Bill Text: MN SF2288 | 2013-2014 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html

1.1A bill for an act
1.2relating to elections; providing for submission of voter registration and absentee
1.3ballot applications online; amending Minnesota Statutes 2012, sections 201.061,
1.4subdivision 1; 201.071, subdivisions 1, 3; 203B.17; Minnesota Statutes 2013
1.5Supplement, section 203B.04, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2012, section 201.061, subdivision 1, is amended to read:
1.8    Subdivision 1. Prior to election day. At any time except during the 20 days
1.9immediately preceding any regularly scheduled election, an eligible voter or any
1.10individual who will be an eligible voter at the time of the next election may register to vote
1.11in the precinct in which the voter maintains residence by completing a voter registration
1.12application as described in section 201.071, subdivision 1, and submitting it. A completed
1.13application may be submitted:
1.14(1) in person or by mail to the county auditor of that county or to the Secretary
1.15of State's Office.; or
1.16(2) electronically through a secure Web site that shall be maintained by the secretary
1.17of state for this purpose, if the applicant has an e-mail address and provides the applicant's
1.18verifiable Minnesota driver's license number, Minnesota state identification card number,
1.19or the last four digits of the applicant's Social Security number.
1.20A registration that is received no later than 5:00 p.m. on the 21st day preceding any
1.21election shall be accepted. An improperly addressed or delivered registration application
1.22shall be forwarded within two working days after receipt to the county auditor of the
1.23county where the voter maintains residence. A state or local agency or an individual that
1.24accepts completed voter registration applications from a voter must submit the completed
1.25applications to the secretary of state or the appropriate county auditor within ten calendar
2.1days after the applications are dated by the voter. No individual shall submit an electronic
2.2voter registration on behalf of any other individual.
2.3For purposes of this section, mail registration is defined as a voter registration
2.4application delivered to the secretary of state, county auditor, or municipal clerk by the
2.5United States Postal Service or a commercial carrier.

2.6    Sec. 2. Minnesota Statutes 2012, section 201.071, subdivision 1, is amended to read:
2.7    Subdivision 1. Form. Both paper and electronic voter registration applications must
2.8contain the same information unless otherwise provided by law. A voter registration
2.9application must be of suitable size and weight for mailing and contain spaces for the
2.10following required information: voter's first name, middle name, and last name; voter's
2.11previous name, if any; voter's current address; voter's previous address, if any; voter's
2.12date of birth; voter's municipality and county of residence; voter's telephone number, if
2.13provided by the voter; date of registration; current and valid Minnesota driver's license
2.14number or Minnesota state identification number, or if the voter has no current and valid
2.15Minnesota driver's license or Minnesota state identification, the last four digits of the
2.16voter's Social Security number; and voter's signature. The paper registration application
2.17may include the voter's e-mail address, if provided by the voter, and. The electronic
2.18voter registration application must include the voter's e-mail address. The registration
2.19application may include the voter's interest in serving as an election judge, if indicated by
2.20the voter. The application must also contain the following certification of voter eligibility:
2.21"I certify that I:
2.22(1) will be at least 18 years old on election day;
2.23(2) am a citizen of the United States;
2.24(3) will have resided in Minnesota for 20 days immediately preceding election day;
2.25(4) maintain residence at the address given on the registration form;
2.26(5) am not under court-ordered guardianship in which the court order revokes my
2.27right to vote;
2.28(6) have not been found by a court to be legally incompetent to vote;
2.29(7) have the right to vote because, if I have been convicted of a felony, my felony
2.30sentence has expired (been completed) or I have been discharged from my sentence; and
2.31(8) have read and understand the following statement: that giving false information
2.32is a felony punishable by not more than five years imprisonment or a fine of not more
2.33than $10,000, or both."
2.34The certification must include boxes for the voter to respond to the following
2.35questions:
3.1"(1) Are you a citizen of the United States?" and
3.2"(2) Will you be 18 years old on or before election day?"
3.3And the instruction:
3.4"If you checked 'no' to either of these questions, do not complete this form."
3.5A paper voter registration application must be of suitable size and weight for
3.6mailing. The form of the voter registration application and the certification of voter
3.7eligibility must be as provided in this subdivision and approved by the secretary of state.
3.8Voter registration forms authorized by the National Voter Registration Act must also be
3.9accepted as valid. The federal postcard application form must also be accepted as valid if
3.10it is not deficient and the voter is eligible to register in Minnesota.
3.11An individual may use a voter registration application to apply to register to vote in
3.12Minnesota or to change information on an existing registration.

