Bill Text: MN SF479 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Voter photo identification and issuance requirement; picture identification and issuance at no charge; provisional balloting procedure establishment
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2011-03-23 - Author stricken Brown [SF479 Detail]
Download: Minnesota-2011-SF479-Engrossed.html
1.2relating to elections; requiring voters to provide picture identification before
1.3receiving a ballot; providing for the issuance of voter identification cards at no
1.4charge; establishing a procedure for provisional balloting;amending Minnesota
1.5Statutes 2010, section 204C.10; proposing coding for new law in Minnesota
1.6Statutes, chapters 201; 204C.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [201.017] VOTER IDENTIFICATION CARDS.
1.9 Subdivision 1. Access; eligibility. The county auditor must provide at least one
1.10location in the county at which it will accept applications for and issue voter identification
1.11cards to registered Minnesota voters. A voter identification card is valid only for purposes
1.12of voter identification under section 204C.10, and is available only to registered Minnesota
1.13voters. No fee may be charged or collected for the application for or issuance of a voter
1.14identification card. A voter is not eligible for a voter identification card if the voter has a
1.15Minnesota driver's license or identification card issued by the Department of Public Safety
1.16that is currently valid and will not expire prior to election day.
1.17 Subd. 2. Validity. A voter identification card is valid as long as the voter resides at
1.18the address indicated on the card and remains qualified to vote. A voter who moves to
1.19a different residence within the state must surrender the card to the appropriate county
1.20auditor of the new residence. After surrender of an invalid card, a voter may apply for and
1.21receive a new card if the voter is otherwise eligible. A person who moves to a residence
1.22outside the state of Minnesota or who ceases to be qualified to vote must surrender the
1.23voter identification card to the county auditor from which it was issued.
2.1 Subd. 3. Documentation required of applicant. (a) An applicant for a voter
2.2identification card must submit the following before the county auditor may issue an
2.3identification card:
2.4(1) proof of the applicant's current registration to vote in the state of Minnesota;
2.5(2) documentation approved by the secretary of state sufficient to prove residence in
2.6Minnesota for purposes of election day voter registration; and
2.7(3) official documentation that contains the applicant's name, current address of
2.8residence, and date of birth.
2.9The secretary of state may adopt rules to further describe and define the types of
2.10documentation sufficient to meet the requirements of this subdivision.
2.11(b) The application for a voter identification card shall elicit the information
2.12required to be printed under subdivision 4. The application must be signed and sworn to
2.13by the applicant. An applicant who knowingly submits an application containing false
2.14information is guilty of a felony.
2.15(c) Data contained in an application for a voter identification card is private data, as
2.16defined in section 13.02, subdivision 12.
2.17 Subd. 4. Format of card. The voter identification card shall be captioned
2.18"MINNESOTA VOTER IDENTIFICATION CARD," and contain a prominent statement
2.19that under Minnesota law, the card is valid only as identification for voting purposes. The
2.20voter identification card must be laminated, contain a digital color photograph of the voter,
2.21and include the following information about the voter:
2.22(1) full legal name;
2.23(2) address of residence;
2.24(3) birth date;
2.25(4) date identification card was issued;
2.26(5) sex;
2.27(6) height;
2.28(7) weight;
2.29(8) eye color;
2.30(9) county where identification card was issued; and
2.31(10) any other information prescribed by the secretary of state.
2.32 Subd. 5. Duties of secretary of state. The secretary of state shall provide each
2.33county auditor with the necessary equipment, forms, supplies, and training for the
2.34production of the Minnesota voter identification cards and is responsible for maintaining
2.35the equipment.
3.1The secretary of state may adopt any rules necessary to facilitate administration
3.2of this section.
3.3 Sec. 2. Minnesota Statutes 2010, section 204C.10, is amended to read:
3.4204C.10 PERMANENT REGISTRATION; VERIFICATION OF
3.5REGISTRATION.
3.6 Subdivision 1. Polling place roster. (a) An individual seeking to vote shall sign a
3.7polling place roster which states that the individual is at least 18 years of age, a citizen
3.8of the United States, has resided in Minnesota for 20 days immediately preceding the
3.9election, maintains residence at the address shown, is not under a guardianship in which
3.10the court order revokes the individual's right to vote, has not been found by a court of
3.11law to be legally incompetent to vote or has the right to vote because, if the individual
3.12was convicted of a felony, the felony sentence has expired or been completed or the
3.13individual has been discharged from the sentence, is registered and has not already voted
3.14in the election. The roster must also state: "I understand that deliberately providing false
3.15information is a felony punishable by not more than five years imprisonment and a fine of
3.16not more than $10,000, or both."
