Minnesota Election Code

CHAPTER 10 – MULTIPLE BRANCHES OR OFFICES; OBSERVANCES

10.60. Public websites and publications.

Subd. 1. Definitions. For purposes of this section:

(1) “political subdivision” means a county, statutory or home rule charter city, town, school district, or other municipal corporation, and the Metropolitan Council and a metropolitan or regional agency;

(2) “publication” means a document printed with public money by an elected or appointed official of a state agency or political subdivision that is intended to be distributed publicly outside of the state agency or political subdivision;

(3) “state agency” means an entity in the executive, judicial, or legislative branch of state government; and

(4) “website” means a site maintained on the World Wide Web that is available for unrestricted public access and that is maintained with public money by an elected or appointed official of a state agency or political subdivision.

Subd. 2. Purpose of website and publications. The purpose of a website and a publication must be to provide information about the duties and jurisdiction of a state agency or political subdivision or to facilitate access to public services and information related to the responsibilities or functions of the state agency or political subdivision.

Subd. 3. Prohibitions. (a) A website or publication must not include pictures or other materials that tend to attribute the website or publication to an individual or group of individuals instead of to a public office, state agency, or political subdivision. A publication must not include the words “with the compliments of” or contain letters of personal greeting that promote an elected or appointed official of a state agency or political subdivision.

(b) A website, other than a website maintained by a public library or the election-related website maintained by the Office of the Secretary of State or the Campaign Finance and Public Disclosure Board, may not contain a link to a weblog or site maintained by a candidate, a political committee, a political party or party unit, a principal campaign committee, or a state committee. Terms used in this paragraph have the meanings given them in chapter 10A, except that “candidate” also includes a candidate for an elected office of a political subdivision.

Subd. 4. Permitted material. (a) Material specified in this subdivision may be included on a website or in a publication, but only if the material complies with subdivision 2. This subdivision is not a comprehensive list of material that may be contained on a website or in a publication, if the material complies with subdivision 2.

(b) A website or publication may include biographical information about an elected or appointed official, a single official photograph of the official, and photographs of the official performing functions related to the office. There is no limitation on photographs, webcasts, archives of webcasts, and audio or video files that facilitate access to information or services or inform the public about the duties and obligations of the office or that are intended to promote trade or tourism. A state website or publication may include photographs or information involving civic or charitable work done by the governor’s spouse, provided that these activities relate to the functions of the governor’s office.

(c) A website or publication may include press releases, proposals, policy positions, and other information directly related to the legal functions, duties, and jurisdiction of a public official or organization.

(d) The election-related website maintained by the Office of the Secretary of State shall provide links to:

(1) the campaign website of any candidate for legislative, constitutional, judicial, or federal office who requests or whose campaign committee requests such a link and provides in writing a valid URL address to the Office of the Secretary of State; and

(2) the website of any individual or group advocating for or against or providing neutral information with respect to any ballot question, where the individual or group requests such a link and provides in writing a valid website address and valid e-mail address to the Office of the Secretary of State.

These links must be provided on the election-related website maintained by the Office of the Secretary of State from the opening of filing for the office in question until the business day following the day on which the State Canvassing Board has declared the results of the state general election, or November 30 of the year in which the election has taken place, whichever date is earlier. The link must be activated on the election-related website maintained by the Office of the Secretary of State within two business days of receipt of the request from a qualified candidate or committee.

Subd. 5. Other standards. This section does not prohibit a state agency or political subdivision from adopting more restrictive standards for the content of a website or publication maintained by the agency or political subdivision.

Subd. 6. Enforcement. Violation of this section is not a crime and is not subject to civil penalty.

History: Laws 2005, c. 156, art. 2, § 6. Amended by Laws 2006, c. 242, §§ 9, 10, eff. June 1, 2006.

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CHAPTER 13 – GOVERNMENT DATA PRACTICES

GENERALLY

13.045. Safe at Home program participant data.

Subd. 1. Definitions. As used in this section:

(1) “program participant” has the meaning given in section 5B.02, paragraph (g);

(2) “location data” means any data that may be used to physically locate a program participant, including but not limited to the program participant’s residential address, work address, and school address, and that is collected, received, or maintained by a government entity prior to the date a program participant’s certification expires, or the date the entity receives notice that the program participant has withdrawn from the program, whichever is earlier;

(3) “identity data” means data that may be used to identify a program participant, including the program participant’s name, phone number, e-mail address, address designated under chapter 5B, Social Security number, or driver’s license number, and that is collected, received, or maintained by a government entity before the date a program participant’s certification expires, or the date the entity receives notice that the program participant has withdrawn from the program, whichever is earlier;

(4) “county recorder” means the county official who performs the functions of the county recorder or registrar of titles to record a document as part of the county real estate document recording system, regardless of title or office; and

(5) “real property records” means any record of data that is maintained by a county as part of the county real estate document recording system for use by the public.

Subd. 2. Notification of certification. (a) A program participant may submit a notice, in writing, to the responsible authority of any government entity other than the county recorder that the participant is certified in the Safe at Home address confidentiality program pursuant to chapter 5B. The notice must include the program participant’s name, names of other program participants in the household, address designated under chapter 5B, program participant signature, date the program participant’s certification in the program expires, and any other information specified by the secretary of state. A program participant may submit a subsequent notice of certification, if the participant’s certification is renewed. The contents of the notification of certification are private data on individuals.

(b) To affect real property records, including but not limited to documents maintained in a public recording system, data on assessments and taxation, and other data on real property, a program participant must submit a real property notice in writing to the county recorder in the county where the property identified in the real property notice is located. A real property notice must be on a form prescribed by the secretary of state and must include:

(1) the full legal name of the program participant, including middle name;

(2) the last four digits of the program participant’s Social Security number;

(3) the designated address of the program participant as assigned by the secretary of state, including lot number;

(4) the date the program participant’s certification in the program expires;

(5) the legal description and street address, if any, of the real property affected by the notice;

(6) the address of the Office of the Secretary of State; and

(7) the signature of the program participant.

Only one parcel of real property may be included in each notice, but more than one notice may be presented to the county recorder. The county recorder may require a program participant to provide additional information necessary to identify the records of the program participant or the real property described in the notice. A program participant must submit a subsequent real property notice for the real property if the participant’s certification is renewed. The real property notice is private data on individuals.

Subd. 3. Classification of identity and location data; sharing and dissemination. (a) Identity and location data on a program participant who submits a notice under subdivision 2, paragraph (a), that are not otherwise classified by law are private data on individuals. Notwithstanding any provision of law to the contrary, private or confidential location data on a program participant who submits a notice under subdivision 2, paragraph (a), may not be shared with any other government entity or nongovernmental entity except as provided in paragraph (b).

(b) Private or confidential location data on a program participant must not be shared or disclosed by a government entity unless:

(1) the program participant has expressly consented in writing to sharing or dissemination of the data for the purpose for which the sharing or dissemination will occur;

(2) the data are subject to sharing or dissemination pursuant to court order under section 13.03, subdivision 6; or

(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2;

(4) the location data related to county of residence are needed to provide public assistance or other government services, or to allocate financial responsibility for the assistance or services;

(5) the data are necessary to perform a government entity’s health, safety, or welfare functions, including the provision of emergency 911 services, the assessment and investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection of services or locations for compliance with health, safety, or professional standards; or

(6) the data are necessary to aid an active law enforcement investigation of the program participant.

(c) Data disclosed under paragraph (b), clauses (4) to (6), may be used only for the purposes authorized in this subdivision and may not be further disclosed to any other person or government entity. Government entities receiving or sharing private or confidential data under this subdivision shall establish procedures to protect the data from further disclosure.

(d) Real property record data are governed by subdivision 4a.

Subd. 4. Acceptance of alternate address required. Regardless of whether a notice of certification has been submitted under subdivision 2, a government entity must accept the address designated by the secretary of state as a program participant’s address, and is subject to the requirements contained in section 5B.05, paragraphs (a) to (c).

Subd. 4a. Real property records. (a) If a program participant submits a notice to a county recorder under subdivision 2, paragraph (b), the county recorder must not disclose the program participant’s identity data in conjunction with the property identified in the written notice, unless:

(1) the program participant has consented to sharing or dissemination of the data for the purpose identified in a writing acknowledged by the program participant;

(2) the data are subject to sharing or dissemination pursuant to court order under section 13.03, subdivision 6; or

(3) the secretary of state authorizes the sharing or dissemination of the data under subdivision 4b for the purpose identified in the authorization.

This subdivision does not prevent the county recorder from returning original documents to the individuals that submitted the documents for recording. This subdivision does not prevent the public disclosure of the participant’s name and address designated under chapter 5B in the county reception index if the participant’s name and designated address are not disclosed in conjunction with location data. Each county recorder shall establish procedures for recording or filing documents to comply with this subdivision. These procedures may include masking identity or location data and making documents or certificates of title containing the data private and not viewable except as allowed by this paragraph. The procedure must comply with the requirements of chapters 386, 507, 508, and 508A and other laws as appropriate, to the extent these requirements do not conflict with this section. The procedures must provide public notice of the existence of recorded documents and certificates of title that are not publicly viewable and the provisions for viewing them under this subdivision. Notice that a document or certificate is private and viewable only under this subdivision or subdivision 4b is deemed constructive notice of the document or certificate.

(b) A real property notice is notice only to the county recorder. A notice that does not conform to the requirements of a real property notice under subdivision 2, paragraph (b), is not effective as a notice to the county recorder. On receipt of a real property notice, the county recorder shall provide a copy of the notice to the person who maintains the property tax records in that county, and provide a copy to the secretary of state at the address specified by the secretary of state in the notice.

(c) Paragraph (a) applies only to the records recorded or filed concurrently with the real property notice specified in subdivision 2, paragraph (b), and real property records affecting the same real property recorded subsequent to the county’s receipt of the real property notice.

(d) The prohibition on disclosure in paragraph (a) continues until:

(1) the program participant has consented to the termination of the real property notice in a writing acknowledged by the program participant;

(2) the real property notice is terminated pursuant to a court order;

(3) the program participant no longer holds a record interest in the real property identified in the real property notice; or

(4) the secretary of state has given written notice to the county recorder who provided the secretary of state with a copy of a participant’s real property notice that the program participant’s certification has terminated. Notification under this paragraph must be given by the secretary of state within 90 days of the termination.

Upon termination of the prohibition of disclosure, the county recorder shall make publicly viewable all documents and certificates of title relative to the participant that were previously partially or wholly private and not viewable.

Subd. 4b. Access to real property data; title examination. (a) Upon request, the secretary of state may share data regarding a program participant’s real property records for the purpose of confirming or denying that the program participant’s real property is the property subject to a bona fide title examination. The request must include:

(1) the name, title, address, and affiliated organization, if applicable, of the person requesting data;

(2) the purpose for requesting data;

(3) the requestor’s relationship, if any, to the program participant subject to the data; and

(4) the legal description of the property subject to the title examination and any other information required by the secretary of state to respond to the request.

The secretary of state shall approve or deny a request for access to data within two business days.

(b) In responding to a bona fide request, the secretary of state may respond by an affirmation in writing that the property subject to the title examination is or is not the property subject to a program participant’s real property notice. Notwithstanding subdivision 4a, or any law to the contrary, a party examining title may rely conclusively on the information contained in a written affirmation from the secretary of state.

(c) Location data disclosed under this subdivision may be used only for the purposes authorized in this subdivision and may not be further disclosed to any other person. A person receiving private data under this subdivision shall establish procedures to protect the data from further disclosure.

Subd. 5. Duties of the secretary of state and other government entities limited. Nothing in this section establishes a duty for:

(1) the Office of the Secretary of State to identify other government entities that may hold data on a program participant; or

(2) the responsible authority of any government entity to independently determine whether it maintains data on a program participant, unless a request is received pursuant to section 13.04 or a notice of certification is submitted pursuant to this section.

Subd. 6. Service of process upon program participants. Notwithstanding any law to the contrary, after a government entity receives a notice under subdivision 2 or 4a, if the government entity seeks to serve process upon a program participant, the service must be made by personal service or service by mail upon the secretary of state under section 5B.03, subdivision 1, clause (3). In an action in which service by publication is required or necessary, publication is valid if the publication omits the name of the program participant and the secretary of state has been served as provided in this subdivision.

Subd. 7. Sharing of program participant data with the secretary of state. Nothing in this section prevents a government entity from sharing program participant data with the secretary of state for the purpose of facilitating compliance with this section.

History: Laws 2013, c. 76, § 6, eff. July 1, 2013. Amended by Laws 2014, c. 173, § 2, eff. April 30, 2014.

 

GENERAL DATA

13.356. Personal contact and online account information.

(a) The following data on an individual collected, maintained, or received by a government entity for notification purposes or as part of a subscription list for an entity’s electronic periodic publications as requested by the individual are private data on individuals:

(1) telephone number;

(2) e-mail address; and

(3) Internet user name, password, Internet protocol address, and any other similar data related to the individual’s online account or access procedures.

(b) Section 13.04, subdivision 2, does not apply to data classified under paragraph (a). Paragraph (a) does not apply to data submitted by an individual to the Campaign Finance Board to meet the legal requirements imposed by chapter 10A, to data submitted for purposes of making a public comment, or to data in a state agency’s rulemaking e-mail list.

(c) Data provided under paragraph (a) may only be used for the specific purpose for which the individual provided the data.

History: Laws 2013, c. 82, § 1, eff. May 24, 2013.

 

13.37. General nonpublic data.

Subd. 1. Definitions. As used in this section, the following terms have the meanings given them.

(a) “Security information” means government data the disclosure of which the responsible authority determines would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. “Security information” includes checking account numbers, crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home and mailing addresses, telephone numbers, e-mail or other digital addresses, Internet communication services accounts information or similar accounts information, and global positioning system locations.

(b) “Trade secret information” means government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the affected individual or organization, (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

(c) “Labor relations information” means management positions on economic and noneconomic items that have not been presented during the collective bargaining process or interest arbitration, including information specifically collected or created to prepare the management position.

(d) “Parking space leasing data” means the following government data on an applicant for, or lessee of, a parking space: residence address, home telephone number, beginning and ending work hours, place of employment, work telephone number, and location of the parking space.

Subd. 2. Classification. (a) The following government data is classified as nonpublic data with regard to data not on individuals, pursuant to section 13.02, subdivision 9, and as private data with regard to data on individuals, pursuant to section 13.02, subdivision 12: Security information; trade secret information; sealed absentee ballots prior to opening by an election judge; sealed bids, including the number of bids received, prior to the opening of the bids; parking space leasing data; and labor relations information, provided that specific labor relations information which relates to a specific labor organization is classified as protected nonpublic data pursuant to section 13.02, subdivision 13.

(b) If a government entity denies a data request based on a determination that the data are security information, upon request, the government entity must provide a short description explaining the necessity for the classification.

Subd. 3. Data dissemination. (a) Crime prevention block maps and names, home addresses, and telephone numbers of volunteers who participate in community crime prevention programs may be disseminated to volunteers participating in crime prevention programs. The location of a National Night Out event is public data.

(b) The responsible authority of a government entity in consultation with the appropriate chief law enforcement officer, emergency manager, or public health official, may make security information accessible to any person, entity, or the public if the government entity determines that the access will aid public health, promote public safety, or assist law enforcement.

History: Amended by Laws 1984, c. 436, § 15, eff. April 24, 1984; Laws 1985, c. 248, § 4; Laws 1990, c. 573, §§ 3, 4; Laws 1996, c. 440, art. 1, §§ 5, 6; Laws 1997, c. 111, § 6, eff. May 9, 1997; Laws 1998, c. 371, § 1; Laws 2003, 1st Sp., c. 8, art. 2, § 7; Laws 2005, c. 163, §§ 33 to 35; Laws 2012, c. 290, §§ 16, 17, eff. Aug. 1, 2012; Laws 2013, c. 82, § 2, eff. Aug. 1, 2013; Laws 2014, c. 208, § 1, eff. May 10, 2014.

Notes and Decisions: Rejected absentee ballots from election for United States Senate that were in possession of county were nonpublic or private data under Minnesota Government Data Practices Act (MGDPA); provision of Act unambiguously provided that sealed absentee ballots were nonpublic or private data until opened by election judge, and absentee ballots remained sealed and had not been opened by election judge. KSTP-TV v. Ramsey County,787 N.W.2d 198 (Minn. App. 2010).

 

CAMPAIGN FINANCE, PUBLIC DISCLOSURE, AND ELECTION DATA

13.607. Campaign finance, public disclosure, and election data coded elsewhere.

Subd. 1. Scope. The sections referred to in this section are codified outside this chapter. Those sections classify campaign, ethics, and election data as other than public, place restrictions on access to government data, or involve data sharing.

Subd. 2. Campaign Finance and Public Disclosure Board information. Disclosure by the Campaign Finance and Public Disclosure Board of information about a complaint or investigation is governed by section 10A.022.

Subd. 3. Campaign Finance and Public Disclosure Board investigation data. The record of certain investigations conducted under chapter 10A is classified, and disposition of certain information is governed, by section 10A.022, subdivision 5, paragraph (b).

Subd. 3a. Campaign Finance and Public Disclosure Board audit data. The record of certain audits conducted under chapter 10A is classified, and disposition of certain information is governed, by section 10A.022, subdivision 6.

Subd. 4. Campaign Finance and Public Disclosure Board opinions. A request for a Campaign Finance and Public Disclosure Board advisory opinion and the opinion itself are classified under section 10A.02, subdivision 12.

Subd. 5. Statements of economic interest. Disclosure of statements of economic interest filed by local officials is governed by section 10A.09, subdivision 6a.

Subd. 5a. Campaign reports and data. Certain reports filed with the Campaign Finance and Public Disclosure Board are classified under section 10A.20. Certain data stored by the Campaign Finance and Public Disclosure Board is not government data under section 10A.02, subdivision 11b.

Subd. 6. Registered voter lists. Access to registered voter lists is governed by section 201.091.

Subd. 7. Absentee ballots. Disclosure of names of voters submitting absentee ballots is governed by section 203B.12, subdivision 7.

Subd. 8. Candidates for office; address of residence. The address of residence of certain candidates for office is classified as provided in section 204B.06, subdivision 1b.

History: Amended by Laws 2010, c. 314, § 1, eff. Aug. 1, 2010; Laws 2010, c. 327, § 24, eff. Aug. 1, 2010; Laws 2011, c. 76, art. 2, § 6, eff. Aug. 1, 2011; Laws 2014, c. 309, §§ 22, 23, eff. May 22, 2014; Laws 2015, c. 73, §§ 20, 21, 26, eff. May 23, 2015.

 

LAW ENFORCEMENT; JUDICIAL; CORRECTIONS; CRIMINAL JUSTICE DATA

13.851. Corrections and detention data coded elsewhere

Subd. 10. Felony offender data; voter registration. The use of felony offender data made available to the secretary of state is governed by section 201.145.

History: Amended by Laws 2005, c. 136, art. 16, § 13, eff. Aug. 1, 2005; Laws 2008, c. 299, § 1, eff. July 1, 2008; Laws 2008, c. 326, art. 2, § 1, eff. July 1, 2008; Laws 2011, c. 76, art. 2, §§ 17, 18, eff. Aug. 1, 2011; Laws 2013, c. 49, § 22, eff. Aug. 1, 2013; Laws 2013, c. 131, art. 3, § 1, eff. July 1, 2013; Laws 2017, c. 92, art. 1, § 7, eff. July 1, 2017; Laws 2018, c. 182, art. 3, § 6, eff. July 1, 2018; Laws 2019, 1st Sp., c. 9, art. 6, § 1, eff. July 1, 2019.

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CHAPTER 43A – STATE PERSONNEL MANAGEMENT

43A.32. Political activities.

Subd. 1. Prohibition. No employee shall, directly or indirectly, during hours of employment solicit or receive funds for political purposes, or use official authority or influence to compel an employee in the classified service to apply for membership in or become a member of any political organization, to pay or promise to pay any assessment, subscription, or contribution or to take part in any political activity.

Subd. 2. Leaves of absence for elected public officials, candidates. Except as herein provided any officer or employee in the classified service shall:

(1) take leave of absence upon assuming an elected federal office or an elected state office other than state legislative office or, if elected to state legislative office, during times that the legislature is in session;

(2) take leave of absence upon assuming any elected public office other than enumerated in clause (1), if, in the opinion of the commissioner, the holding of the office conflicts with regular state employment; and

(3) upon request, be granted leave of absence upon becoming a candidate, or during the course of candidacy, for any elected public office.

All requests for opinions of the commissioner and all opinions from the commissioner under the provisions of clause (2) shall be in writing and shall be delivered by mail or by use of a facsimile machine.

The commissioner shall issue an opinion under the provisions of clause (2) within seven calendar days of receipt of the request.

Subd. 3. Leave of absence. No executive branch officer or employee in the unclassified service who is covered by a collective bargaining agreement, and no executive branch officer or employee in the classified service, may be required to take a leave of absence upon becoming a candidate, or during the course of candidacy, for any elected public office. Said officers and employees shall take leave of absence upon assuming an elected federal office or an elected state office other than state legislative office or, if elected to state legislative office, during times that the legislature is in session.

History: Laws 1981, c. 210, § 32, eff. July 1, 1981. Amended by Laws 1986, c. 444; Laws 1987, c. 281, §§ 1, 2, eff. July 1, 1987; Laws 1994, c. 429, § 4.

Notes and Decisions: County personnel policy requiring county employee to take unpaid leave during campaign for elected office was deprivation of property interest, but employee had no due process right to hearing before being placed on leave. Martin v. Itasca County, 448 N.W.2d 368 (Minn. 1989).

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CHAPTER 103C – SOIL AND WATER CONSERVATION DISTRICTS

DISTRICT BOARDS

103C.305. General election of supervisors.

Subd. 1. Time for election. Elections must be held at the state general election specified in section 204D.03, subdivision 2. A primary may not be held.

Subd. 2. Filing for office; affidavit of candidacy. A candidate for the office of supervisor shall file an affidavit of candidacy with the county auditor of the county in which the district office is located during the period provided for filing affidavits of candidacy for county offices in section 204B.09, subdivision 1. The county auditor accepting affidavits of candidacy shall forward copies of all affidavits filed by candidates for supervisor to the auditor of any other county in which the office is voted on.

Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of candidates shall be placed on the state general election ballot. The office title printed on the ballot must be either “Soil and Water Conservation District Supervisor” or “Conservation District Supervisor,” based upon the district from which the supervisor is to be elected.

Subd. 4. Election. Laws relating to elections for county office shall govern to the extent that they are consistent with this section and section 103C.311. The county auditor shall certify the result to the state board. If the district includes land in more than one county, the county auditor shall immediately certify to the state board the vote, as shown by the report of the county canvassing board, for candidates voted for in more than one county. In the latter case, the state board shall certify and publish the result.

Subd. 5. Election within areas governed by Indian tribes. In a district where a supervisor nomination district is entirely within lands of an American Indian tribe or band to which county election laws do not apply, a supervisor to represent the district shall be elected or appointed as provided by the governing body of the tribe or band.

Subd. 6. Vacancy. (a) If a vacancy occurs in the office of an elected supervisor more than 56 days before the next state primary, the district board shall fill the vacancy by appointment. The supervisor appointed shall hold office until the first Monday in January following the next general election. A successor shall be elected at the general election following the appointment and hold office for the remainder of the term or for the next regular term, whichever is appropriate.

(b) If a vacancy occurs less than 56 days before the next state primary, the district board shall fill the vacancy by appointment. The appointed supervisor shall hold office until the expiration of the term or until the first Monday in January following the second succeeding general election, whichever is shorter. A successor shall be elected at the general election preceding expiration of the appointed term and hold office for the remainder of the term or for the next regular term, whichever is appropriate.

(c) All terms under this subdivision continue until a successor has been elected and has qualified.

History: Laws 1990, c. 391, art. 3, § 14. Amended by Laws 1994, c. 646, § 1; Laws 1997, c. 173, § 3; Laws 2000, c. 467, § 2; Laws 2003, c. 104, § 18; Laws 2008, c. 244, art. 2, § 1, eff. June 1, 2008; Laws 2013, c. 131, art. 2, § 4, eff. July 1, 2013.

Notes and Decisions: Person must be legal voter of soil conservation district to be elected supervisor. Op. Atty. Gen. 705A-3, March 31, 1954.

 

103C.311. Supervisor districts.

Subd. 1. Supervisors elected at large. (a) The district board shall, with the approval of the state board, divide a district into supervisor districts for purposes of nomination for election. At each election after the division, one or more supervisors shall be nominated from each supervisor district. A supervisor must be a resident of the supervisor district to be elected.

(b) If the boundary of a soil and water conservation district has been substantially changed by a division of the district, the district shall be divided into supervisor districts for nomination purposes.

(c) Except for consolidation under section 103C.211, this subdivision does not disqualify a supervisor during the term for which the supervisor was elected or nominated for election. Supervisors nominated from the supervisor districts shall be included on the ballot for election from the entire area included in the soil and water conservation district.

(d) A certified copy of the minutes or the resolution of the supervisors establishing supervisor districts must be promptly filed by the chair of the district board with the county auditor of the counties where the district is located and with the state board.

Subd. 2. Supervisors elected by districts. (a) A district board in the seven-county metropolitan area shall by resolution provide that supervisors will be elected by supervisor districts as provided in this subdivision.

(b) A district board outside of the seven-county metropolitan area, with the approval of the state board, may by resolution provide that supervisors will be elected by supervisor districts as provided in this subdivision.

(c) The supervisor districts must be composed of precincts established by county and municipal governing bodies under section 204B.14. The districts must be compact, include only contiguous territory, and be substantially equal in population. The districts must be numbered in a regular series. The districts must be drawn by the county board of the county containing the largest area of the soil and water conservation district, in consultation with the district board and with the approval of the state board. The boundaries of the districts must be redrawn after each decennial federal census as provided in section 204B.135. A certified copy of the resolution establishing supervisor districts must be filed by the chair of the district board with the county auditor of the counties where the soil and water conservation district is located, with the state board, and with the secretary of state, and the filings must occur within 80 days of the time when the legislature has been redistricted or at least 15 weeks before the state primary election in a year ending in two, whichever comes first.

(d) Each supervisor district is entitled to elect one supervisor. A supervisor must be a resident of the district from which elected.

(e) The district board shall provide staggered terms for supervisors elected by district. After each redistricting, there shall be a new election of supervisors in all the districts at the next general election, except that if the change made in the boundaries of a district is less than five percent of the average population of all the districts, the supervisor in office at the time of the redistricting shall serve for the full term for which elected. The district board shall determine by lot the seats to be filled for a two-year term, a four-year term, and a six-year term.

History: Laws 1990, c. 391, art. 3, § 15. Amended by Laws 1997, c. 130, § 1; Laws 1997, c. 173, § 4; Laws 2001, 1st Sp., c. 10, art. 18, § 3, eff. Jan. 1, 2002; Laws 2003, c. 104, §§ 19, 20; Laws 2013, c. 131, art. 2, § 5, eff. July 1, 2013; Laws 2014, c. 248, § 8, eff. Aug. 1, 2014; Laws 2014, c. 264, § 2, eff. Jan. 1, 2015.

 

103C.315. Supervisors.

Subd. 1. Members. (a) Except as provided in paragraph (c), the district board shall consist of five supervisors, elected or appointed as provided in sections 103C.201, subdivision 8, and 103C.305.

(b) Supervisors must be eligible voters residing in the district.

(c) In counties where the county board consists of seven members and districts have been divided into supervisor districts, under section 103C.311, subdivision 2, the county board may establish seven supervisor districts, elected or appointed as provided in sections 103C.201, subdivision 8; 103C.305; and 103C.311, subdivision 2.

Subd. 2. Terms. The supervisors appointed by the state board upon the establishment of a district serve terms ending as provided in section 103C.201, subdivision 8. Their successors shall be elected for terms of four years commencing on the first Monday in January and until a successor is elected or appointed and has qualified. Vacancies in the office of supervisor appointed by the state board shall be filled by the state board.

Subd. 3. Quorum. A majority of the supervisors is a quorum and the concurrence of a majority in any matter is required for its determination except as otherwise expressly provided.

Subd. 4. Compensation. A supervisor shall receive compensation for services up to $75 per day, and may be reimbursed for expenses, including traveling expenses, necessarily incurred in the discharge of duties. A supervisor may be reimbursed for the use of the supervisor’s own automobile in the performance of official duties at a rate up to the maximum tax-deductible mileage rate permitted under the federal Internal Revenue Code.

Subd. 5. Removing supervisor. A supervisor may be removed from office in accordance with the procedures under sections 351.14 to 351.23 for malfeasance or nonfeasance in office, but for no other reason.

Subd. 6. Compatible offices. The office of soil and water conservation district supervisor and the offices of mayor, clerk, clerk-treasurer, or council member in a statutory or home rule charter city of not more than 2,500 population contained in whole or in part in the soil and water conservation district are compatible offices and one person may hold both offices. The office of soil and water conservation district supervisor and the office of town clerk or town supervisor in a town of not more than 2,500 population contained in whole or in part in the soil and water conservation district are compatible offices and one person may hold both offices. A person holding both offices shall refrain from voting or taking any other formal action on any matter coming before the soil and water conservation district board or the city council or town board that has a substantial effect on both the soil and water conservation district and the city or town. This subdivision does not apply to an office located in whole or in part in Anoka, Hennepin, Ramsey, or Washington County.

History: Laws 1990, c. 391, art. 3, § 16. Amended by Laws 1995, c. 222, § 1; Laws 1997, c. 173, § 5; Laws 1998, c. 401, § 35, eff. April 22, 1998; Laws 2000, c. 467, § 3; Laws 2003, c. 104, §§ 21 to 24.

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CHAPTER 123A – SCHOOL DISTRICTS; FORMS OF ORGANIZING

REALIGNING DISTRICTS

123A.48. Consolidation.

Subd. 1. Proceeding to consolidate. Common or independent districts or parts thereof, or any combination of the foregoing may consolidate into a single independent district by proceedings taken in accordance with this section. The proposed new district must contain at least 18 sections of land.

Subd. 2. Resolution. (a) Upon a resolution of a board in the area proposed for consolidation or upon receipt of a petition therefor executed by 25 percent of the voters resident in the area proposed for consolidation or by 50 such voters, whichever is less, the county auditor of the county which contains the greatest land area of the proposed new district shall prepare a plat. The resolution or petition must show the approximate area proposed for consolidation.

(b) The resolution or petition may propose the following:

(1) that the bonded debt of the component districts will be paid according to the levies previously made for that debt under chapter 475, or that the taxable property in the newly created district will be taxable for the payment of all or a portion of the bonded debt previously incurred by any component district as provided in subdivision 18;

(2) that obligations for a capital loan or an energy loan made according to section 216C.37 or sections 298.292 to 298.297 outstanding in a preexisting district as of the effective date of consolidation remain solely with the preexisting district that obtained the loan, or that all or a portion of the loan obligations will be assumed by the newly created or enlarged district and paid by the newly created or enlarged district on behalf of the preexisting district that obtained the loan;

(3) that referendum levies previously approved by voters of the component districts pursuant to section 126C.17, subdivision 9, or its predecessor provision, be combined as provided in section 123A.73, subdivision 4 or 5, or that the referendum levies be discontinued;

(4) that the board of the newly created district consist of the number of members determined by the component districts, which may be six or seven members elected according to subdivision 20, or any number of existing school board members of the component districts, and a method to gradually reduce the membership to six or seven; or

(5) that separate election districts from which board members will be elected, the boundaries of these election districts, and the initial term of the member elected from each of these election districts be established.

The resolution must provide for election of board members from one of the following options: single-member districts; multimember districts; at large; or a combination of these options. The resolution must include a plan for the orderly transition to the option chosen.

A group of districts that operates a cooperative secondary facility funded under section 123A.443 may also propose a temporary board structure as specified in section 123A.443, subdivision 9.

If a county auditor receives more than one request for a plat and the requests involve parts of identical districts, the auditor shall prepare a plat which in the auditor’s opinion best serves the educational interests of the inhabitants of the districts or areas affected.

(c) The plat must show:

(1) Boundaries of the proposed district, as determined by the county auditor, and present district boundaries,

(2) The location of school buildings in the area proposed as a new district and the location of school buildings in adjoining districts,

(3) The boundaries of any proposed separate election districts, and

(4) Other pertinent information as determined by the county auditor.

Subd. 3. Designated county auditor duties. The county auditor of the county containing the greatest land area of the area proposed to be consolidated shall perform the duties provided by this section.

Subd. 4. Orderly reduction plan. As part of the resolution required by subdivision 2, the board must prepare a plan for the orderly reduction of the membership of the board to six or seven members and a plan for the establishment or dissolution of election districts. The plan may shorten any or all terms of incumbent board members to achieve the orderly reduction. The plan must be submitted to the secretary of state for review and comment.

Subd. 5. Supporting statement. The county auditor shall prepare a supporting statement to accompany the plat. The statement must contain:

(a) The adjusted net tax capacity of property in the proposed district,

(b) If a part of any district is included in the proposed new district, the adjusted net tax capacity of the property and the approximate number of pupils residing in the part of the district included shall be shown separately and the adjusted net tax capacity of the property and the approximate number of pupils residing in the part of the district not included shall also be shown,

(c) The reasons for the proposed consolidation, including a statement that at the time the plat is submitted to the commissioner of education, no proceedings are pending to dissolve any district involved in the plat unless all of the district to be dissolved and all of each district to which attachment is proposed is included in the plat,

(d) A statement showing that the jurisdictional fact requirements of subdivision 1 are met by the proposal,

(e) Any proposal contained in the resolution or petition regarding the disposition of the bonded debt, outstanding energy loans made according to section 216C.37 or sections 298.292 to 298.297, capital loan obligations, or referendum levies of component districts,

(f) Any other information the county auditor desires to include, and

(g) The signature of the county auditor.

Subd. 6. County auditor to submit plat. The county auditor shall submit the plat and supporting statement to the commissioner and a true copy of each to the auditor of each county containing any land area of the proposed new district.

Subd. 7. County auditor to notify county board; restriction on county board action. Upon receipt of a plat and the supporting statement, each county’s auditor shall immediately notify the county’s board. After such notification, and during the pendency of proceedings under the plat and supporting statement or for a period of six months, whichever is shorter, no action may be taken by the county board under any other law to modify the boundary of any district if any part of the district is included in an area proposed for consolidation.

Subd. 8. Commissioner duties. The commissioner shall, upon receipt of a plat, examine it and approve, modify or reject it. The commissioner shall also approve or reject any proposal contained in the resolution or petition regarding the disposition of the bonded debt of the component districts. If the plat shows the boundaries of proposed separate election districts and if the commissioner modifies the plat, the commissioner shall also modify the boundaries of the proposed separate election districts. The commissioner shall conduct a public meeting at the nearest county seat in the area upon reasonable notice to the affected districts and county boards if requested within 20 days after submission of the plat. The public meeting may be requested by the board of any affected district, a county board of commissioners, or the petition of 20 resident voters living within the area proposed for consolidation. The commissioner shall endorse on the plat action regarding any proposal for the disposition of the bonded debt of component districts and the reasons for these actions and after a minimum of 20 days, but no more than 60 days of the date of the receipt of the plat, the commissioner shall return it to the county auditor who submitted it. The commissioner shall furnish a copy of that plat, and the supporting statement and its endorsement to the auditor of each county containing any land area of the proposed new district. If land area of a particular county was included in the plat, as submitted by the county auditor, and all of such land area is excluded in the plat as modified and approved, the commissioner shall also furnish a copy of the modified plat, supporting statement, and any endorsement to the auditor of such county.

Subd. 9. Notice to district board. Upon receipt of an approved plat, the county auditor shall notify the board of any district, all or part of whose land is included in the proposed new district.

Subd. 10. District board adoption of proposed plat. The board of any independent district maintaining a secondary school, the board of any common district maintaining a secondary school, all or part of whose land is included in the proposed new district, must, within 45 days of the approval of the plat by the commissioner, either adopt or reject the plan as proposed in the approved plat. If the board of any such district entitled to act on the petition rejects the proposal, the proceedings are terminated and dismissed. If any board fails to act on the plat within the time allowed, the proceedings are terminated. If any school board is unable to obtain a majority of its members’ votes to accept or reject the plat and plan, a petition of residents of the district unable to obtain a majority of votes equal to 20 percent of the votes cast in the last school district general election in that district may be submitted to the county auditor requesting a public vote to accept or reject the plat and plan. The vote shall be scheduled on the next available election date. The county auditor shall notify the commissioner of the scheduled vote, conduct the election in that district and certify the results of the election to the commissioner. Other affected school boards that approve the plat and plan may choose to hold an election. If elections are conducted in each affected school district, results shall be separate and a majority vote to approve the plat and plan must be reached in each of the affected districts. If the plat and plan are rejected by the voters, a new plat and plan cannot be submitted, except by school board resolution in a district where the plat and plan were rejected, until January 1 of the year following the next school district general election.

Subd. 11. Multiple districts; approval. If the approved plat contains land area in more than one independent district maintaining a secondary school, or common district maintaining a secondary school, and if each board entitled to act on the plat approves the plat, each board shall publish notice of its action at least once in its official newspaper. If all of the boards entitled to act on the plat call, by resolution, for an election on the question, or if five percent of the eligible voters of any such district petition the clerk of the district, within 30 days after the publication of the notice, for an election on the question, the consolidation shall not become effective until approved by a majority vote in the district at an election held in the manner provided in subdivisions 13, 14, and 15.

Subd. 12. Approval by residents. If an approved plat contains land area in any district not entitled to act on approval or rejection of the plat by action of its board, the plat may be approved by the residents of the land area within 60 days of approval of plat by the commissioner in the following manner:

A petition calling upon the county auditor to call and conduct an election on the question of adoption or rejection of the plat may be circulated in the land area by any person residing in the area. Upon the filing of the petition with the county auditor, executed by at least 25 percent of the eligible voters in each district or part of a district contained in the land area, the county auditor shall call and conduct a special election of the electors resident in the whole land area on the question of adoption of the plat. For the purposes of this section, the term “electors resident in the whole land area” means any person residing on any remaining portion of land, a part of which is included in the consolidation plat. Any eligible voter owning land included in the plat who lives upon land adjacent or contiguous to that part of the voter’s land included in the plat shall be included and counted in computing the 25 percent of the eligible voters necessary to sign the petition and shall also be qualified to sign the petition. Failure to file the petition within 60 days of approval of the plat by the commissioner terminates the proceedings.

Subd. 13. Notice of election. Upon an election becoming callable under provisions of subdivision 11 or 12, the board shall give ten days’ posted notice of election in the area in which the election is to be held and also if a newspaper is published in the area, one weeks’ published notice shall be given. The notice must specify the time, place and purpose of the election.

Subd. 14. Election. The board shall determine the date of the election as authorized by section 205A.05, subdivision 1a, the number of boundaries of voting precincts, and the location of the polling places where voting shall be conducted, and the hours the polls will be open. The board shall also provide official ballots which must be used exclusively and shall be in the following form: “Shall the (name of school district) and the (name of school district) be consolidated as proposed? Yes …. No ….”

The board must appoint election judges who shall act as clerks of election. The ballots and results must be certified to the board who shall canvass and tabulate the total vote cast for and against the proposal.

Subd. 15. Effective date. If a majority of the votes cast on the question at the election approve the consolidation, and if the necessary approving resolutions of boards entitled to act on the plat have been adopted, the board must, within ten days of the election, notify the county auditor who shall, within ten days of the notice or of the expiration of the period during which an election can be called, issue an order setting a date for the effective date of the change. The effective date must be July 1 of the year determined by the board in the original resolution adopted under subdivision 2. The auditor shall mail or deliver a copy of such order to each auditor holding a copy of the plat and to the clerk of each district affected by the order and to the commissioner. The board must similarly notify the county auditor if the election fails. The proceedings are then terminated and the county auditor shall so notify the commissioner and the auditors and the clerk of each district affected.

Subd. 16. Identification number. Upon receipt of the order creating a new district, the commissioner shall, by order, assign an identification number to the new district and shall mail a copy of the order to the county auditor and to each auditor who holds a copy of the plat. If all of the territory in one and only one independent district maintaining a secondary school is included in the new independent district created pursuant to consolidation, and if the commissioner finds that it is more practical and reasonable and in the interest of efficiency and economy of operation to so do, the commissioner may assign to the new district the same number as previously held by the included independent district.

Subd. 17. Distribution of district assets and liabilities. If no district is divided by virtue of the proceedings, all of the assets, real and personal, of the districts involved and all legally valid and enforceable claims and contract obligations of the districts pass to the new district, except as provided in section 123A.75. If a district is divided by virtue of the proceedings, upon receipt of the order of the commissioner, the auditor of the county containing the greatest land area of the new district shall present a copy of the plat and supporting statement and orders issued in the proceedings to the commissioner, together with such information as is available to that auditor concerning the assets and liabilities not secured by bonds of each district, any part of which is included in the newly created district. Thereafter within 30 days the commissioner shall issue an order providing for a division of the assets and liabilities of the districts involved and apportioning and dividing these assets and liabilities according to such terms as the commissioner may deem just and equitable. In making this division of assets and liabilities, the commissioner may consider the amount of bonded debt to be assumed by property in each area under the provisions of this section. If the order of consolidation transfers any real estate interest to the new district or to another district, the order apportioning assets and liabilities may impose a dollar claim on the district receiving the real estate in favor of any other district involved in an amount not exceeding the reasonable value of the real estate interest involved, which claim shall be paid in the manner provided by law for the enforcement of judgments.

Subd. 18. Bonded debt. (a) As of the effective date of the consolidation, the bonded debt of all component districts must be paid according to the plan for consolidation proposed in the approved plat and according to this subdivision.

(b) If the plan for consolidation so provides, the bonded debt of all component districts must be paid according to levies previously made for that debt under chapter 475. In this case, the obligation of the taxable property in the component districts with reference to the payment of such bonded debt is not affected by the consolidation.

(c) If the plan for consolidation makes no provision for the disposition of bonded debt, all the taxable property in the newly created district is taxable for the payment of any bonded debt incurred by any component district in the proportion which the net tax capacity of that part of a preexisting district which is included in the newly created district bears to the net tax capacity of the entire preexisting district as of the time of the consolidation.