3.13    Sec. 3. Minnesota Statutes 2012, section 201.071, subdivision 3, is amended to read:
3.14    Subd. 3. Deficient registration. No voter registration application is deficient if it
3.15contains the voter's name, address, date of birth, current and valid Minnesota driver's
3.16license number or Minnesota state identification number, or if the voter has no current and
3.17valid Minnesota driver's license or Minnesota state identification number, the last four
3.18digits of the voter's Social Security number, if the voter has been issued a Social Security
3.19number, prior registration, if any, and signature. The absence of a zip code number does
3.20not cause the registration to be deficient. Failure to check a box on an application form
3.21that a voter has certified to be true does not cause the registration to be deficient. The
3.22election judges shall request an individual to correct a voter registration application if it is
3.23deficient or illegible. No eligible voter may be prevented from voting unless the voter's
3.24registration application is deficient or the voter is duly and successfully challenged in
3.25accordance with section 201.195 or 204C.12.
3.26    A voter registration application accepted prior to August 1, 1983, is not deficient
3.27for lack of date of birth. The county or municipality may attempt to obtain the date of
3.28birth for a voter registration application accepted prior to August 1, 1983, by a request to
3.29the voter at any time except at the polling place. Failure by the voter to comply with this
3.30request does not make the registration deficient.
3.31    A voter registration application accepted before January 1, 2004, is not deficient for
3.32lack of a valid Minnesota driver's license or state identification number or the last four
3.33digits of a Social Security number. A voter registration application submitted by a voter
3.34who does not have a Minnesota driver's license or state identification number, or a Social
3.35Security number, is not deficient for lack of any of these numbers.
4.1    A voter registration application submitted electronically through the Web site of the
4.2secretary of state prior to the effective date of this section is not invalid as a result of
4.3its electronic submission.

4.4    Sec. 4. Minnesota Statutes 2013 Supplement, section 203B.04, subdivision 1, is
4.5amended to read:
4.6    Subdivision 1. Application procedures. (a) Except as otherwise allowed by
4.7subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for
4.8any election may be submitted at any time not less than one day before the day of that
4.9election. The county auditor shall prepare absentee ballot application forms in the format
4.10provided by the secretary of state and shall furnish them to any person on request. By
4.11January 1 of each even-numbered year, the secretary of state shall make the forms to be
4.12used available to auditors through electronic means. An application submitted pursuant
4.13to this subdivision shall be in writing and shall be submitted. An application may be
4.14submitted in person or by mail to:
4.15    (1) the county auditor of the county where the applicant maintains residence; or
4.16    (2) the municipal clerk of the municipality, or school district if applicable, where
4.17the applicant maintains residence.
4.18For a federal, state, or county election, an absentee ballot application may alternatively
4.19be submitted electronically through a secure Web site that shall be maintained by the
4.20secretary of state for this purpose. Notwithstanding paragraph (b), the secretary of state
4.21must require applicants using the Web site to submit the applicant's e-mail address and
4.22verifiable Minnesota driver's license number, Minnesota state identification card number,
4.23or the last four digits of the applicant's Social Security number.
4.24    (b) An application shall be approved if it is timely received, signed and dated by
4.25the applicant, contains the applicant's name and residence and mailing addresses, date
4.26of birth, and at least one of the following:
4.27(1) the applicant's Minnesota driver's license number;
4.28(2) Minnesota state identification card number;
4.29(3) the last four digits of the applicant's Social Security number; or
4.30(4) a statement that the applicant does not have any of these numbers.
4.31(c) To be approved, the application must contain an oath that the information
4.32contained on the form is accurate, that the applicant is applying on the applicant's own
4.33behalf, and that the applicant is signing the form under penalty of perjury.
4.34(d) An applicant's full date of birth, Minnesota driver's license or state identification
4.35number, and the last four digits of the applicant's Social Security number must not be
5.1made available for public inspection. An application may be submitted to the county
5.2auditor or municipal clerk by an electronic facsimile device. An application mailed or
5.3returned in person to the county auditor or municipal clerk on behalf of a voter by a
5.4person other than the voter must be deposited in the mail or returned in person to the
5.5county auditor or municipal clerk within ten days after it has been dated by the voter and
5.6no later than six days before the election. The absentee ballot applications or a list of
5.7persons applying for an absentee ballot may not be made available for public inspection
5.8until the close of voting on election day.
5.9    (e) An application under this subdivision may contain an application under
5.10subdivision 5 to automatically receive an absentee ballot application.

