Capitol Letter for February 17, 2023

The Capitol Letter™ is a recurring publication that provides reports from LWV Minnesota volunteer Observer Corps and Lobby Corps members on what is happening in the current legislative session.


Lobbying by LWVMN


Observer Reports

House Environment and Natural Resources Finance and Policy Committee - Wednesday, February 8

LWVMN Observer Corps Member Melanie Willett

  • HF24, Replacing lead drinking water service lines and ensuring safe drinking water. Rep. Sydney Jordan’s bill addresses equity issues in lower income communities and has bipartisan support. However, the main concern for most was the difficulty in having both privately and publicly owned service lines. A question from a Republican was if there was funding for wells on private property (no) and another legislator mentioned that there are 12 holdouts in Saint Peter not changing lines because there was going to be federal involvement. Others questioned the disposal methods of the lead (some recyclers used it to make new batteries), if there is money for public education (yes- postcards will be sent to homeowners), and, if all 20M is not used for lead line mapping, can it be used elsewhere in the project (yes). The bill was re-referred to the Capital Investment Committee without opposition.

House Transportation Finance and Policy - Tuesday, February 14

LWVMN Observer Corps Member Paul Huffman

  • This hearing was for HF3, Democracy for the People Act, specifically on Automatic Voter Registration (AVR) which utilizes, in part, Driver's Licenses. The discussion focused on concerns for ensuring only citizens could vote (Rep Olson (DFL) and Rep. Petersburg (R)). Those opposed to the bill questioned why this was not an opt-in process (which currently exists) rather than opt-out (which is proposed in the bill); raised concerns for maintaining privacy and avoiding unwanted political mail flyers; and suggested that this would be an onerous government requirement and intrusion into personal lives. The most common challenge and suggestion was to require proof of citizenship as part of registration or to require that AVR only apply if the individual were getting or renewing an Enhanced or RealID license. Currently, any driver's license can be used for Election Day Registration and paper voter registration. Voters must then sign an affidavit that they were eligible to register. The good thing about AVR is it provides an opportunity to verify voter eligibility before the election rather than after the election. The final vote was 9-5 in favor of passing the bill to the Public Safety Finance and Policy committee. See Paul’s testimony at 1:10:30! 

