Title Minnesota Statutes, Minnesota Statutes

204C.04 EMPLOYEES; TIME OFF TO VOTE. § Subdivision 1.Right to be absent. Every employee who is eligible to vote in an election has the right to be absent from work for the time necessary to appear at the employee's polling place, cast a ballot, and return to work on the day of th…

204C.05 STATE ELECTIONS; HOURS FOR VOTING. § Subdivision 1.Opening and closing times. Except as otherwise provided in this section, at the state primary and the state general election the hours for voting in every precinct in the state shall begin at 7:00 a.m. and shall extend co…

204C.06 CONDUCT IN AND NEAR POLLING PLACES. § Subdivision 1.Persons allowed near polling place. An individual must be allowed to go to and from the polling place for the purpose of voting without unlawful interference. Except an election official or an individual who is waiting t…

204C.07 CHALLENGERS. § Subdivision 1.Partisan elections. At an election to fill partisan offices, the chair of an authorized committee of each major political party may appoint by written certificate voters from that political party to act as challengers of voters at the polling …

204C.08 OPENING OF POLLING PLACES. § Subdivision 1. [Renumbered subd 1c] § Subd. 1a. [Renumbered subd 1d] § Subd. 1b.Arrival; ballots. The election judges shall meet at the polling place at least one hour before the time for opening the polls. Before the polls open, the election …

204C.09 BALLOT PREPARATION BY ELECTION JUDGES. § Subdivision 1.Counting and initialing. (a) Before the voting begins, at least two election judges must certify the number of ballots delivered to the precinct. Election judges may conduct this count, presuming that the total count …

204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE; VOTER RECEIPT. (a) An individual seeking to vote shall sign a polling place roster or voter signature certificate which states that the individual: (1) is at least 18 years old; (2) is a citizen of the United States; (3) …

204C.12 CHALLENGES TO VOTERS; PENALTY. § Subdivision 1.Manner of challenging. An election judge shall, and an authorized challenger or other voter may, challenge an individual based on personal knowledge that the individual is not an eligible voter. § Subd. 2.Statement of grounds…

204C.13 RECEIVING AND MARKING BALLOTS. § Subdivision 1.Handing ballot to voter. When the election judges are satisfied that an individual is eligible to vote in that precinct, the election judge in charge of the ballots shall give the voter only one ballot of each kind that is to…

204C.14 UNLAWFUL VOTING; PENALTY. § Subdivision 1.Violations; penalty. No individual shall intentionally: (a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in a ballot box or attempting to vote by means of a voting machine or electronic voti…

204C.15 ASSISTANCE TO VOTERS. § Subdivision 1.Physical assistance in marking ballots. A voter who claims a need for assistance because of inability to read English or physical inability to mark a ballot may obtain the aid of two election judges who are members of different major …

204C.16 MISMARKING BALLOTS; DISCLOSURE OF MARKINGS BY OTHERS; PENALTY. An election judge or other individual who marks the ballot of any voter, except as authorized by law and as directed by the voter, or who informs anyone other than the voter how the ballot was marked, is guilt…

204C.17 VOTING; SECRECY. Except as authorized by section 204C.15, a voter shall not reveal to anyone in the polling place the name of any candidate for whom the voter intends to vote or has voted. A voter shall not ask for or receive assistance in the marking of a ballot from any…

204C.18 BALLOTS; SECRECY. § Subdivision 1.Party preferences; protection of secrecy. The election judges shall make no entry or notation in the election register or anywhere else showing the political party to which a voter belongs or for which political party the voter voted. No …

204C.19 COUNTING VOTES; PENALTY. § Subdivision 1.Procedure. When the hours for voting have ended and all voting has concluded, the election judges shall immediately count the votes cast at the election. The count shall be held at the polling place and shall be public. It shall be…

204C.20 BALLOTS; NUMBER TO BE COUNTED. § Subdivision 1.Determination of proper number. The election judges shall determine the number of ballots to be counted by tallying the number of signed voter's certificates or the number of names entered in the election register. The electi…

204C.21 COUNTING BALLOTS; PILING SYSTEM. § Subdivision 1.Method. The election judges shall take all the ballots of the same kind and count the votes cast for each office or question, beginning with the first office or question on the ballot. They shall make one pile of the ballot…

204C.22 DETERMINING VOTER'S INTENT. § Subdivision 1.Ballot valid if intent determinable. A ballot shall not be rejected for a technical error that does not make it impossible to determine the voter's intent. In determining intent the principles contained in this section apply. § …