3.17(b)A judge may, Before the applicant signs the roster, a judge: (1) may confirm the
3.18applicant's name, address, and date of birth; and (2) except when a voter has a religious
3.19objection to being photographed, must require the voter to provide photo identification, as
3.20described in subdivision 2.
3.21(c) After the applicant signs the roster, the judge shall give the applicant a voter's
3.22receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
3.23of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
3.24voters' receipts must be maintained during the time for notice of filing an election contest.
3.25 Subd. 2. Photo identification. (a) To satisfy the photo identification requirement in
3.26subdivision 1, a voter must present one of the following:
3.27(1) a valid Minnesota driver's license or identification card, issued by the Department
3.28of Public Safety;
3.29(2) a valid United States passport;
3.30(3) a valid Minnesota voter identification card issued under section 201.017;
3.31(4) any other valid identification card issued by a branch, department, agency,
3.32entity, or subdivision of the state of Minnesota, the federal government, or any accredited
3.33institution of higher education, provided that the identification card contains a photograph
3.34of the voter; or
3.35(5) a valid tribal identification card containing a photograph of the voter.
4.1(b) If a voter is unable to produce any of the items of identification listed in
4.2paragraph (a), the voter shall be allowed to vote a provisional ballot upon swearing
4.3or affirming that the voter is the person identified on the polling place roster. Falsely
4.4swearing or affirming the oath shall be punishable as a felony. A provisional ballot may be
4.5cast in the manner provided in section 204C.135.
4.6 Sec. 3. [204C.135] PROVISIONAL BALLOTS.
4.7 Subdivision 1. Casting of provisional ballots. (a) A voter who appears at a polling
4.8place for the purpose of casting a ballot in a primary or general election but is unable
4.9to provide proper photo identification as required by section 204C.10 is entitled, upon
4.10swearing or affirming the voter's identity, to cast a provisional ballot as provided by this
4.11section.
4.12(b) A voter seeking to vote a provisional ballot must complete a provisional ballot
4.13voting certificate. The certificate must include information about the place, manner, and
4.14approximate date on which the voter previously registered to vote. The voter must also
4.15swear or affirm in writing that the voter previously registered to vote, is eligible to vote,
4.16has not voted previously in that election, and meets the criteria for registering to vote in
4.17Minnesota. The form of the provisional ballot voting certificate shall be prescribed by
4.18the secretary of state.
4.19(c) Once the voter has completed the provisional ballot voting certificate as required
4.20by this subdivision, the voter must be allowed to cast a provisional ballot. The provisional
4.21ballot must be the same as that utilized by the county or municipality for mail-in absentee
4.22ballots. A completed provisional ballot shall be sealed in the manner required for absentee
4.23ballots pursuant to section 203B.07, and deposited by the voter in a secure, sealed ballot
4.24box.
4.25 Subd. 2. Counting provisional ballots. (a) The head election judge in a precinct
4.26where a provisional vote was cast must notify the county auditor or municipal clerk of
4.27the number of provisional ballots cast as soon as practicable following the closing of the
4.28polls. Provisional ballots and related documentation shall be delivered to and securely
4.29maintained by the county auditor or municipal clerk.
4.30(b) A voter who, because of an inability to produce photo identification on election
4.31day, cast a provisional ballot in the polling place may personally appear before the county
4.32auditor or municipal clerk no later than five business days following the election to
4.33determine whether the provisional ballot will be counted. The county auditor or municipal
4.34clerk must count a provisional ballot in the final certified results from the precinct if the
4.35voter either: (1) presents a form of photo identification permissible under section 204C.10,
5.1subdivision 2, or the documentation necessary to secure a Minnesota voter identification
5.2card under section 201.017, subdivision 3; or (2) executes an affidavit before the county
5.3auditor or municipal clerk, in a form prescribed by the secretary of state, affirming under
5.4penalty of perjury that the voter is the same person who appeared in the polling place on
5.5election day and cast a provisional ballot and is unable to obtain a sufficient form of photo
5.6identification without the payment of a fee and was not able to secure a Minnesota voter
5.7identification card prior to election day.
5.8(c) If a voter does not appear before the county auditor or municipal clerk within five
5.9business days following the election, or otherwise does not satisfy the requirements of
5.10paragraph (b), the voter's provisional ballot must not be counted.
