or
1.17(2) electronically through a secure Web site that shall be maintained by the secretary
1.18of state for this purpose, if the applicant has an e-mail address and provides the applicant's
1.19verifiable Minnesota driver's license number, Minnesota state identification card number,
1.20or the last four digits of the applicant's Social Security number.
1.21A registration that is received in person or by mail no later than 5:00 p.m. on the
1.2221st day preceding any election, or a registration received electronically through the
1.23secretary of state's secure Web site no later than 11:59 p.m. on the 2lst day preceding any
1.24election, shall be accepted. An improperly addressed or delivered registration application
1.25shall be forwarded within two working days after receipt to the county auditor of the
2.1county where the voter maintains residence. A state or local agency or an individual that
2.2accepts completed voter registration applications from a voter must submit the completed
2.3applications to the secretary of state or the appropriate county auditor within ten calendar
2.4days after the applications are dated by the voter.
2.5(b) An application submitted electronically under paragraph (a), clause (2) may only
2.6be transmitted to the county auditor for processing if the secretary of state has verified the
2.7application information matches the information in a government database associated with
2.8the applicant's driver's license number, state identification card number, or Social Security
2.9number. The secretary of state must review all unverifiable voter registration applications
2.10submitted electronically for evidence of suspicious activity and must forward any such
2.11application to an appropriate law enforcement agency for investigation.
2.12An individual may not electronically submit a voter registration application on
2.13behalf of any other individual.
2.14(c) For purposes of this section, mail registration is defined as a voter registration
2.15application delivered to the secretary of state, county auditor, or municipal clerk by the
2.16United States Postal Service or a commercial carrier.
2.17 Sec. 2. Minnesota Statutes 2012, section 201.061, is amended by adding a subdivision
2.18to read:
2.19 Subd. 8. Web site security. (a) The secretary of state shall maintain a log of each
2.20Internet Protocol address used to submit a voter registration application electronically
2.21under subdivision 1, paragraph (a), clause (2), and must monitor the log, volume of
2.22Web site use, and other appropriate indicators for suspicious activity. Evidence of
2.23suspicious activity that can not be resolved by the secretary of state must be forwarded to
2.24an appropriate law enforcement agency for investigation.
2.25(b) The electronic registration system must be fully secure. The Web site shall
2.26maintain the confidentiality of all users and preserve the integrity of the data submitted.
2.27The secretary of state shall employ security measures to ensure the accuracy and integrity
2.28of voter registration applications submitted electronically pursuant to this section. All data
2.29sent and received through the system must be encrypted.
2.30(c) The secretary of state must provide ongoing testing and monitoring to ensure
2.31continued security. The secretary of state must work with the chief information officer or
2.32another security expert to annually audit the security of the system.
2.33(d) In developing the electronic voter registration system, the secretary of state must
2.34consult with the chief information officer or the chief's designee to ensure the site is secure.
3.1 Sec. 3. Minnesota Statutes 2012, section 201.071, subdivision 1, is amended to read:
3.2 Subdivision 1. Form. Both paper and electronic voter registration applications must
3.3contain the same information unless otherwise provided by law. A voter registration
3.4application must
3.5following required information: voter's first name, middle name, and last name; voter's
3.6previous name, if any; voter's current address; voter's previous address, if any; voter's
3.7date of birth; voter's municipality and county of residence; voter's telephone number, if
3.8provided by the voter; date of registration; current and valid Minnesota driver's license
3.9number or Minnesota state identification number, or if the voter has no current and valid
3.10Minnesota driver's license or Minnesota state identification, the last four digits of the
3.11voter's Social Security number; and voter's signature. The paper registration application
3.12may include the voter's e-mail address, if provided by the voter
3.13voter registration application must include the voter's e-mail address. The registration
3.14application may include the voter's interest in serving as an election judge, if indicated by
3.15the voter. The application must also contain the following certification of voter eligibility:
3.16"I certify that I:
3.17(1) will be at least 18 years old on election day;
3.18(2) am a citizen of the United States;
3.19(3) will have resided in Minnesota for 20 days immediately preceding election day;
3.20(4) maintain residence at the address given on the registration form;
3.21(5) am not under court-ordered guardianship in which the court order revokes my
3.22right to vote;
3.23(6) have not been found by a court to be legally incompetent to vote;
3.24(7) have the right to vote because, if I have been convicted of a felony, my felony
3.25sentence has expired (been completed) or I have been discharged from my sentence; and
3.26(8) have read and understand the following statement: that giving false information
3.27is a felony punishable by not more than five years imprisonment or a fine of not more
3.28than $10,000, or both."
