Bill Text: MN SF71 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Convicted felons civil rights and voting eligibility restoration
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-04-15 - Author stricken Peterson, B. [SF71 Detail]
Download: Minnesota-2013-SF71-Introduced.html
1.2relating to elections; restoring the civil rights of an individual upon release
1.3from incarceration; requiring notice;amending Minnesota Statutes 2012,
1.4sections 201.014, subdivision 2, by adding a subdivision; 201.091, by adding a
1.5subdivision; 201.155; 203B.02, subdivision 1; 204C.08, subdivision 1d; 609.165,
1.6subdivision 1; proposing coding for new law in Minnesota Statutes, chapters
1.7243; 630; 631.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 201.014, subdivision 2, is amended to read:
1.10 Subd. 2. Not eligible. The following individuals are not eligible to vote. Any
1.11individual:
1.12(a) an individual convicted of treason or any felony whose civil rights have not
1.13been restored;
1.14(b) an individual under a guardianship in which the court order revokes the ward's
1.15right to vote; or
1.16(c) an individual found by a court of law to be legally incompetent.
1.17 Sec. 2. Minnesota Statutes 2012, section 201.014, is amended by adding a subdivision
1.18to read:
1.19 Subd. 2a. Felony conviction; restoration of civil rights. For purposes of this
1.20section, an individual convicted of a felony is restored to civil rights at the time either of
1.21the following events occur:
1.22(1) the individual is discharged from a correctional facility; or
1.23(2) the individual is placed on probation, parole, conditional release, or supervised
1.24release.
2.1 Sec. 3. Minnesota Statutes 2012, section 201.091, is amended by adding a subdivision
2.2to read:
2.3 Subd. 8a. Correctional facilities. The chief executive officer of each correctional
2.4facility licensed under chapter 241 shall designate an official within the facility to answer
2.5questions about and accept voter registration applications from inmates who have been
2.6restored to civil rights according to the provisions of section 201.014, subdivision 2a.
2.7The official must maintain an adequate supply of voter registration applications and
2.8informational materials for this purpose. Upon receipt, the designated official shall
2.9immediately transmit a completed voter registration application to the secretary of state.
2.10 Sec. 4. Minnesota Statutes 2012, section 201.155, is amended to read:
2.11201.155 REPORT ON FELONY CONVICTIONS.
2.12Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state
2.13court administrator shall report regularly by electronic means to the secretary of state
2.14the name, address, date of birth, and, if available, driver's license or state identification
2.15card number, date of sentence, effective date of the sentence, and county in which the
2.16conviction occurred of each person who has been convicted of a felony and sentenced to a
2.17period of incarceration. The state court administrator shall also report the name, address,
2.18and date of birth of each person previously convicted of a felony whose civil rights have
2.19been restored. The secretary of state shall determine if any of the persons in the report is
2.20registered to vote and shall prepare a list of those registrants for each county auditor. The
2.21county auditor shall change the status of those registrants in the appropriate manner in
2.22the statewide registration system.
2.23 Sec. 5. Minnesota Statutes 2012, section 203B.02, subdivision 1, is amended to read:
2.24 Subdivision 1. Unable to go to polling place. (a) Any eligible voter who reasonably
2.25expects to be unable to go to the polling place on election day in the precinct where the
2.26individual maintains residence because of absence from the precinct; illness, including
2.27isolation or quarantine under sections144.419 to
144.4196 or United States Code, title
2.2842, sections 264 to 272; disability; religious discipline; observance of a religious holiday;
2.29detention in a correctional facility, so long as the voter maintains the right to vote; or
2.30service as an election judge in another precinct may vote by absentee ballot as provided
2.31in sections203B.04 to
203B.15 .
2.32(b) If the governor has declared an emergency and filed the declaration with the
2.33secretary of state under section12.31 , and the declaration states that the emergency has
2.34made it difficult for voters to go to the polling place on election day, any voter in a
3.1precinct covered by the declaration may vote by absentee ballot as provided in sections
3.2203B.04
to
203B.15 .
3.3 Sec. 6. Minnesota Statutes 2012, section 204C.08, subdivision 1d, is amended to read:
3.4 Subd. 1d. Voter's Bill of Rights. The county auditor shall prepare and provide to
3.5each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set
3.6forth in this section. Before the hours of voting are scheduled to begin, the election judges
3.7shall post it in a conspicuous location or locations in the polling place. The Voter's Bill
3.8of Rights is as follows:
3.10For all persons residing in this state who meet federal voting eligibility requirements:
3.11(1) You have the right to be absent from work for the purpose of voting without
3.12reduction to your pay, personal leave, or vacation time on election day for the time
3.13necessary to appear at your polling place, cast a ballot, and return to work.