5.11(d) The county auditor or municipal clerk must notify, in writing, any voter who
5.12does not appear within five business days of the election that their provisional ballot
5.13was not cast because of the voter's failure to provide photo identification at the polling
5.14place and the voter's failure to appear within five business days following the election to
5.15determine whether the provisional ballot should be counted.
1.3receiving a ballot; providing for the issuance of voter identification cards at no
1.4charge; establishing a procedure for provisional balloting;amending Minnesota
1.5Statutes 2010, section 204C.10; proposing coding for new law in Minnesota
1.6Statutes, chapters 201; 204C.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [201.017] VOTER IDENTIFICATION CARDS.
1.9 Subdivision 1. Access; eligibility. The county auditor must provide at least one
1.10location in the county at which it will accept applications for and issue voter identification
1.11cards to registered Minnesota voters. A voter identification card is valid only for purposes
1.12of voter identification under section 204C.10, and is available only to registered Minnesota
1.13voters. No fee may be charged or collected for the application for or issuance of a voter
1.14identification card. A voter is not eligible for a voter identification card if the voter has a
1.15Minnesota driver's license or identification card issued by the Department of Public Safety
1.16that is currently valid and will not expire prior to election day.
1.17 Subd. 2. Validity. A voter identification card is valid as long as the voter resides at
1.18the address indicated on the card and remains qualified to vote. A voter who moves to
1.19a different residence within the state must surrender the card to the appropriate county
1.20auditor of the new residence. After surrender of an invalid card, a voter may apply for and
1.21receive a new card if the voter is otherwise eligible. A person who moves to a residence
1.22outside the state of Minnesota or who ceases to be qualified to vote must surrender the
1.23voter identification card to the county auditor from which it was issued.
2.1 Subd. 3. Documentation required of applicant. (a) An applicant for a voter
2.2identification card must submit the following before the county auditor may issue an
2.3identification card:
2.4(1) proof of the applicant's current registration to vote in the state of Minnesota;
2.5(2) documentation approved by the secretary of state sufficient to prove residence in
2.6Minnesota for purposes of election day voter registration; and
2.7(3) official documentation that contains the applicant's name, current address of
2.8residence, and date of birth.
2.9The secretary of state may adopt rules to further describe and define the types of
2.10documentation sufficient to meet the requirements of this subdivision.
2.11(b) The application for a voter identification card shall elicit the information
2.12required to be printed under subdivision 4. The application must be signed and sworn to
2.13by the applicant. An applicant who knowingly submits an application containing false
2.14information is guilty of a felony.
2.15(c) Data contained in an application for a voter identification card is private data, as
2.16defined in section 13.02, subdivision 12.
2.17 Subd. 4. Format of card. The voter identification card shall be captioned
2.18"MINNESOTA VOTER IDENTIFICATION CARD," and contain a prominent statement
2.19that under Minnesota law, the card is valid only as identification for voting purposes. The
2.20voter identification card must be laminated, contain a digital color photograph of the voter,
2.21and include the following information about the voter:
2.22(1) full legal name;
2.23(2) address of residence;
2.24(3) birth date;
2.25(4) date identification card was issued;
2.26(5) sex;
2.27(6) height;
2.28(7) weight;
2.29(8) eye color;
2.30(9) county where identification card was issued; and
2.31(10) any other information prescribed by the secretary of state.
2.32 Subd. 5. Duties of secretary of state. The secretary of state shall provide each
2.33county auditor with the necessary equipment, forms, supplies, and training for the
2.34production of the Minnesota voter identification cards and is responsible for maintaining
2.35the equipment.
3.1The secretary of state may adopt any rules necessary to facilitate administration
3.2of this section.
3.3 Sec. 2. Minnesota Statutes 2010, section 204C.10, is amended to read:
3.4204C.10 PERMANENT REGISTRATION; VERIFICATION OF
3.5REGISTRATION.
3.6 Subdivision 1. Polling place roster. (a) An individual seeking to vote shall sign a
3.7polling place roster which states that the individual is at least 18 years of age, a citizen
3.8of the United States, has resided in Minnesota for 20 days immediately preceding the
3.9election, maintains residence at the address shown, is not under a guardianship in which
3.10the court order revokes the individual's right to vote, has not been found by a court of
3.11law to be legally incompetent to vote or has the right to vote because, if the individual
3.12was convicted of a felony, the felony sentence has expired or been completed or the
3.13individual has been discharged from the sentence, is registered and has not already voted
3.14in the election. The roster must also state: "I understand that deliberately providing false
3.15information is a felony punishable by not more than five years imprisonment and a fine of
3.16not more than $10,000, or both."