(d) If the plan for consolidation so provides, all the taxable property in the newly created district will be taxable for a portion of the bonded debt incurred by any component district prior to the consolidation.

(e) The county auditor shall make the apportionment required under paragraphs (c) and (d) and incorporate the apportionment as an annex to the order of the commissioner dividing the assets and liabilities of the component parts. This subdivision shall not relieve any property from any tax liability for payment of any bonded obligation but taxable property in the newly created district becomes primarily liable for the payment of bonded debts to the extent of the proportion stated.

Subd. 19. Bonds; election. The board of the newly created district, when constituted as provided in Minnesota Statutes 1990, section 122.23, subdivision 17, may provide for an election of that district on the issuance of bonds. It may issue and sell bonds authorized at the election, or bonds authorized at an election previously held in any preexisting district wholly included within the newly created district, or bonds for a purpose for which an election is not required by law. The actions may be taken at any time after the date of the county auditor’s order issued under Minnesota Statutes 1990, section 122.23, subdivision 17, and before or after the date upon which the consolidation becomes effective for other purposes, and taxes for the payment of the bonds shall be levied upon all taxable property in the newly created district. No bonds shall be delivered to purchasers until 30 days after the date of the county auditor’s order. If within this period a notice of appeal from the county auditor’s order to the district court is filed in accordance with section 123A.49, no bonds shall be delivered by the newly created district to purchasers unless:

(1) the county auditor’s order is affirmed by final order of the district court in the special proceeding, and a period of 30 days from the service of the final order expires without an appeal being commenced; or

(2) if an appeal is taken, the order is affirmed and the time for petitioning for further review has expired. Notwithstanding the pendency of the appeal, if all of the territory of one and only one independent district maintaining a secondary school is included in the newly created district, and if the net tax capacity of taxable property in the territory comprises 90 percent or more of the net tax capacity of all taxable property in the newly created district, then the board may issue, sell, and deliver any bonds voted by the preexisting independent district and any bonds voted or otherwise authorized by the newly created district, and the bonds must be paid by the levy of taxes upon the property within the territory of the preexisting independent district and within the other areas, if any, that are finally determined to be properly included within the newly created district. In any election held in the newly created district as authorized in the preceding sentence, all qualified electors residing within the area of that district as defined in the county auditor’s order shall be entitled to vote, but the votes cast by residents of former districts or portions of former districts included in the area, other than the independent district maintaining the secondary school, shall be received and counted separately. The bonds must not be issued and sold unless authorized by a majority of the votes cast thereon by electors of the independent district maintaining the secondary school, and also by a majority of the votes cast thereon by electors residing within the entire area of the newly created district.

Subd. 20. Board election; duties. (a) The county auditor shall determine a date, not less than 30 nor more than 60 days from the date that the order setting the effective date of the consolidation according to subdivision 15 was issued, to hold a special election in the district for the purpose of electing a board of six members for terms of four years and until a successor is elected and qualifies according to provisions of law governing the election of board members in independent districts. Notwithstanding the foregoing, three members of the first board must be elected to terms that expire on the first Monday in January following the first regularly scheduled school district general election that occurs more than six months after the election of the first board and three members must be elected to terms that expire on the first Monday in January following the second school district general election that occurs more than six months after the election of the first board. If the first board consists of seven members, then four members may be elected at either the first or second regularly scheduled school district general election following the election of the first board. If the resolution or petition for consolidation pursuant to subdivision 2 proposed the establishment of separate election districts, these members shall be elected from separate election districts according to the provisions of that resolution or petition and of chapter 205A.

(b) The county auditor shall give ten days’ posted notice of election in the area in which the election is to be held and also if a newspaper is published in the proposed new district, one weeks’ published notice shall be given. The notice must specify the time, place, and purpose of the election.

(c) Any person desiring to be a candidate for a school election shall file an application with the county auditor to have the applicant’s name placed on the ballot for such office, specifying the term for which the application is made. The application must be filed not less than 21 days before the election.

(d) The county auditor shall prepare, at the expense of the county, necessary ballots for the election of officers, placing thereon the names of the proposed candidates for each office. The ballots must be marked and signed as official ballots and shall be used exclusively at the election. The county auditor shall determine the number of voting precincts and the boundaries of each. The county auditor shall determine the location of polling places and the hours the polls shall be open and shall appoint three election judges for each polling place who shall act as clerks of election. Election judges shall certify ballots and results to the county auditor for tabulation and canvass.

(e) After making a canvass and tabulation, the county auditor shall issue a certificate of election to the candidate for each office who received the largest number of votes cast for the office. The county auditor shall deliver such certificate to the person entitled to a certificate by certified mail, and each person so certified shall file an acceptance and oath of office with the county auditor within 30 days of the date of mailing of the certificate. A person who fails to qualify prior to the time specified shall be deemed to have refused to serve, but such filing may be made at any time before action to fill vacancy has been taken.

(f) The board of each district included in the new enlarged district shall continue to maintain the schools therein until the effective date of the consolidation. Such boards shall have power and authority only to make such contracts, to do such things as are necessary to properly maintain the schools for the period prior to that date, and to certify to the county auditor according to levy limitations applicable to the component districts the taxes collectible in the calendar year when the consolidation becomes effective.

(g) The newly elected board of the enlarged district has the immediate duty, after the members have qualified and the board has been organized, to plan for the maintenance of the school or schools of the new district for the next school year, to enter into the necessary negotiations and contracts for the employment of personnel, purchase of equipment and supplies, and other acquisition and betterment purposes, when authorized by the voters to issue bonds under the provisions of chapter 475. On the effective date of the consolidation, the newly elected board must assume the full duties of the care, management and control of the new enlarged district. The board of the new enlarged district must give due consideration to the feasibility of maintaining such existing attendance centers and of establishing such other attendance centers, especially in rural areas, as will afford equitable and efficient school administration and assure the convenience and welfare of the pupils residing in the enlarged district. The obligations of the new board to teachers employed by component districts shall be governed by the provisions of section 123A.75. The obligations of the new board to nonlicensed employees employed by component districts is governed by subdivision 21.

Subd. 21. Nonlicensed employees. (a) As of the effective date of a consolidation of two or more districts or parts of them, each nonlicensed employee employed by an affected district must be assigned to the newly created district.

(b) As of the effective date of a consolidation, any employee organization may petition the commissioner of the Bureau of Mediation Services for a certification election under chapter 179A. An organization certified as the exclusive representative for nonlicensed employees in a particular preexisting district continues as the exclusive representative for those particular employees for a period of 90 days from the effective date of a consolidation. If a petition for representation of nonlicensed employees is filed within 90 days, an exclusive representative for those particular nonlicensed employees continues as the exclusive representative until the Bureau of Mediation Services certification proceedings are concluded.

(c) The terms and conditions of employment of nonlicensed employees assigned to the newly created district are temporarily governed by contracts executed by an exclusive representative for a period of 90 days from the effective date of the consolidation. If a petition for representation is filed with the Bureau of Mediation Services within the 90 days, the contractual terms and conditions of employment for those nonlicensed employees who were governed by a preexisting contract continue in effect until the Bureau of Mediation Services proceedings are concluded and, if an exclusive representative has been elected, until successor contracts are executed between the board of the newly created district and the new exclusive representative. The terms and conditions of employment of nonlicensed employees assigned to the newly created district who were not governed by a collective bargaining agreement at the time of the consolidation are governed by the policies of the board of the newly created district.

(d) The date of first employment in the newly created district is the date on which services were first performed by the employee in the preexisting district. Any sick leave, vacation time, or severance pay benefits accumulated under policies of the preexisting district or contracts between the exclusive representatives and the board of the preexisting district continue to apply in the newly created district to the employees of the preexisting districts, subject to any maximum accumulation limitations negotiated in a successor contract. Future leaves of absence, vacations, or other benefits to be accumulated in the newly created district are governed by board policy or by contract between the exclusive representative of an appropriate unit of employees and the board of the newly created district. The board of the newly created district must provide, to transferred nonlicensed employees, open enrollment in all insurance plans with no limit on preexisting conditions.

Subd. 22. Attachment of land to consolidating districts. In case of the consolidation of two or more districts or parts of districts into a larger district, any portions or parts of divided districts which have less than four sections of land shall be attached to one or more adjoining districts by the board of county commissioners upon due notice and hearing.

The county auditor shall give ten days’ posted notice of the hearing in the area to be attached and shall deliver a copy of the notice of hearing to the clerk of each district adjoining the area at least 30 days prior to the date set for the hearing. If any adjoining district by resolution of its board, a copy of which is served on the county board before the hearing, demands that area to be attached assume a proportionate share of the bonded debt of the demanding district, then if the order of the county board attaches any land area to such district, the taxable property in such area assumes its proportionate share of the authorized and outstanding bonded debt of the district to which it is attached.

Subd. 23. Retirement incentives. (a) For consolidations effective July 1, 1994, and thereafter, a board of a district may offer early retirement incentives to licensed and nonlicensed staff. The early retirement incentives that the board may offer are:

(1) the payment of employer pension plan contributions for a specified period of allowable service credit for district employees who have at least ten years of allowable service credit in the applicable pension plan under paragraph (b);

(2) an extended leave of absence for an eligible employee under section 122A.46;

(3) severance payment incentives under paragraph (c); and

(4) the employer payment of the premiums for continued health insurance coverage under paragraph (d).

These incentives may only be offered to employees who terminate active employment with the district or who enter into an extended leave of absence as a result of the consolidation. The board may determine the staff to whom the incentives are offered. Unilateral implementation of this section by a board is not an unfair labor practice under chapter 179A.

(b) An employee with at least ten years of allowable service credit in the applicable pension plan who is offered an early retirement incentive under paragraph (a), clause (1), may purchase up to five additional years of allowable service credit from the applicable pension plan. To do so, the former employee must pay the member contributions to the pension plan annually in a manner and in accord with a schedule specified by the executive director of the applicable fund. If the former employee makes the member contribution, the board must make the applicable employer contribution. The salary used to determine these contributions is the salary of the person in the last year that the former employee was employed by the district. During the period of continuing member and employer contributions, the person is not considered to be an active member of the applicable pension plan, is not eligible for any active member disability or survivorship benefit coverage, and is not included in any postemployment termination benefit plan changes unless the applicable benefit legislation provides otherwise. Continued eligibility to purchase service credit under this paragraph expires if the person is subsequently employed during the service purchase period by a public employer with retirement coverage under a pension plan specified in section 356.30, subdivision 3.

(c) Severance payment incentives must conform with sections 465.72, 465.721, and 465.722.

(d) The board may offer a former employee continued employer-paid health insurance coverage. Coverage may not extend beyond age 65 or the end of the first month in which the employee is eligible for employer-paid health insurance coverage from a new employer. For purposes of this subdivision, “employer-paid health insurance coverage” means medical, hospitalization, or health insurance coverage provided through an insurance company that is licensed to do business in the state and for which the employing unit pays more than one-half of the cost of the insurance premiums.

(e) A board may offer these incentives beginning on the day that the consolidation is approved under subdivision 14 or, if an election is not called under subdivision 11 or 12, on the day that the plat is approved by the commissioner. A board may offer these incentives until the June 30 following the effective date of the consolidation.

History: Amended by Laws 1998, c. 398, art. 5, § 55, eff. Dec. 31, 1999; Laws 1999, c. 241, art. 6, § 2; Laws 2000, c. 254, § 7; Laws 2003, c. 130, § 12; Laws 2013, c. 131, art. 2, § 6, eff. July 1, 2013; Laws 2017, c. 92, art. 2, § 3, eff. Jan. 1, 2018; Laws 2018, c. 182, art. 1, §§ 26, 27, eff. July 1, 2018.

Notes and Decisions: Election results should be upheld unless clearly illegal. Walters v. Common School Dist. No. 2550, 265 Minn. 284, 121 N.W.2d 605 (1963).

Before election, statutory requirements are treated as mandatory, but are generally construed as directory after election. Id.

Petitioners for district consolidation could not withdraw names after action by superintendent. Sullivan v. Joint Ind. Consol. Sch. Dist. No. 102, 251 Minn. 378, 88 N.W.2d 1 (1958).

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CHAPTER 123B – SCHOOL DISTRICT POWERS AND DUTIES

INDEPENDENT SCHOOL DISTRICTS

123B.09. Boards of independent school districts.

Subd. 1. School board membership. The care, management, and control of independent districts is vested in a board of directors, to be known as the school board. The term of office of a member shall be four years commencing on the first Monday in January and until a successor qualifies. The membership of the board shall consist of six elected directors together with such ex officio member as may be provided by law. The board may submit to the electors at any school election the question whether the board shall consist of seven members. If a majority of those voting on the proposition favor a seven-member board, a seventh member shall be elected at the next election of directors for a four-year term and thereafter the board shall consist of seven members.

Those districts with a seven-member board may submit to the electors at any school election at least 150 days before the next election of three members of the board the question whether the board shall consist of six members. If a majority of those voting on the proposition favor a six-member board instead of a seven-member board, three members instead of four members shall be elected at the next election of the board of directors and thereafter the board shall consist of six members.

Subd. 1a. Sex offender school board ineligibility. A sex offender who has been convicted of an offense for which registration under section 243.166 is required is ineligible to become a candidate for the office of school board member, as defined in subdivision 1. Ineligibility is determined by the registration requirements in effect at the time the offender files for office, not by the registration requirements, if any, that were in effect at the time the offender was convicted.

Subd. 2. School board member training. A member shall receive training in school finance and management developed in consultation with the Minnesota School Boards Association and consistent with section 127A.19. The School Boards Association must make available to each newly elected school board member training in school finance and management consistent with section 127A.19 within 180 days of that member taking office. The program shall be developed in consultation with the department and appropriate representatives of higher education.

Subd. 3. Causes for school board member vacancy. A vacancy in any board occurs when a member (a) dies, (b) resigns, (c) ceases to be a resident of the district, or (d) is unable to serve on such board and attend its meetings for not less than 90 days because of illness or prolonged absence from the district.

Subd. 4. Ill or absent member. A vacancy caused by a member being unable to serve on such board and attend its meetings for not less than 90 days because of illness or prolonged absence from the district, may, after the board has by resolution declared such vacancy to exist, be filled by the board at any regular or special meeting thereof for the remainder of the unexpired term, or until such ill or absent member is again able to resume duties as a member of such board, whichever date is earliest. When the ill or absent member is able to resume duties as a member of the board, the board must by resolution so determine and declare such person to be again a member of the board, and the member appointed by the board to be no longer a member thereof.

Subd. 5. Repealed by Laws 2015, c. 70, art. 1, § 63, eff. July 1, 2015.

Subd. 5a. Repealed by Laws 2016, c. 161, art. 2, § 2, eff. May 23, 2016.

Subd. 5b. Appointments to fill vacancies; special elections. (a) Any vacancy on the board, other than a vacancy described in subdivision 4, must be filled by board appointment at a regular or special meeting. The appointment shall be evidenced by a resolution entered in the minutes and shall be effective 30 days following adoption of the resolution, subject to paragraph (b). If the appointment becomes effective, it shall continue until an election is held under this subdivision. All elections to fill vacancies shall be for the unexpired term. A special election to fill the vacancy must be held no later than the first Tuesday after the first Monday in November following the vacancy. If the vacancy occurs less than 90 days prior to the first Tuesday after the first Monday in November in the year in which the vacancy occurs, the special election must be held no later than the first Tuesday after the first Monday in November of the following calendar year. If the vacancy occurs less than 90 days prior to the first Tuesday after the first Monday in November in the third year of the term, no special election is required. If the vacancy is filled by a special election, the person elected at that election for the ensuing term shall take office immediately after receiving the certificate of election, filing the bond, and taking the oath of office.

(b) An appointment made under paragraph (a) shall not be effective if a petition to reject the appointee is filed with the school district clerk. To be valid, a petition to reject an appointee must be signed by a number of eligible voters residing in the district equal to at least five percent of the total number of voters voting in the district at the most recent state general election, and must be filed within 30 days of the board’s adoption of the resolution making the appointment. If a valid petition is filed according to the requirements of this paragraph, the appointment by the school board is ineffective and the board must name a new appointee as provided in paragraph (a).

Subd. 6. Meetings. A majority of the voting members of the board shall constitute a quorum. No contract shall be made or authorized, except at a regular meeting of the board or at a special meeting at which all members are present or of which all members have had notice. Special meetings may be called by the chair or clerk or any three members upon notice mailed to each member at least three days prior thereto.

Subd. 7. Policy making. The board shall make, and when deemed advisable, change or repeal rules relating to the organization and management of the board and the duties of its officers.

Subd. 8. Duties. The board must superintend and manage the schools of the district; adopt rules for their organization, government, and instruction; keep registers; and prescribe textbooks and courses of study. The board may enter into an agreement with a postsecondary institution for secondary or postsecondary nonsectarian courses to be taught at a secondary school, nonsectarian postsecondary institution, or another location.

Subd. 9. Removing board members. The board may remove, for proper cause, any member or officer of the board and fill the vacancy; but such removal must be by a concurrent vote of at least four members, at a meeting of whose time, place, and object the charged member has been duly notified, with the reasons for such proposed removal and after an opportunity to be heard in defense against the removal.

Subd. 10. Publishing proceedings. The board must cause its official proceedings to be published once in the official newspaper of the district. Such publication shall be made within 30 days of the meeting at which such proceedings occurred. If the board determines that publication of a summary of the proceedings would adequately inform the public of the substance of the proceedings, the board may direct that only a summary be published, conforming to the requirements of section 331A.01, subdivision 10.

Subd. 11. Mailing summary of proceedings. If a board of a district that has no newspaper with its known office of issue or a secondary office located within the boundaries of the district and no newspaper that is distributed to more than one-third of the residences in the district determines that mailing a summary of its proceedings would be more economical than publication of the proceedings and that it would adequately inform the public, it may mail a summary of its proceedings to each residence in the district that can be identified as a homestead from the property tax records and to each other residence in the district that the board can identify. The county must make the property tax records available to the board for this purpose. The board must keep a copy of the summary of the proceedings as part of its records. The decision of a board to mail summaries, rather than publish the proceedings under this subdivision shall be presumed valid, subject to challenge by a court action.

Subd. 12. Board to fix compensation. The clerk, treasurer, and superintendent of any district shall receive such compensation as may be fixed by the board. Unless otherwise provided by law, the other members of the board shall also receive such compensation as may be fixed by the board. All members of the board may receive reimbursement for transportation at the rate provided for in section 471.665. No board member or school district employee shall receive any compensation or benefits based on incentives or other money provided to the school district by or from a source of group insurance coverage referenced in section 471.6161, subdivision 1, except for a refund provided under section 123B.75, subdivision 10, or a wellness plan that is mutually agreed upon by the district and the exclusive representatives of employees.

History: Amended by Laws 1999, c. 101, § 1; Laws 2000, c. 467, § 4; Laws 2014, c. 279, § 3, eff. July 1, 2014; Laws 2015, c. 70, art. 1, §§ 1, 2, eff. July 1, 2015; Laws 2016, c. 161, art. 2, § 1, eff. May 23, 2016; Laws 2017, c. 92, art. 1, § 8, eff. July 1, 2017.

Notes and Decisions: Because school boards must vary from the four-year election cycle in order to transition elections from odd-numbered to even-numbered years, a successor school board member may qualify later, depending on the transition plan adopted. Houck v. Eastern Carver County Schools, 787 N.W.2d 227 (Minn. App. 2010).

 

123B.095. Repealed by Laws 2016, c. 161, art. 2, § 2, eff. May 23, 2016.

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CHAPTER 126C – EDUCATION FUNDING

GENERAL EDUCATION REVENUE

126C.17. Referendum revenue

<Text of subd. 1 effective for revenue until fiscal year 2021.>

Subd. 1. Referendum allowance. (a) A district’s initial referendum allowance equals the result of the following calculations:

(1) multiply the referendum allowance the district would have received for fiscal year 2015 under Minnesota Statutes 2012, section 126C.17, subdivision 1, based on elections held before July 1, 2013, by the resident marginal cost pupil units the district would have counted for fiscal year 2015 under Minnesota Statutes 2012, section 126C.05;

(2) add to the result of clause (1) the adjustment the district would have received under Minnesota Statutes 2012, section 127A.47, subdivision 7, paragraphs (a), (b), and (c), based on elections held before July 1, 2013;

(3) divide the result of clause (2) by the district’s adjusted pupil units for fiscal year 2015;

(4) add to the result of clause (3) any additional referendum allowance per adjusted pupil unit authorized by elections held between July 1, 2013, and December 31, 2013;

(5) add to the result in clause (4) any additional referendum allowance resulting from inflation adjustments approved by the voters prior to January 1, 2014;

(6) subtract from the result of clause (5), the sum of a district’s actual local optional levy and local optional aid under section 126C.10, subdivision 2e, divided by the adjusted pupil units of the district for that school year; and

(7) if the result of clause (6) is less than zero, set the allowance to zero.

(b) A district’s referendum allowance equals the sum of the district’s initial referendum allowance, plus any new referendum allowance authorized between July 1, 2013, and December 31, 2013, under subdivision 9a, plus any additional referendum allowance per adjusted pupil unit authorized after December 31, 2013, minus any allowances expiring in fiscal year 2016 or later, provided that the allowance may not be less than zero. For a district with more than one referendum allowance for fiscal year 2015 under Minnesota Statutes 2012, section 126C.17, the allowance calculated under paragraph (a), clause (3), must be divided into components such that the same percentage of the district’s allowance expires at the same time as the old allowances would have expired under Minnesota Statutes 2012, section 126C.17. For a district with more than one allowance for fiscal year 2015 that expires in the same year, the reduction under paragraph (a), clause (6), to offset local optional revenue shall be made first from any allowances that do not have an inflation adjustment approved by the voters.

<Text of subd. 1 effective for revenue for fiscal year 2021 and later.>

Subd. 1. Referendum allowance. (a) A district’s initial referendum allowance for fiscal year 2021 and later equals the result of the following calculations:

(1) subtract $424 from the district’s allowance under Minnesota Statutes 2018, section 126C.17, subdivision 1, paragraph (a), clause (5);

(2) if the result of clause (1) is less than zero, set the allowance to zero;

(3) add to the result in clause (2) any new referendum allowance authorized between July 1, 2013, and December 31, 2013, under Minnesota Statutes 2013, section 126C.17, subdivision 9a;

(4) add to the result in clause (3) any additional referendum allowance per adjusted pupil unit authorized between January 1, 2014, and June 30, 2019;

(5) subtract from the result in clause (4) any allowances expiring in fiscal year 2016, 2017, 2018, 2019, or 2020;

(6) subtract $300 from the result in clause (5); and

(7) if the result of clause (6) is less than zero, set the allowance to zero.

(b) A district’s referendum allowance equals the sum of the district’s initial referendum allowance, plus any new referendum allowance authorized after July 1, 2019, minus any allowances expiring in fiscal year 2021 or later, plus any inflation adjustments for fiscal year 2021 and later approved by the voters prior to July 1, 2019, provided that the allowance may not be less than zero. For a district with more than one allowance for fiscal year 2015 that expires in the same year, the reduction under paragraph (a), clauses (1) and (6), shall be made first from any allowances that do not have an inflation adjustment approved by the voters.

<Text of subd. 2 effective for revenue before fiscal year 2021.>

<Text of subd. 2 effective for revenue until fiscal year 2021.>

Subd. 2. Referendum allowance limit. (a) Notwithstanding subdivision 1, for fiscal year 2015 and later, a district’s referendum allowance must not exceed the annual inflationary increase as calculated under paragraph (b) times the greatest of:

(1) $1,845;

(2) the sum of the referendum revenue the district would have received for fiscal year 2015 under Minnesota Statutes 2012, section 126C.17, subdivision 4, based on elections held before July 1, 2013, and the adjustment the district would have received under Minnesota Statutes 2012, section 127A.47, subdivision 7, paragraphs (a), (b), and (c), based on elections held before July 1, 2013, divided by the district’s adjusted pupil units for fiscal year 2015;

(3) the product of the referendum allowance limit the district would have received for fiscal year 2015 under Minnesota Statutes 2012, section 126C.17, subdivision 2, and the resident marginal cost pupil units the district would have received for fiscal year 2015 under Minnesota Statutes 2012, section 126C.05, subdivision 6, plus the adjustment the district would have received under Minnesota Statutes 2012, section 127A.47, subdivision 7, paragraphs (a), (b), and (c), based on elections held before July 1, 2013, divided by the district’s adjusted pupil units for fiscal year 2015; minus $424; or

(4) for a newly reorganized district created after July 1, 2013, the referendum revenue authority for each reorganizing district in the year preceding reorganization divided by its adjusted pupil units for the year preceding reorganization.

(b) For purposes of this subdivision, for fiscal year 2016 and later, “inflationary increase” means one plus the percentage change in the Consumer Price Index for urban consumers, as prepared by the United States Bureau of Labor Standards, for the current fiscal year to fiscal year 2015. For fiscal year 2016 and later, for purposes of paragraph (a), clause (3), the inflationary increase equals one-fourth of the percentage increase in the formula allowance for that year compared with the formula allowance for fiscal year 2015.

<Text of subd. 2 effective for revenue for fiscal year 2021 and later.>

Subd. 2. Referendum allowance limit. (a) Notwithstanding subdivision 1, for fiscal year 2021 and later, a district’s referendum allowance must not exceed the greater of:

(1) the product of the annual inflationary increase as calculated under paragraph (b), and $2,079.50, minus $300;

(2) the product of the annual inflationary increase as calculated under paragraph (b), and the referendum allowance limit the district would have received for fiscal year 2021 under Minnesota Statutes 2018, section 126C.17, subdivision 2, paragraph (a), clause (2), minus $300;

(3) for a newly reorganized district created on July 1, 2020, the referendum revenue authority for each reorganizing district in the year preceding reorganization divided by its adjusted pupil units for the year preceding reorganization, minus $300; or

(4) for a newly reorganized district created after July 1, 2020, the referendum revenue authority for each reorganizing district in the year preceding reorganization divided by its adjusted pupil units for the year preceding reorganization.

(b) For purposes of this subdivision, for fiscal year 2022 and later, “inflationary increase” means one plus the percentage change in the Consumer Price Index for urban consumers, as prepared by the United States Bureau of Labor Statistics, for the current fiscal year to fiscal year 2021.

Subd. 3. Sparsity exception. A district that qualifies for sparsity revenue under section 126C.10 is not subject to a referendum allowance limit.

Subd. 4. Total referendum revenue. The total referendum revenue for each district equals the district’s referendum allowance times the adjusted pupil units for the school year.

<Text of subd. 5 effective for revenue until fiscal year 2021.>

Subd. 5. Referendum equalization revenue. (a) A district’s referendum equalization revenue equals the sum of the first tier referendum equalization revenue and the second tier referendum equalization revenue, and the third tier referendum equalization revenue.

(b) A district’s first tier referendum equalization revenue equals the district’s first tier referendum equalization allowance times the district’s adjusted pupil units for that year.

(c) A district’s first tier referendum equalization allowance equals the lesser of the district’s referendum allowance under subdivision 1 or $300.

(d) A district’s second tier referendum equalization revenue equals the district’s second tier referendum equalization allowance times the district’s adjusted pupil units for that year.

(e) A district’s second tier referendum equalization allowance equals the lesser of the district’s referendum allowance under subdivision 1 or $760, minus the district’s first tier referendum equalization allowance.

(f) A district’s third tier referendum equalization revenue equals the district’s third tier referendum equalization allowance times the district’s adjusted pupil units for that year.

(g) A district’s third tier referendum equalization allowance equals the lesser of the district’s referendum allowance under subdivision 1 or 25 percent of the formula allowance, minus the sum of the district’s first tier referendum equalization allowance and second tier referendum equalization allowance.

(h) Notwithstanding paragraph (g), the third tier referendum allowance for a district qualifying for secondary sparsity revenue under section 126C.10, subdivision 7, or elementary sparsity revenue under section 126C.10, subdivision 8, equals the district’s referendum allowance under subdivision 1 minus the sum of the district’s first tier referendum equalization allowance and second tier referendum equalization allowance.

<Text of subd. 5 effective for revenue for fiscal year 2021 and later.>

Subd. 5. Referendum equalization revenue. (a) A district’s referendum equalization revenue equals the sum of the first tier referendum equalization revenue and the second tier referendum equalization revenue.

(b) A district’s first tier referendum equalization revenue equals the district’s first tier referendum equalization allowance times the district’s adjusted pupil units for that year.

(c) A district’s first tier referendum equalization allowance equals the lesser of the district’s referendum allowance under subdivision 1 or $460.

(d) A district’s second tier referendum equalization revenue equals the district’s second tier referendum equalization allowance times the district’s adjusted pupil units for that year.

(e) A district’s second tier referendum equalization allowance equals the lesser of the district’s referendum allowance under subdivision 1 or 25 percent of the formula allowance, minus the sum of $300 and the district’s first tier referendum equalization allowance.

(f) Notwithstanding paragraph (e), the second tier referendum allowance for a district qualifying for secondary sparsity revenue under section 126C.10, subdivision 7, or elementary sparsity revenue under section 126C.10, subdivision 8, equals the district’s referendum allowance under subdivision 1 minus the district’s first tier referendum equalization allowance.

<Text of subd. 6 effective for revenue until fiscal year 2021.>

Subd. 6. Referendum equalization levy. (a) A district’s referendum equalization levy equals the sum of the first tier referendum equalization levy, the second tier referendum equalization levy, and the third tier referendum equalization levy.

(b) A district’s first tier referendum equalization levy equals the district’s first tier referendum equalization revenue times the lesser of one or the ratio of the district’s referendum market value per resident pupil unit to $880,000.

(c) A district’s second tier referendum equalization levy equals the district’s second tier referendum equalization revenue times the lesser of one or the ratio of the district’s referendum market value per resident pupil unit to $510,000.

(d) A district’s third tier referendum equalization levy equals the district’s third tier referendum equalization revenue times the lesser of one or the ratio of the district’s referendum market value per resident pupil unit to $290,000.

<Text of subd. 6 effective for revenue for fiscal year 2021 and later.>

Subd. 6. Referendum equalization levy. (a) A district’s referendum equalization levy equals the sum of the first tier referendum equalization levy and the second tier referendum equalization levy.

(b) A district’s first tier referendum equalization levy equals the district’s first tier referendum equalization revenue times the lesser of one or the ratio of the district’s referendum market value per resident pupil unit to $567,000.

(c) A district’s second tier referendum equalization levy equals the district’s second tier referendum equalization revenue times the lesser of one or the ratio of the district’s referendum market value per resident pupil unit to $290,000.

<Text of subd. 7 effective for revenue until fiscal year 2021.>

Subd. 7. Referendum equalization aid. (a) A district’s referendum equalization aid equals the difference between its referendum equalization revenue and levy.

(b) If a district’s actual levy for first, second, or third tier referendum equalization revenue is less than its maximum levy limit for that tier, aid shall be proportionately reduced.

(c) Notwithstanding paragraph (a), the referendum equalization aid for a district, where the referendum equalization aid under paragraph (a) exceeds 90 percent of the referendum revenue, must not exceed 25 percent of the formula allowance times the district’s adjusted pupil units. A district’s referendum levy is increased by the amount of any reduction in referendum aid under this paragraph.

<Text of subd. 7 effective for revenue for fiscal year 2021 and later.>

Subd. 7. Referendum equalization aid. (a) A district’s referendum equalization aid equals the difference between its referendum equalization revenue and levy.

(b) If a district’s actual levy for first or second tier referendum equalization revenue is less than its maximum levy limit for that tier, aid shall be proportionately reduced.

(c) Notwithstanding paragraph (a), the referendum equalization aid for a district must not exceed: (1) 25 percent of the formula allowance minus $300; times (2) the district’s adjusted pupil units. A district’s referendum levy is increased by the amount of any reduction in referendum aid under this paragraph.

<Text of subd. 7a effective for revenue until fiscal year 2021.>

Subd. 7a. Referendum tax base replacement aid. For each school district that had a referendum allowance for fiscal year 2002 exceeding $415, for each separately authorized referendum levy, the commissioner of revenue, in consultation with the commissioner of education, shall certify the amount of the referendum levy in taxes payable year 2001 attributable to the portion of the referendum allowance exceeding $415 levied against property classified as class 2, noncommercial 4c(1), or 4c(4), under section 273.13, excluding the portion of the tax paid by the portion of class 2a property consisting of the house, garage, and surrounding one acre of land. The resulting amount must be used to reduce the district’s referendum levy amount otherwise determined, and must be paid to the district each year that the referendum authority remains in effect, is renewed, or new referendum authority is approved. The aid payable under this subdivision must be subtracted from the district’s referendum equalization aid under subdivision 7. The referendum equalization aid after the subtraction must not be less than zero.

<Text of subd. 7a effective for revenue for fiscal year 2021 and later.>

Subd. 7a. Referendum tax base replacement aid. For each school district that had a referendum allowance for fiscal year 2002 exceeding $415, for each separately authorized referendum levy, the commissioner of revenue, in consultation with the commissioner of education, shall certify the amount of the referendum levy in taxes payable year 2001 attributable to the portion of the referendum allowance exceeding $415 levied against property classified as class 2, noncommercial 4c(1), or 4c(4), under section 273.13, excluding the portion of the tax paid by the portion of class 2a property consisting of the house, garage, and surrounding one acre of land. The resulting amount must be used to reduce the district’s referendum levy or first tier local optional levy amount otherwise determined, and must be paid to the district each year that the referendum or first tier local optional authority remains in effect, is renewed, or new referendum authority is approved. The aid payable under this subdivision must be subtracted from the district’s referendum equalization aid under subdivision 7. The referendum equalization aid and the first tier local optional aid after the subtraction must not be less than zero.

Subd. 7b. Referendum aid guarantee. (a) Notwithstanding subdivision 7, the sum of a district’s referendum equalization aid and local optional aid under section 126C.10, subdivision 2e, for fiscal year 2015 must not be less than the sum of the referendum equalization aid the district would have received for fiscal year 2015 under Minnesota Statutes 2012, section 126C.17, subdivision 7, and the adjustment the district would have received under Minnesota Statutes 2012, section 127A.47, subdivision 7, paragraphs (a), (b), and (c).

(b) Notwithstanding subdivision 7, the sum of referendum equalization aid and local optional aid under section 126C.10, subdivision 2e, for fiscal year 2016 and later, for a district qualifying for additional aid under paragraph (a) for fiscal year 2015, must not be less than the product of (1) the sum of the district’s referendum equalization aid and local optional aid under section 126C.10, subdivision 2e, for fiscal year 2015, times (2) the lesser of one or the ratio of the sum of the district’s referendum revenue and local optional revenue for that school year to the sum of the district’s referendum revenue and local optional revenue for fiscal year 2015, times (3) the lesser of one or the ratio of the district’s referendum market value used for fiscal year 2015 referendum equalization calculations to the district’s referendum market value used for that year’s referendum equalization calculations.

Subd. 8. Unequalized referendum levy. Each year, a district may levy an amount equal to the difference between its total referendum revenue according to subdivision 4 and its referendum equalization revenue according to subdivision 5.

Subd. 9. Referendum revenue. (a) The revenue authorized by section 126C.10, subdivision 1, may be increased in the amount approved by the voters of the district at a referendum called for the purpose. The referendum may be called by the board. The referendum must be conducted one or two calendar years before the increased levy authority, if approved, first becomes payable. Only one election to approve an increase may be held in a calendar year. Unless the referendum is conducted by mail under subdivision 11, paragraph (a), the referendum must be held on the first Tuesday after the first Monday in November. The ballot must state the maximum amount of the increased revenue per adjusted pupil unit. The ballot may state a schedule, determined by the board, of increased revenue per adjusted pupil unit that differs from year to year over the number of years for which the increased revenue is authorized or may state that the amount shall increase annually by the rate of inflation. For this purpose, the rate of inflation shall be the annual inflationary increase calculated under subdivision 2, paragraph (b). The ballot may state that existing referendum levy authority is expiring. In this case, the ballot may also compare the proposed levy authority to the existing expiring levy authority, and express the proposed increase as the amount, if any, over the expiring referendum levy authority. The ballot must designate the specific number of years, not to exceed ten, for which the referendum authorization applies. The ballot, including a ballot on the question to revoke or reduce the increased revenue amount under paragraph (c), must abbreviate the term “per adjusted pupil unit” as “per pupil.” The notice required under section 275.60 may be modified to read, in cases of renewing existing levies at the same amount per pupil as in the previous year:

“BY VOTING “YES” ON THIS BALLOT QUESTION, YOU ARE VOTING TO EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS SCHEDULED TO EXPIRE.”

The ballot may contain a textual portion with the information required in this subdivision and a question stating substantially the following:

“Shall the increase in the revenue proposed by (petition to) the board of ……., School District No. …, be approved?”

If approved, an amount equal to the approved revenue per adjusted pupil unit times the adjusted pupil units for the school year beginning in the year after the levy is certified shall be authorized for certification for the number of years approved, if applicable, or until revoked or reduced by the voters of the district at a subsequent referendum.

(b) The board must deliver by mail at least 15 days but no more than 30 days before the day of the referendum to each taxpayer a notice of the referendum and the proposed revenue increase. The board need not mail more than one notice to any taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be those shown to be owners on the records of the county auditor or, in any county where tax statements are mailed by the county treasurer, on the records of the county treasurer. Every property owner whose name does not appear on the records of the county auditor or the county treasurer is deemed to have waived this mailed notice unless the owner has requested in writing that the county auditor or county treasurer, as the case may be, include the name on the records for this purpose. The notice must project the anticipated amount of tax increase in annual dollars for typical residential homesteads, agricultural homesteads, apartments, and commercial-industrial property within the school district.

The notice for a referendum may state that an existing referendum levy is expiring and project the anticipated amount of increase over the existing referendum levy in the first year, if any, in annual dollars for typical residential homesteads, agricultural homesteads, apartments, and commercial-industrial property within the district.

The notice must include the following statement: “Passage of this referendum will result in an increase in your property taxes.” However, in cases of renewing existing levies, the notice may include the following statement: “Passage of this referendum extends an existing operating referendum at the same amount per pupil as in the previous year.”

(c) A referendum on the question of revoking or reducing the increased revenue amount authorized pursuant to paragraph (a) may be called by the board. A referendum to revoke or reduce the revenue amount must state the amount per adjusted pupil unit by which the authority is to be reduced. Revenue authority approved by the voters of the district pursuant to paragraph (a) must be available to the school district at least once before it is subject to a referendum on its revocation or reduction for subsequent years. Only one revocation or reduction referendum may be held to revoke or reduce referendum revenue for any specific year and for years thereafter.

(d) The approval of 50 percent plus one of those voting on the question is required to pass a referendum authorized by this subdivision.

(e) At least 15 days before the day of the referendum, the district must submit a copy of the notice required under paragraph (b) to the commissioner and to the county auditor of each county in which the district is located. Within 15 days after the results of the referendum have been certified by the board, or in the case of a recount, the certification of the results of the recount by the canvassing board, the district must notify the commissioner of the results of the referendum.

Subd. 9a. Repealed by Laws 2019, 1st Sp., c. 11, art. 1, § 26, eff. July 1, 2019.

Subd. 10. School referendum levy; market value. A school referendum levy must be levied against the referendum market value of all taxable property as defined in section 126C.01, subdivision 3. Any referendum levy amount subject to the requirements of this subdivision must be certified separately to the county auditor under section 275.07.

Subd. 11. Referendum date. (a) Except for a referendum held under paragraph (b), any referendum under this section held on a day other than the first Tuesday after the first Monday in November must be conducted by mail in accordance with section 204B.46. Notwithstanding subdivision 9, paragraph (b), to the contrary, in the case of a referendum conducted by mail under this paragraph, the notice required by subdivision 9, paragraph (b), must be prepared and delivered by first-class mail at least 20 days before the referendum.

(b) In addition to the referenda allowed in subdivision 9, paragraph (a), the commissioner may grant authority to a district to hold a referendum on a different day if the district is in statutory operating debt and has an approved plan or has received an extension from the department to file a plan to eliminate the statutory operating debt.

(c) The commissioner must approve, deny, or modify each district’s request for a referendum levy on a different day within 60 days of receiving the request from a district.

Subd. 12. Repealed by Laws 2001, 1st Sp., c. 6, art. 1, § 55, subd. 1, par. (b).

Subd. 13. Repealed by Laws 2013, c. 116, art. 1, § 59, par. (b), eff. July 1, 2014.

History: Amended by Laws 1999, c. 241, art. 1, §§ 40 to 45; Laws 2000, c. 489, art. 2, § 23, eff. May 16, 2000; Laws 2001, 1st Sp., c. 5, art. 2, §§ 12 to 19; Laws 2001, 1st Sp., c. 6, art. 1, §§ 31 to 34; Laws 2002, c. 220, art. 3, § 18; Laws 2002, c. 374, art. 4, § 7; Laws 2002, c. 377, art. 10, § 2; Laws 2003, 1st Sp., c. 9, art. 1, §§ 35 to 41; Laws 2003, 1st Sp., c. 23, § 14; Laws 2005, 1st Sp., c. 5, art. 1, §§ 29 to 33; Laws 2006, c. 259, art. 4, § 2; Laws 2006, c. 263, art. 1, § 13; Laws 2008, c. 277, art. 1, § 11, eff. July 1, 2008; Laws 2008, c. 363, art. 2, § 22, eff. July 1, 2008; Laws 2009, c. 96, art. 1, § 14, eff. July 2, 2009; Laws 2013, c. 143, art. 3, § 5, eff. July 1, 2014; Laws 2014, c. 150, art. 4, § 4, eff. July 1, 2015; Laws 2014, c. 312, art. 15, §§ 16 to 19, 30, eff. July 1, 2014; Laws 2015, 1st Sp., c. 3, art. 1, §§ 12, 13, eff. June 14, 2015; Laws 2017, c. 92, art. 2, § 5, eff. Jan. 1, 2018; Laws 2017, 1st Sp., c. 5, art. 1, § 14, eff. Aug. 1, 2017; Laws 2019, 1st Sp., c. 11, art. 1, § 26, eff. July 1, 2019; Laws 2019, 1st Sp., c. 6, art. 5, § 1, eff. for revenue for fiscal year 2021 and later; Laws 2019, 1st Sp., c. 11, art. 1, §§ 15 to 20, eff. for revenue for fiscal year 2021 and later; Laws 2020, c. 116, art. 5, § 3, eff. for fiscal year 2016 and later; Laws 2020, c. 116, art. 5, § 2, eff. for revenue for fiscal year 2021 and later.