3.29The certification must include boxes for the voter to respond to the following
3.30questions:
3.31"(1) Are you a citizen of the United States?" and
3.32"(2) Will you be 18 years old on or before election day?"
3.33And the instruction:
3.34"If you checked 'no' to either of these questions, do not complete this form."
3.35A paper voter registration application must be of suitable size and weight for
3.36mailing. The form of the voter registration application and the certification of voter
4.1eligibility must be as provided in this subdivision and approved by the secretary of state.
4.2Voter registration forms authorized by the National Voter Registration Act must also be
4.3accepted as valid. The federal postcard application form must also be accepted as valid if
4.4it is not deficient and the voter is eligible to register in Minnesota.
4.5An individual may use a voter registration application to apply to register to vote in
4.6Minnesota or to change information on an existing registration.
4.7 Sec. 4. Minnesota Statutes 2012, section 201.071, subdivision 3, is amended to read:
4.8 Subd. 3. Deficient registration. No voter registration application is deficient if it
4.9contains the voter's name, address, date of birth, current and valid Minnesota driver's
4.10license number or Minnesota state identification number, or if the voter has no current and
4.11valid Minnesota driver's license or Minnesota state identification number, the last four
4.12digits of the voter's Social Security number, if the voter has been issued a Social Security
4.13number, prior registration, if any, and signature. The absence of a zip code number does
4.14not cause the registration to be deficient. Failure to check a box on an application form
4.15that a voter has certified to be true does not cause the registration to be deficient. The
4.16election judges shall request an individual to correct a voter registration application if it is
4.17deficient or illegible. No eligible voter may be prevented from voting unless the voter's
4.18registration application is deficient or the voter is duly and successfully challenged in
4.19accordance with section
4.20 A voter registration application accepted prior to August 1, 1983, is not deficient
4.21for lack of date of birth. The county or municipality may attempt to obtain the date of
4.22birth for a voter registration application accepted prior to August 1, 1983, by a request to
4.23the voter at any time except at the polling place. Failure by the voter to comply with this
4.24request does not make the registration deficient.
4.25 A voter registration application accepted before January 1, 2004, is not deficient for
4.26lack of a valid Minnesota driver's license or state identification number or the last four
4.27digits of a Social Security number. A voter registration application submitted by a voter
4.28who does not have a Minnesota driver's license or state identification number, or a Social
4.29Security number, is not deficient for lack of any of these numbers.
4.30 Notwithstanding the requirements of section 201.061, subdivision 1, a voter
4.31registration application submitted electronically through the Web site of the secretary of
4.32state prior to the effective date of this section is not invalid as a result of its electronic
4.33submission.
5.1 Sec. 5. Minnesota Statutes 2012, section 201.081, is amended to read:
5.2201.081 REGISTRATION FILES.
5.3 (a) The statewide registration system is the official record of registered voters.
5.4The voter registration applications and the terminal providing access to the statewide
5.5registration system must be under the control of the county auditor or the public official
5.6to whom the county auditor has delegated the responsibility for maintaining voter
5.7registration records. The voter registration applications and terminals providing access
5.8to the statewide registration system must not be removed from the control of the county
5.9auditor except as provided in this section. The county auditor may make photographic
5.10copies of voter registration applications in the manner provided by section
5.11 (b) A properly completed voter registration application that has been submitted
5.12 electronically or in paper form to the secretary of state or a county auditor must be
5.13maintained by the secretary of state or the county auditor for at least 22 months after the
5.14date that the information on the application is entered into the database of the statewide
5.15registration system. The secretary of state or the county auditor may dispose of the
5.16applications after retention for 22 months in the manner provided by section
5.17 (c) Data contained on a voter registration application submitted electronically
5.18through the secure Web site established in section 201.061, subdivision 1, must be
5.19maintained in its original form, in a manner suitable for printing, for the period required
5.20by this section. The Internet Protocol address used to submit an application electronically
5.21must be maintained with the voter registration application data.
5.22 Sec. 6. Minnesota Statutes 2013 Supplement, section 201.275, is amended to read:
5.23201.275 INVESTIGATIONS; PROSECUTIONS.
5.24A law enforcement agency that is notified by affidavit of an alleged violation of this
5.25chapter shall promptly investigate. Upon receiving an affidavit alleging a violation of this
5.26chapter, a county attorney shall promptly forward it to a law enforcement agency with
5.27jurisdiction for investigation. If there is probable cause for instituting a prosecution,
5.28the county attorney shall proceed by complaint or present the charge, with whatever
5.29evidence has been found, to the grand jury. A county attorney who refuses or intentionally
5.30fails to faithfully perform this or any other duty imposed by this chapter is guilty of
5.31a misdemeanor and upon conviction shall forfeit office. The county attorney, under
5.32the penalty of forfeiture of office, shall prosecute all violations of this chapter except
5.33violations of this section; if, however, a complainant withdraws an allegation under this
5.34chapter, the county attorney is not required to proceed with the prosecution.