Senate Health and Human Services - Tuesday, February 14

LWVMN Observer Corps Member Pamela Anne Mercier

  • This was a hearing for SF3 (Companion above) in its 3rd Committee stop starting with Elections. This was a continuation of the Transportation Committee on Section 8 of Article 1. Article 1 proposes changes to voter registration in Minnesota, including a provision to add Automatic Voter Registration. In addition to Driver's License applications, this applies to eligible voters who apply for services through state or federally funded agencies and programs such as Medical Assistance or a Minnesota state health insurance plan called MNsure. Certain subdivisions of section 8 also propose that the registration process could also begin when citizens apply for services through other government agencies as yet unnamed. This information would be sent to the Office of the Secretary of State (OSS) where it would be reviewed. If the applicant meets the requirements for voter registration as indicated in their application, the OSS would register that voter. No new information would be asked of applicants as part of this process. The bill’s author, Senator Boldon, began by proposing and discussing an amendment to the bill that clarifies certain statements. Senator Boldon also told the Committee that the designation, Automatic Voter Registration, in some ways misrepresents the process proposed in that while the information gathered at various agencies might be automatically sent to the OSS, no voter will be registered until that information is checked to assure that the applicant meets all the requirements for voter registration. After some discussion of the amendment a vote was taken and the amendment was adopted along party lines. Senator Boldon testified several times that the Amendment made no substantive changes to the intention of the bill. All three testifiers following applauded the bill's automatic voter registration provision as a way to make voting more accessible to all. One disabled voter claimed that her polling place is not easily accessible to her and hopes that many more disabled folks will benefit from AVR to reduce the burden on some people to register on election day. Recently, Secretary Simon also testified, to the same effect, that this new law would reduce the need for same day registration to the benefit of many eligible voters and election judges. Another testifier, a medical student at the U of M, professed his belief that many of his patients would have greater access to voter registration through this new law and that it would generally foster great civic engagement. Questions from Committee members directed to Senator Boldon: Senators Utke and Abeler, for example, wondered about the accuracy of the registration process, the identity of other agencies that might become involved in transmitting information to OSS, the right of applicants to decline to be registered, the number of unregistered eligible voters, and other concerns. Senator Boldon assured the Committee that the system would be accurate, that only qualified agencies would participate in the registering of eligible voters, that applicants would be able to opt-out of registering after the information and registration was processed through the State and Counties, and that she could get the number of eligible unregistered voters through liaisons with the Secretary of State's Office who are working on getting this data which is at least partially gathered from the Census data. At one point, Senator Abeler seemed to say that the Bill is not bipartisan, and that he would like more bipartisan bills. Senator Boldon assured Senator Abeler that she is open to discussion on any points in the bill with him. Senator Lieske said that the bill seems to be forcing people to register even if they do not want to. Boldon refuted Lieske's claim by reminding him that folks can opt-out of their registration. Senator Morrison then identified herself as a proud supporter of the bill especially since, in her view, it reduces voter suppression. To this remark, Senator Abeler backfired that there is no voter suppression in Minnesota. In my view, this back-and-forth was not disrespectful nor inappropriate. Finally, when there were no more questions or comments offered, Senator Wiklund called for a vote. SF3, as amended, passed along party lines and moves to the Judiciary and Public Safety Committee. How much of an impact this and the other voting changes proposed would have on the number of folks who actually vote, remains to be seen.

Senate Elections - Tuesday, February 14

LWVMN Observer Corps Member Paul Huffman

  • SF1507 Intimidation prohibition of election officials: Includes prohibition of threats and intimidation of election officials, including election judges; prohibition on electronic images of election equipment and election equipment hard drives; interfering with or hindering elections; or dissemination of personal information of an election official. Much discussion from Sen. Rest regarding whether this is or will be a problem in MN. She seemed skeptical that this is a problem and found there to be no information available to justify this bill. Most of the opposition focused on questions of the vagueness and application of wording (intimidation, vicarious liability); concern that most of what is in the bill is already covered in statute; and concern that the bill could suppress questions and concerns about elections.

  • SF1193, Use of Trainee election judges until 18: those under 18 and out of high school to still be trainee election judges; Sen Bahr (R) is co-author; Comments from Sen. Rest on wording and timeline; no apparent opposition as this is a technical change suggested by Bahr. This was laid over for inclusion in another bill (probably the election's technical change, SF1362).

House Commerce Finance and Policy Committee - Wednesday, February 15

LWVMN Observer Corps Member Rita Mills

  • HF1337 (Fischer) “Right to Repair” also referred to as “Digital Fair Repair Bill” & “Fair Repair Bill” – translated as giving consumers free-market access to necessary parts and manuals to repair, not to modify, an item whether it be a phone or piece of farm equipment. Compelling testimony with six individuals speaking for and six against the bill. Testimony in favor came from representatives of Eureka Recycling, a 4th generation farmer, one solid waste administrator, and three organizations (Repowered, Vibrant Technologies, MN Tech for Success) repurposing various technical equipment. Arguments in support of the bill included: allowing independent dealers to acquire parts, batteries, manuals, tools, embedded codes to repair, rebuild items in a timely manner, reducing e-waste, allowing companies to get necessary parts when equipment breaks down to continue production “rather than waiting two weeks for manufacturer to come out”. Repairing and refurbishing technical equipment can be used for teaching technical skills, providing equipment to schools, thus tackling the digital divide. From the farmer, “the bill would allow independent dealers to repair and not wait weeks for the manufacturer”, thus paving way for more independent dealers, acknowledging that their work would be to repair, not modify. Arguments opposing the bill included: a failure of current bill to protect copyright, digital locks within gaming consoles, dealing with “technical pirate attacks.” Unauthorized repairs could jeopardize privacy and personal information stored on devices. Life safety and an alarm business spoke of the need to have some products exempted from the bill. A rep from Polaris expressed concern with personal safety if repairs come from unauthorized dealers. A rep from Pioneer Farm Equipment stated that authorized dealers pay for manuals (basically the relationship with the manufacturer). Cummins’ rep expressed concern over liability issues resulting from unauthorized repairs on equipment (i.e., heavy construction) if malfunctioning could be potentially dangerous. Numerous questions were asked of Rep. Peter Fischer regarding the language of the bill. Role of the Attorney General, potential lawsuits, and enforcement provisions were discussed. Rep. Fischer expressed appreciation for language suggestions. The bill was passed as amended and sent to the Judiciary and Civil Law Committee. 