Notes and Decisions: School district’s act of placing levy questions on the ballot was not an act to “promote” the levy questions, which would invoke campaign finance reporting requirements, but was instead an independent placement of a proposition on the ballot, as authorized by election law and education-code provisions. In seeking voter approval of a levy ballot question, a school district has the obligation and discretionary authority to explain to voters the purposes and anticipated impact of the proposed levy. Minnesota Voters Alliance v. Anoka-Hennepin Sch. Dist., 868 N.W.2d 703 (Minn. App. 2015).

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CHAPTER 135A – PUBLIC POSTSECONDARY EDUCATION

MISCELLANEOUS

135A.17. Provisions to facilitate voting.

Subd. 1. Identification cards. All postsecondary institutions that enroll students accepting state or federal financial aid may provide every full-time student a student identification card that contains the enrolling student’s photograph and name.

Subd. 2. Residential housing list. All postsecondary institutions that enroll students accepting state or federal financial aid may prepare a current list of students enrolled in the institution and residing in the institution’s housing or within ten miles of the institution’s campus. The list shall include each student’s current address. The list shall be certified and sent to the appropriate county auditor or auditors for use in election day registration as provided under section 201.061, subdivision 3. A residential housing list provided under this subdivision may not be used or disseminated by a county auditor or the secretary of state for any other purpose.

History: Laws 1991, c. 227, § 2. Amended by Laws 2008, c. 244, art. 1, § 1, eff. June 1, 2008.

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CHAPTER 160 – ROADS, GENERAL PROVISIONS

RIGHT-OF-WAY USE RESTRICTIONS

160.27. Particular uses of right-of-way; misdemeanors

Subd. 6. Removal of unauthorized advertisement, building, or structure. The road authorities may take down, remove, or destroy any advertisement, building, or structure in or upon any highway in violation of this section and section 160.2715.

History: Laws 1959, c. 500, art. 1, § 27. Amended by Laws 1973, c. 123, art. 5, § 7; Laws 1977, c. 334, § 1, eff. May 28, 1977; Laws 1979, c. 275, § 1; Laws 1980, c. 435, § 1; Laws 1980, c. 533, § 2, eff. April 12, 1980; Laws 1986, c. 387, § 1; Laws 1986, c. 398, art. 27, § 2, eff. March 22, 1986; Laws 1986, c. 435, § 1; Laws 1989, c. 179, § 2; Laws 1995, c. 23, § 1; Laws 1998, c. 283, §§ 1, 2, eff. March 17, 1998; Laws 1998, c. 403, § 5, eff. April 21, 1998; Laws 1998, c. 403, § 6; Laws 2015, c. 75, art. 2, § 7, eff. July 1, 2015; Laws 2016, c. 168, §§ 1 to 5, eff. June 1, 2016.

 

160.2715. Right-of-way use; misdemeanors.

(a) Except for the actions of the road authorities, their agents, employees, contractors, and utilities in carrying out their duties imposed by law or contract, and except as herein provided, it shall be unlawful to:

(1) obstruct any highway or deposit snow or ice thereon;

(2) plow or perform any other detrimental operation within the road right-of-way except in the preparation of the land for planting permanent vegetative cover or as authorized under section 160.232;

(3) erect a fence on the right-of-way of a trunk highway, county state-aid highway, county highway, or town road, except to erect a lane fence to the ends of a livestock pass;

(4) erect or reconstruct driveway headwalls in or on the right-of-way of a highway or road, except as may be allowed by permit from the road authority imposing reasonable regulations as are necessary to prevent interference with the construction, maintenance, and safe use of the highway or road and its appurtenances;

(5) dig any holes in any highway, except to locate markers placed to identify sectional corner positions and private boundary corners;

(6) remove any earth, gravel, or rock from any highway;

(7) obstruct any ditch draining any highway or drain any noisome materials into any ditch;

(8) place or maintain any building or structure within the limits of any highway;

(9) place or maintain any advertisement within the limits of any highway, except as provided in section 160.27, subdivision 7;

(10) paint, print, place, or affix any advertisement or any object within the limits of any highway, except as provided in section 160.27, subdivision 7;

(11) deface, mar, damage, or tamper with any structure, work, material, equipment, tools, signs, markers, signals, paving, guardrails, drains, or any other highway appurtenance on or along any highway;

(12) remove, injure, displace, or destroy right-of-way markers, or reference or witness monuments, or markers placed to preserve section or quarter-section corners;

(13) improperly place or fail to place warning signs and detour signs as provided by law;

(14) drive over, through, or around any barricade, fence, or obstruction erected for the purpose of preventing traffic from passing over a portion of a highway closed to public travel or to remove, deface, or damage any such barricade, fence, or obstruction.

(b) Any violation of this section is a misdemeanor.

History: Laws 1959, c. 500, art. 1, § 27. Amended by Laws 1973, c. 123, art. 5, § 7; Laws 1977, c. 334, § 1, eff. May 28, 1977; Laws 1979, c. 275, § 1; Laws 1980, c. 435, § 1; Laws 1980, c. 533, § 2, eff. April 12, 1980; Laws 1986, c. 387, § 1; Laws 1986, c. 398, art. 27, § 2, eff. March 22, 1986; Laws 1986, c. 435, § 1; Laws 1989, c. 179, § 2; Laws 1995, c. 23, § 1; Laws 1998, c. 283, §§ 1, 2, eff. March 17, 1998; Laws 1998, c. 403, § 5, eff. April 21, 1998; Laws 1998, c. 403, § 6.

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CHAPTER 171 – DRIVERS’ LICENSES AND TRAINING SCHOOLS

DRIVERS’ LICENSES

171.11. Duplicate license; change of domicile or name.

When any person, after applying for or receiving a driver’s license, shall change permanent domicile from the address named in such application or in the license issued to the person, or shall change a name by marriage or otherwise, such person shall, within 30 days thereafter, apply for a duplicate driver’s license upon a form furnished by the department and pay the required fee. The application or duplicate license shall show both the licensee’s old address and new address or the former name and new name as the case may be.

History: Amended by Laws 1986, c. 444; Laws 1993, c. 266, § 24.

 

171.12. Driving record; filing; private data.

Subd. 7a. Disclosure of personal information. The commissioner shall disclose personal information where the use is related to the operation of a motor vehicle or to public safety. The use of personal information is related to public safety if it concerns the physical safety or security of drivers, vehicles, pedestrians, or property. The commissioner may refuse to disclose data under this subdivision when the commissioner concludes that the requester is likely to use the data for illegal, improper, or noninvestigative purposes. The commissioner shall disclose personal information to the secretary of state for the purpose of increasing voter registration and improving the accuracy of voter registration records in the statewide voter registration system. The secretary of state may not retain data provided by the commissioner under this subdivision for more than 60 days.

History: Amended by Laws 1967, c. 205, § 1, eff. April 22, 1967; Laws 1969, c. 871, § 2, eff. May 29, 1969; Laws 1975, c. 393, § 2; Laws 1986, c. 444; Laws 1986, c. 454, § 24; Laws 1988, c. 670, § 10, eff. April 27, 1988; Laws 1989, c. 307, § 24, eff. Jan. 1, 1990; Laws 1990, c. 461, § 2; Laws 1993, c. 266, § 25; Laws 1993, c. 326, art. 11, §§ 3, 4; Laws 1994, c. 501, §§ 4 to 6; Laws 1994, c. 615, § 19; Laws 1994, c. 618, art. 1, § 25, eff. May 11, 1994; Laws 1995, c. 257, art. 1, § 10; Laws 1995, c. 259, art. 1, § 37; Laws 1996, c. 440, art. 1, §§ 43, 44; Laws 1996, c. 455, art. 1, § 9, eff. May 1, 1996; Laws 1997, 1st Sp., c. 2, § 53; Laws 1998, c. 371, § 9; Laws 1998, c. 388, § 19; Laws 1999, c. 139, art. 4, § 2; Laws 2000, c. 478, art. 2, § 7; Laws 2002, c. 368, § 2; Laws 2004, c. 283, § 11; Laws 2005, c. 163, § 78; Laws 2005, c. 164, § 29, eff. June 4, 2005; Laws 2005, 1st Sp., c. 6, art. 3, §§ 68, 69, eff. July 15, 2005; Laws 2005, 1st Sp., c. 7, § 28, eff. July 26, 2005; Laws 2007, c. 54, art. 3, § 3, eff. July 1, 2007; Laws 2008, c. 277, art. 1, § 24, eff. July 1, 2008; Laws 2009, c. 94, art. 3, § 12, eff. July 1, 2009; Laws 2010, c. 242, §§ 8, 9, eff. Aug. 1, 2011; Laws 2010, c. 316, § 14, eff. June 1, 2012; Laws 2012, c. 287, art. 4, § 35, eff. Aug. 1, 2012; Laws 2014, c. 180, § 9, eff. Aug. 1, 2014; Laws 2014, c. 238, § 1, eff. May 14, 2014; Laws 2014, c. 293, § 9, eff. Jan. 1, 2015; Laws 2017, c. 76, § 19; Laws 2017, c. 76, §§ 20 to 22, eff. May 19, 2017; Laws 2017, c. 83, art. 3, § 18, eff. July 1, 2017; Laws 2017, 1st Sp., c. 3, art. 3, § 76, eff. July 1, 2017; Laws 2019, 1st Sp., c. 3, art. 3, § 76, (contingent effective date).

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CHAPTER 256 – HUMAN SERVICES

SOCIAL WELFARE FUND

256.925. Optional voter registration for public assistance applicants and recipients.

A county agency shall provide voter registration cards to every individual eligible to vote who applies for a public assistance program at the time application is made. The agency shall also make voter registration cards available to a public assistance recipient upon the recipient’s request or at the time of the recipient’s eligibility redetermination. The county agency shall assist applicants and recipients in completing the voter registration cards, as needed. Applicants must be informed that completion of the cards is optional. Completed forms shall be collected by agency employees and submitted to proper election officials.

History: Laws 1988, c. 689, art. 2, § 136.

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CHAPTER 275 – TAXES; LEVY, EXTENSION

275.60. Levy or bond referendum; ballot notice.

(a) Notwithstanding any general or special law or any charter provisions, but subject to section 126C.17, subdivision 9, any question submitted to the voters by any local governmental subdivision at a general or special election after June 8, 1995, authorizing a property tax levy or tax rate increase, including the issuance of debt obligations payable in whole or in part from property taxes, must include on the ballot the following notice in boldface type:

“BY VOTING “YES” ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE.”

(b) For purposes of this section and section 275.61, “local governmental subdivision” includes counties, home rule and statutory cities, towns, school districts, and all special taxing districts. This statement is in addition to any general or special laws or any charter provisions that govern the contents of a ballot question and, in the case of a question on the issuance of debt obligations, may be supplemented by a description of revenues pledged to payment of the obligations that are intended as the primary source of payment.

(c) This section does not apply to a school district bond election if the debt service payments are to be made entirely from transfers of revenue from the capital fund to the debt service fund.

History: Laws 1991, c. 291, art. 1, § 28. Amended by Laws 1995, 1st Sp., c. 3, art. 1, § 53; Laws 1998, c. 397, art. 11, § 3, eff. July 1, 1998; Laws 2001, c. 214, § 3, eff. May 30, 2001.

 

275.61. Voter-approved levy; market value.

Subd. 1. Market value. (a) For local governmental subdivisions other than school districts, any levy approved by the voters at a general or special election shall be levied against the referendum market value of all taxable property within the governmental subdivision, as defined in section 126C.01, subdivision 3. Any levy amount subject to the requirements of this section shall be certified separately to the county auditor under section 275.07.

(b) The ballot shall state the maximum amount of the increased levy as a percentage of market value and the amount that will be raised by the new referendum tax rate in the first year it is to be levied.

(c) This subdivision does not apply to tax levies for the payment of debt obligations that are approved by the voters after June 30, 2008.

Subd. 2. Expired in St.2002; repealed by Laws 2005, c. 151, art. 5, § 46, par. (a), eff. June 3, 2005.

History: Laws 1991, c. 291, art. 1, § 29. Amended by Laws 1992, c. 511, art. 2, § 22; Laws 1996, c. 471, art. 3, § 21; Laws 1998, c. 397, art. 11, § 3, eff. July 1, 1998; Laws 2001, 1st Sp., c. 5, art. 3, § 53; Laws 2008, c. 154, art. 10, § 3, eff. March 8, 2008.

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CHAPTER 289A – ADMINISTRATION AND COMPLIANCE

FILING, REPORTING, REGISTRATION REQUIREMENTS

289A.08. Filing requirements for individual income, fiduciary income, corporate franchise, mining company, and entertainment taxes

Subd. 14. Voter registration form. The commissioner shall insert securely in the individual income tax return form or instruction booklet distributed for an odd-numbered year a voter registration form, returnable to the secretary of state. The form shall be designed according to rules adopted by the secretary of state. This requirement applies to forms and booklets supplied to post offices, banks, and other outlets, as well as to those mailed directly to taxpayers.

History: Laws 1990, c. 480, art. 1, §§ 3, 46. Amended by Laws 1990, c. 480, art. 5, §§ 4, 5; Laws 1990, c. 604, art. 10, § 23; Laws 1991, c. 291, art. 6, § 46; Laws 1991, c. 291, art. 11, § 3; Laws 1992, c. 511, art. 6, § 19; Laws 1993, c. 375, art. 2, §§ 3 to 5, eff. May 25, 1993; Laws 1993, c. 375, art. 8, § 14; Laws 1994, c. 416, art. 2, § 1; Laws 1994, c. 587, art. 1, § 24; Laws 1997, c. 31, art. 1, § 3; Laws 1997, c. 84, art. 2, § 1; Laws 2000, c. 490, art. 4, § 1; Laws 2003, 1st Sp., c. 1, art. 2, § 81; Laws 2003, 1st Sp., c. 21, art. 11, § 12; Laws 2005, c. 151, art. 2, § 17; Laws 2005, c. 151, art. 6, § 1; Laws 2005, c. 151, art. 9, § 15; Laws 2005, 1st Sp., c. 3, art. 3, §§ 1 to 3; Laws 2008, c. 154, art. 11, § 2, eff. Jan. 1, 2008; Laws 2008, c. 277, art. 1, § 61, eff. July 1, 2008; Laws 2009, c. 86, art. 1, § 53, eff. Aug. 1, 2009; Laws 2009, c. 88, art. 7, § 1, eff. Jan. 1, 2009; Laws 2010, c. 215, art. 12, § 29, eff. Jan. 1, 2011; Laws 2010, c. 389, art. 3, § 1, eff. May 28, 2010; Laws 2011, c. 112, art. 1, §§ 2, 3, eff. Jan. 1, 2011; Laws 2013, c. 143, art. 6, § 5, eff. Jan. 1, 2014; Laws 2014, c. 150, art. 1, § 8, eff. Jan. 1, 2013; Laws 2016, c. 158, art. 3, §§ 2, 3, eff. Jan. 1, 2017; Laws 2017, 1st Sp., c. 1, art. 13, § 1, eff. May 31, 2017; Laws 2017, 1st Sp., c. 1, art. 13, § 2; Laws 2017, 1st Sp., c. 1, art. 16, § 23, eff. May 31, 2017; Laws 2019, 1st Sp., c. 6, art. 1, §§ 4, 5, eff. for taxable years after Dec. 31, 2018; Laws 2019, 1st Sp., c. 6, art. 24, § 6, eff. May 31, 2019.

Notes and Decisions: Taxpayer cannot state a cause of action in a civil complaint without first perfecting the claim by filing it with the commissioner of Revenue within the allotted time. Peoples State Bank Truman v. Triplett, 633 N.W.2d 533 (Minn. App. 2001).

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CHAPTER 325L – UNIFORM ELECTRONIC TRANSACTIONS ACT

325L.02. Definitions.

In this chapter:

(a) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.

(b) “Automated transaction” means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.

(c) “Computer program” means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.

(d) “Contract” means the total legal obligation resulting from the parties’ agreement as affected by this chapter and other applicable law.

(e) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(f) “Electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances, in whole or in part, without review or action by an individual.

(g) “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means.

(h) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(i) “Governmental agency” means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.

(j) “Information” means data, text, images, sounds, codes, computer programs, software, databases, or the like.

(k) “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.

(l) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.

(m) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(n) “Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.

(o) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.

(p) “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.

History: Laws 2000, c. 371, § 2.

 

325L.03. Scope

(a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to electronic records and electronic signatures relating to a transaction.

(b) This chapter does not apply to a transaction to the extent it is governed by:

(1) the Uniform Commercial Code other than section 336.1-306, article 2, and article 2A; and

(2) section 145C.03, subdivision 1, relating to requirements for creation of a health care directive; section 507.24, relating to requirements for recording any conveyance, power of attorney, or other instrument affecting real estate; section 523.23, subdivision 3, relating to requirements for creation of a statutory short form power of attorney; and section 253B.03, subdivision 6b, relating to requirements for creation of a declaration of preferences or instructions regarding intrusive mental health treatment.

(c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under paragraph (b) to the extent it is governed by a law other than those specified in paragraph (b).

(d) A transaction subject to this chapter is also subject to other applicable substantive law.

(e) This chapter does not apply to the creation and execution of wills, codicils, or trusts other than trusts relating to the conduct of business, commercial, or governmental purposes.

History: Laws 2000, c. 371, § 3. Amended by Laws 2004, c. 162, art. 3, § 8.

 

325L.04. Prospective application.

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after August 1, 2000.

History: Laws 2000, c. 371, § 4.

 

325L.05. Use of electronic records and electronic signatures; variation by agreement

(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.

(b) This chapter applies only to transactions between parties, each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct transactions by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct.

(c) If a party agrees to conduct a transaction by electronic means, this chapter does not prohibit the party from refusing to conduct other transactions by electronic means. This paragraph may not be varied by agreement.

(d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed,” or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.

(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.

History: Laws 2000, c. 371, § 5.

 

325L.07. Legal recognition of electronic records, electronic signatures, and electronic contracts

(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.

(c) If a law requires a record to be in writing, an electronic record satisfies the law.

(d) If a law requires a signature, an electronic signature satisfies the law.

History: Laws 2000, c. 371, § 7.

 

325L.15. Time and place of sending and receipt.

(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:

(1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;

(2) is in a form capable of being processed by that system; and

(3) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.

(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:

(1) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and

(2) it is in a form capable of being processed by that system.

(c) Paragraph (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under paragraph (d).

(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender’s place of business and to be received at the recipient’s place of business. For purposes of this paragraph, the following rules apply:

(1) if the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction;

(2) if the sender or the recipient does not have a place of business, the place of business is the sender’s or recipient’s residence, as the case may be.

(e) An electronic record is received under paragraph (b) even if no individual is aware of its receipt.

(f) Receipt of an electronic acknowledgment from an information processing system described in paragraph (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.

(g) If a person is aware that an electronic record purportedly sent under paragraph (a), or purportedly received under paragraph (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, this paragraph may not be varied by agreement.

History: Laws 2000, c. 371, § 15.

 

325L.17. Creation and retention of electronic records and conversion of written records by governmental agencies.

Each governmental agency of this state shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records. Records of a government agency are subject to sections 15.17 and 138.17.

History: Laws 2000, c. 371, § 17.

 

325L.18. Acceptance and distribution of electronic records by governmental agencies.

(a) Except as otherwise provided in section 325L.12, paragraphs (f) and (g), each governmental agency of this state shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.

(b) To the extent that a governmental agency uses electronic records and electronic signatures under paragraph (a), the governmental agency giving due consideration to security, may specify:

(1) the manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;

(2) if electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;

(3) control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and

(4) any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.

(c) Except as otherwise provided in section 325L.12, paragraph (f), this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.

History: Laws 2000, c. 371, § 18.

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CHAPTER 340A – LIQUOR

RETAIL LICENSES

340A.416. Local option election.

Subd. 1. Petition. Upon receipt of a petition signed by 30 percent of the persons voting at the last city election or 200 registered voters residing in the city, whichever is less, a statutory city or home rule charter city of the fourth class shall place before the voters of the city the question of whether the city will issue intoxicating liquor licenses.

Subd. 2. Ballot question. The form of the question of the referendum under this section must be either “Shall the city issue … intoxicating liquor licenses?” or “Shall the city discontinue issuing intoxicating liquor licenses?”.

Subd. 3. Effect of election results. If a majority of persons voting on the referendum question vote to discontinue issuing licenses, the city may not issue intoxicating liquor licenses until the results of the referendum have been reversed at a subsequent election where the question has been submitted as provided in this section.

Subd. 4. Certification. The clerk or recorder must certify results of a referendum held under this section within ten days of the election.

Subd. 5. Challenge of election. Where the results of a referendum under this section are challenged by any voter, the county attorney of the county where the election was held must appear in defense of the validity of the election.

History: Laws 1985, c. 305, art. 6, § 16. Amended by Laws 1994, c. 611, § 24; Laws 2004, c. 251, § 18; Laws 2013, c. 131, art. 2, §§ 76, 77, eff. July 1, 2013.

 

RETAIL SALES REGULATIONS

340A.504. Hours and days of sale.

Subd. 1. 3.2 percent malt liquor. No sale of 3.2 percent malt liquor may be made between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2:00 a.m. and 10:00 a.m. on Sunday.

Subd. 2. Intoxicating liquor; on-sale. No sale of intoxicating liquor for consumption on the licensed premises may be made:

(1) between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday;

(2) after 2:00 a.m. on Sundays, except as provided by subdivision 3.

Subd. 2a. Certain dispensing exempt. Where a hotel possessing an on-sale intoxicating liquor license places containers of intoxicating liquor in cabinets in hotel rooms for the use of guests staying in those hotel rooms, and a charge is made for withdrawals from those cabinets, the dispensing of intoxicating liquor from those cabinets does not constitute a sale for purposes of subdivision 2.

Subd. 3. Intoxicating liquor; Sunday sales; on-sale. (a) A restaurant, club, bowling center, or hotel with a seating capacity for at least 30 persons and which holds an on-sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 8:00 a.m. on Sundays and 2:00 a.m. on Mondays.

(b) An establishment serving intoxicating liquor on Sundays must obtain a Sunday license. The license must be issued by the governing body of the municipality for a period of one year, and the fee for the license may not exceed $200.

(c) A city may issue a Sunday intoxicating liquor license only if authorized to do so by the voters of the city voting on the question at a general or special election. A county may issue a Sunday intoxicating liquor license in a town only if authorized to do so by the voters of the town as provided in paragraph (d). A county may issue a Sunday intoxicating liquor license in unorganized territory only if authorized to do so by the voters of the election precinct that contains the licensed premises, voting on the question at a general or special election.

(d) An election conducted in a town on the question of the issuance by the county of Sunday sales licenses to establishments located in the town must be held on the day of the annual election of town officers.

(e) Voter approval is not required for licenses issued by the Metropolitan Airports Commission or common carrier licenses issued by the commissioner. Common carriers serving intoxicating liquor on Sunday must obtain a Sunday license from the commissioner at an annual fee of $75, plus $30 for each duplicate.

Subd. 4. Intoxicating liquor; off-sale. (a) No sale of intoxicating liquor may be made by an off-sale licensee:

(1) on Sundays, except between the hours of 11:00 a.m. and 6:00 p.m.;

(2) before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday;

(3) on Thanksgiving Day;

(4) on Christmas Day, December 25; or

(5) after 8:00 p.m. on Christmas Eve, December 24.

(b) No delivery of alcohol to an off-sale or on-sale licensee may be made by a wholesaler or accepted by an off-sale or on-sale licensee on a Sunday. No order solicitation or merchandising may be made by a wholesaler on a Sunday.

Subd. 5. Bottle clubs. No establishment licensed under section 340A.414, may permit a person to consume or display intoxicating liquor, and no person may consume or display intoxicating liquor between 1:00 a.m. and 12:00 noon on Sundays, and between 1:00 a.m. and 8:00 a.m. on Monday through Saturday.

Subd. 6. Municipalities may limit hours. A municipality may further limit the days or hours of on and off sales of alcoholic beverages, provided that further restricted on-sale hours for intoxicating liquor must apply equally to on-sale hours of 3.2 percent malt liquor. A city may not permit the sale of alcoholic beverages during hours when the sale is prohibited by this section.

Subd. 7. Sales after 1:00 a.m.; permit fee. (a) No licensee may sell intoxicating liquor or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the licensee has obtained a permit from the commissioner. Application for the permit must be on a form the commissioner prescribes. Permits are effective for one year from date of issuance. For retailers of intoxicating liquor, the fee for the permit is based on the licensee’s gross receipts from on-sales of alcoholic beverages in the 12 months prior to the month in which the permit is issued, and is at the following rates:

(1) up to $100,000 in gross receipts, $300;

(2) over $100,000 but not over $500,000 in gross receipts, $750; and

(3) over $500,000 in gross receipts, $1,000.

For a licensed retailer of intoxicating liquor who did not sell intoxicating liquor at on-sale for a full 12 months prior to the month in which the permit is issued, the fee is $200. For a retailer of 3.2 percent malt liquor, the fee is $200.

(b) The commissioner shall deposit all permit fees received under this subdivision in the alcohol enforcement account in the special revenue fund.

(c) Notwithstanding any law to the contrary, the commissioner of revenue may furnish to the commissioner the information necessary to administer and enforce this subdivision.

History: Laws 1985, c. 139, § 1; Laws 1985, c. 305, art. 7, § 4; Laws 1985, 1st Sp., c. 16, art. 2, § 3, subd. 1. Amended by Laws 1987, c. 5, § 4, eff. March 18, 1987; Laws 1987, c. 152, art. 1, § 1; Laws 1988, c. 420, § 1; Laws 1989, c. 49, §§ 3, 4; Laws 1989, c. 49, § 5, eff. April 25, 1989; Laws 1990, c. 554, § 14; Laws 1991, c. 249, §§ 21, 22, 31; Laws 1992, c. 513, art. 3, § 60, eff. July 1, 1992; Laws 1994, c. 611, § 26; Laws 1997, c. 129, art. 1, § 8, eff. May 10, 1997; Laws 2002, c. 318, § 2, eff. April 6, 2002; Laws 2003, c. 126, §§ 10 to 12, eff. July 1, 2003; Laws 2003, 1st Sp., c. 19, art. 2, § 59, eff. July 1, 2003; Laws 2005, c. 131, §§ 8 to 10; Laws 2005, c. 136, art. 8, §§ 18, 19, eff. July 1, 2005; Laws 2006, c. 210, § 13, eff. May 19, 2006; Laws 2015, c. 9, art. 2, § 7, eff. May 2, 2015; Laws 2017, c. 6, § 1, eff. July 1, 2017; Laws 2017, 1st Sp., c. 4, art. 5, § 9, eff. May 31, 2017; Laws 2020, c. 103, § 3, eff. May 28, 2020.

Notes and Decisions: Approval of Sunday liquor sales requires majority of those voting on the question, not majority of all voting at election. Op. Atty. Gen. 218g-19, September 6, 1967.

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CHAPTER 351 – RESIGNATIONS, VACANCIES, REMOVALS

351.01. Resignations.

Subd. 1. To whom made. Resignations shall be made in writing signed by the resigning officer:

(1) By incumbents of elective offices, to the officer authorized by law to fill a vacancy in such office by appointment, or to order a special election to fill the vacancy;

(2) By appointive officers, to the body, board, or officer appointing them, unless otherwise specially provided.

Subd. 2. When effective. Except as provided by subdivision 3 or other express provision of law or charter to the contrary, a resignation is effective when it is received by the officer, body, or board authorized to receive it.

Subd. 3. Contingent resignations prohibited; exception. (a) Except as provided in paragraph (b), no resignation may be made to take effect upon the occurrence of a future contingency. Statements explaining the reasons for a resignation must not be considered to be contingencies unless expressly stated as contingencies.

(b) A resignation may be made expressly to take effect at a stated future date. Unless it is withdrawn as provided under subdivision 4, a resignation is effective at 12:01 a.m. on the stated date.

Subd. 4. Withdrawal of resignation. A prospective resignation permitted by subdivision 3 may only be withdrawn by a written statement signed by the officer and submitted in the same manner as the resignation, and may only be withdrawn before it has been accepted by resolution of the body or board or before a written acceptance of the resignation by an officer authorized to receive it.

History: Amended by Laws 1987, c. 200, § 2, eff. May 22, 1987; Laws 2004, c. 293, art. 2, § 44, eff. May 30, 2004.

 

351.02. Vacancies.

Every office shall become vacant on the happening of either of the following events, before the expiration of the term of such office:

(1) the death of the incumbent;

(2) the incumbent’s resignation;

(3) the incumbent’s removal;

(4) the incumbent’s ceasing to be an inhabitant of the state, or, if the office is local, of the district, county or city for which the incumbent was elected or appointed, or within which the duties of the office are required to be discharged;

(5) the incumbent’s conviction of any infamous crime, or of any offense involving a violation of the official oath;

(6) the incumbent’s refusal or neglect to take the oath of office, or to give or renew the official bond, or to deposit or file such oath or bond within the time prescribed;

(7) the decision of a competent tribunal declaring the incumbent’s election or appointment void;

(8) the death of the person elected or appointed to fill a vacancy, or for a full term, before the person qualifies, or before the time when by law the person should enter upon the duties of the office, in which case the vacancy shall be deemed to take place at the time when the term of office would have begun had the person lived.

History: Amended by Laws 1973, c. 123, art. 5, § 7; Laws 1986, c. 444.

Notes and Decisions: Because district court judgeship is a statewide office, as opposed to a local office, for purposes of statute, district court judge’s failure to reside in district during a three-month period preceding defendant’s criminal trial in which she still resided in state did not render that office vacant at time of defendant’s trial or render her without authority to conduct that trial. State v. Irby, 848 N.W.2d 515 (Minn. 2014).

Judge, who had ceased to be a de jure judge when she resided outside of her judicial district, remained a de facto judge, and did not automatically forfeit her office, and thus reversal was not warranted of criminal convictions of defendant whose trial occurred after judge’s violation of residency requirement. State v. Irby, 820 N.W.2d 30 (Minn. App. 2012).

 

351.05. Vacancy during recess of legislature.

When a vacancy occurs during the recess of the legislature, in any office which the legislature, or the governor by and with the advice and consent of the senate, or of both branches of the legislature, is authorized to fill by appointment, unless otherwise specially provided, the governor may appoint some suitable person to perform the duties of such office for the time being. The person so appointed, before proceeding to execute the duties, shall qualify in the manner required by law of the officer in whose place the person is appointed and hold office until the vacancy is regularly filled, as provided by law.

History: Amended by Laws 1986, c. 444.

 

351.055. Preparations for special elections.

If a future vacancy becomes certain to occur and the vacancy must be filled by a special election, the appropriate authorities may begin procedures leading to the special election so that a successor may be elected at the earliest possible time. For prospective vacancies that will occur as a result of a resignation, preparations for the special election may begin immediately after the written resignation is received by the official provided in section 351.01, subdivision 1.

History: Laws 1987, c. 175, § 17. Amended by Laws 1999, c. 132, § 40.

 

351.06. Appointment; continuance of term; impeachment.

Unless otherwise provided for, when a vacancy in an elective office is authorized to be filled by appointment, such appointment shall continue until the next general election occurring after there is sufficient time to give the notice prescribed by law, and until a successor is elected and has qualified. When any state officer, excepting the lieutenant governor, shall be temporarily suspended from the performance of the duties of office by reason of having been impeached, the governor shall appoint some suitable person to exercise the duties of such office during the time of such suspension, and such person, before entering upon the duties, shall comply with the requirements of law relating to the same, and during incumbency shall be governed in the administration thereof by all laws enacted in reference thereto, and receive the compensation provided by law for such office.

History: Amended by Laws 1986, c. 444.

 

REMOVAL OF ELECTED COUNTY OFFICIALS

351.14. Definitions.

Subd. 1. Applicability. The definitions in this section apply to sections 351.14 to 351.23.

Subd. 2. Malfeasance. “Malfeasance” means the willful commission of an unlawful or wrongful act in the performance of a public official’s duties which is outside the scope of the authority of the public official and which infringes on the rights of any person or entity.

Subd. 3. Nonfeasance. “Nonfeasance” means the willful failure to perform a specific act which is a required part of the duties of the public official.

Subd. 4. Misfeasance. “Misfeasance” means the negligent performance of the duties of a public official or the negligent failure to perform a specific act which is a required part of the duties of the public official.

Subd. 5. Elected county official. “Elected county official” means any public official who is elected to countywide office or appointed to an elective countywide office, including county attorney, county sheriff, county auditor, county recorder, county treasurer, and soil and water conservation supervisor. “Elected county official” also means a county commissioner elected or appointed from a commissioner district or a soil and water conservation district supervisor elected or appointed from a supervisor district established under section 103C.311, subdivision 2.

History: Laws 1986, c. 418, § 1, eff. March 25, 1986. Amended by Laws 2003, c. 104, § 31.

 

351.15. Removal of elected county official.

An elected county official may be removed from office in accordance with the procedures established in sections 351.14 to 351.23.

History: Laws 1986, c. 418, § 2, eff. March 25, 1986.

 

351.16. Petition; review.

Subd. 1. Form of petition. Any registered voter may petition the county auditor requesting a removal election and setting forth facts which allege with specificity that an elected county official committed malfeasance or nonfeasance in the performance of official duties during the current or any previous term in the office held by the elected county official, except that a petition may not be submitted during the 180 days immediately preceding a general election for the office which is held by the county official named in the petition. The petitioner must attach to the petition documents which contain the signatures of supporters who are registered voters totaling at least 25 percent of the number of persons who voted in the preceding election for the office which is held by the county official named in the petition. Each page on which signatures are included must clearly identify the purpose of the petition. The registered voters must be residents of the county or, in a removal election involving a county commissioner, of the commissioner district which elected the named county commissioner. The signatures of supporters must be on forms provided by the county auditor.

Subd. 2. County auditor’s duties. The county auditor shall examine the petition to determine whether it contains the requisite number of valid signatures of registered voters. If so, the county auditor shall forward the petition, but not the signatures, to the clerk of appellate courts within 15 days of receipt of the petition. If the county auditor determines that the petition does not include the requisite number of signatures, the county auditor shall deny the petition within 15 days of receipt of the petition.

Subd. 3. Removal of county auditor. If the county auditor is the named elected county official, the petition must be submitted to the chair of the county board of commissioners who shall appoint a county official to perform the duties of the county auditor specified in sections 351.14 to 351.23.

Subd. 4. Limitation. An elected county official is not subject to a removal election on the ground that misfeasance in the performance of official duties was committed, or on the ground of disagreement with actions taken that were within the lawful discretion of the elected county official.

History: Laws 1986, c. 418, § 3, eff. March 25, 1986.

 

351.17. Chief justice review; assignment to special master.

The clerk of appellate courts shall submit the petition to the chief justice. The chief justice shall review the petition to determine whether the petition properly alleges facts which, if proven, constitute malfeasance or nonfeasance in the performance of official duties. If the petition properly contains factual allegations of malfeasance or nonfeasance, the chief justice shall assign the case to a special master for a public hearing. The special master must be an active or retired judge. The chief justice may issue an order denying the petition if it appears that the petition does not contain allegations which, if proven, constitute malfeasance or nonfeasance in the performance of official duties.

History: Laws 1986, c. 418, § 4, eff. March 25, 1986.

 

351.18. Waiver.

An elected county official who is the subject of a petition under section 351.16 may waive in writing the right to a public hearing. If the hearing is waived, the case must be certified by order of the chief justice to the county auditor for a removal election to be held within 30 days of the receipt of the order.

History: Laws 1986, c. 418, § 5, eff. March 25, 1986.

 

351.19. Public hearing.

Subd. 1. Time; subpoenas; amendment of petition. A public hearing into the allegations of a petition under section 351.16 must be held within 60 days after issuance of the order of the chief justice assigning the case to a special master. The special master may issue subpoenas to compel the testimony of witnesses and the production of documents. The petition may be amended of right by the petitioners at any time prior to 40 days before the scheduled hearing. The special master may permit later amendment of the petition only for good cause.

Subd. 2. Determinations by special master. The special master shall take evidence at a public hearing under this section and determine:

(1) whether the petitioners have shown by clear and convincing evidence that the factual allegations of malfeasance or nonfeasance are true; and

(2) if so, whether the facts found to be true constitute malfeasance or nonfeasance.

The special master shall dismiss the petition at any time if it appears that this standard has not been met.

Subd. 3. Rules. The public hearing under this section must be conducted using the Minnesota Rules of Civil Procedure, unless modified in sections 351.14 to 351.23, and the Minnesota Rules of Evidence.

Subd. 4. Legal counsel. The petitioners and the elected county official shall be represented by legal counsel at their own expense, and shall pay their costs associated with the hearing except that the county may assume the legal costs incurred by the elected county official. The county shall pay all other costs of the hearing.

Subd. 5. Decision. The special master shall issue a decision within 60 days after the end of a public hearing under this section.

Subd. 6. Appeal. If a petition under this section is dismissed by the special master, either before or after a public hearing, the petitioner may appeal the decision to the supreme court within 30 days. The supreme court shall grant an expedited appeal.

History: Laws 1986, c. 418, § 6, eff. March 25, 1986.

 

351.20. Decision; certification.

If the special master determines that the elected county official committed malfeasance or nonfeasance in the performance of official duties, the case must be certified to the county auditor for a removal election on a date to be fixed by the county auditor and held within 30 days of the order of the special master.

History: Laws 1986, c. 418, § 7, eff. March 25, 1986.

 

351.21. Appeal.

An elected county official may appeal the decision of a special master under section 351.20 to the supreme court within ten days. The removal election is stayed until 20 days after the supreme court issues a decision on the appeal. The supreme court shall grant an expedited appeal.

History: Laws 1986, c. 418, § 8, eff. March 25, 1986.

 

351.22. Removal election; disqualification.

Subd. 1. Majority vote; form of question. An elected county official may be removed pursuant to sections 351.14 to 351.23 by majority vote. The removal election is a special election conducted under applicable provisions of section 375.20. The question submitted to the voters must be:

“Should …….(Name) elected (appointed) to the office of ……(Title) be
removed from that office?
Yes ……..
No ……..”

Any resulting vacancy must be filled as provided by law.

Subd. 2. Disqualification. A removed county official may not thereafter hold the same office for the remainder of the term to which the official was elected.

History: Laws 1986, c. 418, § 9, eff. March 25, 1986.

 

351.23. Extension of time.

The chief justice may extend the time limitations in sections 351.14 to 351.23 for good cause.

History: Laws 1986, c. 418, § 10, eff. March 25, 1986.

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CHAPTER 353 – PUBLIC EMPLOYEES RETIREMENT ASSOCIATION

353.03. Board of trustees.

Subd. 1. Management; composition; election. (a) The management of the Public Employees Retirement Association is vested in an 11-member board of trustees consisting of ten members and the state auditor. The state auditor may designate a deputy auditor with expertise in pension matters as the auditor’s representative on the board. The governor shall appoint five trustees to four-year terms, one of whom shall be designated to represent school boards, one to represent cities, one to represent counties, one who is a retired annuitant, and one who is a public member knowledgeable in pension matters. The membership of the association, including recipients of retirement annuities and disability and survivor benefits, shall elect five trustees for terms of four years, one of whom must be a member of the police and fire fund and one of whom must be a former member who met the definition of public employee under section 353.01, subdivisions 2 and 2a, for at least five years prior to terminating membership and who is receiving a retirement annuity or a member who receives a disability benefit. Terms expire on January 31 of the fourth year, and positions are vacant until newly elected members are seated. Except as provided in this subdivision, trustees elected by the membership of the association must be public employees and members of the association.

(b) For seven days beginning October 1 of each year preceding a year in which an election is held, the association shall accept filings of candidates for the board of trustees. A candidate shall submit at the time of filing a nominating petition signed by 25 or more members of the association. No name may be withdrawn from nomination by the nominee after October 15. At the request of a candidate for an elected position on the board of trustees, the board shall provide a statement of up to 300 words prepared by the candidate to all persons eligible to vote in the election of the candidate. The board may adopt policies and procedures to govern the form and length of these statements and the timing and deadlines for submitting materials to be distributed to the eligible voters.

(c) By January 10 of each year in which elections are to be held, the board shall distribute to the eligible voters the instructions and materials necessary to vote for the candidates seeking terms on the board of trustees. Eligible voters are the members, retirees, and other benefit recipients. No voter may vote for more than one candidate for each board position to be filled. A vote for more than one person for any position is void. No special marking may be used to indicate incumbents. Votes cast by using paper ballots mailed to the association must be postmarked no later than January 31. Votes cast by using telephone or other electronic means authorized under the board’s procedures must be entered by the end of the day on January 31. The design of the voting response media must ensure that each voter’s vote is secret.

(d) A candidate who receives contributions, who makes expenditures in excess of $100, or who has given implicit or explicit consent for any other person to receive contributions or make expenditures in excess of $100 for the purpose of bringing about the candidate’s election shall file a report with the campaign finance and public disclosure board disclosing the source and amount of all contributions to the candidate’s campaign. The campaign finance and public disclosure board shall prescribe forms governing these disclosures. Expenditures and contributions have the meaning defined in section 10A.01. These terms do not include any distribution made by the association board on behalf of the candidate. A candidate shall file a report within 30 days from the day that the results of the election are announced. The Campaign Finance and Public Disclosure Board shall maintain these reports and make them available for public inspection in the same manner as the board maintains and makes available other reports filed with it.

(e) The secretary of state shall review and comment on the procedures defined by the board of trustees for conducting the elections specified in this subdivision, including board policies adopted under paragraph (b).

(f) The board of trustees and the executive director shall undertake their activities consistent with chapter 356A.

Subd. 1a. Vacancy. Any vacancy on the board caused by death, resignation, or removal of any trustee, or occurring because an elected trustee ceases to be a public employee and an active member of the association, must be filled by the board for trustees elected by members, and by the governor for other trustees, for the unexpired portion of the term in which the vacancy occurs. The board shall adopt policies and procedures governing how the vacancy of an elected trustee is to be filled.