3.14(2) If you are in line at your polling place any time before 8:00 p.m., you have the
3.15right to vote.
3.16(3) If you can provide the required proof of residence, you have the right to register
3.17to vote and to vote on election day.
3.18(4) If you are unable to sign your name, you have the right to orally confirm your
3.19identity with an election judge and to direct another person to sign your name for you.
3.20(5) You have the right to request special assistance when voting.
3.21(6) If you need assistance, you may be accompanied into the voting booth by a
3.22person of your choice, except by an agent of your employer or union or a candidate.
3.23(7) You have the right to bring your minor children into the polling place and into
3.24the voting booth with you.
3.25(8)If you have been convicted of a felony but your felony sentence has expired
3.26(been completed) or you have been discharged from your sentence, you have the right to
3.27vote You have the right to vote even if you have been convicted of a felony as long as you
3.28are not incarcerated in a correctional facility on election day.
3.29(9) If you are under a guardianship, you have the right to vote, unless the court
3.30order revokes your right to vote.
3.31(10) You have the right to vote without anyone in the polling place trying to
3.32influence your vote.
3.33(11) If you make a mistake or spoil your ballot before it is submitted, you have the
3.34right to receive a replacement ballot and vote.
4.1(12) You have the right to file a written complaint at your polling place if you are
4.2dissatisfied with the way an election is being run.
4.3(13) You have the right to take a sample ballot into the voting booth with you.
4.4(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
4.5booth with you."
4.6 Sec. 7. [243.205] DISCHARGE; NOTICE OF RESTORATION OF RIGHT TO
4.7VOTE.
4.8 Subdivision 1. Notice requirement. (a) A notice of restoration of civil rights must
4.9be provided as follows:
4.10(1) the chief executive officer of a correctional facility licensed under chapter 241
4.11must provide the notice required by this section when, following a period of incarceration
4.12for a felony offense, an inmate is discharged from the correctional facility and is no longer
4.13under the custody of the commissioner of corrections; and
4.14(2) a probation or parole officer must provide the notice required by this section when
4.15an individual is placed on probation, parole, conditional release, or supervised release.
4.16(b) The notice statement and a voter registration application must be provided at
4.17the time of an inmate's discharge from a correctional facility or, if an individual is not
4.18sentenced to a period of incarceration, at the time the individual is placed on parole,
4.19probation, conditional release, or supervised release.
4.20 Subd. 2. Form of notice. The notice required by subdivision 1 must appear
4.21substantially as follows:
4.22"NOTICE OF RESTORATION OF CIVIL RIGHTS, INCLUDING
4.23YOUR RIGHT TO VOTE.
4.24Your [final discharge or placement on release/probation/parole] today means that
4.25your civil rights have been automatically restored. This includes a restoration of your right
4.26to vote in Minnesota. Before you can vote on election day, you still need to register to
4.27vote. To register, complete the attached voter registration application and return it to [name
4.28of designated official in correctional facility required by section 201.091, subdivision 8a,
4.29or name of probation or parole officer] before you leave today, or you can fill it out later
4.30and return it to the Office of the Minnesota Secretary of State. You can also register to
4.31vote in your polling place on election day. You will not be permitted to cast a ballot until
4.32you register to vote. The first time you appear at your polling place to cast a ballot, you
4.33will be required to provide proof of your current residence."
4.34 Subd. 3. Failure to provide notice. A failure to provide proper notice and a voter
4.35registration application as required by this section does not prevent the restoration of an
5.1inmate's civil rights upon discharge or release as provided in section 201.014, subdivision
5.22a.
5.3 Sec. 8. Minnesota Statutes 2012, section 609.165, subdivision 1, is amended to read:
5.4 Subdivision 1. Restoration. When a person has been deprived of civil rights
5.5by reason of conviction of a crime and is thereafter discharged, such discharge shall
5.6restore the person to all civil rights and to full citizenship, with full right to vote and hold
5.7office, the same as if such conviction had not taken place, and the order of discharge
5.8shall so provide. The order of discharge shall contain the notice of restoration statement
5.9as required by section 243.205.