6.1Where the matter relates to a voter registration application submitted electronically
6.2through the secure Web site established in section 201.061, subdivision 1, alleged
6.3violations of this chapter may be investigated and prosecuted in the county in which the
6.4individual registered or attempted to register.
6.5 Sec. 7. Minnesota Statutes 2013 Supplement, section 203B.04, subdivision 1, is
6.6amended to read:
6.7 Subdivision 1. Application procedures. (a) Except as otherwise allowed by
6.8subdivision 2 or by section
6.9any election may be submitted at any time not less than one day before the day of that
6.10election. The county auditor shall prepare absentee ballot application forms in the format
6.11provided by the secretary of state and shall furnish them to any person on request. By
6.12January 1 of each even-numbered year, the secretary of state shall make the forms to be
6.13used available to auditors through electronic means. An application submitted pursuant
6.14to this subdivision shall be in writing
6.15submitted in person or by mail to:
6.16 (1) the county auditor of the county where the applicant maintains residence; or
6.17 (2) the municipal clerk of the municipality, or school district if applicable, where
6.18the applicant maintains residence.
6.19For a federal, state, or county election, an absentee ballot application may alternatively
6.20be submitted electronically through a secure Web site that shall be maintained by the
6.21secretary of state for this purpose. Notwithstanding paragraph (b), the secretary of state
6.22must require applicants using the Web site to submit the applicant's e-mail address and
6.23verifiable Minnesota driver's license number, Minnesota state identification card number,
6.24or the last four digits of the applicant's Social Security number.
6.25An application submitted electronically under this paragraph may only be transmitted to
6.26the county auditor for processing if the secretary of state has verified the application
6.27information matches the information in a government database associated with the
6.28applicant's driver's license number, state identification card number, or Social Security
6.29number. The secretary of state must review all unverifiable applications for evidence
6.30of suspicious activity and must forward any such application to an appropriate law
6.31enforcement agency for investigation.
6.32 (b) An application shall be approved if it is timely received, signed and dated by
6.33the applicant, contains the applicant's name and residence and mailing addresses, date
6.34of birth, and at least one of the following:
6.35(1) the applicant's Minnesota driver's license number;
7.1(2) Minnesota state identification card number;
7.2(3) the last four digits of the applicant's Social Security number; or
7.3(4) a statement that the applicant does not have any of these numbers.
7.4(c) To be approved, the application must contain an oath that the information
7.5contained on the form is accurate, that the applicant is applying on the applicant's own
7.6behalf, and that the applicant is signing the form under penalty of perjury.
7.7(d) An applicant's full date of birth, Minnesota driver's license or state identification
7.8number, and the last four digits of the applicant's Social Security number must not be
7.9made available for public inspection. An application may be submitted to the county
7.10auditor or municipal clerk by an electronic facsimile device. An application mailed or
7.11returned in person to the county auditor or municipal clerk on behalf of a voter by a
7.12person other than the voter must be deposited in the mail or returned in person to the
7.13county auditor or municipal clerk within ten days after it has been dated by the voter and
7.14no later than six days before the election. The absentee ballot applications or a list of
7.15persons applying for an absentee ballot may not be made available for public inspection
7.16until the close of voting on election day.
7.17 (e) An application under this subdivision may contain an application under
7.18subdivision 5 to automatically receive an absentee ballot application.
7.19 Sec. 8. Minnesota Statutes 2012, section 203B.04, is amended by adding a subdivision
7.20to read:
7.21 Subd. 7. Web site security. (a) The secretary of state shall maintain a log of each
7.22Internet Protocol address used to submit an absentee ballot application electronically under
7.23this section, and must monitor the log, volume of Web site use, and other appropriate
7.24indicators for suspicious activity. Evidence of suspicious activity that can not be resolved
7.25by the secretary of state must be forwarded to an appropriate law enforcement agency for
7.26investigation.
7.27(b) The electronic absentee ballot application system must be fully secure. The Web
7.28site shall maintain the confidentiality of all users and preserve the integrity of the data
7.29submitted. The secretary of state shall employ security measures to ensure the accuracy
7.30and integrity of absentee ballot applications submitted electronically pursuant to this
7.31section. All data sent and received through the system must be encrypted.