Subd. 2. No compensation; expenses paid. The members of the board of trustees shall serve without compensation, but shall be reimbursed out of the retirement fund for expenses actually and necessarily paid or incurred in the performance of their duties. Members of the board of trustees shall suffer no loss of compensation from a public employer by reason of service on or for the board or on any authorized committee thereof.

Subd. 2a. Repealed by Laws 1977, c. 429, § 65, eff. July 1, 1977.

Subd. 2b. Legal authority. The board is authorized to take legal action when necessary to effectively administer the various retirement plans administered by the association, consistent with applicable articles of incorporation, bylaws, law, and rules, as applicable, and including, but not limited to, the recapture of overpaid annuities, benefits, or refunds, and the correction of omitted or deficient deductions.

Subd. 3. Duties and powers. (a) The board shall:

(1) elect a president and vice-president;

(2) approve the staffing complement, as recommended by the executive director, necessary to administer the fund;

(3) adopt bylaws for its own government and for the management of the fund consistent with the laws of the state and may modify them at pleasure;

(4) adopt, alter, and enforce reasonable rules consistent with the laws of the state and the terms of the applicable benefit plans for the administration and management of the fund, for the payment and collection of payments from members and for the payment of withdrawals and benefits, and that are necessary in order to comply with the applicable federal Internal Revenue Service and Department of Labor requirements;

(5) pass upon and allow or disallow all applications for membership in the fund and allow or disallow claims for withdrawals, pensions, or benefits payable from the fund;

(6) adopt an appropriate mortality table based on experience of the fund as recommended by the association actuary and approved under section 356.215, subdivision 18, with interest set at the rate specified in section 356.215, subdivision 8;

(7) provide for the payment out of the fund of the cost of administering this chapter, of all necessary expenses for the administration of the fund and of all claims for withdrawals, pensions, or benefits allowed;

(8) approve or disapprove all recommendations and actions of the executive director made subject to its approval or disapproval by subdivision 3a; and

(9) approve early retirement and optional annuity factors, subject to review by the actuary retained by the Legislative Commission on Pensions and Retirement; establish the schedule for implementation of the approved factors; and notify the Legislative Commission on Pensions and Retirement of the implementation schedule.

(b) In passing upon all applications and claims, the board may summon, swear, hear, and examine witnesses and, in the case of claims for disability benefits, may require the claimant to submit to a medical examination by a physician of the board’s choice, at the expense of the fund, as a condition precedent to the passing on the claim, and, in the case of all applications and claims, may conduct investigations necessary to determine their validity and merit.

(c) The board may continue to authorize the sale of life insurance to members under the insurance program in effect on January 1, 1985, but must not change that program without the approval of the commissioner of management and budget. The association shall not receive any financial benefit from the life insurance program beyond the amount necessary to reimburse the association for costs incurred in administering the program. The association shall not engage directly or indirectly in any other activity involving the sale or promotion of goods or services, or both, whether to members or nonmembers.

(d) The board shall establish procedures governing reimbursement of expenses to board members. These procedures must define the types of activities and expenses that qualify for reimbursement, must provide that all out-of-state travel be authorized by the board, and must provide for the independent verification of claims for expense reimbursement. The procedures must comply with the applicable rules and policies of the Department of Management and Budget and the Department of Administration.

(e) The board may purchase fiduciary liability insurance and official bonds for the officers and members of the board of trustees and employees of the association and may purchase property insurance or may establish a self-insurance risk reserve including, but not limited to, data processing insurance and “extra-expense” coverage.

Subd. 3a. Executive director. (a) Appointment. The board shall appoint an executive director on the basis of education, experience in the retirement field, and leadership ability. The executive director must have had at least five years’ experience in an executive level management position, which has included responsibility for pensions, deferred compensation, or employee benefits. The executive director serves at the pleasure of the board. Notwithstanding any law to the contrary, the board must set the salary of the executive director. The salary of the executive director must not exceed the limit for a position listed in section 15A.0815, subdivision 2.

(b) Duties. The management of the association is vested in the executive director who shall be the executive and administrative head of the association. The executive director shall act as adviser to the board on all matters pertaining to the association and shall also act as the secretary of the board. The executive director shall:

(1) attend all meetings of the board;

(2) prepare and recommend to the board appropriate rules to carry out the provisions of this chapter;

(3) establish and maintain an adequate system of records and accounts following recognized accounting principles and controls;

(4) designate, with the approval of the board, up to two persons who may serve in the unclassified service and whose salaries are set in accordance with section 43A.18, subdivision 3, appoint a confidential secretary in the unclassified service, and appoint employees to carry out this chapter, who are subject to chapters 43A and 179A in the same manner as are executive branch employees;

(5) organize the work of the association as the director deems necessary to fulfill the functions of the association, and define the duties of its employees and delegate to them any powers or duties, subject to the control of, and under such conditions as, the executive director may prescribe;

(6) with the approval of the board, contract for the services of an approved actuary, professional management services, and any other consulting services as necessary to fulfill the purposes of this chapter. All contracts are subject to chapter 16C. The commissioner of administration shall not approve, and the association shall not enter into, any contract to provide lobbying services or legislative advocacy of any kind. Any approved actuary retained by the executive director shall function as the actuarial advisor of the board and the executive director. In addition to filing requirements under section 356.214, any supplemental actuarial valuations or experience studies shall be filed with the executive director of the Legislative Commission on Pensions and Retirement. Copies of professional management survey reports shall be transmitted to the secretary of the senate, the chief clerk of the house of representatives, and the Legislative Reference Library as provided by section 3.195, and to the executive director of the commission at the same time as reports are furnished to the board. Only management firms experienced in conducting management surveys of federal, state, or local public retirement systems shall be qualified to contract with the director hereunder;

(7) with the approval of the board provide in-service training for the employees of the association;

(8) make refunds of accumulated contributions to former members and to the designated beneficiary, surviving spouse, legal representative or next of kin of deceased members or deceased former members, as provided in this chapter;

(9) determine the amount of the annuities and disability benefits of members covered by the association and authorize payment of the annuities and benefits beginning as of the dates on which the annuities and benefits begin to accrue, in accordance with the provisions of this chapter;

(10) pay annuities, refunds, survivor benefits, salaries, and necessary operating expenses of the association;

(11) prepare and submit to the board and the legislature an annual financial report covering the operation of the association, as required by section 356.20;

(12) prepare and submit biennial and annual budgets to the board for its approval and submit the approved budgets to the Department of Management and Budget for approval by the commissioner;

(13) reduce all or part of the accrued interest payable under section 353.27, subdivisions 12, 12a, and 12b, or 353.28, subdivision 5, upon receipt of proof by the association of an unreasonable processing delay or other extenuating circumstances of the employing unit; and notwithstanding section 353.27, subdivision 7, may waive the payment of accrued interest to the member if a credit has been taken by the employer to correct an employee deduction taken in error and if the accrued interest is $10 or less. The executive director shall prescribe and submit for approval by the board the conditions under which such interest may be reduced; and

(14) with the approval of the board, perform such other duties as may be required for the administration of the association and the other provisions of this chapter and for the transaction of its business.

Subd. 3b. Additional duties. The executive director shall deduct from the annuity or benefit periodically the amount of any dues of any fraternal organization continuing or established after December 30, 2011, for former members of the former Minneapolis Firefighters Relief Association and December 30, 2011, for former members of the former Minneapolis Police Relief Association.

Subd. 4. Offices. The commissioner of administration shall make provision for suitable office space in the public pension fund facilities created under section 356B.10.

Subd. 5. Application of laws. Laws applicable to state agencies and agencies with statewide jurisdiction shall apply to the association.

History: Amended by Laws 1949, c. 84, § 2; Laws 1951, c. 22, § 16; Laws 1959, c. 650, §§ 8, 58; Laws 1963, c. 641, § 13, eff. May 14, 1963; Laws 1967, c. 641, § 1, eff. May 23, 1967; Laws 1969, c. 940, § 3, eff. June 5, 1969; Laws 1971, c. 106, §§ 10, 11, eff. July 1, 1971; Laws 1973, c. 753, §§ 19, 20, eff. July 1, 1973; Laws 1974, c. 229, § 9, eff. March 24, 1974; Laws 1975, c. 102, §§ 5 to 8, eff. July 1, 1975; Laws 1976, c. 329, §§ 17, 18, eff. April 21, 1976; Laws 1977, c. 429, § 18, eff. July 1, 1977; Laws 1978, c. 796, § 28, eff. April 8, 1978; Laws 1979, c. 216, §§ 6, 7, eff. May 26, 1979; Laws 1981, c. 180, §§ 2 to 4, eff. July 1, 1981; Laws 1981, c. 224, § 79, eff. May 19, 1981; Laws 1984, c. 462, § 27; Laws 1985, c. 11, §§ 5 to 10, eff. April 11, 1985; Laws 1986, c. 444; Laws 1987, c. 259, § 26, eff. May 28, 1987; Laws 1987, c. 284, art. 5, § 3, eff. May 29, 1987; Laws 1988, c. 709, art. 5, § 9, eff. July 1, 1988; Laws 1989, c. 319, art. 8, § 16, eff. June 2, 1989; Laws 1991, c. 341, § 7, eff. June 5, 1991; Laws 1994, c. 528, art. 2, § 6, eff. July 1, 1994; Laws 1994, c. 528, art. 2, § 7, eff. Jan. 1, 1994; Laws 1997, c. 202, art. 2, § 63; Laws 1997, 2nd Sp., c. 3, § 18, eff. July 1, 1997; Laws 1998, c. 386, art. 2, § 87; Laws 1999, c. 99, § 16, eff. April 27, 1999; Laws 1999, c. 222, art. 22, § 2, eff. May 26, 1999; Laws 2002, c. 392, art. 11, § 52, eff. July 1, 2002; Laws 2004, c. 223, § 3, eff. May 20, 2004; Laws 2006, c. 271, art. 3, §§ 13 to 15, eff. July 1, 2006; Laws 2007, c. 134, art. 2, §§ 19 to 21, eff. May 26, 2007; Laws 2007, c. 134, art. 6, § 1, eff. May 26, 2007; Laws 2008, c. 204, § 40, eff. Aug. 1, 2008; Laws 2009, c. 101, art. 2, § 109, eff. July 1, 2009; Laws 2009, c. 169, art. 4, § 8, eff. May 23, 2009; Laws 2010, c. 359, art. 5, § 8, eff. May 16, 2010; Laws 2010, c. 359, art. 12, § 12, eff. June 30, 2010; Laws 2011, 1st Sp., c. 8, art. 6, § 3; Laws 2011, 1st Sp., c. 8, art. 7, § 3; Laws 2013, c. 111, art. 8, § 3, eff. July 1, 2013; Laws 2015, c. 68, art. 12, § 11, eff. July 1, 2015; Laws 2016, c. 173, § 2, eff. July 1, 2016; Laws 2018, c. 211, art. 10, § 5, eff. June 30, 2018.

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CHAPTER 358 – SEALS, OATHS, ACKNOWLEDGMENTS

358.05. Oath of office.

The oath of office to be taken by members and officers of either branch of the legislature shall be that prescribed by the Constitution of the state of Minnesota, article IV, section 8. Every person elected or appointed to any other public office, including every official commissioner, or member of any public board or body, before transacting any of the business or exercising any privilege of such office, shall take and subscribe the oath defined in the Constitution of the state of Minnesota, article V, section 6.

History: Amended by Laws 1976, c. 2, § 172.

 

358.10. Officials may administer, when.

(a) All persons holding office under any law of this state, or under the charter or ordinances of any municipal corporation thereof, including judges and clerks of election, and all committee members, commissioners, trustees, referees, appraisers, assessors, and all others authorized or required by law to act or report upon any matter of fact, have the power to administer oaths they deem necessary to the proper discharge of their respective duties.

(b) Any employee of the secretary of state designated by the secretary of state has the power to administer oaths to an individual who wishes to file with the secretary of state an affidavit of candidacy, nominating petition, declaration of intent to be a write-in candidate, or any other document relating to the conduct of elections.

History: Amended by Laws 1986, c. 444; Laws 2001, 1st Sp., c. 10, art. 18, § 41, eff. Jan. 1, 2002.

 

358.11. Oaths, where filed.

Except as otherwise provided by law, the oath required to be taken and subscribed by any person shall be filed as follows:

(1) if that of an officer of the state, whether elective or appointive, with the secretary of state;

(2) if of a county officer, or an officer chosen within or for any county, with the county auditor;

(3) if of a city officer, with the clerk or recorder of the municipality;

(4) if of a town officer, with the town clerk;

(5) if of a school district officer, with the clerk of the district;

(6) if of a person appointed by, or made responsible to, a court in any action or proceeding therein, with the court administrator of such court;

(7) if that of a person appointed by any state, county, or other officer for a special service in connection with official duties, with such officer.

If the person taking such oath be also required to give bond, the oath shall be attached to or endorsed upon such bond and filed therewith, in lieu of other filing.

History: Amended by Laws 1973, c. 123, art. 5, § 7; Laws 1986, c. 444; Laws 1986, 1st Sp., c. 3, art. 1, § 82.

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CHAPTER 365 – TOWN GENERAL LAW

TOWN MEETING

365.51. Annual meeting; notice, business, elections.

Subd. 1. When; postponement for bad weather. (a) A town’s annual town meeting must be held on the second Tuesday of March at the place named by the last annual town meeting. If no place was named then, the meeting must be held at the place named by the town board. The place may be outside the town if the place is within five miles of a town boundary. If, on the day of the meeting and election in March, the National Weather Service or a law enforcement agency has issued storm warnings or travel advisories such that the clerk determines travel to a polling place would be difficult or hazardous for voters and election judges, the clerk may postpone the election and meeting. If the meeting and election are postponed, the meeting and election shall be held on the third Tuesday in March. Prior to providing notice of the election and meeting, the town board shall by resolution set another date for the meeting and election within 30 days of the third Tuesday in March on which the meeting and election shall be held if bad weather forces postponement of the meeting and election on the third Tuesday in March. The decision to postpone the meeting and election must be made no later than three hours before the opening of the polling place or the convening of the meeting, whichever comes first. The clerk shall notify the election judges and local media offices of the decision to postpone the meeting and election. If the meeting and election are postponed, the notice requirements in subdivision 2 shall apply to the postponed meeting and election.

The balloting of the town election must be concluded on the same day the election is commenced.

(b) If any other political subdivision is conducting an election in conjunction with the township election, postponement of the election shall be subject to section 205.105, 205A.055, or 373.50. If an election is postponed under section 205.105, 205A.055, or 373.50, the town meeting shall also be postponed as if postponed under this section.

Subd. 2. Notice. The clerk shall give ten days’ published notice of the time and place of the meeting in a qualified newspaper having general circulation in the town. An alternative to published notice is posted notice, as directed by the town board unless the electors at an earlier annual town meeting direct otherwise. The notice must include the date on which the election will be held if postponement due to bad weather is necessary.

Subd. 3. Officers; ballot questions; other business. An annual town election shall be held on the same day as the annual town meeting to elect all town officers required by law to be elected and to consider ballot questions, except as provided in section 205.075, subdivision 2. Other town business shall be conducted at the town meeting as provided by law.

Subd. 4. Precincts; polling places. The town board may, with respect to an election by ballot at the annual town meeting for the purpose of determining any matter of town business, provide for the casting of ballots in precincts and at polling places. Precincts and polling places shall be designated by the town board in the manner prescribed by sections 204B.14 and 204B.16.

History: Laws 1959, c. 675, art. 6, § 19. Amended by Laws 1967, c. 31, § 1, eff. March 2, 1967; Laws 1969, c. 793, § 1, eff. May 28, 1969; Laws 1973, c. 123, art. 5, § 7; Laws 1975, c. 5, § 131; Laws 1980, c. 359, § 1, eff. March 19, 1980; Laws 1981, c. 29, art. 7, § 32; Laws 1985, c. 307, § 2, eff. June 8, 1985; Laws 1987, c. 90, § 4; Laws 1987, c. 229, art. 8, § 1; Laws 1987, c. 229, art. 11, § 1; Laws 1990, c. 471, § 1; Laws 1993, c. 223, § 27; Laws 1994, c. 646, §§ 23, 24; Laws 2004, c. 293, art. 2, § 45, eff. May 30, 2004; Laws 2010, c. 201, § 78, eff. Aug. 1, 2010.

Notes and Decisions: Town board that establishes two precincts for stationed federal elections not required to have two precincts and/or polling places for town elections. Op. Atty. Gen. 434B-9, August 10, 1983.

The authority of a town under this section to hold its annual meeting in an adjoining city or village means one abutting or touching the town and not merely nearby or adjacent. Op. Atty. Gen. 434B-13(c), August 20, 1964.

Town meeting and town board may designate and direct publication of notice in the “official newspaper” only. Op. Atty. Gen. 277B-4, March 30, 1961.

Notice need not state specifically a question to be considered which is a matter permitted by law to be acted on at the annual meeting. Op. Atty. Gen. 434A-6, February 24, 1956.

Town meeting and elections may be held at adjoining village. Op. Atty. Gen. 434B-26, February 1, 1954.

Polling place for town may be located in village by vote of the town. Op. Atty. Gen., October 5, 1949.

Town board may contract with school district for electrical wiring of schoolhouse and the use of the schoolhouse for town meetings. Op. Atty. gen. 434C, January 20, 1949.

Notice of special meeting requires a specific statement of each proposition to be considered. Op. Atty. Gen. 396F-2, February 9, 1948.

Town meeting may be held in village hall of village adjoining town even though the village hall is in another county. Op. Atty. Gen. 13C, April 7, 1947.

 

365.52. Special meeting; for any lawful purpose

Subd. 1. How called; statement; petition. A special town meeting may be held to conduct any lawful business. To call a special meeting, the supervisors and town clerk, or any two of them together with at least 12 other town landowners, shall file a statement in the town clerk’s office. The statement must tell why the meeting is called, the particular business to be transacted, and that the interests of the town require the meeting. A special town meeting may also be called on petition of 20 percent of the electors of the town. The percentage is of the number of voters at the last general election.

Subd. 2. Precincts; polling places. The town board may choose to use precincts and polling places to elect town officers or to decide any matter of town business requiring a ballot election. Precincts and polling places, if used, must be set up by the town board under sections 204B.14 and 204B.16.

History: Laws 1959, c. 675, art. 6, § 20. Amended by Laws 1967, c. 31, § 2, eff. March 2, 1967; Laws 1971, c. 843, § 1, eff. June 5, 1971; Laws 1975, c. 5, § 132; Laws 1981, c. 29, art. 7, § 33; Laws 1983, c. 359, § 49; Laws 1984, c. 562, § 16; Laws 1987, c. 229, art. 8, § 1; Laws 2003, c. 56, § 1; Laws 2004, c. 228, art. 2, § 11.

Notes and Decisions: Optional forms of town government may not be submitted for vote at special town meeting. Op. Atty. Gen. 434b-13d, June 30, 1986.

Vacancies in town office could be filled at special town meeting. Op. Atty. Gen. 440, October 24, 1972.

 

365.59. County to appoint officers if none elected.

Subd. 1. Second meeting try. If a town fails to organize or fails to elect officers at the annual town meeting, 12 landowners of the town may call a town meeting for these purposes. The meeting is called by giving ten days’ posted notice of it. The notice must include the time, place, and purpose of the meeting.

Subd. 2. 30-day wait; affidavit. If the notice under subdivision 1 is not posted within 30 days after the date for the annual town meeting, the county board shall appoint officers for the town. The officers shall hold their offices until their successors qualify. The county board shall act only after an affidavit of a landowner of the town is filed with the county auditor. The affidavit must state the facts that require the county board to act.

History: Laws 1959, c. 675, art. 6, § 27. Amended by Laws 1987, c. 229, art. 8, § 1; Laws 2004, c. 228, art. 2, § 12.

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CHAPTER 367 – TOWN OFFICERS; OPTIONAL PLANS

367.03. Annual election of officers; vacancies; special elections.

Subd. 1. Supervisors, terms. Except in towns operating under option A or in towns operating as provided in subdivision 4, three supervisors shall be elected in each town at the town general election as provided in this section. Each supervisor shall be elected for a term of three years and shall serve until a successor is elected and qualified.

Subd. 2. New towns. When a new town is organized and supervisors are elected at a town meeting prior to the annual town election, they shall serve only until the next annual town election. At that election three supervisors shall be elected, one for three years, one for two years, and one for one year, so that the term of one shall expire each year. The number of years for which each is elected shall be indicated on the ballot.

Subd. 3. Supervisors; towns under option A. When two supervisors are to be elected for three-year terms under option A, a candidate shall indicate on the affidavit of candidacy which of the two offices the candidate is filing for. At following annual town elections one supervisor shall be elected for three years to succeed the one whose term expires at that time and shall serve until a successor is elected and qualified.

Subd. 4. Officers; November election. Except as provided in subdivision 4a, supervisors and other town officers in towns that hold the town general election in November shall be elected for terms of four years commencing on the first Monday in January and until their successors are elected and qualified. The clerk and treasurer shall be elected in alternate years.

Subd. 4a. Optional six-year terms. The resolution required under section 205.075, subdivision 2, to adopt the alternative November date for town general election may include the proposal and corresponding transition plan to provide for a six-year term for town supervisors. A town that has adopted the alternative November date for general town elections using the four-year terms provided under subdivision 4 may adopt a resolution establishing six-year terms for supervisors as provided under this subdivision. The resolution must include a plan to provide an orderly transition to six-year terms. The resolution adopting the six-year term for town supervisors may be proposed by the town board or by a resolution of the electors adopted at the annual town meeting and is effective upon an affirmative vote of the electors at the next town general election.

Subd. 5. Election of clerk, treasurer. Except in towns operating under option B or option D, or both, or in towns operating as provided in subdivision 4, at the annual town election in even-numbered years one town clerk and at the annual town election in odd-numbered years one town treasurer shall be elected. The clerk and treasurer each shall serve for two years and until their successors are elected and qualified.

Subd. 6. Vacancies. (a) When a vacancy occurs in a town office, the town board shall fill the vacancy by appointment. Except as provided in paragraph (b), the person appointed shall hold office until the next annual town election, when a successor shall be elected for the unexpired term.

(b) When a vacancy occurs in a town office:

(1) with more than one year remaining in the term; and

(2) on or after the 14th day before the first day to file an affidavit of candidacy for the town election;

the vacancy must be filled by appointment. The person appointed serves until the next annual town election following the election for which affidavits of candidacy are to be filed, when a successor shall be elected for the unexpired term.

(c) A vacancy in the office of supervisor must be filled by an appointment committee comprised of the remaining supervisors and the town clerk.

(d) Any person appointed to fill the vacancy in the office of supervisor must, upon assuming the office, be an eligible voter, be 21 years of age, and have resided in the town for at least 30 days.

(e) When, because of a vacancy, more than one supervisor is to be chosen at the same election, candidates for the offices of supervisor shall file for one of the specific terms being filled.

(f) When, for any reason, the town board or the appointment committee fails to fill a vacancy in the position of an elected town officer by appointment, a special election may be called. To call a special election, the supervisors and town clerk, or any two of them together with at least 12 other town freeholders, must file a statement in the town clerk’s office. The statement must tell why the election is called and that the interests of the town require the election. When the town board or the appointment committee fails to fill a vacancy by appointment, a special town election may also be called on petition of 20 percent of the electors of the town. The percentage is of the number of voters at the last general election. A special town election must be conducted in the manner required for the annual town election.

(g) Law enforcement vacancies must be filled by appointment by the town board.

Subd. 7. Inability or refusal to serve. In addition to the events specified in section 351.02, a vacancy in a town office may be declared by the town board when an officer is unable to serve in the office or attend board meetings for a 90-day period because of illness, or because of absence from or refusal to attend board meetings for a 90-day period. If any of the preceding conditions occurs, the town board may, after the board by resolution has declared a vacancy to exist, make an appointment to fill the vacancy at a regular or special meeting for the remainder of the unexpired term or until the ill or absent member is again able to resume duties and attend board meetings, whichever is earlier. If the vacancy is in the office of supervisor, the vacancy must be filled by an appointment committee made up of the remaining supervisors and the town clerk. If the original member is again able to resume duties and attend board meetings, the board shall by resolution so determine and remove the appointed officeholder and restore the original member to office.

History: Laws 1959, c. 675, art. 6, § 28. Amended by Laws 1961, c. 195, §§ 1, 2; Laws 1961, c. 264, §§ 1, 2; Laws 1963, c. 799, § 3; Laws 1975, c. 274, § 9, eff. June 3, 1975; Laws 1976, c. 41, § 1, eff. March 9, 1976; Laws 1978, c. 681, §§ 1 & 2, eff. July 1, 1978; Laws 1982, c. 463, § 1; Laws 1982, c. 595, §§ 4 to 6, eff. March 23, 1982; Laws 1984, c. 386, § 1, eff. April 18, 1984; Laws 1985, c. 169, § 11; Laws 1986, c. 444; Laws 1987, c. 90, § 6; Laws 1990, c. 401, art. 1, § 1; Laws 1990, c. 585, § 31, eff. May 4, 1990; Laws 1993, c. 24, § 1, eff. April 14, 1993; Laws 1994, c. 646, § 25; Laws 1995, c. 21, § 1, eff. March 28, 1995; Laws 1997, c. 147, § 74; Laws 1999, c. 132, § 41; Laws 2000, c. 467, § 32; Laws 2001, 1st Sp., c. 10, art. 18, § 42, eff. Jan. 1, 2002; Laws 2002, c. 241, § 1; Laws 2003, c. 56, § 2; Laws 2010, c. 180, §§ 7, 8, eff. Aug. 1, 2010.

Notes and Decisions: Vacancies in town office could be filled at special town meeting. Op. Atty. Gen. 440, October 24, 1972.

In an annual town election where vacancies in the position of town supervisor are to be filled by election pursuant to M.S. 367.03, subd. 2, and where no one has filed for the position, the title of the vacant position would be placed on the regular ballot for the purpose of a write-in election. Op. Atty. Gen. 437A-6, February 23, 1967.

Town board is not required to hold an organizational meeting to elect a chairman. Op. Atty. Gen. 437A-1, February 3, 1960.

Majority vote of board of appointment constituted by this section is sufficient to fill the vacancy. Op. Atty. Gen. 437A-21, September 11, 1953.

Where only one candidate files for justice of the peace and vote is a tie with write-in candidate, both are not elected even though town is entitled to two justices. Op. Atty. Gen., March 31, 1953.

Township officer must reside in township. Op. Atty. Gen. 440F, September 12, 1951. See also Op. Atty. Gen. 471M, December 30, 1959.

 

367.033. May be on both town and school board except if urban town.

(a) Notwithstanding any other law to the contrary, a person may serve on both a school board, however organized, and a town board of supervisors concurrently.

(b) This section does not apply to members of the town board of a town exercising the powers of a statutory city under section 368.01, or a special law.

History: Laws 1971, c. 420, § 1, eff. May 21, 1971. Amended by Laws 1973, c. 123, art. 5, § 7; Laws 1990, c. 401, art. 1, § 1.

 

367.10. Town clerk; bond; oath.

Every town clerk, before beginning the duties of the office, shall give bond to the town in an amount to be determined by the town board, conditioned for the faithful discharge of the duties of clerk. The bond shall be filed with the county auditor.

History: Amended by Laws 1982, c. 507, § 1, eff. March 23, 1982; Laws 1984, c. 562, § 31; Laws 1985, c. 169, § 12; Laws 1990, c. 401, art. 1, § 1.

 

367.12. Deputy clerk

Each town clerk may appoint a deputy, for whose acts the clerk shall be responsible, and who, in the clerk’s absence or disability, shall perform the clerk’s duties. If a town clerk has not appointed a deputy, the town treasurer shall perform the duties of the clerk relating to receiving candidate filings when the clerk is absent.

History: Amended by Laws 1986, c. 444; Laws 1990, c. 401, art. 1, § 1; Laws 2004, c. 293, art. 2, § 46, eff. May 30, 2004.

 

367.25. Oath of office; bond; filing; penalties.

Subd. 1. Requirement, fee. Every person elected at a March election or appointed to a town office, within ten days after receiving a certificate or notice of election or appointment, shall take and subscribe the oath required by law. Persons elected at a November election shall take their oath before assuming office. If taken before the town clerk, the oath shall be administered and certified without fee.

Subd. 2. Bond and oath, violations. Before entering upon duties, the person taking the oath shall file it with the town clerk. Failure to file the oath and bond within the time required shall be deemed a refusal to serve.

Subd. 3. Oath, violations. A town officer who enters upon the duties of office before taking the oath required shall forfeit to the town the sum of $50.

History: Amended by Laws 1983, c. 359, § 52; Laws 1986, c. 444; Laws 1990, c. 401, art. 1, § 1; Laws 1997, c. 147, § 75.

Notes and Decisions: Where newly elected town clerk neither took the oath nor filed such oath until after the time prescribed by law, he should nevertheless be regarded as having qualified for office. Op. Atty. Gen. 437A-15, May 10, 1966.

Failure to take oath does not ipso facto create a vacancy, and officer may qualify before steps are taken to declare a vacancy. Op. Atty. Gen. 437-21, April 3, 1951.

 

367.30. Optional plans.

Subd. 1. Option A; five-member town board. A town may provide for a five-member board of supervisors as provided in sections 367.30 to 367.36. This is option A.

Subd. 2. Option B; appointment of clerk and treasurer. A town may provide for the appointment by the town board of its clerk or treasurer, or both, or if combined pursuant to the adoption of option D as defined in subdivision 4, its clerk-treasurer, as provided in sections 367.30 to 367.36. This is option B.

Subd. 3. Option C; town administrator. A town may provide for the appointment of an administrator as provided in sections 367.30 to 367.36. This is option C.

Subd. 4. Option D; combining clerk and treasurer. A town may combine the offices of clerk and treasurer. This is option D. The combined office may be made elective or appointive pursuant to option B as provided in subdivision 2. Unless the board action or petition seeking the adoption of option D specifies that the appropriate ballot question for option B is also to be submitted to the voters at the same time as the ballot question on option D, the combined position shall be filled in the manner currently being used for the town clerk position.

History: Laws 1975, c. 274, § 1, eff. June 3, 1975. Amended by Laws 1983, c. 216, art. 1, § 86; Laws 1984, c. 562, § 37; Laws 1988, c. 639, §§ 2, 3; Laws 1990, c. 401, art. 1, § 1; Laws 2003, c. 60, §§ 1, 2.

 

367.31. Adoption of specific option.

Subd. 1. Submission to electors. Except as provided in subdivision 2, the town board may, and upon a petition signed by electors equal in number to at least 15 percent of the electors voting at the last previous town election shall, submit to the electors at an annual town election the question of adopting option A, B, C, or D.

Subd. 2. Mandatory submission of option A in urban towns. The town board of a town exercising the powers of a statutory city pursuant to section 368.01 or a special law granting substantially similar powers shall submit the adoption of option A to the electors at the annual town meeting next following June 3, 1975. The town board of any town that subsequently qualifies under section 368.01 or receives substantially similar powers pursuant to a special law adopted after June 3, 1975, shall submit the adoption of option A to the electors at the annual town election next following the grant of powers.

Subd. 3. Notice of question. When the adoption of a specific option is to be voted on at the annual election, the town clerk shall include notice of the question in the notice of the annual election.

Subd. 4. Election; form of ballot. The proposals for adoption of the options shall be stated on the ballot substantially as follows:

“Shall option A, providing for a five-member town board of supervisors, be adopted for the government of the town?”

“Shall option B, providing for the appointment of the clerk and treasurer by the town board, be adopted for the government of the town?”

“Shall option C, providing for the appointment of a town administrator by the town board, be adopted for the government of the town?”

“Shall option D, providing for combining the offices of clerk and treasurer, be adopted for the government of the town?”

If a proposal under option B is to appoint only the clerk or only the treasurer, or if it is to appoint the combined clerk-treasurer following the adoption of option D or when submitted simultaneously with the ballot question for option D, the ballot question shall be varied to read appropriately. If an option B ballot question is submitted for the combined clerk-treasurer office at the same election in which option D is also on the ballot, the ballot must note that the approval of option B is contingent on the simultaneous approval of option D. In any of these cases, the question shall be followed by the words “Yes” and “No” with an appropriate oval or similar target shape before each in which an elector may record a choice.

Subd. 5. Adoption by affirmative vote. If a majority of the votes cast on the question of adoption of option A, B, C, or D is in the affirmative, the option voted upon shall be adopted in the town. It shall remain in effect until abandoned by a similar majority at a subsequent annual town election at which the question of abandonment is submitted.

Subd. 6. Abandonment of options; three-year limitation. At any time more than three years after the adoption of an option, the question of its abandonment may be submitted to the electors, in the same manner provided for the submission of the question of adoption, except that in the statement of the question on the ballot, the word “abandoned” shall be substituted for the word “adopted.” If a majority of the votes cast on the question is in favor of abandonment, the plan shall be abandoned. Subject to the provisions for transition back to the regular form of town government, the form of town government existing prior to adoption of the abandoned option shall be resumed in the town.

Subd. 7. Report by town clerk. When the question of adoption or abandonment of an option is submitted, the town clerk shall promptly file with the county auditor and the secretary of state a certificate stating the date of the election, the question submitted, and the vote on the question.

History: Laws 1975, c. 274, § 2, eff. June 3, 1975. Amended by Laws 1976, c. 41, § 2, eff. March 9, 1976; Laws 1984, c. 562, § 38; Laws 1986, c. 327, § 3; Laws 1986, c. 444; Laws 1988, c. 639, § 4; Laws 1989, c. 24, §§ 1 to 4; Laws 1990, c. 401, art. 1, § 1; Laws 2003, c. 60, § 3; Laws 2015, c. 70, art. 1, § 57, eff. July 1, 2015.

 

367.36. Clerk, treasurer combined; audit standards.

Subd. 1. Transition; audit. (a) In a town in which option D is adopted, the incumbent treasurer shall continue in office until the expiration of the term. Thereafter, or at any time a vacancy other than a temporary vacancy under section 367.03 occurs in the position, the duties of the treasurer prescribed by law shall be performed by the clerk who shall be referred to as the clerk-treasurer. If option D is adopted at an election in which the treasurer is also elected, the election of the treasurer’s position is void.

(b) If the offices of clerk and treasurer are combined and the town’s annual revenue is more than the amount in paragraph (c), the town board shall provide for an annual audit of the town’s financial affairs by the state auditor or a public accountant in accordance with minimum audit procedures prescribed by the state auditor. If the offices of clerk and treasurer are combined and the town’s annual revenue is the amount in paragraph (c) or less, the town board shall provide for an audit of the town’s financial affairs by the state auditor or a public accountant in accordance with minimum audit procedures prescribed by the state auditor at least once every five years, which audit shall be for a one-year period to be determined at random by the person conducting the audit. Upon completion of an audit by a public accountant, the public accountant shall forward a copy of the audit to the state auditor. For purposes of this subdivision, “public accountant” means a certified public accountant or a certified public accounting firm licensed in accordance with chapter 326A.

(c) For the purposes of paragraph (b), the amount in 2004 is $150,000, and in 2005 and after, $150,000 adjusted for inflation using the annual implicit price deflator for state and local expenditures as published by the United States Department of Commerce.

Subd. 2. Abandonment. If option D is abandoned, the office of treasurer that would be filled at that election shall be filled conditionally at that election, and the ballot shall indicate that the candidate shall assume office only if the option is abandoned as a result of the election.

History: Laws 1975, c. 274, § 7, eff. June 3, 1975. Amended by Laws 1986, c. 444; Laws 1990, c. 401, art. 1, § 1; Laws 1992, c. 592, § 6; Laws 1994, c. 546, § 1; Laws 1995, c. 27, § 1, eff. March 30, 1995; Laws 1995, c. 186, § 119; Laws 2001, c. 109, art. 2, § 6, eff. Jan. 1, 2003; Laws 2003, c. 60, § 5; Laws 2004, c. 281, § 1; Laws 2010, c. 191, § 6, eff. Aug. 1, 2010.

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CHAPTER 373 – COUNTIES; POWERS, DUTIES, PRIVILEGES

373.50. Postponement of election; inclement weather.

Subd. 1. Applicability. This section applies to a primary, special, or general election held in a county that is not held in conjunction with a state or federal election.

Subd. 2. Postponement of election. (a) In the event of severe or inclement weather, the county auditor may postpone an election when the National Weather Service or a law enforcement agency has issued storm warnings or travel advisories indicating that the weather conditions would make travel to a polling place difficult or hazardous for voters and election judges. When one or more jurisdictions are holding elections in conjunction with one another, the jurisdiction that covers the largest geographic area has the authority, after consulting with the other auditors and clerks, to make the decision to postpone all of the elections. A decision to postpone an election must apply to every precinct in the jurisdiction.

(b) A decision to postpone an election must be made no later than 6:00 p.m. on the day before the election. The auditor must contact the election judges and notify local media outlets of the postponement. The auditor must also post a notice on the jurisdiction’s website, if practicable.

(c) A postponed election must be rescheduled for the next following Tuesday after the election was originally scheduled. The date on which the postponed election will be held shall be considered the date of the election for purposes of absentee voting under chapter 203B. An election that is postponed due to weather may be postponed again if necessary under this section.

History: Laws 2010, c. 201, § 79, eff. Aug. 1, 2010.

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CHAPTER 375 – COUNTY BOARDS

375.025. Commissioner districts.

Subd. 1. Standards. The redistricting plan in use in a county shall be used until a new plan is adopted in accordance with this section. Each county shall be divided into as many districts numbered consecutively as it has members of the county board. Commissioner districts shall be bounded by town, municipal, ward, or precinct lines. Each district shall be composed of contiguous territory as regular and compact in form as practicable, depending upon the geography of the county involved and shall be as nearly equal in population as possible. No district shall vary in population more than ten percent from the average for all districts in the county, unless the result forces a voting precinct to be split. A majority of the least populous districts shall contain not less than a majority of the population of the county. A county may be redistricted by the county board after each federal census. When it appears after a federal census that the districts of the county are not in accord with the standards set forth in this subdivision, the county shall be redistricted by the county board within the times set in section 204B.135, subdivision 2. Before acting to redistrict, the county board, or a redistricting commission if one is appointed, shall publish three weeks’ notice of its purpose, stating the time and place of the meeting where the matter will be considered, in the newspaper having the contract to publish the commissioners’ proceedings for the county for the current year.

Subd. 2. Voters rights. Any qualified voter may apply to the district court of the county for a writ of mandamus (a) requiring the county to be redistricted if the county board has not redistricted the county within the time specified in subdivision 1, or (b) to revise the redistricting plan. Any application for revision of a redistricting plan filed with the county auditor that seeks to affect elections held in a year ending in two must be filed with the district court no later than one week before the first day to file for office in the year ending in “2.” The district court may direct the county board to show cause why it has not redistricted the county or why the redistricting plan prepared by it should not be revised. On hearing the matter it may allow the county board additional time in which to redistrict the county or to correct errors in the redistricting plan. If it appears to the court that the county board has not been sufficiently diligent in performing its redistricting duties, the court may appoint a redistricting commission to redistrict the county in accordance with the standards set forth in subdivision 1 and any other conditions the court shall deem advisable and appropriate. If a redistricting commission is appointed, the county board shall be without authority to redistrict the county.

Subd. 3. Redistricting commission. The redistricting commission shall be composed of not less than five nor more than nine residents of the county. No officer or employee of county or local government except notaries public shall be eligible for membership. Members of the commission shall not be eligible for election to the county board until two years after the redistricting in which they participated becomes effective. Members shall serve without pay but may be reimbursed their necessary expenses in the conduct of the business of the commission. The county board shall provide for the necessary expenses of the commission.

Subd. 4. Redistricting plan; election following redistricting. A redistricting plan whether prepared by the county board or the redistricting commission shall be filed in the office of the county auditor. A redistricting plan shall be effective on the 31st day after filing unless a later effective date is specified but no plan shall be effective for the next election of county commissioners unless the plan is filed with the county auditor not less than two weeks before the first date candidates may file for the office of county commissioner. One commissioner shall be elected in each district who, at the time of the election, is a resident of the district. A person elected may hold the office only while remaining a resident of the commissioner district or, after the last day to file for office during a year ending in “2,” while remaining a resident of the county. The county board or the redistricting commission shall determine the number of members of the county board who shall be elected for two-year terms and for four-year terms to provide staggered terms on the county board. Thereafter, all commissioners shall be elected for four years. When a county is redistricted, there shall be a new election of commissioners in all the districts at the next general election except that if the change made in the boundaries of a district is less than five percent of the average of all districts of the county, the commissioner in office at the time of the redistricting shall serve for the full period for which elected.

History: Laws 1974, c. 240, § 1. Amended by Laws 1980, c. 487, § 13; Laws 1984, c. 543, § 39; Laws 1984, c. 629, § 2; Laws 1986, c. 444; Laws 1987, c. 297, § 3; Laws 1991, c. 349, §§ 40, 41; Laws 1993, c. 32, § 1; Laws 2011, c. 18, §§ 8, 9, eff. April 30, 2011.

Notes and Decisions: Fourteenth amendment prohibits substantial variation in population of election districts. Avery v. Midland County Texas, 390 U.S. 474, 88 S. Ct. 1114 (1968). See also Hanlon v. Towey, 274 Minn. 187, 142 N.W.2d 741 (1966).

County Board of Commissioners was required to meet state’s statutory standards, including equal-population and population-deviation standards, when reapportioning county commissioner districts due to population changes, even if Board’s redistricting plan met federal constitutional standards. Fay v. St. Louis County Bd. Of Comm’rs, 661 N.W.2d 283 (Minn. App. 2003).

In redistricting county commissioner districts, county board was required to consider equality of population. Ziols v. Rice county Board of Comm’rs, 661 N.W.2d 283 (Minn. App. 2003).

Basis for applying election exception is based on change in population, not land area. Op. Atty. Gen. 768-d, January 13, 1976.

 

375.04. Tie determined by lot.

If two or more persons have an equal and the highest number of votes for the office of county commissioner in a district, the auditor shall give written notice to them to attend at the auditor’s office at a time specified. The auditor shall then and there, in their presence, publicly decide by lot which shall be declared elected. The person selected shall be the commissioner from the district.

History: Amended by Laws 1984, c. 629, § 2; Laws 1986, c. 444.