5.10 Sec. 9. [630.125] DEFENDANT; NOTICE OF LOSS OF CIVIL RIGHTS UPON
5.11CONVICTION.
5.12At the time of arraignment, prior to the court's acceptance of a plea from the
5.13defendant, the court must notify the defendant that a guilty plea or conviction following
5.14trial will result in a loss of the defendant's civil rights, including the right to vote, only if
5.15and for as long as the person is incarcerated in a correctional facility.
5.16 Sec. 10. [631.405] NOTICE OF LOSS OF CIVIL RIGHTS.
5.17Prior to imposition of a sentence upon conviction of a felony, the court shall notify
5.18the defendant that the sentence will result in a loss of the defendant's civil rights, including
5.19the right to vote, for as long as the defendant is incarcerated in a correctional facility. The
5.20court must also notify the defendant that the defendant's civil rights will be automatically
5.21restored upon discharge from the correctional facility, or placement on parole, probation,
5.22supervised release, or conditional release from the facility.
5.23 Sec. 11. DUTIES OF SECRETARY OF STATE.
5.24(a) The secretary of state shall develop and implement a program to educate
5.25attorneys, judges, election officials, correction officials, parole and probation officers, and
5.26members of the public about the requirements of this act. The program must ensure that:
5.27(1) judges are informed of their obligation to notify criminal defendants of the
5.28potential loss and restoration of their voting rights;
5.29(2) the Department of Corrections and officials within each correctional facility
5.30are prepared to assist an inmate who is restored to civil rights in completing a voter
5.31registration application, providing additional informational materials as necessary, and
5.32transmitting a completed application to the secretary of state;
6.1(3) probation and parole officers are informed of the changes in the law and are
6.2prepared to notify persons under conditional release, supervised release, probation, or
6.3parole supervision of their voting rights; and
6.4(4) accurate and complete information about the voting rights of people who have
6.5been charged with or convicted of a crime is made available, in a single publication, to
6.6government officials and members of the public.
6.7(b) The secretary of state shall modify the voter registration application as necessary
6.8to make clear that individuals lose their eligibility to vote only while they are serving a
6.9felony sentence in a correctional facility.
6.10(c) The secretary of state may adopt rules as necessary to implement the requirements
6.11of this act.
6.12 Sec. 12. EFFECTIVE DATE.
6.13Sections 1 to 11 are effective August 1, 2013, and apply to all persons discharged
6.14from a correctional facility and to all persons placed or currently on parole, probation,
6.15conditional release, or supervised release on or after that date.
1.3from incarceration; requiring notice;amending Minnesota Statutes 2012,
1.4sections 201.014, subdivision 2, by adding a subdivision; 201.091, by adding a
1.5subdivision; 201.155; 203B.02, subdivision 1; 204C.08, subdivision 1d; 609.165,
1.6subdivision 1; proposing coding for new law in Minnesota Statutes, chapters
1.7243; 630; 631.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 201.014, subdivision 2, is amended to read:
1.10 Subd. 2. Not eligible. The following individuals are not eligible to vote
1.11
1.12(a) an individual convicted of treason or any felony whose civil rights have not
1.13been restored;
1.14(b) an individual under a guardianship in which the court order revokes the ward's
1.15right to vote; or
1.16(c) an individual found by a court of law to be legally incompetent.
1.17 Sec. 2. Minnesota Statutes 2012, section 201.014, is amended by adding a subdivision
1.18to read:
1.19 Subd. 2a. Felony conviction; restoration of civil rights. For purposes of this
1.20section, an individual convicted of a felony is restored to civil rights at the time either of
1.21the following events occur:
1.22(1) the individual is discharged from a correctional facility; or
1.23(2) the individual is placed on probation, parole, conditional release, or supervised
1.24release.
2.1 Sec. 3. Minnesota Statutes 2012, section 201.091, is amended by adding a subdivision
2.2to read:
2.3 Subd. 8a. Correctional facilities. The chief executive officer of each correctional
2.4facility licensed under chapter 241 shall designate an official within the facility to answer
2.5questions about and accept voter registration applications from inmates who have been
2.6restored to civil rights according to the provisions of section 201.014, subdivision 2a.
2.7The official must maintain an adequate supply of voter registration applications and
2.8informational materials for this purpose. Upon receipt, the designated official shall
2.9immediately transmit a completed voter registration application to the secretary of state.