House Committee on Elections and Finance, Wednesday, February 15

LWVMN Observer Corps Member Paul Huffman

  • HF559: Allow trainee election judges to serve until age 18 after HS graduation; this was heard by the Senate elections committee this week; this is narrow with no opposition (Laid over for possible inclusion in another bill).

  • HF1370: Make it a crime for nonconsensual use of a deep fake images for sexual content or to influence elections; referred to Judiciary Finance and Civil Law committee; No real opposition; several suggestions to improve the bill

  • HF1186: Requirements provided related to mailings containing an absentee ballot application or sample ballot sent by or on behalf of a committee or other private organization. General Agreement that this is a good bill; laid over for possible inclusion in an omnibus; some concern re: impact on mailing of absentee ballots from elected representative to constituents and need to prescribe the language used to be consistent and reduce confusion.

  • HF1141: This is the Elections technical bill related to absentee ballot envelope terminology; to conform to actual practice (signature envelope and secrecy envelope); No discussion; passed unanimously to lay over for possible inclusion in omnibus.

Senate Elections - Thursday, February 16

LWVMN Observer Corps Member Amy Caucutt

  • SF1508 (Mitchell) was discussed and then laid over for possible omnibus inclusion. The issue appears to be the need to cover the cost of transitioning to office after an election. No state funds are spent until the first day of session, but staff is needed immediately after the election. The proposal is to use the leftover campaign money. I believe the bill pertains to the Constitutional officers (Governor, Attorney General, etc.), but the discussion pointed to this need for legislators.

  • SF1191 (Westlin) passed 7-5 on a party line vote to the Judiciary committee. Author said it is a "work in process” - the number of amendments and amendments to amendments was large. This is called the ‘Secretary of State's bill’, but Nicole Freeman from that office said it includes suggestions from many stakeholders in local governments as well as others. She mentioned that their office has not had a bill in some time. Some of the contents include: allowing county election workers to process, but not count, absentee votes starting 14 days before election, rather than 7 days (saves personnel costs); accepting absentee vote delivery until 8PM, not 2PM, on election day; changing some language such as "resides" to "maintains residence"; allowing voting at health care residences from 45 days rather than 20 days; letting metro jurisdictions under 400 use all mail in ballots as rural areas can now; allowing someone to help an unlimited number of voters at the polls (now only 3); and cutting off challenges at 45 days before an election (still allowing challenges at the polls).  Republican members offered amendments to delete parts but were unsuccessful. Cities and counties testified in support except that they worry about the cost of added time to help those living in health facilities to vote. I would guess that more changes will occur in the Judiciary Committee as the author noted at the beginning.

Minnesota House News

Week in Review: Feb 13-Feb 17

Related coverage


Thank you to our Lobby and Observer Corps members for their advocacy! Please learn more at our 2023 Legislative Session Webpage and email Sam with any questions or suggestions for the Capitol Letter.

Capitol LetterLWV MinnesotaHF3, SF3, HF24, SF1507, SF1193, SF1362, HF1337, HF559, HF1370, HF1186, HF1141, SF1508, SF1191