 

375.08. Board to fill vacancies in county offices.

When a vacancy occurs in the office of an elected county auditor, county treasurer, county recorder, sheriff, county attorney, county surveyor, or coroner, the county board shall fill it by appointment. For that purpose it shall meet at the usual place of meeting, upon one day’s notice from the chair or clerk, which shall be served personally upon each member in the same manner as a district court summons. The person appointed shall give the bond and take the oath required by law, and serve the remainder of the term, and until a successor qualifies. When a vacancy occurs in an office that has a chief deputy or first assistant, the chief deputy or first assistant may perform all the duties and functions of the office until it is filled by appointment by the county board.

History: Amended by Laws 1976, c. 181, § 2; Laws 1978, c. 706, § 65; Laws 1984, c. 629, § 2; Laws 1986, c. 444; Laws 2019, 1st Sp., c. 10, art. 2, § 17, eff. July 1, 2019.

 

375.101. Vacancy in office of county commissioner.

Subd. 1. Option for filling vacancies; special election. (a) Except as provided in subdivision 3, a vacancy in the office of county commissioner may be filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a special election. The county board may by resolution call for a special election to be held on a date authorized by section 205.10, subdivision 3a.

(b) The person elected at the special election shall take office immediately after receipt of the certificate of election and upon filing the bond and taking the oath of office and shall serve the remainder of the unexpired term. If the county has been reapportioned since the commencement of the term of the vacant office, the election shall be based on the district as reapportioned.

Subd. 2. When victor seated immediately. If a vacancy for which a special election is required occurs less than 120 days before the general election preceding the end of the term, the vacancy shall be filled by the person elected at that election for the ensuing term who shall take office immediately after receiving the certificate of election, filing the bond and taking the oath of office.

Subd. 3. Inability or refusal to serve. In addition to the events specified in section 351.02, a vacancy in the office of county commissioner may be declared by the county board when a commissioner is unable to serve in the office or attend board meetings for a 90-day period because of illness, or because of absence from or refusal to attend board meetings for a 90-day period. If any of the preceding conditions occurs, the county board may, after the board by resolution has declared a vacancy to exist, make an appointment to fill the vacancy at a regular or special meeting for the remainder of the unexpired term or until the ill or absent member is again able to resume duties and attend county board meetings, whichever is earlier. If the original member is again able to resume duties and attend board meetings, the board shall by resolution so determine and remove the appointed officeholder and restore the original member to office.

Subd. 4. Vacancies of less than one year; appointment option. Except as provided in subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any other vacancy in the office of county commissioner may be filled by board appointment at a regular or special meeting. The appointment shall be evidenced by a resolution entered in the minutes and shall continue until an election is held under this subdivision. All elections to fill vacancies shall be for the unexpired term. If one year or more remains in the unexpired term, a special election must be held under subdivision 1. If less than one year remains in the unexpired term, the county board may appoint a person to fill the vacancy for the remainder of the unexpired term, unless the vacancy occurs within 90 days of the next county general election, in which case an appointment shall not be made and the vacancy must be filled at the general election. The person elected to fill a vacancy at the general election takes office immediately in the same manner as for a special election under subdivision 1, and serves the remainder of the unexpired term and the new term for which the election was otherwise held.

Subd. 5. County boards vacancy appointment; public hearing. Before making an appointment to fill a vacancy under subdivision 4, the county board must hold a public hearing not more than 30 days after the vacancy occurs with public notice given in the same manner as for a special meeting of the county board. At the public hearing the board must invite public testimony from persons residing in the district in which the vacancy occurs relating to the qualifications of prospective appointees to fill the vacancy. Before making an appointment, the board also must notify public officials in the affected district on the appointment, including town board and city council members, and must enter into the record at the board meeting in which the appointment is made the names and addresses of the public officials notified. If after the public hearing, the board is unable or decides not to make an appointment under subdivision 4, it must hold a special election under subdivision 1, but the time period in which the election must be held begins to run from the date of the public hearing.

History: Laws 1975, c. 280, § 2. Amended by Laws 1984, c. 629, § 2; Laws 1996, c. 422, § 1; Laws 2007, c. 52, §§ 1, 2, eff. May 10, 2007; Laws 2008, c. 246, §§ 1, 2, eff. Aug. 1, 2008; Laws 2010, c. 201, §§ 80, 81, eff. April 2, 2010; Laws 2017, c. 92, art. 2, § 18, eff. Jan. 1, 2018.

 

375.20. Ballot questions.

If the county board may do an act, incur a debt, appropriate money for a purpose, or exercise any other power or authority, only if authorized by a vote of the people, the question may be submitted at a special or general election, by a resolution specifying the matter or question to be voted upon. If the question is to authorize the appropriation of money, creation of a debt, or levy of a tax, it shall state the amount. Notice of the election shall be given as in the case of special elections. If the question submitted is adopted, the board shall pass an appropriate resolution to carry it into effect. In the election the form of the ballot shall be: “Shall (here state the substance of the resolution to be submitted)?, Yes …… No……,”. The county board may call a special county election upon a question to be held within 74 days after a resolution to that effect is adopted by the county board. Upon the adoption of the resolution the county auditor shall post and publish notices of the election, as required by section 204D.22, subdivisions 2 and 3. The election shall be conducted and the returns canvassed in the manner prescribed by sections 204D.20 to 204D.27, so far as practicable.

History: Amended by Laws 1961, c. 560, § 32; Laws 1975, c. 5, § 133; Laws 1981, c. 29, art. 7, § 34; Laws 1984, c. 629, § 2; Laws 1986, c. 444; Laws 2013, c. 131, art. 2, § 79, eff. July 1, 2013.

Notes and Decisions: Special election may be held for approval of county hospital. Op. Atty. Gen. 1001-b, May 24, 1991.

Questions of moving county seat and questions of bond sale to defray costs could be presented as separate questions on same ballot. Op. Atty. Gen. 125- a-19, August 27, 1971.

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CHAPTER 375A – OPTIONAL FORMS OF COUNTY GOVERNMENT

375A.10. Options relating to certain county offices.

Subd. 1. General. Notwithstanding the provisions of any other law to the contrary and in addition to the other options provided by sections 375A.01 to 375A.13, any county may adopt one or more of the options provided for in this section. Until the adoption of any one or more of the options herein enumerated, each county shall operate under the plan of county government relating to the county offices enumerated in this section which was in effect for that county on July 1, 1973.

Subd. 2. Certain offices. In addition to the other options provided by sections 375A.01 to 375A.13, any county may institute one or more of the following options; except that a county which has adopted the auditor-administrator plan may not provide for the appointment of the auditor or the consolidation of the offices of auditor and treasurer while the auditor-administrator plan is in force:

(a) provide for the appointment of one or more of the following offices if they have not been abolished by the adoption of other options: County auditor, county treasurer, sheriff, or county recorder;

(b) provide for the office of county civil counsel;

(c) consolidation of the offices of county auditor and treasurer.

Subd. 3. Appointment. In any county exercising the option provided in subdivision 2, clause (a), relating to the offices of county auditor, county treasurer, sheriff, or county recorder, the offices shall be filled by appointment by the board of county commissioners unless the office is hereafter abolished or terminated as provided by law or pursuant to a reorganization or consolidation. The duties, functions and responsibilities which have been heretofore and which shall be hereafter required by statute to be performed by the elected officials whose offices are to be made appointive shall be vested in and performed by the board of county commissioners of that county through department heads appointed by the board for that purpose. In effecting this option, the board of county commissioners shall have the authority to initiate and direct any reorganization, consolidation, reallocation or delegation of such duties, functions or responsibilities for the purpose of promoting efficiency in county government and make such other administrative changes including abolishing or terminating the offices or the transfer of personnel, as are deemed necessary for this purpose without diminishing, prohibiting, or avoiding those specific duties required by statute to be performed by those officials. The officer elected to the respective office at the time of the adoption of this option shall serve as the head of any department created by the board of county commissioners to perform the functions formerly performed by the office and shall serve until the term of office expires.

Subd. 4. County counsel; county prosecution. In any county exercising the option provided in subdivision 2, clause (b), the county board is authorized to establish the office of county civil counsel and may by resolution appoint an attorney at law to the office; provided that if a county adopts either the elected executive or the county manager plan, the county civil counsel shall be appointed and removed by the elected executive or county manager, subject to the approval of the county board. The county board shall determine the compensation for the county counsel. If a county counsel is appointed, the county attorney shall continue to exercise all duties relating to the prosecution of crimes as provided by law. The county counsel shall be the legal advisor to the county board and county officials involving any official act of a civil nature. The county counsel shall prosecute and defend all civil actions and proceedings in which the county or any officer is concerned in official capacity or is a party. County counsel shall perform such additional and related duties as may be prescribed by law and directed by the county board. The county counsel and the county attorney may apply for and shall receive opinions from the attorney general on matters of public importance as provided in section 8.07.

Subd. 5. Auditor-treasurer. In any county exercising the option provided in subdivision 2, clause (c), the office shall be known thereafter as the office of auditor-treasurer, if the office is to remain elective. If the board chooses to make the office of auditor-treasurer elective, and not require a referendum, it must act with the concurrence of at least 80 percent of its members.

In the exercise of this option, the county board shall direct which of the offices of auditor or treasurer shall be terminated for the purpose of providing for the election to the single office of auditor-treasurer. The duties, functions and responsibilities which have been heretofore and which shall hereafter be required by statute to be performed by the county auditor and the county treasurer shall be vested in and performed by the auditor-treasurer without diminishing, prohibiting or avoiding those specific duties required by statute to be performed by the county auditor and the county treasurer.

Nothing in this subdivision shall preclude the county from exercising the option to make the combined office of auditor-treasurer appointive as if it had been specifically enumerated in subdivision 2. If the combined office is to be appointive, a referendum under section 375A.12 shall be necessary, except as provided by section 375A.1205.

If the combined office is to be elective, a referendum under section 375A.12 shall be necessary if:

(a) the county board requires a referendum; or

(b) a referendum is required by a petition of a number of voters equal to ten percent of those voting in the county at the last general election that is received by the county auditor within 30 days after the second publication of the board resolution that orders the combination.

The persons last elected to the positions of auditor and treasurer before adoption of the resolution shall serve in those offices and perform the duties of those offices until the completion of the terms to which they were elected.

Subd. 6. Oaths, bonds. When any of the offices referred to in this section are combined or consolidated, the person filling the combined office shall take the oath of each office and shall give the bond required by the county board provided that if one of the offices combined is the office of county treasurer, the bond shall be in an amount not less than that required of a county treasurer in that county.

History: Laws 1973, c. 542, § 10, eff. July 1, 1973. Amended by Laws 1976, c. 181, § 2; Laws 1986, c. 444; Laws 1993, c. 75, § 1; Laws 2019, 1st Sp., c. 10, art. 2, § 18, eff. July 1, 2019.

 

375A.12. How, when to adopt, abandon options.

Subd. 1. This section governs; exceptions. Except as otherwise provided in sections 375A.01 to 375A.13 the options provided in sections 375A.01 to 375A.10 shall be adopted in the manner and at the times specified in this section.

Subd. 2. Form of government options. Except as provided in section 375A.1205 or by special law, the options provided in sections 375A.01 to 375A.10 shall be adopted in any county only after an affirmative vote of the voters in the county on the question of the adoption of the option. Except as provided in section 375A.01, only one such plan may be submitted at any one election.

Subd. 3. Referenda; procedure. Any referendum required to be held as a condition of the adoption of an option may be initiated by a resolution by the county board, a recommendation of a county government study commission or a petition signed by voters equal in number to five percent of the electors voting at the last previous election for the office of governor requesting that a referendum be held on the adoption of one or more of the options provided in sections 375A.01 to 375A.10. If a study commission has been established, a referendum on an option may not be initiated by a resolution of the county board or a petition of voters until after the study commission has completed its study provided for in section 375A.13, subdivision 3.

Subd. 4. Conduct of election. When a referendum is required to be held, the county auditor shall conduct the referendum following the procedures provided in section 375.20, as far as practicable, and not inconsistent with sections 375A.01 to 375A.10. The referendum may be held at any primary, general or special election held not less than 30 days before the first day on which candidates may file for county office.

Subd. 5. Form of ballot. In the submission of any proposal pursuant to subdivision 2 the ballot shall be substantially in the following form:

“Shall the office(s) of ……. be appointed rather than elected at the expiration of the(ir) current term(s)?”

Subd. 6. Optional forms; abandonment. Any optional plan or other option provided for in sections 375A.01 to 375A.13 may be abandoned by the same procedures required for the adoption of the optional plan or the option. Except as otherwise provided in sections 375A.01 to 375A.13 any plan or option shall remain in effect until abandoned or another plan or option is adopted, but a plan or option shall remain in effect not less than three years after its adoption before proceedings to abandon may be commenced, except that options consistent with the at-large chair plan and the administrator plan may be adopted at any time after either the at-large chair plan or the administrator plan has been adopted.

History: Laws 1973, c. 542, § 12, eff. July 1, 1973. Amended by Laws 1986, c. 399, art. 1, §§ 25, 26; Laws 1986, c. 416, §§ 7, 8; Laws 1986, c. 444; Laws 1998, c. 349, § 1, eff. April 3, 1998; Laws 2014, c. 264, § 28, eff. May 17, 2014; Laws 2019, 1st Sp., c. 10, art. 2, § 19, eff. July 1, 2019.

Notes and Decisions: County board could not consolidate offices of auditor and treasurer without voter approval. Op. Atty. Gen. 125a-69, May 5, 1981.

 

375A.1205. Appointing county officers.

Subd. 1. Authority to appoint certain officers. A county board may appoint the county auditor, county treasurer, or county recorder under section 375A.10, subdivision 2, or the auditor-treasurer under section 375A.10, subdivision 5, by following the process outlined in this section. Notwithstanding section 375A.12, a referendum is not required if the appointment is made pursuant to this section. A county board shall only use the authority to appoint under the following circumstances:

(1) there is a vacancy in the office as provided in section 351.02;

(2) the current office holder has notified the county board that the officer will not file for the office, as provided in subdivision 2; or

(3) there is a signed contract with the county board and the incumbent auditor, treasurer, auditor-treasurer, or recorder that provides that the incumbent officer will be appointed to the position and retain tenure, pay, and benefits equal to or greater than length of service.

Subd. 2. Responsibility of county officer. At least 104 days before the filing date for office under section 204B.09, an elected county officer must notify the county board in writing whether the officer will be filing for another term. If the officer indicates in writing that the officer will not file for the office and the county board has passed a resolution under subdivision 6, affidavits of candidacy will not be accepted for that office, and the office will not be placed on the ballot.

Subd. 3. Board controls; may change as long as duties done. Upon adoption of a resolution by the county board of commissioners and subject to subdivisions 5 and 6, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose. Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

Subd. 4. Discharge or demotion. (a) A county auditor, county treasurer, county auditor-treasurer, or county recorder who was elected at the most recent election for that office prior to a county board resolution to make the office an appointed position, and the elected official is subsequently appointed by the county board to the office, may not be involuntarily demoted or discharged except for incompetency or misconduct.

(b) Prior to demoting or discharging an office holder under this subdivision, the board must notify the office holder in writing and state its grounds for the proposed demotion or discharge in reasonable detail. Within ten days after receipt of this notification, the office holder may make a written request for a hearing before an arbitrator and the request must be granted before final action is taken. Failure to request a hearing before an arbitrator during this period is considered acquiescence to the board’s action. The board may suspend an office holder with pay pending the conclusion of the hearing and determination of the issues raised in the hearing after charges have been filed which constitute grounds for demotion or discharge. If an office holder has been charged with a felony and the underlying conduct that is the subject of the felony charge is grounds for a proposed discharge, the suspension pending the conclusion of the hearing and determination of the issues may be without pay. If a hearing under this subdivision is held, the board must reimburse the office holder for any salary or compensation withheld if the final decision of the arbitrator does not result in a penalty or discharge of the office holder.

(c) If the office holder and the board are unable to mutually agree on an arbitrator, the board must request from the Bureau of Mediation Services a list of seven persons qualified to serve as an arbitrator. If the office holder and the board are unable to mutually agree on an arbitrator from the list provided, the parties shall alternately strike names from the list until the name of one arbitrator remains. The person remaining after the striking procedure must be the arbitrator. If the parties are unable to agree on who shall strike the first name, the question must be decided by a flip of a coin. The office holder and the board must share equally the costs and fees of the arbitrator except as set forth in paragraph (g).

(d) The arbitrator shall determine, by a preponderance of the evidence, whether the grounds for discharge or demotion exist to support the proposed discharge or demotion. A lesser penalty than demotion or discharge may be imposed by the arbitrator only to the extent that either party proposes such lesser penalty in the proceeding. In making the determination, the arbitration proceeding is governed by sections 572B.15 to 572B.28.

(e) An arbitration hearing conducted under this subdivision is a meeting for preliminary consideration of allegations or charges within the meaning of section 13D.05, subdivision 3, paragraph (a), and must be closed, unless the office holder requests it to be open.

(f) The arbitrator’s award is final and binding on the parties, subject to sections 572B.18 to 572B.28.

(g) In the event the arbitrator rules not to demote or discharge the office holder, the board shall pay all of the costs and fees of the arbitrator and the attorney fees of the office holder.

Subd. 5. Incumbents to complete term. The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected, or until a vacancy occurs in the office, whichever occurs earlier.

Subd. 6. Publishing resolution; petition; referendum. (a) Before the adoption of the resolution to provide for the appointment of an office as described in subdivision 1, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week, for two consecutive weeks, in the official publication of the county. Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at its next regular meeting for public comment relating to the issue. After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the office or offices as permitted in this section. The resolution must be approved by at least 80 percent of the members of the county board. The resolution may take effect 30 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

(b) Except when an office is made appointive under subdivision 1, clause (3), within 30 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor. The petition must be signed by at least ten percent of the registered voters of the county. The petition must meet the requirements of the secretary of state, as provided in section 204B.071, and any rules adopted to implement that section. If the petition is sufficient, the county board resolution is rescinded.

Subd. 7. Reverting to elected offices. (a) The county board may adopt a resolution to provide for the election of an office that was made an appointed position under this section, but not until at least three years after the office was made an appointed position. The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week, for two consecutive weeks, in the official publication of the county. Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue. After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt the resolution. The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

(b) The question of whether an office that was made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if: (1) the position has been an appointed position for at least three years; (2) a petition signed by at least ten percent of the registered voters of the county is filed with the office of the county auditor by August 1 of the year in which the general election is held; and (3) the petition meets the requirements of the secretary of state, as provided in section 204B.071, and any rules adopted to implement that section. If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for that office must be held at the next regular or special election.

History: Laws 2019, 1st Sp., c. 10, art. 2, § 20, eff. July 1, 2019.

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CHAPTER 382 – COUNTY OFFICERS

382.10. Bonds recorded.

Official bonds of county officers when approved by the county board, and their oaths of office and the bonds and oaths of their deputies, except county recorder, shall be recorded in the office of the county recorder.

History: Amended by Laws 1973, c. 524, § 2; Laws 1976, c. 181, § 2; Laws 2005, c. 4, § 69.

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CHAPTER 383B – HENNEPIN COUNTY

CENTRAL PURCHASING

383B.151. Financial interest forbidden.

No official, person authorized to make purchases, or county employee shall be financially interested, either directly or indirectly, in any contract or purchase order for any goods, materials, supplies, equipment or contracted service furnished to or used by any department, board, commission or agency of the county government. No public official, person authorized to make purchases, or county employee may accept or receive, directly or indirectly from any person, firm or corporation to which any contract or purchase order may be awarded any money or anything of value whatsoever or any promise, obligation or contract for future reward or compensation, except as authorized under section 10A.071, subdivision 3, or 471.895, subdivision 3. Any violation of the provisions of this section shall be a gross misdemeanor.

History: Laws 1979, c. 198, art. 4, § 11. Amended by Laws 2005, c. 156, art. 6, § 64.

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CHAPTER 387 – SHERIFF

387.01. Qualifications; bond; oath.

Every person who files as a candidate for county sheriff must be licensed as a peace officer in this state. Every person appointed to the office of sheriff must become licensed as a peace officer before entering upon the duties of the office. Before entering upon duties every sheriff shall give bond to the state in a sum not less than $25,000 in counties whose population exceeds 150,000, and not less than $5,000 in all other counties, to be approved by the county board, conditioned that the sheriff will well and faithfully in all things perform and execute the duties of office, without fraud, deceit, or oppression, which bond, with an oath of office, shall be recorded with the county recorder.

History: Amended by Laws 1973, c. 668, § 1; Laws 1976, c. 181, § 2; Laws 1986, c. 444; Laws 1997, c. 147, § 76; Laws 2005, c. 4, § 90.

Notes and Decisions: Statute requiring sheriff to be licensed peace officer was valid. Elbers v. Growe, 502 N.W.2d 810 (Minn. Ct. App. 1993).

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CHAPTER 388 – COUNTY ATTORNEY

388.01. Election; qualifications; term.

There shall be elected in each county a county attorney who shall be licensed to practice law in this state, and whose term of office shall be four years and until a successor qualifies. Before entering upon duties the county attorney shall take an oath. The oath must be recorded with the county recorder.

History: Amended by Laws 1959, c. 189, § 1; Laws 1965, c. 749, § 1, eff. July 1, 1965; Laws 1973, c. 524, § 6; Laws 1976, c. 181, § 2; Laws 1986, c. 444; Laws 1991, c. 326, § 20; Laws 1997, c. 147, § 77; Laws 2005, c. 4, § 92.

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CHAPTER 410 – CLASSIFICATION; CHARTERS

410.01. Cities, classes.

Cities are hereby divided, for legislative purposes, into classes as follows:

First class–Those having more than 100,000 inhabitants provided that once a city is defined to be of the first class, it shall not be reclassified unless its population decreases by 25 percent from the census figures which last qualified the city for inclusion in the class;

Second class–Those having more than 20,000 and not more than 100,000 inhabitants;

Third class–Those having more than 10,000 and not more than 20,000 inhabitants, and

Fourth class–Those having not more than 10,000 inhabitants.

Changes in classification resulting from any future national census shall take effect upon the filing of certified copies of the census in the office of the secretary of state as provided in section 600.18. Meanwhile the council or other governing body shall take measures for the election of proper officials and for dividing the city into wards, if necessary, and otherwise prepare for the coming change.

History: Amended by Laws 1951, c. 348, § 1; Laws 1959, c. 510, § 1; Laws 1978, c. 489, § 1.

 

410.015. Definitions relating to cities.

The term “statutory city” means any city which has not adopted a home rule charter pursuant to the constitution and laws; the words “home rule charter city” mean any city which has adopted such a charter. In any law adopted after July 1, 1976, the word “city” when used without further description extending the application of the term to home rule charter cities means statutory cities only.

History: Laws 1976, c. 44, § 19, eff. March 13, 1976. Amended by Laws 1976, c. 155, § 3.

 

410.10. Charter election.

Subd. 1. Timing; procedure; recall. Upon delivery of such draft, the council or other governing body of the city shall cause the proposed charter to be submitted at the next general election thereafter occurring in the city within six months after the delivery of such draft, and if there is no general city election occurring in the city within six months after the delivery of such draft, then the council or other governing body of the city shall cause the proposed charter to be submitted at a special election to be held on a date authorized by section 205.10, subdivision 3a. The council or other governing body may call a special election for that purpose only at any time. If the election is held at the same time with the general election, the voting places and election officers shall be the same for both elections. At any time before the council has fixed the date of the election upon the proposed charter, the charter commission may recall it for further action; and the council may authorize recall of the charter by the commission at any later date prior to the first publication of the proposed charter.

Subd. 2. Election notice; publication. The notice of election shall contain the complete charter and shall be published once a week for two successive weeks in the official newspaper of the city, or if there be none, in a legal newspaper of general circulation in the city. In every city of the first class, the publication shall be made in a newspaper having an aggregate regular paid circulation of at least 25,000 copies. The governing body may in addition thereto publish the notice in any other legal newspaper published in the city.

Subd. 3. Ballot words, form. The ballot shall bear the printed words, “Shall the proposed new charter be adopted? Yes …. No ….,” with a square after each of the last two words, in which the voter may place a cross to express a choice. If any part of such charter be submitted in the alternative, the ballot shall be so printed as to permit the voter to indicate a preference in any instance by inserting a cross in like manner.

Subd. 4. Rejection; later proposals. If any charter so submitted be rejected the charter commission may propose others from time to time until one is adopted.

History: Amended by Laws 1959, c. 305, § 5; Laws 1961, c. 608, § 4; Laws 1973, c. 123, art. 5, § 7; Laws 1986, c. 444; Laws 2017, c. 92, art. 2, § 23, eff. Jan. 1, 2018.

Notes and Decisions: Council is not required to submit manifestly unconstitutional proposal to voters. Davies v. City of Minneapolis, 316 N.W.2d 498 (Minn. 1982).

Mandamus will lie to force council to call election on charter or amendment. State ex rel. Lowe v. Barlow, 129 Minn. 181, 151 N.W. 970 (1915).

 

410.12. Amendments.

Subd. 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 17 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth.

Subd. 1a. Alternative methods of charter amendment. A home rule charter may be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7.

Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof as provided by this section. A petition must contain each petitioner’s signature in ink or indelible pencil and must indicate after the signature the place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of five electors of the city, and on each paper the names and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows:

State of ………………)
) ss.
County of ……………)

………….. ……………… being duly sworn, deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiant’s presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be.

Signed ………………..

(Signature of Circulator)

Subscribed and sworn to before me

this ……. day of …… ……

Notary Public (or other officer)

authorized to administer oaths

The foregoing affidavit shall be strictly construed and any affiant convicted of swearing falsely as regards any particular thereof shall be punishable in accordance with existing law.

Subd. 3. May be assembled as one petition. All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the city council, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any petition paper entirely invalid which is not attested by the circulator thereof as required in this section. Upon completing an examination of the petition, the city clerk shall certify the result of the examination to the council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of the findings. A petition may be amended at any time within ten days after the making of a certificate of insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall within five days after such amendment is filed, make examination of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk’s office and notify the committee of the petitioners of the findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose.

Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment.

Subd. 5. Amendments proposed by council. The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the proposed amendment but before the expiration of such period the commission may extend the time for review for an additional 90 days by filing with the city clerk its resolution determining that an additional time for review is needed. After reviewing the proposed amendment, the charter commission shall approve or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify the council of the action taken. On notification of the charter commission’s action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the charter commission. The amendment shall become effective only when approved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner as other amendments. Nothing in this subdivision precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1.

Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class having a home rule charter may propose charter amendments by ordinance without submission to the charter commission. Such ordinance, if enacted, shall be adopted by at least a four-fifths vote of all its members after a public hearing upon two weeks’ published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. The council shall submit the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three months after the passage of the ordinance. The amendment becomes effective only when approved by the voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments.

Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition must be signed by registered voters equal in number to at least five percent of the registered voters in the city or 2,000, whichever is less. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters.

History: Amended by Laws 1949, c. 122, § 1; Laws 1959, c. 305, §§ 3, 4; Laws 1961, c. 608, §§ 5, 6; Laws 1969, c. 1027, § 3, eff. June 7, 1969; Laws 1973, c. 503, §§ 1 to 4; Laws 1986, c. 444; Laws 1998, c. 254, art. 1, § 107; Laws 1999, c. 132, § 42; Laws 2005, c. 93, § 1; Laws 2008, c. 331, § 7, eff. Aug. 1, 2008; Laws 2010, c. 184, § 43, eff. March 4, 2010.

Notes and Decisions: City properly rejected ballot question on proposed charter amendment on grounds that amendment was preempted by state statute. Jennissen v. City of Bloomington, 904 N.W.2d 234 (Minn. Ct. App. 2017).

Proposed city charter amendment requiring police officers to maintain professional liability insurance conflicted with state law, and therefore city properly refused to place amendment on ballot based on conflict preemption. Bicking v. City of Minneapolis, 891 N.W.2d 304 (Minn. 2017).

It is absolute duty of city council to submit properly proposed charter amendments for vote unless it is apparent they are not constitutional. Davies v. City of Minneapolis, 316 N.W.2d 498 (Minn. 1982); State v. Beach, 155 Minn. 33, 191 N.W. 1012 (1912).

Blank ballots would not be considered in computing results of charter amendment election. Godward v. City of Minneapolis, 190 Minn. 51, 250 N.W. 719 (1933); Op. Atty. Gen. 58-I, October 20, 1966.

Ballot could not provide that only voters who voted for first proposed amendment could vote on second and third proposals. Op. Atty. Gen. 28-a-5, August 7, 1970.

Amendment to several charter sections relating one issue may be submitted to voters as one general question. Op. Atty. Gen. 58-I, November 16, 1951.

City council has no veto power over proposed amendment. Op. Atty. Gen. 48-c, September 22, 1951.

 

410.121. Sale of intoxicating liquor or wine; favorable vote.

If the charter which is to be amended or replaced contains provisions which prohibit the sale of intoxicating liquor or wine in certain areas, such provisions shall not be amended or removed unless 55 percent of the votes cast on the proposition shall be in favor thereof.

History: Laws 1969, c. 1027, § 2, eff. June 7, 1969.

 

410.191. City council members; city employment.

Notwithstanding any charter provision, neither the mayor nor any city council member may be employed by the city. For purposes of this section, “employed” refers to full-time permanent employment as defined by the city’s employment policy.

History: Laws 2010, c. 206, § 1, eff. Aug. 1, 2010.

 

410.20. Recall and removal of officers; ordinances.

Such commission may also provide for the recall of any elective municipal officer and for removal of the officer by vote of the electors of such city, and may also provide for submitting ordinances to the council by petition of the electors of such city and for the repeal of ordinances in like manner; and may also provide that no ordinance passed by the council, except an emergency ordinance, shall take effect within a certain time after its passage, and that if, during such time, a petition be made by a certain percentage of the electors of the city protesting against the passage of such ordinance until the same be voted on at an election held for such purpose, and then such ordinance to take effect or not as determined by such vote.

History: Amended by Laws 1959, c. 305, § 5; Laws 1986, c. 444.

Notes and Decisions: Proposed charter amendment to allow referendum on “any action” of council was invalid. Housing and Redev. Auth. of Minneapolis v. City of Minneapolis, 293 Minn. 227, 198 N.W.2d 531 (1972).

Power of referendum is limited to acts of legislative character involving permanent or uniform rules of law. Hanson v. City of Granite Falls, 529 N.W.2d 485 (Minn. Ct. App. 1995).

 

410.21. Application of general election laws.

The provisions of any charter of any such city adopted pursuant to this chapter shall be valid and shall control as to nominations, primary elections, and elections for municipal offices, notwithstanding that such charter provisions may be inconsistent with any general law relating thereto, and such general laws shall apply only in so far as consistent with such charter.

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CHAPTER 412 – STATUTORY CITIES

1973 BASIC LAW

412.02. City elections; officers, terms, vacancies, city employees

Subd. 1. Officers elected. The following officers shall be elected for the terms and in the years shown and in the cities described in the table.

Mayor

Number of Years in Term: Two or four

Year Elected: Every two years except where four years is otherwise provided pursuant to statute

City Elected: Every statutory city

Clerk

Number of Years in Term: Four

Year Elected: Every four years in year when treasurer is not elected

City Elected: Every statutory standard plan city in which there is no clerk-treasurer

Treasurer

Number of Years in Term: Four

Year Elected: Every four years in year in which clerk is not elected

City Elected: Every statutory standard plan city in which there is no clerk-treasurer

Clerk-Treasurer

Number of Years in Term: Four

Year Elected: Every four years in year in which one council member is elected

City Elected: Every statutory standard plan city where such office exists pursuant to subdivision 3

Three Council Members

Number of Years in Term: Four

Year Elected: Two every four years and one in alternative election

City Elected: Every statutory standard plan city with a council of five

Four Council Members

Number of Years in Term: Four

Year Elected: Two each election

City Elected: Every statutory optional plan city with a council of five

Five Council Members

Number of Years in Term: Four

Year Elected: Three every four years and two in alternative election

City Elected: Every statutory standard plan city with a council of seven

Six Council Members

Number of Years in Term: Four

Year Elected: Three each election

City Elected: Every statutory optional plan city with a council of five

Subd. 1a. City council; city employees. Neither the mayor nor any city council member may be employed by the city. For purposes of this subdivision, “employed” refers to full-time permanent employment as defined by the city’s employment policy.

Subd. 2. Term. Terms of elective officers shall commence on the first Monday in January following the election at which the officer is chosen. All officers chosen and qualified as such shall hold office until their successors qualify.

Subd. 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor. The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election.

Subd. 2b. Inability or refusal to serve. A vacancy in the office of mayor or council member may be declared by the council when the officeholder is unable to serve in the office or attend council meetings for a 90-day period because of illness, or because of absence from or refusal to attend council meetings for a 90-day period. If any of the preceding conditions occurs, the council may, after it has by resolution declared a vacancy to exist, fill the vacancy at a regular or special council meeting for the remainder of the unexpired term, or until the person is again able to resume duties and attend council meetings, whichever is earlier. When the person is again able to resume duties and attend council meetings, the council shall by resolution remove the temporary officeholder and restore the original officeholder.

Subd. 3. Clerk, treasurer combined; audit standards. (a) In cities operating under the standard plan of government the council may by ordinance adopted at least 60 days before the next regular city election combine the offices of clerk and treasurer in the office of clerk-treasurer, but such an ordinance shall not be effective until the expiration of the term of the incumbent treasurer or when an earlier vacancy occurs. After the effective date of the ordinance, the duties of the treasurer and deputy treasurer as prescribed by this chapter shall be performed by the clerk-treasurer or a duly appointed deputy. The offices of clerk and treasurer may be reestablished by ordinance.

(b) If the offices of clerk and treasurer are combined as provided by this section and the city’s annual revenue for all governmental and enterprise funds combined is more than the amount in paragraph (c), the council shall provide for an annual audit of the city’s financial affairs by the state auditor or a public accountant in accordance with minimum auditing procedures prescribed by the state auditor. If the offices of clerk and treasurer are combined and the city’s annual revenue for all governmental and enterprise funds combined is the amount in paragraph (c), or less, the council shall provide for an audit of the city’s financial affairs by the state auditor or a public accountant in accordance with minimum audit procedures prescribed by the state auditor at least once every five years, which audit shall be for a one-year period to be determined at random by the person conducting the audit.

(c) For the purposes of paragraph (b), the amount in 2004 is $150,000, and in 2005 and after, $150,000 adjusted for inflation using the annual implicit price deflator for state and local expenditures as published by the United States Department of Commerce.

Subd. 4. Repealed by Laws 1973, c. 34, § 7.

Subd. 5. Repealed by Laws 1983, c. 359, § 151.

Subd. 6. Council increased or reduced. The council may by ordinance adopted at least 60 days before the next regular city election submit to the voters of the city the question of whether the city council should be increased or reduced to seven or five members. The ordinance shall include a schedule of elections and terms to accomplish the change. The proposal shall be voted on at the next city general election and, if approved by a majority of those voting on the question, go into effect in accordance with the schedule.

History: Laws 1959, c. 675, art. 6, § 30. Amended by Laws 1961, c. 230, § 1; Laws 1963, c. 799, § 5; Laws 1963, c. 811, § 1; Laws 1965, c. 417, §§ 1 to 4, eff. July 1, 1965; Laws 1967, c. 289, § 2, eff. May 4, 1967; Laws 1973, c. 34, § 1; Laws 1973, c. 123, art. 2, §§ 1, 2, eff. Jan. 1, 1974; Laws 1973, c. 492, § 7; Laws 1974, c. 337, § 5; eff. March 29, 1974; Laws 1976, c. 2, § 131; Laws 1976, c. 44, § 21, eff. March 13, 1976; Laws 1981, c. 172, §§ 3, 4, eff. May 12, 1981; Laws 1983, c. 359, § 62; Laws 1986, c. 444; Laws 1989, c. 30, §§ 1, 2; Laws 1995, c. 27, § 2, eff. March 30, 1994; Laws 1996, c. 422, §§ 2, 3; Laws 1999, c. 75, § 2; Laws 1999, c. 132, § 43; Laws 2004, c. 281, § 2; Laws 2010, c. 206, § 2, eff. Aug. 1, 2010.

Notes and Decisions: Person elected to fill remainder of unexpired term may assume office upon receipt of election certificate. Op. Atty. Gen. 471-m, November 23, 1999.

Majority of councilmen cannot resign leaving council powerless to transact business. They must hold office until their successors are chosen and qualify. Op. Atty. Gen. 47J, April 17, 1967.

Upon a finding that a village trustee had ceased to be an inhabitant of the village, the council was authorized to declare a vacancy and fill each vacancy by appointment pursuant to this section. Op. Atty. Gen. 471M, February 23, 1967.

A vacancy in office of the treasurer must be filled by village council although it is to be combined with the office of clerk at a later date. Op. Atty. Gen. 358E-7, March 5, 1965.

“Lame Duck” trustee can vote on appointment filling vacancy. Majority of those voting carry appointment motion. Op. Atty. Gen. 471M, December 29, 1958.

Trustee who has ceased to be an inhabitant of village does not have right to maintain such office, and he has no right to vote for a successor. Op. Atty. Gen. 471M, June 6, 1958.

Where nonresident received highest number of votes for office of treasurer, a vacancy occurs which should be filled by appointment. Op. Atty. Gen., December 8, 1947.

A vacancy does not occur because of absence in military service. Op. Atty. Gen., September 4, 1942.

 

412.022. Council may provide four-year term.

Subd. 1. Procedure. The council may, by ordinance, establish a four-year term or reestablish a two-year term for the office of mayor commencing with the ensuing term, except that in a standard plan city which establishes a four-year term for mayor, the first mayor to serve a four-year term shall be elected at the first election when the clerk is not to be elected. In any case the ordinance shall not affect the term of the mayor elected in the year in which it is adopted unless it is adopted at least four weeks before the closing date for the filing of affidavits of candidacy for such election.

Subds. 2, 3. Repealed by Laws 1976, c. 44, § 70, eff. March 13, 1976.

History: Laws 1967, c. 289, § 16, eff. May 4, 1967. Amended by Laws 1969, c. 238, § 1, eff. April 30, 1969; Laws 1973, c. 34, § 3; Laws 1973, c. 123, art. 2, § 1; Laws 1976, c. 44, § 22, eff. March 13, 1976; Laws 1984, c. 655, art. 1, § 64.

 

OPTIONAL PLANS TO GOVERN CITY

412.541. Optional plans.

Subd. 1. Optional Plan A. Any statutory city may provide for the appointment of its clerk and treasurer, or clerk-treasurer and the election of an additional council member as hereinafter provided in this chapter. These departures from the standard form of government are referred to hereafter as Optional Plan A.

Subd. 2. Optional Plan B. Any statutory city of more than 1,000 population may provide for the council-manager plan of government hereinafter provided in this chapter and referred to as Optional Plan B.

Subd. 3. Repealed by Laws 1967, c. 289, § 18, eff. May 4, 1967.

Subd. 4. Adoption or abandonment; standard form. Any one of such plans may be adopted or abandoned in a city by following the procedures set forth in section 412.551. Until the adoption of an optional plan, and except as provided in section 412.572, every city shall operate under the standard form of government earlier provided in this chapter under which the voters elect the treasurer, if there is one, and a council consisting of a mayor, three or five council members, and the clerk or clerk-treasurer.

History: Laws 1949, c. 119, § 66, eff. July 1, 1949. Amended by Laws 1965, c. 417, §§ 6, 7, eff. July 1, 1965; Laws 1967, c. 289, §§ 8, 9, eff. May 4, 1967; Laws 1973, c. 123, art. 2, § 1; Laws 1986, c. 444; Laws 1989, c. 30, § 6.

 

412.551. Election on optional plan.

Subd. 1. One plan per election. The council may, and upon petition therefor signed by voters equal in number to at least 15 percent of the electors voting at the last previous city election, shall, submit to the voters at a regular or special election the question of adoption by the city of Optional Plan A or B.1 Only one plan shall be so submitted at any one election, except that any such plan shall be submitted at the election on incorporation of a city if the incorporation petition so requests and the population of the proposed city, when the submission of Optional Plan B is proposed, is more than 1,000. No plan, except a home rule charter submitted under chapter 410, shall be submitted in any city in which another optional plan is already in effect until the latter plan has been in effect for at least three years.

Subd. 2. Form of ballot. The proposals for the adoption of optional plans shall be stated on the ballot substantially as follows:

“Shall Optional Plan A, modifying the standard plan of city government by providing for the appointment by the council of the clerk and treasurer be adopted for the government of the city?”

“Shall Optional Plan B, providing for the council-manager form of city government, be adopted for the government of the city?”

If the city has combined the offices of clerk and treasurer, the word “clerk-treasurer” shall be substituted for the words “clerk and treasurer” in the question on the ballot on adoption of Optional Plan A. In any of these cases, the question shall be followed by the words, “Yes” and “No” with an oval or similar target shape to the left of each word so that the voter may indicate by a mark either a negative or affirmative vote.

Subd. 3. Adoption. If a majority of the votes cast on the question of adoption of Optional Plan A or B is in the affirmative, the plan so voted upon shall be adopted in the city and, once placed in effect as subsequently provided in this chapter, shall remain in effect until abandoned by a similar majority at subsequent election at which the question of abandonment or adoption of another optional plan is submitted.

Subd. 4. Three-year minimum; abandonment. At any time more than three years after the adoption of an optional plan in a city, the question of abandonment of such plan may be submitted to the voters, in the same manner as provided in the foregoing sections for the submission of the question of adoption, except that in the statement of the question on the ballot, the word “abandoned” shall be substituted for the word “adopted.” If a majority of the votes cast on the question is in favor of abandonment, the plan shall be abandoned; and, subject to the special provisions for transition back to the standard form of government contained in subsequent sections of this chapter, the standard plan of government shall be resumed in the city and all the provisions of law applicable to cities in which an optional plan is not in operation shall henceforth apply to the city.

Subd. 5. Filing election certificate. Whenever the question of adoption or abandonment of an optional plan is submitted in any city and results in a majority vote in favor of the question submitted, the clerk shall promptly file with the county auditor and with the secretary of state a certificate stating the date of election, the question submitted, and the vote on the question.