5.11    Sec. 5. Minnesota Statutes 2012, section 203B.17, is amended to read:
5.12203B.17 APPLICATION FOR BALLOT.
5.13    Subdivision 1. Submission of application. (a) An application for absentee ballots
5.14for a voter described in section 203B.16 must be in writing and may be submitted in
5.15writing or person, by mail, by electronic facsimile device, or by electronic mail, or
5.16electronically through a secure Web site that shall be maintained by the secretary of state
5.17for this purpose, upon determination by the secretary of state that security concerns have
5.18been adequately addressed. An application for absentee ballots for a voter described in
5.19section 203B.16 may be submitted by that voter or by that voter's parent, spouse, sister,
5.20brother, or child over the age of 18 years. For purposes of an application under this
5.21subdivision, a person's Social Security number, no matter how it is designated, qualifies as
5.22the person's military identification number if the person is in the military.
5.23(b) An application for a voter described in section 203B.16, subdivision 1, shall be
5.24submitted to the county auditor of the county where the voter maintains residence or
5.25through the secure Web site maintained by the secretary of state.
5.26(c) An application for a voter described in section 203B.16, subdivision 2, shall be
5.27submitted to the county auditor of the county where the voter last maintained residence in
5.28Minnesota or through the secure Web site maintained by the secretary of state.
5.29(d) An application for absentee ballots shall be valid for any primary, special
5.30primary, general election, or special election from the time the application is received
5.31through the end of that calendar year.
5.32(e) There shall be no limitation of time for filing and receiving applications for
5.33ballots under sections 203B.16 to 203B.27.
5.34    Subd. 2. Required information. An application shall be accepted if it contains the
5.35following information stated under oath:
6.1    (a) the voter's name, birthdate, and present address of residence in Minnesota, or
6.2former address of residence in Minnesota if the voter is living permanently outside the
6.3United States;
6.4    (b) a statement indicating that the voter is in the military, or is the spouse or
6.5dependent of an individual serving in the military, or is temporarily outside the territorial
6.6limits of the United States, or is living permanently outside the territorial limits of the
6.7United States and voting under federal law;
6.8    (c) a statement that the voter expects to be absent from the precinct at the time
6.9of the election;
6.10    (d) the address to which absentee ballots are to be mailed;
6.11    (e) the voter's signature or the signature and relationship of the individual authorized
6.12to apply on the voter's behalf; and
6.13    (f) the voter's passport number, Minnesota driver's license or state identification card
6.14number, or the last four digits of the voter's Social Security number; if the voter does not
6.15have access to any of these documents, the voter or other individual requesting absentee
6.16ballots may attest to the truthfulness of the contents of the application under penalty
6.17of perjury; and
6.18    (g) the voter's e-mail address, if the application was submitted electronically through
6.19the secure Web site maintained by the secretary of state.
6.20Notwithstanding clause (f), an application submitted through the secretary of state's Web
6.21site must include the voter's verifiable Minnesota driver's license number, Minnesota state
6.22identification card number, or the last four digits of the voter's Social Security number.

6.23    Sec. 6. CERTIFICATION OF WEB SITE SECURITY; REPORT TO
6.24LEGISLATURE.
6.25No later than 30 days following the effective date of this section, the secretary
6.26of state shall certify that the Web site maintained for electronic submission of voter
6.27registration applications and the Web site maintained for electronic submission of absentee
6.28ballot applications have been tested and include sufficient security measures to prevent
6.29unauthorized access to data submitted to each site.
6.30By January 15, 2015, the secretary of state shall report to the chairs and ranking
6.31minority members of the house of representatives and senate committees with jurisdiction
6.32over elections issues on implementation and use of the voter registration Web site and the
6.33absentee ballot application Web site. The report must detail the number of applications
6.34processed, the number of individuals who attempted to apply but whose applications were
6.35rejected, any documented costs or savings associated with the operation of each Web site,
7.1any security issues arising out of Web site operations or in receiving and maintaining
7.2data, including the manner in which the issues were resolved, and other relevant data or
7.3information as determined by the secretary of state.

7.4    Sec. 7. EFFECTIVE DATE.
7.5Sections 1 to 6 are effective the day following final enactment.
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