2.10 Sec. 4. Minnesota Statutes 2012, section 201.155, is amended to read:
2.11201.155 REPORT ON FELONY CONVICTIONS.
2.12Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state
2.13court administrator shall report regularly by electronic means to the secretary of state
2.14the name, address, date of birth, and, if available, driver's license or state identification
2.15card number, date of sentence, effective date of the sentence, and county in which the
2.16conviction occurred of each person who has been convicted of a felony and sentenced to a
2.17period of incarceration. The state court administrator shall also report the name, address,
2.18and date of birth of each person previously convicted of a felony whose civil rights have
2.19been restored. The secretary of state shall determine if any of the persons in the report is
2.20registered to vote and shall prepare a list of those registrants for each county auditor. The
2.21county auditor shall change the status of those registrants in the appropriate manner in
2.22the statewide registration system.
2.23 Sec. 5. Minnesota Statutes 2012, section 203B.02, subdivision 1, is amended to read:
2.24 Subdivision 1. Unable to go to polling place. (a) Any eligible voter who reasonably
2.25expects to be unable to go to the polling place on election day in the precinct where the
2.26individual maintains residence because of absence from the precinct; illness, including
2.27isolation or quarantine under sections
2.2842, sections 264 to 272; disability; religious discipline; observance of a religious holiday;
2.29detention in a correctional facility, so long as the voter maintains the right to vote; or
2.30service as an election judge in another precinct may vote by absentee ballot as provided
2.31in sections
2.32(b) If the governor has declared an emergency and filed the declaration with the
2.33secretary of state under section
2.34made it difficult for voters to go to the polling place on election day, any voter in a
3.1precinct covered by the declaration may vote by absentee ballot as provided in sections
3.3 Sec. 6. Minnesota Statutes 2012, section 204C.08, subdivision 1d, is amended to read:
3.4 Subd. 1d. Voter's Bill of Rights. The county auditor shall prepare and provide to
3.5each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set
3.6forth in this section. Before the hours of voting are scheduled to begin, the election judges
3.7shall post it in a conspicuous location or locations in the polling place. The Voter's Bill
3.8of Rights is as follows:
3.10For all persons residing in this state who meet federal voting eligibility requirements:
3.11(1) You have the right to be absent from work for the purpose of voting without
3.12reduction to your pay, personal leave, or vacation time on election day for the time
3.13necessary to appear at your polling place, cast a ballot, and return to work.
3.14(2) If you are in line at your polling place any time before 8:00 p.m., you have the
3.15right to vote.
3.16(3) If you can provide the required proof of residence, you have the right to register
3.17to vote and to vote on election day.
3.18(4) If you are unable to sign your name, you have the right to orally confirm your
3.19identity with an election judge and to direct another person to sign your name for you.
3.20(5) You have the right to request special assistance when voting.
3.21(6) If you need assistance, you may be accompanied into the voting booth by a
3.22person of your choice, except by an agent of your employer or union or a candidate.
3.23(7) You have the right to bring your minor children into the polling place and into
3.24the voting booth with you.
3.25(8)
3.26
3.27
3.28are not incarcerated in a correctional facility on election day.
3.29(9) If you are under a guardianship, you have the right to vote, unless the court
3.30order revokes your right to vote.
3.31(10) You have the right to vote without anyone in the polling place trying to
3.32influence your vote.
3.33(11) If you make a mistake or spoil your ballot before it is submitted, you have the
3.34right to receive a replacement ballot and vote.
4.1(12) You have the right to file a written complaint at your polling place if you are
4.2dissatisfied with the way an election is being run.
4.3(13) You have the right to take a sample ballot into the voting booth with you.
4.4(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
4.5booth with you."
4.6 Sec. 7. [243.205] DISCHARGE; NOTICE OF RESTORATION OF RIGHT TO
4.7VOTE.
4.8 Subdivision 1. Notice requirement. (a) A notice of restoration of civil rights must
4.9be provided as follows:
4.10(1) the chief executive officer of a correctional facility licensed under chapter 241
4.11must provide the notice required by this section when, following a period of incarceration
4.12for a felony offense, an inmate is discharged from the correctional facility and is no longer
4.13under the custody of the commissioner of corrections; and
4.14(2) a probation or parole officer must provide the notice required by this section when
4.15an individual is placed on probation, parole, conditional release, or supervised release.