204C.23 DEFECTIVE BALLOTS. A ballot that is defective to the extent that the election judges are unable to determine the voter's intent shall be marked on the back "Defective" if it is totally defective or "Defective as to ......," naming the office or question if it is defective…

204C.24 ELECTION RETURNS; SUMMARY STATEMENTS. § Subdivision 1.Information requirements. Precinct summary statements must be submitted by the election judges in every precinct. For all elections, the election judges must complete three or more copies of the summary statements, and…

204C.25 DISPOSITION OF BALLOTS. After the count and the summary statements have been completed, in the presence of all the election judges, the counted, defective, and blank ballots shall be placed in envelopes, and the envelopes shall be sealed. The election judges shall sign ea…

204C.26 SUMMARY STATEMENTS AND ENVELOPES FOR BALLOT RETURNS; ELECTION OFFICIALS TO FURNISH. § Subdivision 1.Summary statements. For state elections, each official responsible for printing ballots shall furnish three or more blank summary statement forms for the returns of those b…

204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS. One or more of the election judges in each precinct shall deliver one set of summary statements; all spoiled ballots; and the envelopes containing the ballots either directly to the municipal clerk for transmittal to the county audi…

204C.28 ELECTION NIGHT; DUTIES OF COUNTY AUDITORS AND MUNICIPAL CLERKS. § Subdivision 1.County auditor. (a) Every county auditor must remain at the auditor's office to receive delivery of the returns, to permit public inspection of the summary statements, and to tabulate the vote…

204C.29 IMPROPER DELIVERY OF RETURNS. § Subdivision 1.Failure of election judges to make delivery; penalty. If the election judges fail to deliver returns as required by section 204C.27, the county auditor or municipal or school district clerk to whom the returns should have been…

204C.31 CANVASSING BOARDS; MEMBERSHIP. § Subdivision 1.County canvassing board. The county canvassing board shall consist of the county auditor, the court administrator of the district court, the mayor or chair of the town board of the county's most populous municipality, and two…

204C.32 CANVASS OF STATE PRIMARIES. § Subdivision 1.County canvass. The county canvassing board must meet at the county auditor's office on either the second or third day following the state primary. After taking the oath of office, the canvassing board must publicly canvass the …

204C.33 CANVASS OF STATE GENERAL ELECTIONS. § Subdivision 1.County canvass. The county canvassing board must meet at the county auditor's office between the third and eighth days following the state general election. After taking the oath of office, the board must promptly and pu…

204C.34 TIE VOTES. In case of a tie vote for nomination or election to an office, the canvassing board with the responsibility for declaring the results for that office shall determine the tie by lot. History: 1981 c 29 art 5 s 34

204C.35 FEDERAL, STATE, AND JUDICIAL RACES. § Subdivision 1.Publicly funded recounts. (a) In a state primary when the difference between the votes cast for the candidates for nomination to: (1) a state legislative office is less than one-half of one percent of the total number of…

204C.36 RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND MUNICIPAL ELECTIONS. § Subdivision 1.Publicly funded recounts. (a) Except as provided in paragraphs (b) and (c), a losing candidate for nomination or election to a county, municipal, or school district office may request a recount …

204C.361 RULES FOR RECOUNTS. (a) The secretary of state shall adopt rules according to the Administrative Procedure Act establishing uniform recount procedures. All recounts provided for by sections 204C.35, 204C.36, and 206.88, shall be conducted in accordance with these rules. …

204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF STATE. A copy of the report required by sections 204C.32, subdivision 1, and 204C.33, subdivision 1, shall be certified under the official seal of the county auditor. The copy shall be enclosed in an envelope addressed to …

204C.38 CORRECTION OF OBVIOUS ERRORS; WHEN CANDIDATES AGREE. § Subdivision 1.Errors of election judges. If the candidates for an office unanimously agree in writing that the election judges in any precinct have made an obvious error in the counting or recording of the votes for t…

204C.39 CORRECTION OF OTHER OBVIOUS ERRORS. § Subdivision 1.Manner of correction. A county canvassing board may determine by majority vote that the election judges have made an obvious error in counting or recording the votes for an office. The county canvassing board shall then …

204C.40 CERTIFICATES OF ELECTION. § Subdivision 1.Preparation; method of delivery. The county auditor shall prepare an election certificate for every county candidate declared elected by the county canvassing board, and the secretary of state shall prepare a certificate for every…

204C.41 NEGLECT OF DUTY; OTHER OFFENSES BY ELECTION OFFICIALS; PENALTY. An election officer or other individual required by law to safely keep and produce ballots on election day or to perform any other act, who intentionally fails or refuses to perform the act required, or who i…