7.32(c) The secretary of state must provide ongoing testing and monitoring to ensure
7.33continued security. The secretary of state must work with the chief information officer or
7.34another security expert to annually audit the security of the system.
8.1(d) In developing the electronic voter registration system, the secretary of state must
8.2consult with the chief information officer or the chief's designee to ensure the site is secure.
8.3 Sec. 9. Minnesota Statutes 2012, section 203B.17, is amended to read:
8.4203B.17 APPLICATION FOR BALLOT.
8.5 Subdivision 1. Submission of application. (a) An application for absentee ballots
8.6for a voter described in section
8.7
8.8electronically through a secure Web site that shall be maintained by the secretary of state
8.9for this purpose, upon determination by the secretary of state that security concerns have
8.10been adequately addressed. An application for absentee ballots for a voter described in
8.11section
8.12brother, or child over the age of 18 years. For purposes of an application under this
8.13subdivision, a person's Social Security number, no matter how it is designated, qualifies as
8.14the person's military identification number if the person is in the military.
8.15(b) An application for a voter described in section
8.16submitted to the county auditor of the county where the voter maintains residence or
8.17through the secure Web site maintained by the secretary of state.
8.18(c) An application for a voter described in section
8.19submitted to the county auditor of the county where the voter last maintained residence in
8.20Minnesota or through the secure Web site maintained by the secretary of state.
8.21(d) An application for absentee ballots shall be valid for any primary, special
8.22primary, general election, or special election from the time the application is received
8.23through the end of that calendar year.
8.24(e) There shall be no limitation of time for filing and receiving applications for
8.25ballots under sections
8.26 Subd. 2. Required information. An application shall be accepted if it contains the
8.27following information stated under oath:
8.28 (a) the voter's name, birthdate, and present address of residence in Minnesota, or
8.29former address of residence in Minnesota if the voter is living permanently outside the
8.30United States;
8.31 (b) a statement indicating that the voter is in the military, or is the spouse or
8.32dependent of an individual serving in the military, or is temporarily outside the territorial
8.33limits of the United States, or is living permanently outside the territorial limits of the
8.34United States and voting under federal law;
9.1 (c) a statement that the voter expects to be absent from the precinct at the time
9.2of the election;
9.3 (d) the address to which absentee ballots are to be mailed;
9.4 (e) the voter's signature or the signature and relationship of the individual authorized
9.5to apply on the voter's behalf;
9.6 (f) the voter's passport number, Minnesota driver's license or state identification card
9.7number, or the last four digits of the voter's Social Security number; if the voter does not
9.8have access to any of these documents, the voter or other individual requesting absentee
9.9ballots may attest to the truthfulness of the contents of the application under penalty
9.10of perjury; and
9.11 (g) the voter's e-mail address, if the application was submitted electronically through
9.12the secure Web site maintained by the secretary of state.
9.13Notwithstanding clause (f), an application submitted through the secretary of state's Web
9.14site must include the voter's verifiable Minnesota driver's license number, Minnesota state
9.15identification card number, or the last four digits of the voter's Social Security number,
9.16and may only be transmitted to the county auditor for processing if the secretary of
9.17state has verified the application information matches the information in a government
9.18database associated with the applicant's driver's license number, state identification card
9.19number, or Social Security number. The secretary of state must review all unverifiable
9.20applications for evidence of suspicious activity and must forward any such application to
9.21an appropriate law enforcement agency for investigation.
9.22 Subd. 3. Web site security. (a) The secretary of state shall maintain a log of each
9.23Internet Protocol address used to submit an absentee ballot application electronically under
9.24this section, and must monitor the log, volume of Web site use, and other appropriate
9.25indicators for suspicious activity. Evidence of suspicious activity that can not be resolved
9.26by the secretary of state must be forwarded to an appropriate law enforcement agency for
9.27investigation.
9.28(b) The electronic absentee ballot application system must be fully secure. The Web
9.29site shall maintain the confidentiality of all users and preserve the integrity of the data
9.30submitted. The secretary of state shall employ security measures to ensure the accuracy
9.31and integrity of absentee ballot applications submitted electronically pursuant to this
9.32section. All data sent and received through the system must be encrypted.
9.33(c) The secretary of state must provide ongoing testing and monitoring to ensure
9.34continued security. The secretary of state must work with the chief information officer or
9.35another security expert to annually audit the security of the system.
10.1(d) In developing the electronic voter registration system, the secretary of state must
10.2consult with the chief information officer or the chief's designee to ensure the site is secure.
10.3 Sec. 10. EFFECTIVE DATE.
10.4This act is effective the day following final enactment.