3.17(b)
3.18applicant's name, address, and date of birth; and (2) except when a voter has a religious
3.19objection to being photographed, must require the voter to provide photo identification, as
3.20described in subdivision 2.
3.21(c) After the applicant signs the roster, the judge shall give the applicant a voter's
3.22receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
3.23of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
3.24voters' receipts must be maintained during the time for notice of filing an election contest.
3.25 Subd. 2. Photo identification. (a) To satisfy the photo identification requirement in
3.26subdivision 1, a voter must present one of the following:
3.27(1) a valid Minnesota driver's license or identification card, issued by the Department
3.28of Public Safety;
3.29(2) a valid United States passport;
3.30(3) a valid Minnesota voter identification card issued under section 201.017;
3.31(4) any other valid identification card issued by a branch, department, agency,
3.32entity, or subdivision of the state of Minnesota, the federal government, or any accredited
3.33institution of higher education, provided that the identification card contains a photograph
3.34of the voter; or
3.35(5) a valid tribal identification card containing a photograph of the voter.
4.1(b) If a voter is unable to produce any of the items of identification listed in
4.2paragraph (a), the voter shall be allowed to vote a provisional ballot upon swearing
4.3or affirming that the voter is the person identified on the polling place roster. Falsely
4.4swearing or affirming the oath shall be punishable as a felony. A provisional ballot may be
4.5cast in the manner provided in section 204C.135.
4.6 Sec. 3. [204C.135] PROVISIONAL BALLOTS.
4.7 Subdivision 1. Casting of provisional ballots. (a) A voter who appears at a polling
4.8place for the purpose of casting a ballot in a primary or general election but is unable
4.9to provide proper photo identification as required by section 204C.10 is entitled, upon
4.10swearing or affirming the voter's identity, to cast a provisional ballot as provided by this
4.11section.
4.12(b) A voter seeking to vote a provisional ballot must complete a provisional ballot
4.13voting certificate. The certificate must include information about the place, manner, and
4.14approximate date on which the voter previously registered to vote. The voter must also
4.15swear or affirm in writing that the voter previously registered to vote, is eligible to vote,
4.16has not voted previously in that election, and meets the criteria for registering to vote in
4.17Minnesota. The form of the provisional ballot voting certificate shall be prescribed by
4.18the secretary of state.
4.19(c) Once the voter has completed the provisional ballot voting certificate as required
4.20by this subdivision, the voter must be allowed to cast a provisional ballot. The provisional
4.21ballot must be the same as that utilized by the county or municipality for mail-in absentee
4.22ballots. A completed provisional ballot shall be sealed in the manner required for absentee
4.23ballots pursuant to section 203B.07, and deposited by the voter in a secure, sealed ballot
4.24box.
4.25 Subd. 2. Counting provisional ballots. (a) The head election judge in a precinct
4.26where a provisional vote was cast must notify the county auditor or municipal clerk of
4.27the number of provisional ballots cast as soon as practicable following the closing of the
4.28polls. Provisional ballots and related documentation shall be delivered to and securely
4.29maintained by the county auditor or municipal clerk.
4.30(b) A voter who, because of an inability to produce photo identification on election
4.31day, cast a provisional ballot in the polling place may personally appear before the county
4.32auditor or municipal clerk no later than five business days following the election to
4.33determine whether the provisional ballot will be counted. The county auditor or municipal
4.34clerk must count a provisional ballot in the final certified results from the precinct if the
4.35voter either: (1) presents a form of photo identification permissible under section 204C.10,
5.1subdivision 2, or the documentation necessary to secure a Minnesota voter identification
5.2card under section 201.017, subdivision 3; or (2) executes an affidavit before the county
5.3auditor or municipal clerk, in a form prescribed by the secretary of state, affirming under
5.4penalty of perjury that the voter is the same person who appeared in the polling place on
5.5election day and cast a provisional ballot and is unable to obtain a sufficient form of photo
5.6identification without the payment of a fee and was not able to secure a Minnesota voter
5.7identification card prior to election day.
5.8(c) If a voter does not appear before the county auditor or municipal clerk within five
5.9business days following the election, or otherwise does not satisfy the requirements of
5.10paragraph (b), the voter's provisional ballot must not be counted.
5.11(d) The county auditor or municipal clerk must notify, in writing, any voter who
5.12does not appear within five business days of the election that their provisional ballot
5.13was not cast because of the voter's failure to provide photo identification at the polling
5.14place and the voter's failure to appear within five business days following the election to
5.15determine whether the provisional ballot should be counted.