History: Laws 1949, c. 119, §§ 67 to 71, eff. July 1, 1949. Amended by Laws 1965, c. 417, § 8, eff. July 1, 1965; Laws 1967, c. 289, § 10, eff. May 4, 1967; Laws 1973, c. 123, art. 2, § 1; Laws 1986, c. 444; Laws 2015, c. 70, art. 1, § 60, eff. July 1, 2015.

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CHAPTER 414 – MUNICIPAL BOUNDARY ADJUSTMENTS

414.041. Consolidation of municipalities.

Subd. 1. Initiating the proceeding. (a) Two or more municipalities may be the subject of a single proceeding provided that each municipality abuts at least one of the included municipalities.

(b) The proceeding shall be initiated in one of the following ways:

(1) submitting to the chief administrative law judge a resolution of the city council of each affected municipality;

(2) submitting to the chief administrative law judge a petition signed by a number of residents eligible to vote equivalent to five percent or more of the resident voters of a municipality who voted for governor at the last general election; or

(3) by the chief administrative law judge.

(c) The petition or resolution shall set forth the following information about each included municipality: name, description of boundaries, the reasons for requesting the consolidation and the names of all parties entitled to mailed notice under section 414.09.

(d) The party initiating the proceeding shall serve copies of the petition or resolution on all of the included municipalities.

Subd. 2. Consolidation commission. Upon receipt of a petition or a resolution requesting consolidation or upon the chief administrative law judge’s own motion, the chief administrative law judge shall appoint a consolidation commission from a list of ten candidates submitted by each affected city council. The commission shall be composed of not fewer than five members from each affected municipality. From a separate list of three persons submitted by each affected city council, the chief administrative law judge shall appoint a commission chair who is not a resident of an affected municipality but who resides in an affected county.

No person is disqualified from serving on a consolidation commission by reason of holding other elected or appointed office. Consolidation commission members shall hold office until a consolidation report has been issued by the commission. The chief administrative law judge shall fill vacancies in the commission by appointment. The consolidation commission shall make rules with reference to its operation and procedures including quorum requirements with reference to its operations and procedures.

Subd. 3. Commission’s hearing and report. (a) The consolidation commission shall conduct hearings regarding the proposed consolidation.

(b) The hearings shall include, but are not limited to, the following subjects:

(1) the contents of any city charter for the proposed consolidated city or the form of government of the proposed consolidated city;

(2) analysis of whether a ward system shall be included in the form of government of the proposed consolidated city; and

(3) each factor considered by the chief administrative law judge under section 414.02, subdivision 3.

(c) Based on these factors and upon other matters which come before the consolidation commission, the commission shall issue a report to the chief administrative law judge with findings and recommendations within two years from the date of the chief administrative law judge’s initial appointment of the commission.

Subd. 4. Chief administrative law judge’s hearing and notice. Upon receipt of the commission’s report, the chief administrative law judge shall designate a time and a place for a hearing in accordance with section 414.09.

Subd. 5. Relevant factors, order. (a) In arriving at a decision, the chief administrative law judge shall consider the factors in section 414.02, subdivision 3.

(b) The chief administrative law judge shall consider and may accept, amend, return to the commission for amendment or further study, or reject the commission’s findings and recommendations based upon the chief administrative law judge’s written determination of what is in the best interests of the affected municipalities.

(c) The chief administrative law judge shall order the consolidation on finding that consolidation will be for the best interests of the municipalities. In all cases, the chief administrative law judge shall set forth the factors which are the basis for the decision.

(d) If the chief administrative law judge orders consolidation, the order shall provide for election of new municipal officers in accordance with section 414.09.

(e) If the most populous of the included municipalities is a statutory city, the new municipality shall be a statutory city and the plan of government shall be Optional Plan A, provided that an alternate plan may be adopted pursuant to section 412.551, at any time. If the most populous of the included municipalities is a home rule charter city or organized under a statute other than chapter 412, the new municipality shall be governed by its home rule charter or the statutory form under which it is governed except that any ward system for the election of council members shall be inoperable.

(f) If the commission’s findings and recommendations include a proposed home rule charter for the new municipality, the order may combine the issue of the adoption of the charter and the vote on approval of the order for consolidation into one question on the ballot, and shall submit it in a special or general election as provided in section 410.10.

(g) The ordinances of all of the included municipalities shall continue in effect within their former boundaries until repealed by the governing body of the new municipality.

(h) Notwithstanding any other provision of law to the contrary, the order may establish a ward system in the new municipality, in which event the order shall establish not less than three nor more than seven wards, each of which shall elect one council member. When more than two years have elapsed after consolidation, the governing body may, by a four-fifths vote, abolish the ward system.

(i) The new municipality shall assume the name of the most populous municipality unless previous to the election another name is chosen by joint resolution of a majority of the included municipalities or by the consolidation commission.

(j) The number of license privileges existing in the included municipalities prior to consolidation and pursuant to state law shall not be diminished as a result of the consolidation.

(k) If the consolidation is denied or defeated in a referendum, no proceeding for the consolidation of the same municipalities may be initiated within two years from the date of the order unless authorized by the chief administrative law judge.

Subd. 6. Final approval; petition; referenda. (a) If the consolidation was initiated by a petition of the resident voters of a municipality, the order for consolidation shall be final upon approval by resolution of the city councils in each of the affected municipalities unless ten percent or more of the resident voters of an affected municipality who voted for governor at the last general election petition the city council for a referendum on the consolidation. The petition must be submitted within 90 days of the final date of the order or the date of final approval of the order by the city councils, whichever is later.

(b) Upon receipt and verification of the petition, the chief administrative law judge shall order the municipalities to conduct separate referenda at a general or special election in each municipality on the same day, and the referenda shall be held within six months of the receipt of the petition.

(c) Costs of the respective referenda shall be borne by the respective municipality. A majority of those voting in each city must approve the proposed consolidation. The results of the referenda shall be certified to the chief administrative law judge by the chief election judge within ten days after the referenda. The chief administrative law judge shall upon receipt of the certificate notify all parties of the election results.

(d) If the consolidation was initiated by a city council resolution of each affected municipality, the order for consolidation shall be final unless ten percent or more of the resident voters of an affected municipality petition for a referendum as provided in paragraph (a).

(e) If the consolidation was initiated by the chief administrative law judge, no chief administrative law judge’s consolidation order involving existing municipalities shall become effective unless adopted by the council of each affected municipality by a majority vote and unless the consolidation order is approved by the qualified voters of the affected municipalities at a general or special election set according to law. The form of the ballot shall be fixed by the chief administrative law judge; and, if a majority of the votes cast on the question in each municipality are in favor of its adoption, the order shall become effective as provided herein.

(f) Notwithstanding a disapproval of the order for consolidation by a city council of an affected municipality required to approve the order in paragraph (a) or (e), the order for consolidation shall nevertheless be deemed approved by that city council if ten percent or more of the resident voters of that municipality who voted for governor at the last general election petition the city council for a referendum on the consolidation as provided in paragraph (a), and a majority of those voting in that municipality approve the order for consolidation.

Subd. 7. Differential taxation for up to five years. Where one municipality is receiving substantially fewer municipal services, the chief administrative law judge may provide that the tax rate of the municipality shall be increased in substantially equal proportions over a period of not more than five years to equality with the tax rate in the remainder of the new municipality. The period shall be determined by the chief administrative law judge on the basis of the period reasonably required to provide substantially equal municipal services.

Subd. 8. Effective date of consolidation. The consolidation shall be effective upon the election and qualification of new municipal officers, or at such later date as set by the order.

History: Laws 1969, c. 1146, § 13, eff. June 10, 1969. Amended by Laws 1973, c. 123, art. 5, § 7; Laws 1973, c. 621, § 5; Laws 1975, c. 271, § 6; Laws 1978, c. 705, § 23, eff. March 29, 1978; Laws 1979, c. 287, § 1; Laws 1986, c. 444; Laws 1989, c. 277, art. 4, § 47; Laws 1996, c. 303, §§ 15, 16; Laws 2002, c. 223, § 16; Laws 2004, c. 293, art. 2, § 47, eff. May 30, 2004; Laws 2008, c. 196, art. 2, § 15, eff. April 18, 2008.

Notes and Decisions: Voter approval of municipal consolidation requires the affirmative vote of the majority of persons voting on the issue of consolidation, not a majority vote of all persons voting at the general election. Op. Atty. Gen. 484e-1, October 5, 2000.

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CHAPTER 447 – HOSPITALS, WELFAR ACTIVITIES

447.32. Officers and elections.

Subd. 1. Terms of office. Each hospital district shall be governed by a hospital board composed of one member elected from each city and town in the district and one member elected at large. A member’s term of office is four years commencing on the first Monday in January and until a successor qualifies. At the first election, however, members must be elected for terms set by the governing body calling the election, so that half the terms, as nearly as may be, expire on the first Monday in January of the next odd-numbered year and the remaining terms expire two years from that date. After that, before a member’s term expires, a new member shall be elected for a term of four years from the expiration date.

If a member dies, resigns, fails to qualify, or moves from the hospital district, a successor may be appointed by a majority of the remaining members of the board. The successor shall hold office until the first Monday in January after the next regular hospital district election. At the election a successor must be elected to fill the unexpired term.

When an additional city or town is annexed to the district, in accordance with section 447.36, its governing body shall by resolution appoint a member to the board. The member shall hold office until the first Monday in January after the next regular hospital district election. At the election a successor must be elected for a term of either two or four years, to be set by the hospital board so that the number of members of the board whose terms expire in any later year will not exceed one-half of the members plus one.

Subd. 2. Elections. Except as provided in this chapter, the Minnesota Election Law applies to hospital district elections, as far as practicable. Regular elections must be held in each hospital district at the same time, in the same election precincts, and at the same polling places as general elections of state and county officers. It may establish the whole district as a single election precinct or establish two or more different election precincts and polling places for the elections. If there is more than one precinct, the boundaries of the election precincts and the locations of the polling places must be defined in the notice of election, either in full or by reference to a description or map on file in the office of the clerk.

Special elections may be called by the hospital board to vote on any matter required by law to be submitted to the voters. A special election must be held on a date authorized by section 205.10, subdivision 3a. Special elections must be held within the election precinct or precincts and at the polling place or places designated by the board. In the case of the first election of officers of a new district, precincts and polling places must be set by the governing body of the most populous city or town included in the district.

Advisory ballots may be submitted by the hospital board on any question it wishes, concerning the affairs of the district, but only at a regular election or at a special election required for another purpose.

Subd. 3. Election notices. At least two weeks before the first day to file affidavits of candidacy, the clerk of the district shall publish a notice stating the first and last day on which affidavits of candidacy may be filed, the places for filing the affidavits and the closing time of the last day for filing. The clerk shall post a similar notice in at least one conspicuous place in each city and town in the district at least ten days before the first day to file affidavits of candidacy.

At least 74 days prior to every hospital district election, the hospital district clerk shall provide a written notice to the county auditor of each county in which the hospital district is located. The notice must include the date of the election, the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. The county auditor shall immediately provide a notice to the secretary of state in a manner and including information prescribed by the secretary of state.

The notice of each election must be posted in at least one public and conspicuous place within each city and town included in the district at least two weeks before the election. It must be published in the official newspaper of the district or, if a paper has not been designated, in a legal newspaper having general circulation within the district, at least two weeks before the election. Failure to give notice does not invalidate the election of an officer of the district. A voter may contest a hospital district election in accordance with chapter 209. Chapter 209 applies to hospital district elections.

Subd. 4. Candidates; ballots; certifying election. A person who wants to be a candidate for the hospital board shall file an affidavit of candidacy for the election either as member at large or as a member representing the city or town where the candidate resides. The affidavit of candidacy must be filed with the city or town clerk not more than 98 days nor less than 84 days before the first Tuesday after the first Monday in November of the year in which the general election is held. The city or town clerk must forward the affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk of the most populous city or town immediately after the last day of the filing period. A candidate may withdraw from the election by filing an affidavit of withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits of candidacy.

Voting must be by secret ballot. The clerk shall prepare, at the expense of the district, necessary ballots for the election of officers. Ballots must be prepared as provided in the rules of the secretary of state. The ballots must be marked and initialed by at least two judges as official ballots and used exclusively at the election. Any proposition to be voted on may be printed on the ballot provided for the election of officers. The hospital board may also authorize the use of voting systems subject to chapter 206. Enough election judges may be appointed to receive the votes at each polling place. The election judges shall act as clerks of election, count the ballots cast, and submit them to the board for canvass.

After canvassing the election, the board shall issue a certificate of election to the candidate who received the largest number of votes cast for each office. The clerk shall deliver the certificate to the person entitled to it in person or by certified mail. Each person certified shall file an acceptance and oath of office in writing with the clerk within 30 days after the date of delivery or mailing of the certificate. The board may fill any office as provided in subdivision 1 if the person elected fails to qualify within 30 days, but qualification is effective if made before the board acts to fill the vacancy.

Subd. 5. Board meetings. Regular meetings of the hospital board must be held at least once a month, at a time and place the board sets by resolution. A hospital board which no longer operates a district hospital shall meet annually, or more frequently as determined by the board. Special meetings may be held:

(1) at any time upon the call of the chair or of any two other members;

(2) upon written notice mailed to each member three days before the meeting;

(3) upon other notice as the board by resolution may provide; or

(4) without notice if each member is present or files with the clerk a written consent to holding the meeting. The consent may be filed before or after the meeting. Any action within the authority of the board may be taken by the vote of a majority of the members present at a regular or adjourned regular meeting or at a duly called special meeting, if a quorum is present. A majority of all the members of the board constitutes a quorum, but a lesser number may meet and adjourn from time to time and compel the attendance of absent members.

Subd. 6. Officers’ election. At its first regular meeting after each regular election, the board shall elect one of their number as chair. They shall also select a clerk and treasurer who may be members of the board or others. The chair, clerk, and treasurer shall hold office at the pleasure of the board, subject to the terms of any contract of employment that the board may enter into with the clerk or treasurer.

Subd. 7. Officers’ duties. The chair shall preside at all meetings of the board, shall sign orders upon the treasurer for claims allowed by the board, and shall perform all duties usually incumbent upon a presiding officer. The clerk shall record the minutes of all meetings of the board, shall countersign all orders upon the treasurer, and shall be the custodian of district books and records. The treasurer shall be the custodian of all money received by the district, and shall pay out money only on orders signed by the chair and clerk. Each order must state the nature of the claim for which it is issued, the name of the payee, and the fund on which it is drawn. It may be drawn so that when signed by the treasurer in an appropriate place it becomes a check on the depository of funds of the hospital district. In case of absence, inability, or refusal of the chair, clerk, or treasurer to execute and disburse orders in payment of a claim duly allowed by the hospital board, the board may declare any of their offices vacant and fill them by appointment. The board may also appoint a deputy to perform the functions of the officers, subject to the officers’ supervision and control.

Subd. 8. Compensation. The members of the hospital board shall receive the compensation fixed by the board. Each board member may also be reimbursed for actual and necessary expenses incurred in the performance of official duties as provided for state employees, except that mileage must be compensated under section 471.665, subdivision 1.

Subd. 9. Liability for damages. (a) Except as otherwise provided in this subdivision, no person who serves without compensation as a member of the board of a hospital district created or organized under sections 447.31 to 447.37 shall be held civilly liable for an act or omission by that person if the act or omission was in good faith, was within the scope of the person’s responsibilities as a member of the board and did not constitute willful or reckless misconduct. This subdivision does not apply to:

(1) an action or proceeding brought by the attorney general for a breach of a fiduciary duty as a director;

(2) a cause of action to the extent it is based on federal law; or

(3) a cause of action based on the board member’s express contractual obligation.

(b) Nothing in this subdivision shall be construed to limit the liability of a member of the board for physical injury to the person of another or for wrongful death which is personally and directly caused by the board member.

(c) For purposes of this subdivision the term “compensation” means any thing of value received for services rendered, except:

(1) reimbursement for expenses actually incurred;

(2) a per diem in an amount not to exceed the per diem authorized for state advisory councils and committees pursuant to section 15.059, subdivision 3; or

(3) payment by the hospital district of insurance premiums on behalf of a member of the board.

History: Laws 1959, c. 570, § 2. Amended by Laws 1965, c. 51, §§ 76, 77, eff. March 2, 1965; Laws 1971, c. 338, § 1, eff. May 18, 1971; Laws 1973, c. 123, art. 5, § 7; Laws 1978, c. 674, § 60; Laws 1979, c. 210, §§ 1, 2, eff. May 26, 1979; Laws 1986, c. 444; Laws 1987, c. 229, art. 10, § 1; Laws 1987, c. 326, § 3, eff. Aug. 1, 1987; Laws 1991, c. 227, §§ 25 to 27; Laws 1995, c. 207, art. 9, § 50; Laws 1999, c. 132, § 44; Laws 2000, c. 467, §§ 33, 34; Laws 2004, c. 293, art. 2, §§ 48, 49, eff. May 30, 2004; Laws 2005, c. 156, art. 6, § 65; Laws 2010, c. 184, § 44, eff. March 4, 2010; Laws 2013, c. 131, art. 2, §§ 80 to 82, eff. July 1, 2013; Laws 2017, c. 92, art. 2, § 24, eff. Jan. 1, 2018.

Notes and Decisions: Candidates not elected at large may be voted on only by voters in unit to be represented. Op. Atty. Gen. 1001-k, August 31, 1961.

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CHAPTER 471 – MUNICIPAL RIGHTS, POWERS, DUTIES

MUNICIPAL CONTRACTING LAW

471.46. Vacancies; persons ineligible to appointment.

No county, city, town, or school district officer shall be appointed to fill a vacancy in any elective office if the officer has the power, either alone or as a member of a board, to make the appointment; and the ineligibility shall not be affected by resignation before such appointment is made. This section shall not prevent the appointment of a member of a city council to the office of mayor or clerk, but in that case the member shall not vote in the appointment.

History: Amended by Laws 1959, c. 422, § 1; Laws 1973, c. 123, art. 5, § 7; Laws 1986, c. 444.

 

FIREARMS

471.87. Public officers, interest in contract; penalty.

Except as authorized in section 123B.195 or 471.88, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. Every public officer who violates this provision is guilty of a gross misdemeanor.

History: Laws 1951, c. 379, § 1. Amended by Laws 1955, c. 41, § 1; Laws 1986, c. 444; Laws 2015, c. 21, art. 1, § 77, eff. Aug. 1, 2015.

 

471.895. Certain gifts by interested persons prohibited.

Subd. 1. Definitions. (a) The definitions in this subdivision apply to this section.

(b) “Gift” has the meaning given it in section 10A.071, subdivision 1.

(c) “Interested person” means a person or a representative of a person or association that has a direct financial interest in a decision that a local official is authorized to make.

(d) “Local official” means:

(1) an elected or appointed official of a county or city or of an agency, authority, or instrumentality of a county or city; and

(2) an elected or appointed member of a school board, a school superintendent, a school principal, or a district school officer of any independent school district.

Subd. 2. Prohibition. An interested person may not give a gift or request another to give a gift to a local official. A local official may not accept a gift from an interested person.

Subd. 3. Exceptions. (a) The prohibitions in this section do not apply if the gift is:

(1) a contribution as defined in section 211A.01, subdivision 5;

(2) services to assist an official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents;

(3) services of insignificant monetary value;

(4) a plaque or similar memento recognizing individual services in a field of specialty or to a charitable cause;

(5) a trinket or memento costing $5 or less;

(6) informational material of unexceptional value; or

(7) food or a beverage given at a reception, meal, or meeting away from the recipient’s place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program.

(b) The prohibitions in this section do not apply if the gift is given:

(1) because of the recipient’s membership in a group, a majority of whose members are not local officials, and an equivalent gift is given or offered to the other members of the group;

(2) by an interested person who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family; or

(3) by a national or multistate organization of governmental organizations or public officials, if a majority of the dues to the organization are paid from public funds, to attendees at a conference sponsored by that organization, if the gift is food or a beverage given at a reception or meal and an equivalent gift is given or offered to all other attendees.

History: Laws 1994, c. 377, § 6. Amended by Laws 2001, c. 93, § 1, eff. May 15, 2001; Laws 2005, c. 156, art. 6, § 66; Laws 2014, c. 279, § 13, eff. July 1, 2014.

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CHAPTER 473 – METROPOLITAN GOVERNMENT

DEFINITIONS

473.121. Definitions.

Subd. 1. Terms. For the purposes of this chapter, the terms defined in this section have the meanings given them in this section, except as otherwise expressly provided or indicated by the context.

Subd. 2. Metropolitan area or area. “Metropolitan area” or “area” means the area over which the Metropolitan Council has jurisdiction, including only the counties of Anoka; Carver; Dakota excluding the cities of Northfield and Cannon Falls; Hennepin excluding the cities of Hanover and Rockford; Ramsey; Scott excluding the city of New Prague; and Washington.

Subd. 3. Metropolitan Council or council. “Metropolitan Council” or “council” means the Metropolitan Council established by section 473.123.

Subd. 4. Metropolitan county. “Metropolitan county” means any one of the following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott or Washington.

Subd. 5. State agency. “State agency” means the state of Minnesota or any agency, board, commission, department or educational institution thereof.

Subd. 5a. Metropolitan agency. “Metropolitan agency” means the Metropolitan Parks and Open Space Commission, Metropolitan Airports Commission, and Metropolitan Sports Facilities Commission.

Subd. 6. Local governmental unit. “Local governmental unit” means any county, city, town, school district, special district or other political subdivisions or public corporation, other than the council or a metropolitan agency, lying in whole or part within the metropolitan area.

Subd. 7. Repealed by Laws 1986, c. 460, § 59.

Subd. 8. Metropolitan significance. “Metropolitan significance” means a status determined by the Metropolitan Council pursuant to the rules and procedures established by section 473.173.

Subd. 9. Repealed by Laws 1986, c. 460, § 59.

Subd. 10. Policy plan. “Policy plan” means a long-range comprehensive plan of the Metropolitan Council.

Subd. 11. Independent commission, board or agency. “Independent commission, board or agency” means governmental entities with jurisdictions lying in whole or in part within the metropolitan area.

Subd. 12. Metropolitan Parks and Open Space Commission. “Metropolitan Parks and Open Space Commission” means the commission established in sections 473.302 to 473.341.

Subd. 13. Park district. “Park district” means a park district created under chapter 398.

Subd. 14. Regional recreation open space. “Regional recreation open space” means land and water areas, or interests therein, and facilities determined by the Metropolitan Council to be of regional importance in providing for a balanced system of public outdoor recreation for the metropolitan area, including but not limited to park reserves, major linear parks and trails, large recreation parks, and conservatories, zoos, and other special use facilities.

Subd. 14a. Repealed by Laws 1994, c. 628, art. 3, § 209, par. (b), eff. Oct. 1, 1994.

Subd. 15. Repealed by Laws 1994, c. 628, art. 3, § 209, par. (a).

Subd. 16. Metropolitan transit area. “Metropolitan transit area” means the metropolitan area.

Subd. 17. Repealed by Laws 1977, c. 454, § 49.

Subd. 18. Operator. “Operator” means any person engaged or seeking to engage in the business of providing regular route public transit.

Subd. 18a. Paratransit. “Paratransit” has the meaning given in section 174.22, subdivision 6.

Subd. 19. Public transit or transit. “Public transit” or “transit” has the meaning given in section 174.22, subdivision 7.

Subd. 20. Public transit system or transit system. “Public transit system” or “transit system” means, without limitation, a combination of property, structures, improvements, equipment, plants, parking or other facilities, and rights, or any thereof, used or useful for the purposes of public transit.

Subd. 20a. Regular route transit. “Regular route transit” has the meaning given in section 174.22, subdivision 8.

Subd. 21. Repealed by Laws 1994, c. 628, art. 3, § 209, par. (a).

Subd. 22. Acquisition and betterment. “Acquisition” and “betterment” shall have the meanings given to them in chapter 475.

Subd. 23. Interceptor. “Interceptor” means any sewer and necessary appurtenances thereto, including but not limited to mains, pumping stations, and sewage flow regulating and measuring stations, which is designed or used to conduct sewage originating in more than one local government unit, or which is designed or used to conduct all or substantially all of the sewage originating in a single local government unit from a point of collection in that unit to an interceptor or treatment works outside that unit.

Subd. 24. Metropolitan disposal system. “Metropolitan disposal system” means any or all of the interceptors or treatment works owned or operated by the Metropolitan Council.

Subd. 25. Pollution, sewer system, treatment works, disposal system, waters of state. “Pollution,” “sewer system,” “treatment works,” “disposal system,” and “waters of the state” shall have the meanings given them in section 115.01.

Subd. 26. Sewage. “Sewage” means all liquid or water-carried waste products from whatever source derived, together with such groundwater infiltration and surface water as may be present.

Subds. 27 to 29. Repealed by Laws 1980, c. 564, art. 13, § 2, eff. April 15, 1980.

Subd. 30. Repealed by Laws 1976, c. 179, § 20, eff. April 9, 1976.

Subds. 31 to 31c. Repealed by Laws 1980, c. 564, art. 13, § 2, eff. April 15, 1980.

Subd. 32. Metropolitan Airports Commission. “Metropolitan Airports Commission” means the commission established in sections 473.601 to 473.679.

Subd. 33. Major airport. “Major airport” means any airport now or which may hereafter be operated by the Metropolitan Airports Commission as a terminal for regular, scheduled air passenger service.

Subd. 34. Aeronautics. “Aeronautics” means the transportation by aircraft, the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing and maintenance of parachutes; the design, establishment, construction, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities and air instruction, and powers incidental thereto.

Subd. 35. Airport. “Airport” means any locality, either of land or water, including intermediate landing fields, which is used or intended to be used for the landing and take off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and also includes any facility used in, available for use in, or designed for use in, aid of air navigation, including, but without limitation, landing areas, lights, any apparatus or equipment for disseminating weather information, for signaling, for radio-directional finding, or for radio or other electrical communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and take off of aircraft, and also includes, but without limitation, access roads, parking areas, railroad siding facilities, such land contiguous or not as may be required for installations necessary for safe and efficient operation, buildings, structures, hangars, shops and any personal property usually used in connection with the operations of such airports, including specifically, but not exclusively, snow removal or impacting equipment, fire and ambulance equipment, motor vehicles and equipment for buildings, structures, hangars, and shops. It includes any area heretofore in the statutes of this state termed an “airport” or a “flying field.”

Subd. 36. Terms relating to waste. The definitions of terms relating to waste in chapter 116 and section 115A.03, also apply to the same terms relating to waste used in this chapter.

History: Laws 1975, c. 13, § 1. Amended by Laws 1976, c. 127, § 24, eff. April 3, 1976; Laws 1976, c. 179, §§ 1 to 6, eff. April 9, 1976; Laws 1977, c. 347, § 68; Laws 1977, c. 421, § 6; Laws 1977, c. 454, §§ 29 to 32; Laws 1978, c. 543, § 1; Laws 1980, c. 378, § 1; Laws 1980, c. 564, art. 10, § 1, eff. April 15, 1980; Laws 1983, c. 330, § 1; Laws 1984, c. 654, art. 3, §§ 101 to 107; Laws 1985, c. 248, § 70; Laws 1986, c. 460, §§ 1 to 3; Laws 1987, c. 384, art. 2, § 1; Laws 1994, c. 628, art. 3, §§ 36, 37; Laws 1995, c. 186, § 82; Laws 1995, c. 236, § 3, eff. June 2, 1995; Laws 2003, c. 8, § 1; Laws 2017, 1st Sp., c. 3, art. 3, § 116, eff. May 31, 2017.

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CHAPTER 475 – MUNICIPAL DEBT

475.58. Obligations; elections to determine issue.

Subd. 1. Approval by electors; exceptions. Obligations authorized by law or charter may be issued by any municipality upon obtaining the approval of a majority of the electors voting on the question of issuing the obligations, but an election shall not be required to authorize obligations issued:

(1) to pay any unpaid judgment against the municipality;

(2) for refunding obligations;

(3) for an improvement or improvement program, which obligation is payable wholly or partly from the proceeds of special assessments levied upon property specially benefited by the improvement or by an improvement within the improvement program, or from tax increments, as defined in section 469.174, subdivision 25, including obligations which are the general obligations of the municipality, if the municipality is entitled to reimbursement in whole or in part from the proceeds of such special assessments or tax increments and not less than 20 percent of the cost of the improvement or the improvement program is to be assessed against benefited property or is to be paid from the proceeds of federal grant funds or a combination thereof, or is estimated to be received from tax increments;

(4) payable wholly from the income of revenue producing conveniences;

(5) under the provisions of a home rule charter which permits the issuance of obligations of the municipality without election;

(6) under the provisions of a law which permits the issuance of obligations of a municipality without an election;

(7) to fund pension or retirement fund liabilities of a municipality pursuant to section 475.52, subdivision 6;

(8) under a capital improvement plan under section 373.40;

(9) under sections 469.1813 to 469.1815 (property tax abatement authority bonds), if the proceeds of the bonds are not used for a purpose prohibited under section 469.176, subdivision 4g, paragraph (b);

(10) to fund postemployment benefit liabilities pursuant to section 475.52, subdivision 6, of a municipality, other than a school district, if the liabilities are limited to:

(i) satisfying the requirements of section 471.61, subdivision 2b; and

(ii) other postemployment benefits, which the municipality no longer provides to employees hired after a date before the obligations are issued; and

(11) under section 475.755.

Subd. 1a. Resubmission limitation. If the electors do not approve the issuing of obligations at an election required by subdivision 1, the question of authorizing the obligations for the same purpose and in the same amount may not be submitted to the electors within a period of 180 days from the date the election was held. If the question of authorizing the obligations for the same purpose and in the same amount is not approved a second time it may not be submitted to the electors within a period of one year after the second election.

Subd. 2. Funding, refunding. Any county, city, town, or school district whose outstanding gross debt, including all items referred to in section 475.51, subdivision 4, exceed in amount 1.62 percent of its estimated market value may issue bonds under this subdivision for the purpose of funding or refunding such indebtedness or any part thereof. A list of the items of indebtedness to be funded or refunded shall be made by the recording officer and treasurer and filed in the office of the recording officer. The initial resolution of the governing body shall refer to this subdivision as authority for the issue, state the amount of bonds to be issued and refer to the list of indebtedness to be funded or refunded. This resolution shall be published once each week for two successive weeks in a legal newspaper published in the municipality or if there be no such newspaper, in a legal newspaper published in the county seat. Such bonds may be issued without the submission of the question of their issue to the electors unless within ten days after the second publication of the resolution a petition requesting such election signed by ten or more voters who are taxpayers of the municipality, shall be filed with the recording officer. In event such petition is filed, no bonds shall be issued hereunder unless authorized by a majority of the electors voting on the question.

Subd. 3. Expired December 31, 1998.

Subd. 3a. Youth ice facilities. A municipality may, without regard to the election requirement under subdivision 1 or under any other provision of law or home rule charter, issue and sell obligations to refund existing debt of an indoor ice arena that is used predominantly for youth athletic activity if all the following conditions are met:

(1) the obligations are secured by a pledge of revenues from the facility; and

(2) the governing body of the municipality finds, based on analysis provided by a professional experienced in finance, that the facility’s revenues and other available money will be sufficient to pay the obligations, without reliance on a property tax levy or the municipality’s general purpose state aid.

Subd. 3b. Street reconstruction and bituminous overlays. (a) A municipality may, without regard to the election requirement under subdivision 1, issue and sell obligations for street reconstruction or bituminous overlays, if the following conditions are met:

(1) the streets are reconstructed or overlaid under a street reconstruction or overlay plan that describes the street reconstruction or overlay to be financed, the estimated costs, and any planned reconstruction or overlay of other streets in the municipality over the next five years, and the plan and issuance of the obligations has been approved by a vote of a two-thirds majority of the members of the governing body present at the meeting following a public hearing for which notice has been published in the official newspaper at least ten days but not more than 28 days prior to the hearing; and

(2) if a petition requesting a vote on the issuance is signed by voters equal to five percent of the votes cast in the last municipal general election and is filed with the municipal clerk within 30 days of the public hearing, the municipality may issue the bonds only after obtaining the approval of a majority of the voters voting on the question of the issuance of the obligations. If the municipality elects not to submit the question to the voters, the municipality shall not propose the issuance of bonds under this section for the same purpose and in the same amount for a period of 365 days from the date of receipt of the petition. If the question of issuing the bonds is submitted and not approved by the voters, the provisions of section 475.58, subdivision 1a, shall apply.

(b) Obligations issued under this subdivision are subject to the debt limit of the municipality and are not excluded from net debt under section 475.51, subdivision 4.

(c) For purposes of this subdivision, street reconstruction and bituminous overlays includes utility replacement and relocation and other activities incidental to the street reconstruction, turn lanes and other improvements having a substantial public safety function, realignments, other modifications to intersect with state and county roads, and the local share of state and county road projects. For purposes of this subdivision, “street reconstruction” includes expenditures for street reconstruction that have been incurred by a municipality before approval of a street reconstruction plan, if such expenditures are included in a street reconstruction plan approved on or before the date of the public hearing under paragraph (a), clause (1), regarding issuance of bonds for such expenditures.

(d) Except in the case of turn lanes, safety improvements, realignments, intersection modifications, and the local share of state and county road projects, street reconstruction and bituminous overlays does not include the portion of project cost allocable to widening a street or adding curbs and gutters where none previously existed.

Subd. 4. Proper use of bond proceeds. The proceeds of obligations issued after approval of the electors under this section may only be spent: (1) for the purposes stated in the ballot language; or (2) to pay, redeem, or defease obligations and interest, penalties, premiums, and costs of issuance of the obligations. The proceeds may not be spent for a different purpose or for an expansion of the original purpose without the approval by a majority of the electors voting on the question of changing or expanding the purpose of the obligations.

History: Amended by Laws 1949, c. 682, § 8; Laws 1951, c. 422, § 4; Laws 1955, c. 298, § 1; Laws 1969, c. 446, § 1, eff. May 16, 1969; Laws 1971, c. 886, § 1, eff. June 8, 1971; Laws 1971, c. 903, § 3, eff. June 8, 1971; Laws 1973, c. 123, art. 5, § 7; Laws 1974, c. 380, §§ 8, 9; eff. April 6, 1974; Laws 1985, 1st Sp., c. 14, art. 8, § 53, eff. June 29, 1985; Laws 1988, c. 519, § 4, eff. June 1, 1988; Laws 1988, c. 719, art. 5, § 84; Laws 1989, c. 329, art. 13, § 20, eff. June 2, 1989; Laws 1990, c. 480, art. 9, § 22; Laws 1991, c. 342, § 16, eff. June 5, 1991; Laws 1995, c. 256, §§ 26, 27, eff. June 2, 1995; Laws 1996, c. 463, § 48, eff. April 18, 1996; Laws 1998, c. 389, art. 3, § 25; Laws 1998, c. 389, art. 8, § 24, eff. Dec. 31, 1997; Laws 1999, c. 248, § 14, eff. May 26, 1999. Amended by Laws 2001, c. 214, § 43; Laws 2001, 1st Sp., c. 5, art. 15, § 28; Laws 2002, c. 390, § 18, eff. May 23, 2002; Laws 2003, c. 127, art. 12, § 23; Laws 2005, c. 152, art. 1, § 31, eff. June 3, 2005; Laws 2006, c. 259, art. 10, § 11, eff. June 2, 2006; Laws 2008, c. 154, art. 10, §§ 25, 26, eff. July 1, 2008; Laws 2009, c. 88, art. 2, § 36; Laws 2009, c. 96, art. 1, § 19; Laws 2013, c. 143, art. 12, § 17, eff. July 1, 2013; Laws 2013, c. 143, art. 14, § 103; Laws 2017, 1st Sp., c. 1, art. 7, § 9, eff. July 1, 2017.

Notes and Decisions: School district did not abandon bond referendum’s broad purpose of using funds for betterment of school facilities when it decided to close schools and cancel scheduled improvements, and thus, district’s changes in plans for using bond proceeds did not require voter approval and did not violate statue requiring it to spend bond proceeds for purposed stated in ballot language; ballot language did not specifically require district to improve any of the schools it planned to close, and project modifications were minor in scope. Douglas v. Stillwater Area Pub. Sch., Indep. Sch. Dist. 834, 899 N.W. 2d 546 (Minn. Ct. App. 2017).

Bond proceeds may not be used for purposes other than those approved in bond election. State ex. rel. Traeger v. Carlton, 242 Minn. 296, 64 N.W.2d 776 (1954); Op. Atty. Gen. 159-A-5, July 16, 1982.

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CHAPTER 524 – UNIFORM PROBATE CODE

ARTICLE 5. Protection of Persons Under Disability and Their Property

PART 3. Guardian of Incapacitated Person

524.5-310. Findings; order of appointment

(a) The court may appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that:

(1) the respondent is an incapacitated person; and

(2) the respondent’s identified needs cannot be met by less restrictive means, including use of appropriate technological assistance.

(b) Alternatively, the court, with appropriate findings, may treat the petition as one for a protective order under section 524.5-401, enter any other appropriate order, or dismiss the proceeding.

(c) The court shall grant to a guardian only those powers necessitated by the ward’s limitations and demonstrated needs and, whenever feasible, make appointive and other orders that will encourage the development of the ward’s maximum self-reliance and independence. Any power not specifically granted to the guardian, following a written finding by the court of a demonstrated need for that power, is retained by the ward.

(d) If the court grants the guardian any of the powers or duties under section 524.5-313, paragraph (c), clause (1), (2), or (4), the authority of a previously appointed health care agent to make health care decisions, as defined in section 145C.01, subdivision 5, is suspended until further order of the court or as otherwise provided by this section. The court may declare a health care directive unenforceable as provided in section 145C.09, subdivision 3. The court may declare that a health care directive has been revoked by the ward if the court finds, by clear and convincing evidence, that the ward has revoked the health care directive as provided in section 145C.09, subdivision 1.

(e) A health care agent or other person legally appointed by the ward to control final disposition of the ward’s remains under section 145C.05, subdivision 2, clause (7), or 149A.80, or a health care agent authorized to make organ or tissue donations under section 525A.04 or 525A.09, may make health care decisions as defined in section 145C.01, subdivision 5, on behalf of the ward for the purpose of preparing the ward’s body for organ or tissue donation or final disposition of the ward’s remains, as applicable.

(f) Within 14 days after an appointment, a guardian shall send or deliver to the ward, and counsel if represented at the hearing, a copy of the order of appointment accompanied by a notice which advises the ward of the right to appeal the guardianship appointment in the time and manner provided by the Rules of Appellate Procedure.

(g) Each year, within 30 days after the anniversary date of an appointment, a guardian shall send or deliver to the ward and to interested persons of record with the court a notice of the right to request termination or modification of the guardianship or to request an order that is in the best interests of the ward or for other appropriate relief, and notice of the status of the ward’s right to vote.

History: Laws 2003, c. 12, art. 1, § 34. Amended by Laws 2005, c. 156, art. 6, § 67; Laws 2009, c. 150, § 8, eff. Aug. 1, 2009; Laws 2010, c. 254, § 6, eff. April 16, 2010.

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CHAPTER 609 – CRIMINAL CODE

GENERAL PRINCIPLES

609.02. Definitions

Subd. 1. Crime. “Crime” means conduct which is prohibited by statute and for which the actor may be sentenced to imprisonment, with or without a fine.

Subd. 2. Felony. “Felony” means a crime for which a sentence of imprisonment for more than one year may be imposed.

Subd. 2a. Repealed by Laws 1999, c. 194, § 11.

Subd. 3. Misdemeanor. “Misdemeanor” means a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed.

Subd. 4. Gross misdemeanor. “Gross misdemeanor” means any crime which is not a felony or misdemeanor. The maximum fine which may be imposed for a gross misdemeanor is $3,000.

Subd. 4a. Petty misdemeanor. “Petty misdemeanor” means a petty offense which is prohibited by statute, which does not constitute a crime and for which a sentence of a fine of not more than $300 may be imposed.

Subd. 5. Conviction. “Conviction” means any of the following accepted and recorded by the court:

(1) a plea of guilty; or

(2) a verdict of guilty by a jury or a finding of guilty by the court.

Subd. 6. Dangerous weapon. “Dangerous weapon” means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm.

As used in this subdivision, “flammable liquid” means any liquid having a flash point below 100 degrees Fahrenheit and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 degrees Fahrenheit but does not include intoxicating liquor as defined in section 340A.101. As used in this subdivision, “combustible liquid” is a liquid having a flash point at or above 100 degrees Fahrenheit.

Subd. 7. Bodily harm. “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition.

Subd. 7a. Substantial bodily harm. “Substantial bodily harm” means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.

Subd. 8. Great bodily harm. “Great bodily harm” means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.

Subd. 9. Mental state. (1) When criminal intent is an element of a crime in this chapter, such intent is indicated by the term “intentionally,” the phrase “with intent to,” the phrase “with intent that,” or some form of the verbs “know” or “believe.”

(2) “Know” requires only that the actor believes that the specified fact exists.

(3) “Intentionally” means that the actor either has a purpose to do the thing or cause the result specified or believes that the act performed by the actor, if successful, will cause that result. In addition, except as provided in clause (6), the actor must have knowledge of those facts which are necessary to make the actor’s conduct criminal and which are set forth after the word “intentionally.”

(4) “With intent to” or “with intent that” means that the actor either has a purpose to do the thing or cause the result specified or believes that the act, if successful, will cause that result.

(5) Criminal intent does not require proof of knowledge of the existence or constitutionality of the statute under which the actor is prosecuted or the scope or meaning of the terms used in that statute.

(6) Criminal intent does not require proof of knowledge of the age of a minor even though age is a material element in the crime in question.

Subd. 10. Assault. “Assault” is:

(1) an act done with intent to cause fear in another of immediate bodily harm or death; or

(2) the intentional infliction of or attempt to inflict bodily harm upon another.

Subd. 11. Second or subsequent violation or offense. “Second or subsequent violation” or “second or subsequent offense” means that prior to the commission of the violation or offense, the actor has been adjudicated guilty of a specified similar violation or offense.

Subds. 12, 13. Repealed by Laws 1993, c. 326, art. 2, § 34.

Subd. 14. Repealed by Laws 2014, c. 263, § 4, eff. May 17, 2014.