4.16(b) The notice statement and a voter registration application must be provided at
4.17the time of an inmate's discharge from a correctional facility or, if an individual is not
4.18sentenced to a period of incarceration, at the time the individual is placed on parole,
4.19probation, conditional release, or supervised release.
4.20 Subd. 2. Form of notice. The notice required by subdivision 1 must appear
4.21substantially as follows:
4.22"NOTICE OF RESTORATION OF CIVIL RIGHTS, INCLUDING
4.23YOUR RIGHT TO VOTE.
4.24Your [final discharge or placement on release/probation/parole] today means that
4.25your civil rights have been automatically restored. This includes a restoration of your right
4.26to vote in Minnesota. Before you can vote on election day, you still need to register to
4.27vote. To register, complete the attached voter registration application and return it to [name
4.28of designated official in correctional facility required by section 201.091, subdivision 8a,
4.29or name of probation or parole officer] before you leave today, or you can fill it out later
4.30and return it to the Office of the Minnesota Secretary of State. You can also register to
4.31vote in your polling place on election day. You will not be permitted to cast a ballot until
4.32you register to vote. The first time you appear at your polling place to cast a ballot, you
4.33will be required to provide proof of your current residence."
4.34 Subd. 3. Failure to provide notice. A failure to provide proper notice and a voter
4.35registration application as required by this section does not prevent the restoration of an
5.1inmate's civil rights upon discharge or release as provided in section 201.014, subdivision
5.22a.
5.3 Sec. 8. Minnesota Statutes 2012, section 609.165, subdivision 1, is amended to read:
5.4 Subdivision 1. Restoration. When a person has been deprived of civil rights
5.5by reason of conviction of a crime and is thereafter discharged, such discharge shall
5.6restore the person to all civil rights and to full citizenship, with full right to vote and hold
5.7office, the same as if such conviction had not taken place, and the order of discharge
5.8shall so provide. The order of discharge shall contain the notice of restoration statement
5.9as required by section 243.205.
5.10 Sec. 9. [630.125] DEFENDANT; NOTICE OF LOSS OF CIVIL RIGHTS UPON
5.11CONVICTION.
5.12At the time of arraignment, prior to the court's acceptance of a plea from the
5.13defendant, the court must notify the defendant that a guilty plea or conviction following
5.14trial will result in a loss of the defendant's civil rights, including the right to vote, only if
5.15and for as long as the person is incarcerated in a correctional facility.
5.16 Sec. 10. [631.405] NOTICE OF LOSS OF CIVIL RIGHTS.
5.17Prior to imposition of a sentence upon conviction of a felony, the court shall notify
5.18the defendant that the sentence will result in a loss of the defendant's civil rights, including
5.19the right to vote, for as long as the defendant is incarcerated in a correctional facility. The
5.20court must also notify the defendant that the defendant's civil rights will be automatically
5.21restored upon discharge from the correctional facility, or placement on parole, probation,
5.22supervised release, or conditional release from the facility.
5.23 Sec. 11. DUTIES OF SECRETARY OF STATE.
5.24(a) The secretary of state shall develop and implement a program to educate
5.25attorneys, judges, election officials, correction officials, parole and probation officers, and
5.26members of the public about the requirements of this act. The program must ensure that:
5.27(1) judges are informed of their obligation to notify criminal defendants of the
5.28potential loss and restoration of their voting rights;
5.29(2) the Department of Corrections and officials within each correctional facility
5.30are prepared to assist an inmate who is restored to civil rights in completing a voter
5.31registration application, providing additional informational materials as necessary, and
5.32transmitting a completed application to the secretary of state;
6.1(3) probation and parole officers are informed of the changes in the law and are
6.2prepared to notify persons under conditional release, supervised release, probation, or
6.3parole supervision of their voting rights; and
6.4(4) accurate and complete information about the voting rights of people who have
6.5been charged with or convicted of a crime is made available, in a single publication, to
6.6government officials and members of the public.
6.7(b) The secretary of state shall modify the voter registration application as necessary
6.8to make clear that individuals lose their eligibility to vote only while they are serving a
6.9felony sentence in a correctional facility.
6.10(c) The secretary of state may adopt rules as necessary to implement the requirements
6.11of this act.
6.12 Sec. 12. EFFECTIVE DATE.
6.13Sections 1 to 11 are effective August 1, 2013, and apply to all persons discharged
6.14from a correctional facility and to all persons placed or currently on parole, probation,
6.15conditional release, or supervised release on or after that date.
