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S.F. No. 164 - Voter Registration Modifications--Convicted Felons (First Engrossment)
 
Author: Senator Bobby Joe Champion
 
Prepared By: Chris Turner, Senate Fiscal Analyst (651/296-4350)
Alexis C. Stangl, Senate Counsel (651/296-4397)
 
Date: February 22, 2013



 

            The bill modifies certain voter registration provisions and election administrative procedures for individuals who have been convicted of a felony.

Section 1 provides that the use and classification of felony offender data made available to the Secretary of State is governed by the specified election law provision.

Section 2 requires a county auditor who believes an individual applying to register to vote is ineligible to register based on records received from a public entity to notify that individual.  The auditor must give the reason why that person is ineligible to register and that the individual will not be registered unless he reaffirms his eligibility in writing.

Section 3 lowers the penalty for registration by ineligible voters from a felony to a misdemeanor if the individual does not actually vote.  If the individual registers and then casts a vote, the crime remains a felony.  Creates an affirmative defense against the misdemeanor crime if the person requests, in writing, that the auditor withdraw the registration, and if the individual has not voted since the registration application was submitted.

Section 4, subdivision 1 expands the provision in election law that requires the Commissioner of Corrections to provide electronic data to the Secretary of State on felons in prison to include persons on probation for felony offenses.  The data must include the offender’s last known residential address that is not a correctional facility.

Subdivision 2 requires the Commissioner of Corrections to provide the Secretary of State with a list of offenders on probation or supervised release.  The list must also include the names of offenders who were discharged from their sentence since the last election who have not reoffended.  Data on the offenders must include name, date of birth, last known residence that is not a correctional facility and, if available, the offender’s state corrections ID number, drivers license or state ID, whether the offender has been discharged and the date of discharge. The Secretary of State must notify the offenders on the list that either they are not eligible to vote or, if discharged, they are eligible to vote.

Subdivision 3  provides data submitted to the Secretary of State is private and may only be used or disseminated for the purposes of the bill.

Section 5 expands  current law requiring county attorneys, upon notification by affidavit,  to investigate alleged voter fraud to include all law enforcement agencies.  Strikes the mandatory prosecution by the county attorney under penalty of a misdemeanor charge and loss of office.  Instead, if a county attorney finds probable cause for a prosecution, the county attorney shall proceed in accordance with the second edition of the National Prosecution Standards published by the National District Attorneys Association.

Section 6 requires the Commissioner of Corrections to provide the Secretary of State a list of the addresses of all the correctional facilities in the state that house only felons.  Requires the Secretary of State to forward any application for an absentee ballot from an address on the list to the county attorney for investigation.  Requires the Department of Corrections to develop procedures whereby absentee ballots are not received or mailed from prison.  This section is effective June 15, 2013.

Section 7 provides that for purposes of proving voter fraud, the signature of an individual on a polling place roster is prima facie evidence of the intent to vote.

Section 8 provides that data from the statewide supervision system submitted to the Secretary of State are private and may be used only for the purposes of section 3 of the bill.

Section 9 requires written notice to all adult felons placed on probation that they can’t vote during the period they are under correctional supervision.  All felons must acknowledge, by signature, receipt of the notice.

Section 10 contains two blank appropriations for the Secretary of State and the Department of Corrections respectively for the purposes of the bill.

 
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