Subd. 15. Probation. “Probation” means a court-ordered sanction imposed upon an offender for a period of supervision no greater than that set by statute. It is imposed as an alternative to confinement or in conjunction with confinement or intermediate sanctions. The purpose of probation is to deter further criminal behavior, punish the offender, help provide reparation to crime victims and their communities, and provide offenders with opportunities for rehabilitation.

Subd. 16. Qualified domestic violence-related offense. “Qualified domestic violence-related offense” includes a violation of or an attempt to violate sections 518B.01, subdivision 14 (violation of domestic abuse order for protection); 609.185 (first-degree murder); 609.19 (second-degree murder); 609.221 (first-degree assault); 609.222 (second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2245 (female genital mutilation); 609.2247 (domestic assault by strangulation); 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a child); 609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining order); 609.749 (harassment or stalking); 609.78, subdivision 2 (interference with an emergency call); 617.261 (nonconsensual dissemination of private sexual images); and 629.75 (violation of domestic abuse no contact order); and similar laws of other states, the United States, the District of Columbia, tribal lands, and United States territories.

Subd. 17. Ammunition. “Ammunition” means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm. Ammunition does not include ornaments, curiosities, or souvenirs constructed from or resembling ammunition or ammunition components that are not operable as ammunition.

History: Laws 1963, c. 753. Amended by Laws 1969, c. 735, § 3, eff. July 1, 1969; Laws 1971, Ex.Sess., c. 27, §§ 42, 43, eff. Aug. 4, 1971; Laws 1977, c. 355, § 2, eff. Aug. 1, 1977; Laws 1979, c. 258, §§ 2, 3; Laws 1983, c. 274, § 14, eff. June 7, 1983; Laws 1983, c. 331, §§ 4, 5, eff. Aug. 1, 1983; Laws 1985, c. 167, § 1; Laws 1986, c. 444; Laws 1987, c. 307, §§ 1, 2, eff. Aug. 1, 1987; Laws 1987, c. 329, § 3, eff. Aug. 1, 1987; Laws 1987, c. 384, art. 2, § 1; Laws 1989, c. 5, §§ 1, 2, eff. Aug. 1, 1989; Laws 1992, c. 571, art. 6, § 10; Laws 1993, c. 326, art. 5, § 6; Laws 1997, c. 239, art. 9, § 34, eff. May 31, 1997; Laws 1997, 1st Sp., c. 2, §§ 59, 60; Laws 1999, c. 194, § 5; Laws 2000, c. 488, art. 5, §§ 2, 3; Laws 2001, 1st Sp., c. 8, art. 10, § 7; Laws 2005, c. 136, art. 17, § 8; Laws 2006, c. 260, art. 1, § 12; Laws 2007, c. 54, art. 2, § 2, eff. Aug. 1, 2007; Laws 2010, c. 299, § 14, par. (b), eff. Aug. 1, 2010; Laws 2012, c. 227, § 1, eff. Aug. 1, 2012; Laws 2015, c. 65, art. 3, § 16, eff. Aug. 1, 2015; Laws 2016, c. 126, § 3, eff. Aug. 1, 2016; Laws 2019, 1st Sp., c. 5, art. 2, § 29, eff. July 1, 2019.

 

SENTENCES

609.165. Restoration of civil rights; possession of firearms and ammunition.

Subd. 1. Restoration. When a person has been deprived of civil rights by reason of conviction of a crime and is thereafter discharged, such discharge shall restore the person to all civil rights and to full citizenship, with full right to vote and hold office, the same as if such conviction had not taken place, and the order of discharge shall so provide.

Subd. 1a. Certain convicted felons ineligible to possess firearms or ammunition. The order of discharge must provide that a person who has been convicted of a crime of violence, as defined in section 624.712, subdivision 5, is not entitled to ship, transport, possess, or receive a firearm or ammunition for the remainder of the person’s lifetime. Any person who has received such a discharge and who thereafter has received a relief of disability under United States Code, title 18, section 925, or whose ability to possess firearms and ammunition has been restored under subdivision 1d, shall not be subject to the restrictions of this subdivision.

Subd. 1b. Violation and penalty. (a) Any person who has been convicted of a crime of violence, as defined in section 624.712, subdivision 5, and who ships, transports, possesses, or receives a firearm or ammunition, commits a felony and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both.

(b) A conviction and sentencing under this section shall be construed to bar a conviction and sentencing for a violation of section 624.713, subdivision 2.

(c) The criminal penalty in paragraph (a) does not apply to any person who has received a relief of disability under United States Code, title 18, section 925, or whose ability to possess firearms and ammunition has been restored under subdivision 1d.

Subd. 1c. Repealed by Laws 1999, c. 61, § 2, eff. April 17, 1999.

Subd. 1d. Judicial restoration of ability to possess firearms and ammunition by felon. A person prohibited by state law from shipping, transporting, possessing, or receiving a firearm or ammunition because of a conviction or a delinquency adjudication for committing a crime of violence may petition a court to restore the person’s ability to possess, receive, ship, or transport firearms and otherwise deal with firearms and ammunition.

The court may grant the relief sought if the person shows good cause to do so and the person has been released from physical confinement.

If a petition is denied, the person may not file another petition until three years have elapsed without the permission of the court.

Subd. 2. Discharge. The discharge may be:

(1) by order of the court following stay of sentence or stay of execution of sentence; or

(2) upon expiration of sentence.

Subd. 3. Applicability. This section does not apply to a forfeiture of and disqualification for public office as provided in section 609.42, subdivision 2.

History: Laws 1963, c. 753. Amended by Laws 1973, c. 654, § 15; Laws 1975, c. 271, § 6; Laws 1978, c. 723, art. 1, § 15, eff. May 1, 1980; Laws 1986, c. 444; Laws 1987, c. 276, § 1, eff. May 29, 1987; Laws 1994, c. 636, art. 3, § 9; Laws 1996, c. 408, art. 4, § 7; Laws 1998, c. 376, § 5, eff. April 10, 1998; Laws 2003, c. 28, art. 3, §§ 3 to 5; Laws 2015, c. 65, art. 3, § 18, eff. Aug. 1, 2015.

Notes and Decisions: Firearm prohibition statute was applicable to defendant, who had been convicted of felony second-degree burglary, even though his conviction was later deemed a misdemeanor; conviction, even if subsequently deemed a misdemeanor, was a “crime of violence” for purposes of firearm prohibition statute. State v. Anderson, 733 N.W.2d 128 (Minn. 2007).

 

CRIMES AFFECTING PUBLIC OFFICER OR EMPLOYEE

609.43. Misconduct of public officer or employee.

A public officer or employee who does any of the following, for which no other sentence is specifically provided by law, may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both:

(1) intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the office or employment within the time or in the manner required by law; or

(2) in the capacity of such officer or employee, does an act knowing it is in excess of lawful authority or knowing it is forbidden by law to be done in that capacity; or

(3) under pretense or color of official authority intentionally and unlawfully injures another in the other’s person, property, or rights; or

(4) in the capacity of such officer or employee, makes a return, certificate, official report, or other like document having knowledge it is false in any material respect.

History: Laws 1963, c. 753. Amended by Laws 1984, c. 628, art. 3, § 11; Laws 1986, c. 444.

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CHAPTER 609B – COLLATERAL SANCTIONS

ELECTIONS

609B.139. Elections; collateral sanctions.

Sections 609B.140 to 609B.146 provide references to collateral sanctions related to elections.

History: Laws 2005, c. 136, art. 14, § 18.

 

609B.140. Conviction for failure to prosecute; forfeiture of office.

A county attorney convicted of a misdemeanor under section 201.275 shall forfeit office.

History: Laws 2005, c. 136, art. 14, § 18.

 

609B.141. Conviction for treason or felony; ineligibility for ballot certification.

If a person is convicted of a felony or treason and has not had the person’s civil rights restored, under section 204B.10 the person’s name shall not be certified to be placed on a ballot.

History: Laws 2005, c. 136, art. 14, § 18.

 

609B.142. Convicted sex offender; school board member ineligibility.

Under section 205A.06, subdivision 1b, a person convicted of an offense for which registration is required under section 243.166 is ineligible to become a candidate for the office of school board member and may not file an affidavit of candidacy for that office. Ineligibility is determined by registration requirements in effect at the time the offender files for office.

History: Laws 2005, c. 136, art. 14, § 18.

 

609B.143. Violation of campaign financial reports; forfeiture of nomination or office.

If a candidate is convicted of a campaign violation under section 211A.09, the court shall declare that the candidate has forfeited nomination or office.

History: Laws 2005, c. 136, art. 14, § 18.

 

609B.144. Conviction for violation of campaign financial reports; disqualification.

A person convicted of violating chapter 211A or a person whose election to office has been set aside for violating chapter 211A may not be appointed to fill a vacancy in the office under section 211A.10.

History: Laws 2005, c. 136, art. 14, § 18.

 

609B.146. Conviction for violation of fair campaign practices; disqualification.

A person convicted of violating chapter 211B or a person whose election to office has been set aside for violating chapter 211B may not be appointed to fill a vacancy in the office under section 211B.18.

History: Laws 2005, c. 136, art. 14, § 18.

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CHAPTER 626 – PEACE OFFICERS; SEARCHES; PURSUIT; MANDATORY REPORTING

PEACE OFFICERS

626.846. Attendance, forfeiture of position.

Subd. 1. Licensure requirement. Notwithstanding any general or local law or charter to the contrary, any peace officer or part-time peace officer employed or elected on or after July 1, 1979, by any state, county, municipality or joint or contractual combination thereof of the state of Minnesota shall not be eligible for permanent appointment without being licensed by the board pursuant to sections 626.84 to 626.863.

Subd. 1a. Repealed by Laws 1980, c. 578, § 12.

Subd. 2. Forfeiture of position. Every peace officer or part-time peace officer who shall be appointed by any state, county, municipality or joint or contractual combination thereof of the state of Minnesota on a temporary basis or for a probationary term, shall forfeit the officer’s position unless the officer has been licensed by the board pursuant to sections 626.841 to 626.863. Any other peace officer or part-time peace officer employed or elected by any state, county, municipality or joint or contractual combination thereof, may attend peace officer training courses and be licensed by the board pursuant to sections 626.84 to 626.863.

Subd. 3. Grandfather provision. A peace officer who has received a permanent appointment prior to July 1, 1978, shall be licensed by the board if the officer has met the requirements of sections 626.841 to 626.855 in effect on June 30, 1977 and if the officer has requested licensing by the board.

Subds. 3a to 5. Repealed by Laws 1980, c. 578, § 12.

Subd. 6. Office of sheriff; licensure as peace officer required. A person seeking election to the office of sheriff must be licensed as a peace officer. A person seeking appointment to the office of sheriff, or seeking appointment to the position of chief law enforcement officer, as defined by the rules of the board, after June 30, 1987, must be licensed or eligible to be licensed as a peace officer. The person shall submit proof of peace officer licensure or eligibility as part of the application for office. A person elected or appointed to the office of sheriff or the position of chief law enforcement officer shall be licensed as a peace officer during the person’s term of office or employment.

History: Laws 1967, c. 870, § 6, eff. July 1, 1967. Amended by Laws 1977, c. 433, § 8, eff. July 1, 1977; Laws 1977, c. 455, § 90; Laws 1978, c. 681, §§ 13 to 18, eff. July 1, 1978; Laws 1980, c. 578, §§ 3, 4, eff. April 15, 1980; Laws 1981, c. 310, §§ 5, 6; Laws 1986, c. 444; Laws 1987, c. 358, § 130; Laws 1994, c. 636, art. 4, § 33; Laws 1997 c. 7, art. 1, § 169; Laws 1997, c. 147, § 78.

Notes and Decisions: Requirement that sheriff be licensed as peace officer is valid. Elbers v. Growe, 502 N.W.2d 810 (Minn. Ct. App. 1993).

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CHAPTER 645 – INTERPRETATION OF STATUTES AND RULES

CONSTRUCTION OF WORDS AND PHRASES

645.08. Canons of construction.

In construing the statutes of this state, the following canons of interpretation are to govern, unless their observance would involve a construction inconsistent with the manifest intent of the legislature, or repugnant to the context of the statute:

(1) words and phrases are construed according to rules of grammar and according to their common and approved usage; but technical words and phrases and such others as have acquired a special meaning, or are defined in this chapter, are construed according to such special meaning or their definition;

(2) the singular includes the plural; and the plural, the singular; words of one gender include the other genders; words used in the past or present tense include the future;

(3) general words are construed to be restricted in their meaning by preceding particular words;

(4) words in a law conferring a joint authority upon three or more public officers or other persons are construed to confer authority upon a majority of such officers or persons; and

(5) a majority of the qualified members of any board or commission constitutes a quorum.

History: Amended by Laws 1986, c. 444.

 

645.11. Published notice.

Unless otherwise specifically provided, the words “published notice,” when used in reference to the giving of notice in any proceeding or the service of any summons, order, or process in judicial proceedings, mean the publication in full of the notice, or other paper referred to, in the regular issue of a qualified newspaper, once each week for the number of weeks specified. When the publication day of any newspaper falls upon Thanksgiving Day, or upon any legal holiday, the publication of notice in any proceeding or the publication of any summons, order, or process in judicial proceedings, may be made either the day before or the day after Thanksgiving Day, or such legal holiday. When the published notice contains a description of real estate which is located within the legal limits of any city, which city is situated in more than one county, such published notice may be published in any legal newspaper within such city.

History: Amended by Laws 1973, c. 123, art. 5, § 7.

 

645.12. Posted notice

Subd. 1. Definition. The term “posted notice,” when used in reference to the giving of notice in any proceeding or the service of any summons, order, or process in judicial proceedings, means the posting, at the beginning of the prescribed period of notice, of a copy of the notice or document referred to, in a manner likely to attract attention, in each of three of the most public places in the town, city, district, or county to which the subject matter of the notice relates, or in which the thing of which notice is given is to occur or to be performed.

Subd. 2. Posting; large number of similar notices in same proceeding. Posting, posting in a conspicuous place, or conspicuously posting shall, when the number of notices of like nature in the same proceeding is so large that it would be impractical to affix the notices separately to a wall, post, or bulletin board, include placing the notices in a loose leaf binder or binders with a statement of the contents on the outside thereof, which shall be kept on a table or counter in the designated place of posting, provided that such notices shall be accessible and subject to inspection by the public at all times.

Subd. 3. Posting; large number of licenses issued to same person. Posting, posting in a conspicuous place, or conspicuously posting shall, when the number of licenses issued to the same person, persons, copartnership, or corporation is so large that it would be impractical to affix the licenses separately to a wall, post, or fixture, include placing such licenses in a series of open face envelopes with a statement of the contents on the outside thereof, which shall be prominently displayed, provided that such licenses shall be accessible and subject to inspection at all times.

 

645.13. Time; publication for successive weeks.

When the term “successive weeks” is used in any law providing for the publishing of notices, the word “weeks” shall be construed as calendar weeks. The publication upon any day of such weeks shall be sufficient publication for that week, but at least five days shall elapse between each publication. At least the number of weeks specified in “successive weeks” shall elapse between the first publication and the day for the happening of the event for which the publication is made.

 

645.14. Time; computation of months.

When, in any law, the lapse of a number of months before or after a certain day is required, such number of months shall be computed by counting the months from such day, excluding the calendar month in which such day occurs, and including the day of the month in the last months so counted having the same numerical order as the day of the month from which the computation is made, unless there be not so many days in the last month so counted, in which case the period computed shall expire with the last day of the month so counted.

 

645.15. Computation of time.

Where the performance or doing of any act, duty, matter, payment, or thing is ordered or directed, and the period of time or duration for the performance or doing thereof is prescribed and fixed by law, the time, except as otherwise provided in sections 645.13 and 645.14, shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on Saturday, Sunday, or a legal holiday, that day shall be omitted from the computation.

History: Amended by Laws 1981, c. 117, § 1.

 

DEFINITIONS OF WORDS AND PHRASES

645.44. Words and phrases defined.

Subd. 1. Scope. The following words, terms, and phrases used in Minnesota Statutes or any legislative act shall have the meanings given them in this section, unless another intention clearly appears.

Subd. 1a. Appellate courts. “Appellate courts” means the supreme court and the court of appeals.

Subd. 1b. Chair. “Chair” includes chairman, chairwoman, and chairperson.

Subd. 2. Court administrator. When used in reference to court procedure, “court administrator” means the court administrator of the court in which the action or proceeding is pending, and “court administrator’s office” means that court administrator’s office.

Subd. 3. County, town, city. When a county, town or city is mentioned, without any particular description, it imports the particular county, town or city appropriate to the matter.

Subd. 3a. Repealed by Laws 1976, c. 44, § 70, eff. March 13, 1976.

Subd. 4. Folio. “Folio” means 100 words, counting as a word each number necessarily used; if there be fewer than 100 words in all, the paper shall be computed as one folio; likewise any excess over the last full folio.

Subd. 5. Holiday. “Holiday” includes New Year’s Day, January 1; Martin Luther King’s Birthday, the third Monday in January; Washington’s and Lincoln’s Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Christopher Columbus Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, when New Year’s Day, January 1; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Sunday, the following day shall be a holiday and, provided, when New Year’s Day, January 1; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. No public business shall be transacted on any holiday, except in cases of necessity and except in cases of public business transacted by the legislature, nor shall any civil process be served thereon. However, for the executive branch of the state of Minnesota, “holiday” also includes the Friday after Thanksgiving but does not include Christopher Columbus Day. Other branches of state government and political subdivisions shall have the option of determining whether Christopher Columbus Day and the Friday after Thanksgiving shall be holidays. Where it is determined that Columbus Day or the Friday after Thanksgiving is not a holiday, public business may be conducted thereon.

Any agreement between a public employer and an employee organization citing Veterans Day as the fourth Monday in October shall be amended to cite Veterans Day as November 11.

Subd. 5a. Public member. “Public member” means a person who is not, or never was, a member of the profession or occupation being licensed or regulated or the spouse of any such person, or a person who does not have or has never had, a material financial interest in either the providing of the professional service being licensed or regulated, or an activity directly related to the profession or occupation being licensed or regulated.

Subd. 6. Oath; affirmation; affirm; sworn. “Oath” includes “affirmation” in all cases where by law an affirmation may be substituted for an oath; and in like cases “swear” includes “affirm” and “sworn” “affirmed.”

Subd. 7. Person. “Person” may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations.

Subd. 8. Population; inhabitants. When used in reference to population, “population” and “inhabitants” mean that shown by the last preceding federal decennial census unless otherwise expressly provided.

Subd. 8a. Public waters. “Public waters” means public waters as defined in section 103G.005, subdivision 15, and includes “public waters wetlands” as defined in section 103G.005, subdivision 15a.

Subd. 9. Recorded; filed for record. When an instrument in writing is required or permitted to be filed for record with or recorded by any officer, the same imports that it must be recorded by such officer in a suitable book kept for that purpose, unless otherwise expressly directed.

Subd. 10. Seal. When the seal of a court, public office, or corporation is required by law to be affixed to any paper, the word “seal” includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. When the seal of a court is required by law to be affixed to any paper or document, the word “seal” also includes an image of the court seal affixed by the court to an electronic image of the paper or document.

Subd. 11. State; United States. When applied to a part of the United States, “state” extends to and includes the District of Columbia and the several territories. “United States” embraces the District of Columbia and territories.

Subd. 12. Sheriff. “Sheriff” may be extended to any person officially performing the duties of a sheriff, either generally or in special cases.

Subd. 13. Time; month; year. “Month” means a calendar month and “year” means a calendar year, unless otherwise expressed; and “year” is equivalent to the expression “year of our Lord.”

Subd. 13a. Wetlands. “Wetlands” means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes:

(1) have a predominance of hydric soils;

(2) are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and

(3) under normal circumstances, support a prevalence of such vegetation.

Subd. 14. Written; in writing. “Written” and “in writing” may include any mode of representing words and letters. The signature of a person, when required by law, (1) must be in the handwriting of the person, or (2) if the person is unable to write (i) the person’s mark or name written by another at the request and in the presence of the person, or (ii) by a rubber stamp facsimile of the person’s actual signature, mark, or a signature of the person’s name or a mark made by another and adopted for all purposes of signature by the person with a motor disability and affixed in the person’s presence. The signature of a person on a document that will be filed with a court, when required by law, may also be made electronically if otherwise authorized by statute or court rule.

Subd. 15. May. “May” is permissive.

Subd. 15a. Must. “Must” is mandatory.

Subd. 16. Shall. “Shall” is mandatory.

Subd. 17. Violate. “Violate” includes failure to comply with.

Subd. 18. Pledge; mortgage; conditional sale; lien; assignment. “Pledge,” “mortgage,” “conditional sale,” “lien,” “assignment,” and similar terms used in referring to a security interest in goods include corresponding types of security interests under article 9 of the Uniform Commercial Code.1

Subd. 19. Fee and tax. (a) “Tax” means any fee, charge, exaction, or assessment imposed by a governmental entity on an individual, person, entity, transaction, good, service, or other thing. It excludes a price that an individual or entity chooses voluntarily to pay in return for receipt of goods or services provided by the governmental entity. A government good or service does not include access to or the authority to engage in private market transactions with a nongovernmental party, such as licenses to engage in a trade, profession, or business or to improve private property.

(b) For purposes of applying the laws of this state, a “fee,” “charge,” or other similar term that satisfies the functional requirements of paragraph (a) must be treated as a tax for all purposes, regardless of whether the statute or law names or describes it as a tax. The provisions of this subdivision do not exempt a person, corporation, organization, or entity from payment of a validly imposed fee, charge, exaction, or assessment, nor preempt or supersede limitations under law that apply to fees, charges, or assessments.

(c) This subdivision is not intended to extend or limit article 4, section 18, of the Minnesota Constitution.

Subd. 20. Estimated market value. When used in determining or calculating a limit on taxation, spending, state aid amounts, or debt, bond, certificate of indebtedness, or capital note issuance by or for a local government unit, “estimated market value” has the meaning given in section 273.032.

History: Amended by Laws 1945, c. 337, § 1; Laws 1947, c. 201, § 4; Laws 1955, c. 495, § 1; Laws 1955, c. 783, § 1; Laws 1959, c. 52, § 2; Laws 1965, c. 812, § 25, eff. July 1, 1966; Laws 1969, c. 69, § 1, eff. Jan. 1, 1971; Laws 1973, c. 123, art. 5, §§ 2, 7; Laws 1973, c. 228, § 1; Laws 1973, c. 343, § 1; Laws 1974, c. 88, § 1; Laws 1977, c. 347, § 64; Laws 1979, c. 332, art. 1, § 92, eff. July 1, 1979; Laws 1980, c. 487, § 21; Laws 1983, c. 247, § 216, eff. Aug. 1, 1983; Laws 1984, c. 656, § 4, eff. Jan. 1, 1986; Laws 1986, c. 444, § 5; Laws 1986, 1st Sp., c. 3, art. 1, § 82; Laws 1990, c. 391, art. 8, § 57; Laws 1991, c. 354, art. 6, § 19; Laws 1996, c. 462, § 43; Laws 2000, c. 382, § 18, eff. April 14, 2000; Laws 2001, 1st Sp., c. 10, art. 2, § 84, eff. July 1, 2001; Laws 2006, c. 259, art. 13, § 15, eff. June 2, 2006; Laws 2009, c. 88, art. 12, § 18, eff. May 17, 2009; Laws 2013, c. 143, art. 14, § 109; Laws 2014, c. 204, §§ 12, 13, eff. Aug. 1, 2014.

 

OTHER PROVISIONS

645.49. Headnotes.

The headnotes printed in boldface type before sections and subdivisions in editions of Minnesota Statutes are mere catchwords to indicate the contents of the section or subdivision and are not part of the statute.

History: Laws 1984, c. 480, § 20.

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CHAPTER 8200 – VOTER REGISTRATION

COUNTY AUDITOR’S DUTIES

8200.0300. Delegation of Duties.

The county auditor may delegate to municipal officials all duties assigned to the county auditor by chapter 8200 and by Minnesota Statutes, chapter 201, except the preparation and distribution of lists of registered voters. The auditor may delegate the responsibility to accept voter registration applications, but a delegation of this responsibility does not relieve the auditor of the duty to accept voter registration applications.

Statutory Authority: MS s 14.388; 201.022; 201.221; 204B.25

History: 12 SR 2215; 25 SR 616; 29 SR 155

 

8200.0400. [Repealed, 20 SR 2787]

 

8200.0700. [Repealed, 20 SR 2787]

 

8200.0800. [Repealed, 40 SR 1553]

 

VOTER REGISTRATION APPLICATIONS

8200.1100. Printing Specifications.

Subpart 1. Applications returned by mail. Voter registration applications printed for the purpose of distribution and mailing may be printed pursuant to items A to D.

A. The size must be 8-1/2 inches by 11 inches, including a 9/16-inch stub.

B. The paper must be at least 80-pound white offset.

C. The secretary of state may approve alternate forms of voter registration applications to be attached to or included in tax booklets and forms used by state agencies, and other forms deemed appropriate by the secretary of state if the forms have spaces for the information required in Minnesota Statutes, section 201.071. The secretary of state may approve the county use of an application with dimensions other than those prescribed in item A.

D. The stub must have an adhesive applied to it so that the application can be sealed when it is folded together for mailing.

Subp. 2. Other applications. Paper voter registration applications for use at county auditor offices or at polling places on election day must be printed pursuant to items A to D.

A. The size must be 8-1/2 by 11 inches.

B. The paper must be white offset.

C. The secretary of state may approve the county use of an application with dimensions other than those prescribed in item A.

D. The voucher oath prescribed by part 8200.9939 may be printed on the reverse side of the voter registration application produced under this subpart.

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.071; 201.221; 203B.09

History: 8 SR 1348; 12 SR 2215; 20 SR 2787; 25 SR 616; 29 SR 155; 31 SR 350; 32 SR 2055; 40 SR 1553; 43 SR 437

 

8200.1200. Registration Application; Format.

Subpart 1. Form. Any voter registration application must:

A. meet the requirements of Minnesota Statutes, section 201.071;

B. be consistent in layout with the data entry screens used by the statewide voter registration system;

C. take into consideration readability and ease of understanding;

D. if produced under part 8200.1100, subpart 1, provide room for including a mailing address for returning the completed registration;

E. include on or with the application a set of instructions for the application;

F. include on or with the application a statement that assistance for registration and voting is available for elderly and disabled persons and residents of health care facilities;

G. include on the application a reference to where a privacy information statement may be found, if produced under part 8200.1100, subpart 1; and

H. include on or with the application a privacy information statement, if produced under part 8200.1100, subpart 2.

Subp. 1a. [Repealed, 31 SR 350]

Subp. 1b. Design specifications. The secretary of state shall provide examples of the voter registration application to all county auditors.

Subp. 2. Box for office use only. Paper voter registration applications must contain a box marked for “election judge official use only” which contains “W __”, “P __”, and “SD.” These abbreviations stand for “ward,” “precinct,” and “school district.” Other information may also be included. Judges of election shall record the type of election day voter registration proof and its number, if any, in the “election judge official use only” box.

Subp. 3. Identifying mark. Paper voter registration applications may include a mark identifying where the applicant obtained the application or how the application was delivered to the county auditor or secretary of state.

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.071; 201.221; 203B.09

History: 8 SR 1348; 12 SR 2215; 20 SR 2787; 23 SR 459; 25 SR 616; 29 SR 155; 31 SR 350; 32 SR 2055; 40 SR 1553

 

8200.1300. [Repealed, 12 SR 2215]

 

8200.1400. [Repealed, 20 SR 2787]

 

8200.1500. [Repealed, 20 SR 2787]

 

8200.1600. [Repealed, 12 SR 2215]

 

8200.1700. Printing and Distributing Voter Registration Applications.

Each county auditor shall have printed and shall maintain an adequate number of voter registration applications in compliance with this chapter and Minnesota Statutes, chapter 201. An election official who causes voter registration applications to be printed shall print the applications in a form prescribed by this chapter and Minnesota Statutes, chapter 201. The auditor shall provide voter registration applications to any person or group who requests a reasonable number of applications for the purpose of distribution.

Statutory Authority: MS s 14.388; 201.022; 201.071; 201.221

History: 12 SR 2215; 20 SR 2787; 29 SR 155; 31 SR 350

 

8200.1800. Experimental Forms.

The secretary of state may provide for the experimental use of alternate forms on a trial basis.

Statutory Authority: MS s 201.221

History: 8 SR 1348

 

PLACES TO REGISTER

8200.2100. Duties of Auditor.

Each county auditor shall designate a number of public buildings within the county where persons may obtain, complete, and deposit registration applications. The county auditor or a designee shall be on duty in the designated building and the person on duty shall transmit completed registration applications to the county auditor within two working days after receipt.

Statutory Authority: MS s 14.388; 201.022; 201.221

History: 12 SR 2215; 20 SR 2787; 29 SR 155

 

8200.2200. Buildings for Registration.

Each political subdivision shall have at least one building where voter registration applications may be obtained and deposited.

Statutory Authority: MS s 14.388; 201.022; 201.221

History: 12 SR 2215; 20 SR 2787; 29 SR 155; 38 SR 1368

 

8200.2300. [Repealed, 10 SR 1690]

 

ACCEPTED OR PROCESSED APPLICATIONS

8200.2500. Definition of Accepted or Processed.

For purposes of section 303(a)(5)(A)(i) of the Help America Vote Act of 2002, Public Law 107-552, “accepted or processed” means that the determination has been made that the voter registration application is not deficient and the registration status of the voter is “active” or “challenged.”

Statutory Authority: MS s 14.388

History: 29 SR 155

 

AUDITORS’ DUTIES; NOTIFICATIONS; PROCESSING APPLICATIONS

8200.2600. Registrations and Name and Address Changes to Registrations.

If a county auditor determines that a registration application or a name or address change to registration has been completed, the auditor shall file the application or name or address change to registration and enter the registration or name or address change to registration on the state registration system. The county auditor shall file and maintain each voter registration application in an orderly manner. The county auditor shall have a notice mailed to each newly registered voter and to each voter who changed name or address information indicating the voter’s name, address, precinct, and polling place. The notice must require that it be returned if not deliverable as addressed.

Statutory Authority: MS s 14.388; 201.022; 201.221

History: 12 SR 2215; 25 SR 616; 29 SR 155

 

8200.2700. Auditor’s Random Notification.

Following each election in which voters register on election day, the county auditor shall send a mailed notice of registration to a random sample of three percent of the election day registrants within ten days of the election. This rule shall not relieve the county auditor of the responsibility to send a mailed notice to all registrants.

Statutory Authority: MS s 201.221

 

8200.2800. [Repealed, 29 SR 155]

 

8200.2900. Deficient Registrations; Notice of Deficient Registrations.

When a person attempts to register prior to election day and the county auditor determines that the registration is deficient, the auditor shall notify the person attempting to register that the registration was not correctly completed. The auditor shall attempt to obtain from the applicant any needed information by mail or, if a telephone number or an e-mail address was provided by the applicant, by telephone or e-mail.

If the needed information consists of the applicant’s Minnesota driver’s license, Minnesota state identification card, or Social Security number, or confirmation that the applicant has not been issued a Minnesota driver’s license, Minnesota state identification card, or Social Security number, the auditor shall also attempt to obtain that information through the process provided in part 8200.9310, subpart 2.

If the auditor cannot obtain the needed information, the voter registration application is deficient and shall be maintained separately for 22 months.

A new applicant whose voter registration application is deficient shall not be classified as “active” or “challenged.”

If an applicant submits a voter registration application that is deficient, the county auditor shall send a notice of deficient registration to the person seeking to register.

If the auditor notifies an applicant of a deficient voter registration application, the auditor shall also notify the applicant of the dates on which a preelection registration is not permitted by Minnesota Statutes, section 201.061, subdivision 1, and of the procedures for election day registration.

In the notice to the applicant, the auditor shall explain that a registration received by the auditor during the period when preelection registration is not permitted by Minnesota Statutes, section 201.061, subdivision 1, means the applicant will be registered to vote on the day after the upcoming election unless the applicant registers to vote on election day.

If an applicant submits a deficient voter registration application during the period when preelection registration is not permitted by Minnesota Statutes, section 201.061, subdivision 1, the auditor shall notify the applicant that the applicant must register at the polling place of the precinct in which she or he resides on election day to vote at the election.

The secretary of state shall provide a sample notice of deficient registration.

Statutory Authority: MS s 14.388; 201.221

History: 17 SR 1279; 23 SR 459; 25 SR 616; 29 SR 155; 38 SR 1368

 

8200.2950. Addresses on Voter Registration Applications.

A person having a residence with a street address who completes a voter registration application must provide the street address assigned to the person’s residence in the residence space on the voter registration application. Only when the United States Postal Service will not deliver mail to the registrant’s residence address, the registrant must also enter an alternate mailing address on the voter registration application.

Statutory Authority: MS s 14.388; 201.071; 201.221

History: 23 SR 459; 25 SR 616; 29 SR 155

 

8200.3000. Registration in Wrong County.

When a county auditor receives a voter registration application from a person whose address is in another county, the auditor shall within two working days forward the application to the auditor of the proper county if the county can be ascertained.

Statutory Authority: MS s 14.388; 201.221

History: 25 SR 616; 29 SR 155

 

8200.3100. Notice of Incomplete Registration; Completion of Incomplete Registrations.

Subpart 1. Conditions requiring.

A. If an applicant submits a voter registration application that is incomplete as defined in Minnesota Statutes, section 201.061, subdivision 1a, the auditor shall send a notice of incomplete registration. The notice sent to the applicant must:

(1) inform the applicant that the registration is incomplete;

(2) inform the applicant that to complete the registration, the applicant must present documents or take actions prior to voting;

(3) explain the applicant’s options for completing the registration prior to 20 days before the election or at the polls on election day as set forth in Minnesota Statutes, section 201.061, subdivision 1a;

(4) provide the list of documents that may be presented to complete the registration; and

(5) explain the methods by which the applicant can register to vote on election day if the applicant is unable to complete the registration by any of the options described in subitem (3).

B. If an applicant submits a voter registration application that is incomplete as defined in Minnesota Statutes, section 201.121, subdivision 1, paragraph (f), the auditor shall record in the voter registration system that the registration is incomplete under that section and send the applicant a notice of incomplete registration advising the voter that the voter needs to:

(1) provide information that completes the registration to the registration office or contact that office prior to 20 days before the election; or

(2) provide the information to the election judges on election day for entry on the roster.

The secretary of state shall provide a sample notice of incomplete registration. The applicant must be allowed to vote only after completing the registration or after registering or updating their registration using current information for the applicant.

After an election, the auditor shall compile a list of voters who voted who were not verified by election day. The auditor shall verify the records in the manner described in part 8200.5500 for registrations received on election day.

If a voter provides the necessary information and votes without updating their registration or registering on election day to correct information listed on the roster, the county auditor shall send that person a postal verification card as if the voter had registered on election day.

If that postal verification card is returned to the county auditor, the auditor shall challenge the status on the voter record and may refer the registration to the county attorney.

Subp. 2. [Repealed, 23 SR 459]

Statutory Authority: MS s 14.388; 201.061; 201.221

History: 23 SR 403; 23 SR 459; 25 SR 616; 29 SR 155

 

8200.3110. Notice of Late Registration.

A. If an applicant submits a voter registration application that is not deficient but that is filed during the period when preelection registration is not permitted by Minnesota Statutes, section 201.061, subdivision 1, the auditor shall send a notice of late registration to the person seeking to register. The notice of late registration must require that it be returned if not deliverable and must explain that if the applicant chooses not to register and vote at the upcoming election, the applicant’s registration will become effective on the day after the election.

B. The secretary of state shall provide a sample notice of late registration.

Statutory Authority: MS s 14.388

History: 29 SR 155

 

8200.3200. Certain Applicants Exempt From Identification Requirements.

Pursuant to section 303(b)(3)(C) of the Help America Vote Act of 2002, Public Law 107-252, persons who are voting by absentee ballot or otherwise than in person pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, the Voting Accessibility for the Elderly and Handicapped Act, or any other federal law are exempt from Minnesota Statutes, section 201.061, subdivision 1a.

Statutory Authority: MS s 14.388; 201.221

History: 29 SR 155; 38 SR 1368

 

8200.3300. [Repealed, 20 SR 2787]

 

8200.3400. [Repealed, 20 SR 2787]

 

8200.3500. Acknowledgment of Ineligible Applications.

Ineligible applicants shall be notified of the reasons for their ineligibility and their cards maintained separately by the auditor for 22 months.

Statutory Authority: MS s 201.221

History: 25 SR 616

 

8200.3550. Notice of Challenge Removal.

The county auditor shall mail a notice indicating the person’s name, address, precinct, and polling place to any registered voter whose civil rights have been restored after a felony conviction; who has been removed from under a guardianship of the person under which the person did not retain the right to vote; or who has been restored to capacity by the court after being ineligible to vote. The notice must require that it be returned if not deliverable.

Statutory Authority: MS s 14.388; 201.221

History: 23 SR 459; 29 SR 155

 

8200.3600. Change of Residence.

A person who has previously registered to vote in Minnesota who changes residence must be permitted to vote only after the person’s registration has been updated to the person’s new residence address.

Statutory Authority: MS s 14.388; 201.221

History: 17 SR 1279; 29 SR 155; 38 SR 1368

 

8200.3700. Removal of Applications From Registration Files.

If a voter registration application is to be removed from the registration files, except that of a deceased person or that of a voter who has reregistered in another state, the county auditor may notify the person whose application is to be removed of the removal and the reason for the removal in writing. The applications removed must be maintained in separate files for 22 months.

Statutory Authority: MS s 14.388; 201.022; 201.221

History: 12 SR 2215; 25 SR 616; 29 SR 155; 31 SR 350

 

8200.3800. Emergency Voting.

Subpart 1. When required. If a voter who has registered prior to an election day is challenged because the voter’s name does not appear on the polling place roster of the precinct in which the voter desires to vote, the voter may register on that election day by following the election day registration procedures in parts 8200.1100 to 8200.9300 and 8220.0300 to 8220.4800. Or, if it appears upon examination that the voter’s name was erroneously omitted from the roster, the voter must be permitted to vote in the precinct after completing the required name and address information and signing the oath on the polling place roster. The judges shall note on the list that the voter was permitted to vote pursuant to instructions from the county auditor and two judges shall initial the entry.

Subp. 2. [Repealed, 12 SR 2215]

Statutory Authority: MS s 201.022; 201.221

History: 12 SR 2215; 20 SR 2787

 

8200.3900. Processing of National Voter Registration Act Applications.

All county auditors shall accept voter registration applications on forms prescribed by the Federal Election Commission as provided by the National Voter Registration Act if the application is from a person eligible to vote in Minnesota, and includes whether the person is a United States citizen and will be 18 years old on or before election day, the applicant’s name, address in Minnesota, previous address (if any), date of birth, current and valid Minnesota driver’s license or Minnesota state identification card number, or, if the applicant has no current and valid Minnesota driver’s license or Minnesota state identification card, the last four digits of the applicant’s Social Security number if the applicant has been issued a Social Security number, the applicant’s signature, and the date of registration. The application must be treated by the county auditor in the same manner as a Minnesota voter registration application.

Statutory Authority: MS s 14.388; 201.022; 201.221

History: 19 SR 593; 29 SR 155

 

8200.4000. PROCESSING OF FEDERAL POST CARD APPLICATION.

Any federal post card application received from a member of the armed forces of the United States or from a person currently residing in Minnesota but temporarily living in another country must be processed as a voter registration application and, if the application is properly completed, the information on that application must be entered into the statewide voter registration system.

Statutory Authority: MS s 201.061; 201.221; 203B.09

History: 32 SR 2055

 

ELECTION DAY REGISTRATION

8200.5100. Registration at Precinct Only.

Subpart 1. Procedure; proof. Any person otherwise qualified but not registered to vote in the precinct in which the person resides may register to vote on election day at the polling place of the precinct in which the person resides. To register on election day, a person must complete and sign the registration application and provide proof of residence. A person may prove residence on election day only:

A. by presenting:

(1) a valid Minnesota driver’s license, learner’s permit, or a receipt for either that contains the voter’s valid address in the precinct;

(2) a valid Minnesota identification card issued by the Minnesota Department of Public Safety or a receipt for the identification card that contains the voter’s valid address in the precinct; or

(3) a tribal identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, address, signature, and picture of the individual;

B. by having a valid registration in the same precinct;

C. by presenting a notice of late registration mailed by the county auditor or municipal clerk;

D. by having a person who is registered to vote in the precinct and knows the applicant is a resident of the precinct sign the oath in part 8200.9939; or

E. by having an employee employed by and working in a residential facility located in the precinct, who knows that the applicant is a resident of that residential facility, vouch for that facility resident, and sign the oath in part 8200.9939, in the presence of the election judge.

“Residential facility” means transitional housing as defined in Minnesota Statutes, section 256E.33, subdivision 1; a supervised living facility licensed by the commissioner of health under Minnesota Statutes, section 144.50, subdivision 6; a nursing home as defined in Minnesota Statutes, section 144A.01, subdivision 5; a residence registered with the commissioner of health as a housing with services establishment as defined in Minnesota Statutes, section 144D.01, subdivision 4; a veterans home operated by the board of directors of the Minnesota Veterans Homes under Minnesota Statutes, chapter 198; a residence licensed by the commissioner of human services to provide a residential program as defined in Minnesota Statutes, section 245A.02, subdivision 14; a residential facility for persons with a developmental disability licensed by the commissioner of human services under Minnesota Statutes, section 252.28; group residential housing as defined in Minnesota Statutes, section 256I.03, subdivision 3; a shelter for battered women as defined in Minnesota Statutes, section 611A.37, subdivision 4; or a supervised publicly or privately operated shelter or dwelling designed to provide temporary living accommodations for the homeless.

To be eligible to sign the oath, the employee must show proof of employment at the residential facility, which may be accomplished by methods including:

(1) having the employee’s name appear on a list of employees provided by the general manager or equivalent officer of the residential facility to the county auditor at least 20 days before the election;

(2) providing a statement on the facility’s letterhead that the individual is an employee of the facility that is signed and dated by a manager or equivalent officer of the facility; or

(3) providing an employee identification badge.

The oaths in items D and E must be attached to the voter registration application and retained for at least 22 months.

Subp. 2. Additional proof of residence allowed. An eligible voter may prove residence under this subpart by presenting one of the photo identification cards listed in item A and one of the additional proofs of residence listed in item B.

A. The following documents are acceptable photo identification cards under this subpart if they contain the voter’s name and photograph:

(1) a driver’s license, a learner’s permit, or identification card, issued by the state of Minnesota or any other state of the United States as defined in Minnesota Statutes, section 645.44, subdivision 11;

(2) a United States passport;

(3) a United States military or veteran identification card;

(4) a student identification card issued by a Minnesota secondary or postsecondary educational institution; or

(5) a tribal identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the individual’s signature.

B. The following documents are acceptable additional proofs of residence under this subpart if the documents show the voter’s name and current address in the precinct:

(1) an original bill, including account statements and start-of-service notification, for telephone, television, or Internet provider services, regardless of how those telephone, television, or Internet provider services are delivered; gas, electric, solid waste, water, or sewer services; credit card or banking services; or rent or mortgage payments. The due date on the bill must be within 30 days before or after election day, or, for bills without a due date, dated within 30 days before election day. For bills delivered electronically, “original” means a printed copy of the electronic bill or a display of the bill on the voter’s portable electronic device;

(2) a current student fee statement that contains the student’s valid address in the precinct; or

(3) a residential lease or residential rental agreement if the lease or rental agreement is valid through election day.

Subp. 3. Additional proof of residence allowed for students. An eligible voter may prove residence by presenting a current valid photo identification issued by a postsecondary educational institution in Minnesota if the voter’s name, student identification number (if available), and address within the precinct appear on a current residential housing list under Minnesota Statutes, section 135A.17, certified to the county auditor by the postsecondary educational institution.

This additional proof of residence for students must not be allowed unless the postsecondary educational institution submits to the county auditor no later than 60 days prior to the election a written agreement that the postsecondary educational institution will certify for use at the election accurate updated residential housing lists under Minnesota Statutes, section 135A.17. A written agreement is effective for the election and all subsequent elections held in that calendar year, including the November general election.

The additional proof of residence for students must be allowed on an equal basis for voters who reside in housing meeting the requirements of Minnesota Statutes, section 135A.17, if the residential housing lists certified by the postsecondary educational institution meet the requirements of this part.

An updated residential housing list must be certified to the county auditor no earlier than 20 days prior to each election. The certification must be dated and signed by the chief officer or designee of the postsecondary educational institution and must state that the list is current and accurate and includes only the names of persons residing as of the date of the certification.

The auditor shall instruct the election judges of the precinct in procedures for use of the list in conjunction with photo identification. The auditor shall supply a list to the election judges with the election supplies for the precinct.

The auditor shall notify all postsecondary educational institutions in the county of the provisions of this subpart.

Subp. 4. [Repealed, 38 SR 1368]

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.221; 203B.09.

History: 11 SR 218; 12 SR 2215; 20 SR 2787; 23 SR 403; 23 SR 459; 25 SR 616; 31 SR 350; 32 SR 2055; 38 SR 1368; 40 SR 1553

Editors’ Notes: Subpart 1, item E, has been vetoed by the governor, at 32 SR 2060.

 

8200.5200. Swearing to Residence.

No person in a polling place as a challenger, pursuant to Minnesota Statutes, section 204C.07, shall be permitted to swear to the residence of any persons attempting to register on election day. A voter registered in the same precinct, including an election judge, may swear to the residence of any person who the voter knows to be a resident of the precinct. An election judge must swear to a person’s residence before another election judge.

Statutory Authority: MS s 201.221

History: 17 SR 1279

 

8200.5300. Election Judge Duties.

One judge may both distribute ballots and register voters during the course of an election day, but one judge shall not perform both functions for the same voter. Persons wishing to register to vote on election day may determine whether they wish to fill out the voter registration application themselves or request the assistance of an election judge. The judges shall confine their questions to information necessary to complete the voter registration application.

Statutory Authority: MS s 14.388; 201.221

History: 29 SR 155

 

8200.5400. Notation of Identification on Registration Application.

When a voter uses a driver’s license, learner’s permit, or identification card, issued by the state of Minnesota or any other state of the United States as defined in Minnesota Statutes, section 645.44, subdivision 11; United States passport; United States military or veteran identification card; tribal identification card; or Minnesota secondary or postsecondary educational institution student identification card to prove residence or identity when registering on election day, the election judge who is registering voters shall record the number, if any, on the voter registration application in the “election judge official use only” area of the application. When a voter uses one of the documents listed in part 8200.5100, subparts 2 and 3 to prove residence for election day registration, the election judge who is registering voters shall record the type of document on the voter registration application in the “election judge official use only” area of the application.

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.221; 203B.09

History: 12 SR 2215; 23 SR 403; 23 SR 459; 25 SR 616; 29 SR 155; 32 SR 2055; 38 SR 1368; 40 SR 1553

 

8200.5500. Registrations Received on Election Day.

Subpart 1. Sufficiency of driver’s license, Minnesota state identification card, or four-digit Social Security number information. Minnesota driver’s license, Minnesota state identification card, or Social Security number information provided as part of an election day registration voter registration application pursuant to Minnesota Statutes, section 201.061, subdivision 3, is sufficient as defined in section 303(a)(5)(A)(iii) of the Help America Vote Act of 2002, Public Law 107-252, to permit the applicant to vote at the election or an applicant can register as otherwise provided by Minnesota law.

Subp. 2. Verification; correction; enforcement. All new voter registration applications and updates of existing voter registrations submitted on election day pursuant to Minnesota Statutes, section 201.061, subdivision 3, must be verified pursuant to part 8200.9310 and Minnesota Statutes, section 201.121.

If, after matching the information in the statewide voter registration system with the information contained in the Department of Public Safety database or, in the case of an applicant who does not have a Minnesota driver’s license or Minnesota identification card, in the database of the Social Security Administration, the accuracy of the information on the voter registration application cannot be verified, the county auditor must investigate and attempt to resolve the discrepancy.

The county auditor must send notices to election day registrants whose information cannot be verified and request that the voters contact the registration office.

If the voter does not provide information that resolves the discrepancy so that the voter registration application can be verified, the county auditor must challenge the voter in the statewide voter registration system and may refer the matter to the county attorney. If during the verification process the Department of Public Safety provides information that indicates that the voter is ineligible to vote, the county auditor must challenge the voter’s record in the statewide voter registration system and refer the matter to the county attorney.

Statutory Authority: MS s 14.388; 201.022; 201.221

History: 25 SR 616; 29 SR 155; 38 SR 1368

 

8200.5600. Training Election Judges.

Election judges who will be registering voters on election day shall receive training on election day voter registration procedures from the county auditor or designated municipal clerk at the same time training is provided pursuant to Minnesota Statutes, section 204B.25. Note: See chapter 8240.

Statutory Authority: MS s 204B.25

 

8200.5700. [Repealed, 29 SR 155]

 

8200.5710. Report of Deceased Voter.

If on election day an individual wishes to report a deceased voter to an election judge, the individual reporting the deceased voter must complete notification of death of the registered voter in accordance with Minnesota Statutes, section 201.13. The notification of death must be in substantially the following form:

In accordance with Minnesota Statutes, section 201.13, I am a registered voter and I have personal knowledge that __________________________ is deceased.

Name of Registered Voter
Signature of Registered Voter
Date

Deceased’s Date of Birth:

Date of Death:

Deceased’s Last Known Address:

Statutory Authority: MS s 201.221

History: 38 SR 1368

 

POSTERS

8200.5800. Posters.

The county auditor shall supply each polling place with posters furnished to the county by the secretary of state. The election judges shall post the posters in an appropriate location in the polling place prior to opening the polls.

Statutory Authority: MS s 201.221

 

COPIES OF PUBLIC INFORMATION LISTS

8200.6100. Copies of Public Information Lists.

Persons requesting copies of public information lists shall provide the secretary of state or county auditor with a written request stating the information required by Minnesota Statutes, section 201.091, subdivision 4. The secretary of state may provide forms for these requests.

Statutory Authority: MS s 201.022; 201.221

History: 20 SR 2787

 

8200.6200. Public Information List Available for Inspection.

The public information list must be available for public inspection for authorized purposes at all times in the county auditor’s office. The secretary of state may make available for purchase public information lists in electronic or other media.

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.221; 203B.09

History: 20 SR 2787; 29 SR 155; 32 SR 2055

 

8200.6300. [Repealed, 25 SR 616]

 

8200.6400. Form of Public Information List Provided by Secretary of State.

The public information list provided by the secretary of state must contain the information required by Minnesota Statutes, section 201.091, subdivision 4, and must not contain the information in Minnesota Statutes, section 201.091, subdivision 9. The public information list may also include the precinct, ward, congressional district, legislative district, county commissioner district, judicial district, school district, or other identifiers for each election district in which the voter resides. The public information list may be requested in electronic or other media.

Statutory Authority: MS s 14.388; 201.091; 201.221

History: 15 SR 2308; 25 SR 616; 29 SR 155

 

CHALLENGES AND VIOLATIONS

8200.7100. Challenges to Voter Registration.

Persons wishing to challenge a voter’s registration pursuant to Minnesota Statutes, section 201.195 may do so in the form in part 8200.9950.

The petition shall be accompanied by an affidavit of the challenger stating the basis for the challenge on personal knowledge.

Statutory Authority: MS s 201.221

 

8200.7200. County Attorney Report.

Subpart 1. Report. By October 1, county attorneys shall report the outcome of any charging decision based on an investigation of alleged violations of voter registration or voting laws from the previous calendar year to the secretary of state. The report must contain a brief description of the allegation and the outcome of the charging decision. If the county has not completed all investigations of alleged violations of voter registration or voting laws by October 1, the county attorney must provide a summary of any pending investigations of alleged violations of voter registration or voting laws that have not reached a charging decision.

Subp. 2. Data classification. Pursuant to Minnesota Statutes, section 13.03, subdivision 4, the data provided to the secretary of state by a county attorney maintains the same data classification as the data maintained at the entity providing the data.

Statutory Authority: MS s 201.221

History: 43 SR 437

 

8200.8100. [Repealed, 8 SR 1348]

 

8200.8200. [Repealed, 8 SR 1348]

 

8200.8300. [Repealed, 8 SR 1348]

 

8200.9100. [Repealed, 20 SR 2787]

 

POLLING PLACE ROSTERS

8200.9115. Form of Polling Place Rosters.

Subpart 1. General form of roster. The polling place rosters must contain the following items from the statewide registration system: voter’s name, voter’s address, voter’s date of birth, voter’s school district number, and a line on which the voter’s signature can be written. When a voter’s registration has been challenged pursuant to Minnesota Statutes, section 201.121, subdivision 2, an indicator noting the voter’s challenged status must be printed on the line or included in the field provided for the voter’s signature. A similar indicator must be printed on the line or included in the field provided for the voter’s signature to note a voter’s guardianship or felony status, if any.

The following certification must be included at the top of each page of the polling place roster: “I swear or affirm that I am at least 18 years of age and a citizen of the United States; that I reside at the address shown and have resided in Minnesota for 20 days immediately preceding this election; that I am not under guardianship of the person in which the court order revokes my right to vote, have not been found by a court to be legally incompetent to vote, and that I have the right to vote because, if convicted of a felony, my felony sentence has expired (been completed) or I have been discharged from my sentence; and that I am registered and will be voting only in this precinct. I understand that giving false information is a felony punishable by not more than five years imprisonment and a fine of not more than $10,000, or both.”

One or more pages in a printed polling place roster must be provided for use by voters who register to vote in the polling place on election day. An election day registrant shall fill in the registrant’s name, address, and date of birth and shall sign the roster on the line provided.

The polling place roster must also contain the name of the precinct and, for paper rosters, must include a page number. In addition, each line provided for a voter’s signature must be consecutively numbered on each page.

The roster may also include additional material as permitted under Minnesota Statutes, section 201.221, subdivision 3.

Subp. 2. [Repealed, 25 SR 616]

Subp. 3. Production of rosters. The Secretary of State shall identify and develop methods of producing polling place rosters. The Secretary of State shall provide polling place rosters for each election in the state. The rosters provided by the secretary of state must be forwarded to the county auditors in an electronic format specified by the secretary of state. Alternatively, the list provided to the county auditors may be provided in another medium, if a written agreement specifying the medium is signed by the secretary of state and the county auditor at least 90 days before the November general election. A written agreement is effective for all elections until rescinded by either party.

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.091; 201.221; 203B.09

History: 15 SR 2308; 19 SR 593; 25 SR 616; 29 SR 155; 31 SR 350; 32 SR 2055; 40 SR 1553

 

8200.9120. Inspection of Polling Place Rosters.

An individual who asks to inspect a polling place roster used on election day must provide the county auditor with identification and a written request stating the information required by Minnesota Statutes, section 201.091, subdivision 4. Before fulfilling the request for inspection, the auditor must conceal the month and day of birth of each person on the roster.

Statutory Authority: MS s 201.091; 201.221

History: 25 SR 616

 

8200.9200. [Repealed, 20 SR 2787]

 

MAINTAINING CERTAIN RECORDS

8200.9300. Maintaining Certain Voter Registration Records; Security.

Subpart 1. [Repealed, 20 SR 2787]

Subp. 2. [Repealed, 20 SR 2787]

Subp. 3. [Repealed, 20 SR 2787]

Subp. 4. [Repealed, 20 SR 2787]

Subp. 5. [Repealed, 20 SR 2787]

Subp. 6. [Repealed, 20 SR 2787]

Subp. 7. Challenges and other notices. A record of any challenge to a voter registration shall be made part of the registration file and shall remain until removed according to law. The word “challenged” shall appear on the same line as or directly above the name of a challenged voter on the polling place roster. A record of any notice affixed to a voter registration application pursuant to Minnesota Statutes, section 201.145, subdivision 2, shall remain part of the file until removed according to law. The word “guardianship” shall appear on the same line as or directly above the name of the voter on the polling place roster. If any other special notice or information is affixed to a voter registration application, an indication of the notice shall be printed on the polling place roster.

Subp. 8. Absentee voting. When an absentee return envelope is marked “Accepted” pursuant to Minnesota Statutes, section 203B.121, subdivision 2, the roster shall be marked pursuant to Minnesota Statutes, section 203B.121, subdivision 3.

Subp. 9. Security. The auditor or clerk is responsible for maintaining the integrity of the polling place roster and for restricting access to the statewide registration system to properly authorized persons. The auditor or clerk shall provide for the transport and security of the polling place roster.

Subp. 10. Voter’s receipt. The election judges shall determine the number of ballots to be counted by adding the number of return envelopes from accepted absentee ballots to the number of voter’s receipts issued pursuant to Minnesota Statutes, section 204C.10, subdivision 2, or to the number of names signed on the polling place roster. The election jurisdiction may require that the election judges number or initial each voter’s receipt as it is issued.

Subp. 11. [Repealed, 38 SR 1368]

Statutory Authority: MS s 14.388; 201.022; 201.221

History: 8 SR 1348; 20 SR 2787; 29 SR 155; 38 SR 1368

 

STATEWIDE REGISTRATION SYSTEM

8200.9305. Administration of Statewide Registration System.

The secretary of state shall develop and operate a centralized database of all registered voters in the state of Minnesota. The database must be available to each county in the state through a statewide registration system provided by the secretary of state. The registration system must allow the secretary of state and the county auditors to add or modify information from the system in order to maintain an accurate database of registrants. The system must provide all county auditors and the secretary of state and, within a reasonable time after the system is initially implemented, municipal and school district clerks, with a method to view and search registration information.

A county auditor must use the statewide registration system to execute the duties of chief registrar of voters and chief custodian of registration records in the auditor’s county.

Statutory Authority: MS s 14.388; 201.022; 201.221

History: 19 SR 593; 29 SR 155

 

8200.9310. Treatment of Voter Registration Applications.

Subpart 1. Transmission of voter registration applications. A completed voter registration application may be submitted to any state agency or county auditor. The secretary of state shall provide training to state agencies on the proper forwarding of voter registration applications. Voter registration applications submitted to the secretary of state must be forwarded to the appropriate county auditor for entry into the statewide registration system. With the approval of the appropriate county auditor, the secretary of state shall enter the registration applications into the statewide registration system for that county.

The secretary of state may electronically transmit the information on the voter registration applications to the appropriate county auditor. The county auditor shall promptly enter the information into the statewide registration system. The original applications submitted to the secretary of state must be maintained either by the secretary of state or by the appropriate county auditor. Voter registration applications must be stored in either paper, microfilm, or electronic format.

The secretary of state shall have full access to all functions of the statewide registration system.

Subp. 2. Verification; defined; notification.

A. Verification means:

(1) that the information provided by the applicant on the voter registration application for all of the following categories matches the information in the same categories of the database maintained by the Department of Public Safety or in the database of the Social Security Administration if the applicant has no driver’s license or identification card:

(a) name;

(b) date of birth;

(c) Minnesota driver’s license or Minnesota state identification card number; or

(d) last four digits of Social Security number, if the applicant has not been issued a Minnesota driver’s license or Minnesota state identification card.

If a voter has not been issued a Minnesota driver’s license, a Minnesota state identification card, or a Social Security number, and the voter has so indicated on the voter’s voter registration application, units (c) and (d) are inapplicable and the registration is verified; or

(2) that if after matching the information listed in subitem (1), even though the information may not be an exact match, the county auditor can still reasonably conclude that the information in the database of the Department of Public Safety, or in the database of the Social Security Administration if the applicant has no driver’s license or identification card, and the information provided by the applicant on the voter registration application, relate to the same person, in which case the county auditor shall note in the statewide registration system the basis for the conclusion.

B. The secretary of state must attempt to verify information entered into the voter registration system as a result of new voter registration applications by comparing the information stored by the voter registration system with information contained in the database maintained by the Department of Public Safety. The secretary of state must provide reports on attempted verifications that show the information of record in each database and that list:

(1) voter registration applications that match the information in the Department of Public Safety database or, in the case of an applicant who does not have a Minnesota driver’s license or Minnesota identification card in the database of the Social Security Administration, and that are therefore verified;

(2) voter registration applications that cannot be verified with certainty against the information in the Department of Public Safety database or, in the case of an applicant who does not have a Minnesota driver’s license or Minnesota identification card, in the database of the Social Security Administration. The report must match and contrast the information contained in the several databases; and

(3) voter registration applications with Minnesota drivers’ license numbers, Minnesota identification card numbers, or if the applicant has no driver’s license or identification card, the last four digits of the applicant’s Social Security number that do not match the numbers of record in the Department of Public Safety database or, in the case of an applicant who does not have a Minnesota driver’s license or Minnesota identification card, in the database of the Social Security Administration.

The reports prepared by the secretary of state must include a separate list of potential matches for incomplete mail-in registrations described in Minnesota Statutes, section 201.061, subdivision 1a.

C. The county auditor must review the reports provided by the secretary of state of records that have not been verified with certainty within ten days after the reports become available in the statewide voter registration system. The auditor must attempt to match the information on the voter registration application with the information in the database maintained by the Department of Public Safety or, in the case of an applicant who does not have a Minnesota driver’s license or Minnesota identification card, in the database of the Social Security Administration, to permit the auditor to verify the information supplied on the voter registration application. The auditor shall attempt to obtain from the applicant any needed information by mail or, if a telephone number or an e-mail address was provided by the applicant, by telephone or e-mail. The auditor must record on the voter record in the statewide voter registration system each registration verified in this manner.

If the auditor cannot verify information for a registration, the auditor must record that the information supplied on the voter registration application could not be verified and is incomplete pursuant to Minnesota Statutes, section 201.121, subdivision 1.

Subp. 3. Correction. If a Minnesota driver’s license number or Minnesota state identification card number supplied by the applicant cannot be verified because it does not exist in the Department of Public Safety database, the secretary of state or the county auditor shall correct the voter record to indicate that the number must not be used as the verification number on the voter record. In the case of an applicant who does not have a Minnesota driver’s license number, Minnesota identification card number, or Social Security number that can be verified by comparison with the Department of Public Safety database, or in the database of the Social Security Administration, if the applicant has no Minnesota driver’s license or Minnesota identification card, the unique voter record number generated by the statewide voter registration system must be used as the verification number for the record.

Subp. 4. [Repealed, 31 SR 350]

Subp. 5. Updates.

A. A voter with an active voter registration may change the information on record by submitting a voter registration application meeting all the requirements for a new voter registration application.

B. If, after matching the updated information with the information contained in the Department of Public Safety database or, in the case of an applicant who does not have a Minnesota driver’s license or Minnesota identification card, in the database of the Social Security Administration, the accuracy of the updated information cannot be verified, the county auditor must send a notice to the voter whose information cannot be verified and request that the voter provide the information or contact the registration office.

If the discrepancy cannot be resolved, the county auditor must challenge the voter in the statewide voter registration system and may refer the matter to the county attorney. If during the verification process the Department of Public Safety provides information that indicates that the voter is ineligible to vote, the county auditor must challenge the voter in the statewide voter registration system and refer the matter to the county attorney.

Statutory Authority: MS s 14.388; 201.022; 201.221

History: 19 SR 593; 29 SR 155; 31 SR 350

 

8200.9315. Procedure for Entering Data into Statewide Voter Registration System.

When entering information from a voter registration application into the statewide registration system, the secretary of state or county auditor shall:

A. conduct a statewide search of the registration database to determine if the applicant has previously registered in Minnesota;

B. assign the applicant to the proper voting precinct for the address provided on the application;

C. determine all election districts in which the applicant will be eligible to vote;

D. assign the registration record a unique identification number, and date the record as to when the registration was entered into the registration database;

E. maintain a record of voting history of the registrant for at least the previous six calendar years and a record of previous registrations and changes to voter status in the state for at least two years; and

F. provide information on prior registrations in other states. At periodic intervals, the secretary of state shall notify the chief election officials of other states of persons who have registered to vote in Minnesota and who indicated a prior registration in their state.

The secretary of state shall establish a precinct finder that must be maintained by each county auditor. The precinct finder must identify the voting precinct that will be assigned to the applicant. For the purposes of redistricting, the secretary of state shall include geographical data from the United States Census Bureau in the precinct finder.

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.221; 203B.09

History: 19 SR 593; 29 SR 155; 32 SR 2055

 

8200.9320. Interaction with Department of Public Safety.

The Secretary of State, in cooperation with the commissioner of public safety, shall develop a single unified application for use by the Department of Public Safety to permit eligible voters who have indicated they wish to register to vote to simultaneously register to vote and apply for a driver’s license or state identification card. The Secretary of State and the commissioner of public safety may access a common database of information entered from this application.

The information from the unified application for voter registration and a driver’s license or state identification card must be transferred electronically from the commissioner of public safety to the Secretary of State. The Secretary of State shall make available to each county auditor the data necessary to add or update a voter record on the statewide registration system. The county auditor shall process the data in the manner provided in part 8200.9315.

Statutory Authority: MS s 201.022; 201.221

History: 19 SR 593

 

8200.9325. Security for Statewide Registration System.

All authorized users of the statewide registration system must be identified uniquely in the manner provided by the Secretary of State. No access to the statewide registration system will be allowed to any person not identified as an authorized user of the system.

To ensure that information obtained from the statewide registration system is being used in the manner provided by law, the Secretary of State shall insert verification records into the statewide registration system. The verification records must not be included on any master list or polling place roster. If the Secretary of State has reason to believe that information obtained from the statewide registration system was used in a manner inconsistent with Minnesota Statutes, section 201.091, a report must be immediately transmitted to the appropriate county attorney.

Statutory Authority: MS s 201.022; 201.221

History: 19 SR 593

 

8200.9910. [Repealed, 20 SR 2787]

 

8200.9916. [Repealed, 12 SR 2215]

 

8200.9919. [Repealed, 20 SR 2787]

 

8200.9922. [Repealed, 12 SR 2215]

 

8200.9925. [Repealed, 12 SR 2215]

 

FORMS

8200.9939. Form of Oath, Specified by Part 8200.5100.

Use this form only if you are registering to vote with a voucher as your proof of residence.

I, (Name of Voucher) swear or affirm that (Check one):

( ) I am pre-registered to vote in this precinct

_____________________________Voter ID #______________________________
(to be completed by the election judge)

( ) I registered in this precinct today and did not have another person vouch for me

( ) I am an employee of a residential facility
__________________________________________________________________
(Name of residential facility)

Residential Address of Voucher or Address of Residential Facility
__________________________________________________________________
Street Address                                                                                                        City

Telephone number_____________________________________________________

E-mail address (optional)_________________________________________________

I personally know that__________________________________________________
(Name of person registering)
is a resident of this precinct.

__________________________________________________________________
Signature of Voucher

Election Judge Official Use Only:

Subscribed and sworn to before me

__/__/____         ___________________________________
Date                                           Signature of Election Judge

The above oath shall be attached to the voter registration card and retained for at least 22 months.

Statutory Authority: MS s 201.022; 201.061; 201.221; 203B.09.

History: 20 SR 2787; 32 SR 2055; 40 SR 1553; 43 SR 437

Editors’ Notes: The following portion of this part was vetoed by the governor at 32 SR 2060:
“( ) I am an employee of a residential facility
(Name of residential facility)
Residential Address of Voucher or Address of Residential Facility
Street Address City
Telephone number
E-mail address (optional)”

 

8200.9940. Precinct List of Persons Vouching for Voter Residence on Election Day and Number of Persons Vouched for.

Precinct List of Persons Vouching
City/Town_______________ Ward______________ Precinct___________

<<partial differential>> To be completed by election judges.

<<partial differential>> Use to track the number of people vouched for by each voucher.

<<partial differential>> Cross out the next number each time that person vouches for a registrant.

<<partial differential>> Employees of residential facilities may vouch for an unlimited number of facility residents who are registering to vote at the facility’s address. Otherwise, vouchers may only vouch for a maximum of eight registrants.

Voucher’s Name                      Voucher’s Voter ID No.              Number Vouched for on Election Day
Example: John Doe                1234567                                         1 2 3 4 5 6 7 8
1                                                                                                          1 2 3 4 5 6 7 8
2                                                                                                          1 2 3 4 5 6 7 8
3                                                                                                          1 2 3 4 5 6 7 8
4                                                                                                          1 2 3 4 5 6 7 8
5                                                                                                          1 2 3 4 5 6 7 8
6                                                                                                          1 2 3 4 5 6 7 8
7                                                                                                          1 2 3 4 5 6 7 8
8                                                                                                         1 2 3 4 5 6 7 8
9                                                                                                         1 2 3 4 5 6 7 8
10                                                                                                       1 2 3 4 5 6 7 8
11                                                                                                        1 2 3 4 5 6 7 8
12                                                                                                       1 2 3 4 5 6 7 8
13                                                                                                       1 2 3 4 5 6 7 8
14                                                                                                       1 2 3 4 5 6 7 8
15                                                                                                       1 2 3 4 5 6 7 8
16                                                                                                       1 2 3 4 5 6 7 8
17                                                                                                       1 2 3 4 5 6 7 8
18                                                                                                       1 2 3 4 5 6 7 8
19                                                                                                       1 2 3 4 5 6 7 8
20                                                                                                      1 2 3 4 5 6 7 8
21                                                                                                       1 2 3 4 5 6 7 8
22                                                                                                      1 2 3 4 5 6 7 8
23                                                                                                      1 2 3 4 5 6 7 8
24                                                                                                      1 2 3 4 5 6 7 8
25                                                                                                      1 2 3 4 5 6 7 8
26                                                                                                      1 2 3 4 5 6 7 8
27                                                                                                      1 2 3 4 5 6 7 8
28                                                                                                      1 2 3 4 5 6 7 8
29                                                                                                      1 2 3 4 5 6 7 8
30                                                                                                      1 2 3 4 5 6 7 8

Certified by the Head Election Judge of the Precinct:
_____________________________________________________
Printed Name                                              Signature                                          Date

Statutory Authority: MS s 201.061; 201.221; 203B.09

History: 32 SR 2055; 38 SR 1368

 

8200.9950. Challenges to Voter Registration, Specified by Part 8200.7100.

To the Auditor of County
County Courthouse

(County Seat), Minnesota
I, __________________________ (Name of person making challenge), am a registered voter in ______________________ County, Minnesota. I reside at ________________________ (Street or Route No.) _______________________ (City or Township).

I challenge the registration of ______________________ (Name of challenged voter) whose registration lists his or her residence as __________________________ (Street or Route No.) ________________________ (City or Township).

The grounds for my challenge are:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(attach additional sheets of signed statement if necessary).

__/__/__                                                          ______________________________
(Date)                                                                  (Signature of Challenger)

Statutory Authority: MS s 201.221

History: 17 SR 1279

 

8200.9953. [Repealed, 20 SR 2787]

 

8200.9960. CHALLENGES TO VOTER REGISTRATION, FORM TO BE USED UNDER MINNESOTA STATUTES, SECTION 204C.12, SUBDIVISION 2.

I,________________________________________ , do hereby state under oath,
Name of person making challenge

I am:
( ) an election judge.
( ) a challenger authorized by Minnesota Statutes, section 204C.07.
( ) a Minnesota voter.

I reside at__________________________, ______________________________,
Street Address                                                   City or Township

Telephone number:________________________

E-mail address (optional):____________________

I challenge the registration of ________________________________
Name of challenged voter
whose registration lists his or her residence as
_____________________________   _________________________________
Street Address                                                         City or Township

This challenge is based on my personal knowledge. The grounds for my challenge are:
____________________________________________________________________________________________________________________________________
(attach additional sheets of signed statement if necessary).

I swear or affirm that the information stated here is truthful.
__/__/____                         _______________________________
Date                                         Signature of Challenger

Signed and sworn to or affirmed before me
__/__/____                         _______________________________
Date                                         Signature of Election Judge

For Election Judge Use Only:

Challenge was administered by Election Judge: ______________________

Time: __________________________________________________

( ) Voter refused to take challenge oath.
( ) Challenge was dismissed: Voter passed challenge and voted.
( ) Challenge was sustained: Voter failed challenge and did not vote.

Additional Comments:

Statutory Authority: MS s 201.061; 201.221; 203B.09

History: 32 SR 2055

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CHAPTER 8205 – PETITIONS

8205.1000. [Repealed, 25 SR 616]

GENERAL REQUIREMENTS

8205.1010. Form of Petitions.

Subpart 1. Applicability. This part applies to any petition required for any election in this state, including nominating petitions, recall petitions, and proposed recall petitions.

Subp. 2. General form requirements. Petitions must be prepared in accordance with items A to I.

A. A petition must be prepared on paper no larger than 8-1/2 inches wide and 14 inches long. The signer’s oath and the signature lines must be on the same side of the paper.

B. The language on the petition must be printed in no smaller than 10-point type.

C. Each petition page must have a short title describing the purpose of the petition.

D. Each petition page must have a statement summarizing the purpose of the petition.

E. If the purpose of the petition is to put a question on the ballot, each petition page may have a statement of 75 words or less summarizing the ballot question.

F. Each petition page must have a signer’s oath in no smaller than 12-point bold type. If the form of the signer’s oath is not specified by statute, the following oath must be used: “I swear (or affirm) that I know the contents and purpose of this petition and that I signed this petition only once and of my own free will.”

G. Each petition page must include the following statement immediately above the signature lines: “All information must be filled in by person(s) signing the petition unless disability prevents the person(s) from doing so.”

H. Each petition page must have no more than ten signature lines. The signature lines must be consecutively numbered. Each signature line must have space for the date of signature; a signature; and each signatory’s year of birth; printed first, middle, and last name; and residence address, municipality, and county.

I. Each petition page must include the following statement: “All information on this petition is subject to public inspection.”

Statutory Authority: MS s 204B.071; 211C.03; 211C.04; 211C.06

History: 25 SR 616; 34 SR 1561

 

8205.1020. Circulating Petitions.

Subpart 1. Applicability. This part applies to any petition required for any election in this state, including nominating petitions, recall petitions, and proposed recall petitions.

Subp. 2. Photocopies. Petitioners may circulate photocopies of a sample petition page.

Statutory Authority: MS s 204B.071; 211C.03; 211C.04; 211C.06

History: 25 SR 616

 

8205.1030. Signing Petitions.

Subpart 1. Applicability. This part applies to any petition required for any election in this state, including nominating petitions, recall petitions, and proposed recall petitions.

Subp. 2. Required information. The person signing the petition shall complete the signature date, name, year of birth, and residence address lines on the petition.

Subp. 3. Signing by disabled person. A person physically unable to complete the petition may ask another for assistance.

Subp. 4. Signing only once. A person may sign a petition only once.

Statutory Authority: MS s 204B.071; 211C.03; 211C.04; 211C.06

History: 25 SR 616

 

8205.1040. Filing Petitions.

Subpart 1. Applicability. This part applies to any petition required for any election or recall in this state.

Subp. 2. Definition of filing officer. As used in this part and part 8205.1050, “filing officer” means:

A. in the case of a petition for a county office or county question, the county auditor;

B. in the case of a petition for a federal office, the secretary of state;

C. in the case of a state office, the filing officer who receives the affidavit for filing under Minnesota Statutes, section 204B.09, subdivision 1, paragraph (d);

D. in the case of a petition for a municipal office or municipal question, the municipal clerk;

E. in the case of a petition for a school district office or school district question, the school district clerk;

F. in the case of a petition for a special district office or special district question, the special district clerk;

G. in the case of a recall petition or a proposed recall petition filed under Minnesota Statutes, chapter 211C, the secretary of state;

H. in the case of a removal petition filed under Minnesota Statutes, section 351.16, the county auditor; or

I. in the case of a recall petition or a proposed recall petition filed pursuant to a municipal charter or ordinance, the municipal clerk.

Subp. 3. Filing procedures. The person filing the petition must submit the entire petition at one time to the filing officer. The petitioners may submit the petition by mail, messenger, or similar delivery service. Filing of a petition is effective upon receipt by the filing officer. Petition pages must not be altered by anyone except the filing officer for verification purposes after the petition has been filed.

Subp. 4. Receipt. The filing officer must provide the person filing the petition with a receipt for the petition. The receipt must include the type of petition filed; the name, address, and telephone number of the person submitting the petition; the date on which the petition was filed; and the total number of pages in the petition submitted.

Statutory Authority: MS s 204B.071; 211C.03; 211C.04; 211C.06

History: 25 SR 616; 34 SR 1561

 

8205.1050. Verifying Petitions.

Subpart 1. Applicability. This part does not apply to proposed recall and recall petitions. The verification processes for proposed recall and recall petitions are located in parts 8205.2010 and 8205.2120. This part does not apply to statewide Major Political Party Recognition Petitions or statewide Minor Political Party Recognition Petitions. The verification processes for Major Political Party Recognition Petitions and Minor Political Party Recognition Petitions are located in parts 8205.3000 and 8205.3200.

Subp. 2. Verifying petitions. The filing officer shall verify each petition using the method in items A to C.

A. The filing officer shall inspect the form of the petition to determine whether it complies with part 8205.1010. The filing officer need only determine substantial compliance with regard to any type size on the form.

B. The filing officer shall inspect the petition to determine whether it has been signed by the required number of signatories and whether the signatories meet the applicable eligibility requirements.

If the petition has not been signed by the required number of qualified signatories, the filing officer must notify the person who filed the petition:

(1) that the petition has not been signed by the required number of signatories; and

(2) of the number of additional signatures needed.

If the time for circulating the petition has not expired, the petitioners may collect additional signatures and submit them at one time to the filing officer before the circulation period expires.

C. If the petition satisfies the form requirements in part 8205.1010 and has been signed by the required number of qualified signatories during the applicable time period, the filing officer shall notify the person whose name is on the petition receipt that the petition is sufficient.

Subp. 3. Time for verification. The filing officer shall complete the verification of a petition as soon as practicable but no later than ten working days after the day on which the petition was filed.

Statutory Authority: MS s 204B.071

History: 25 SR 616; 34 SR 1561; 38 SR 1368; 43 SR 437

 

RECALL PETITIONS

8205.2000. Form of Proposed Recall Petition.

Subpart 1. Applicability of other rules. A proposed recall petition must comply with parts 8205.1010 to 8205.1040.

Subp. 1a. Form of proposed recall petition. Proposed recall petitions must be prepared in accordance with items A to C.

A. The words “PROPOSED RECALL PETITION” must be printed at the top of each page of the petition.

B. Each page of the proposed petition must include the following information:

(1) the information required by Minnesota Statutes, section 211C.03; and

(2) an oath in the following form: “I solemnly swear (or affirm) that I am an eligible voter residing in the district where the state officer serves or, in the case of a statewide officer, in the state; I know the purpose and content of the petition; and I signed the petition only once and of my own free will.”

C. Separate petitions must be used to propose the recall of more than one state officer.

D. The secretary of state shall provide sample proposed recall petition pages.

Subp. 2. [Repealed, 25 SR 616]

Subp. 3. Submitting the proposed recall petition. The proposed recall petition must be submitted to the secretary of state.

The persons submitting the proposed recall petition also shall submit a written statement designating no more than three consenting signatories of the petition who will represent all petitioners in all matters relating to the recall. The secretary shall provide sample written statements.

The petition must be accompanied by a fee of $100. If the filing fee is paid with a check, draft, or similar negotiable instrument for which sufficient funds are not available or that is dishonored, the secretary of state shall send notice of the worthless instrument to the petitioners via registered mail with return receipt requested. The petitioners have five days from the time the secretary receives proof of receipt to provide the secretary of state with sufficient funds. If adequate payment is not made, the secretary of state shall dismiss the proposed petition.

Subp. 4. Receipt of proposed recall petition. The receipt must include the name of the state officer who is the subject of the proposed petition.

Statutory Authority: MS s 204B.071; 207A.09; 211C.03; 211C.04; 211C.06

History: 22 SR 1713; 25 SR 616

 

8205.2010. Verifying the Proposed Recall Petition.

Subpart 1. Verifying the proposed recall petition. The secretary of state shall inspect the form of each proposed recall petition to determine whether it complies with the requirements in parts 8205.1010 and 8205.2000, subpart 1. The secretary of state need only determine substantial compliance with regard to any type size on the form. The secretary of state shall inspect each proposed recall petition to determine whether it has been signed by at least 25 persons eligible to vote in the district where the state officer subject to the proposed recall petition serves or, in the case of a statewide officer, within the state. The secretary of state shall verify that the address given by each signatory is in the district served by the state officer subject to the proposed recall petition and that the birth date given by each signatory establishes that the signatory was at least 18 years old when the petition was signed.

If the secretary of state determines that less than 25 eligible voters have signed a proposed recall petition, the secretary of state shall immediately dismiss the petition and send written notice to the person submitting the petition.

If the secretary of state determines that the proposed recall petition is sufficient, the secretary shall immediately send written notice to the state officer subject to the proposed recall petition and the petitioners and shall forward the proposed petition to the clerk of the appellate courts.

Subp. 2. Time for verification. The secretary of state shall complete the verification of a proposed recall petition no later than three working days after the day on which the petition was filed.

Statutory Authority: MS s 204B.071; 207A.09; 211C.03; 211C.04; 211C.06

History: 22 SR 1713; 25 SR 616; 34 SR 1561

 

8205.2100. Issuing the Recall Petition.

Subpart 1. Secretary of state’s duties. When the secretary of state receives a recall order from the supreme court, the secretary shall provide the petitioners with:

A. a sample recall petition page that includes the statement of facts and grounds for recall ordered by the supreme court;

B. the number of signatures needed for the petition to be valid; and

C. the date by which the petition must be filed with the secretary of state to meet the filing deadline.

Subp. 2. [Repealed, 25 SR 616]

Statutory Authority: MS s 204B.071; 207A.09; 211C.03; 211C.04; 211C.06

History: 22 SR 1713; 25 SR 616

 

8205.2110. Form of Recall Petition.

Subpart 1. Applicability of other rules. A recall petition must comply with parts 8205.1010 to 8205.1040.

Subp. 1a. Form of recall petition. Recall petitions must be prepared in accordance with items A and B.

A. The words “RECALL PETITION” must be printed at the top of each page of the petition.

B. Each page in the petition must include the following information:

(1) the information required by Minnesota Statutes, section 211C.03; and

(2) an oath in the following form: “I solemnly swear (or affirm) that I am an eligible voter residing in the district where the state officer serves or, in the case of a statewide officer, in the state; I know the purpose and content of the petition; and I signed the petition only once and of my own free will.”

C. A separate petition must be used for the recall of each state officer.

Subp. 2. [Repealed, 25 SR 616]

Subp. 3. Submitting the petition. The completed petition must be filed with the secretary of state.

Subp. 4. Receipt of recall petition. The receipt must include the name of the state officer who is the subject of the petition.

Statutory Authority: MS s 204B.071; 207A.09; 211C.03; 211C.04; 211C.06

History: 22 SR 1713; 25 SR 616

 

8205.2120. Verifying the Recall Petition.

Subpart 1. Verifying the recall petition. The secretary of state shall verify each recall petition by the following method.

A. The secretary of state shall inspect the form of the recall petition to determine whether it complies with the requirements in parts 8205.1010 and 8205.2110, subpart 1.

B. The secretary of state shall inspect each petition to determine whether it was filed within 90 days after the date of issuance. If the secretary of state determines that the petition was not filed within 90 days after the date of issuance, the secretary shall dismiss the petition and notify the petitioners of the reason for dismissal.

C. The secretary of state shall inspect each petition to determine whether it has been signed by a number of persons eligible to vote in the district served by the state officer subject to the recall petition that is equal to at least 25 percent of the number of votes cast at the most recent general election for the office held by the state officer subject to the recall petition. If the petition has not been signed by the required number of eligible voters and the 90-day time limit has expired during the verification process, the secretary shall dismiss the petition and notify the petitioners of the reason for the dismissal. If the petition has not been signed by the required number of eligible voters but the 90-day time limit has not expired, the secretary shall notify the petitioners:

(1) that the petition has not been signed by the required number of voters;

(2) of the number of additional signatures needed;

(3) that the 90-day time limit has not expired;

(4) of the number of days left in the 90-day time limit; and

(5) that the petitioners may provide the secretary with the required number of additional signatures before the 90-day time limit expires.

If the petitioners do not provide the necessary number of additional signatures during the 90-day time limit, the secretary shall dismiss the petition and notify the petitioners. If the petitioners provide the necessary number of required signatures within the 90-day time limit, the secretary shall continue the verification process.

D. The secretary of state shall use a random sampling technique to verify that the persons signing the petition are eligible voters.

(1) If a member of the house of representatives or senate is the subject of the recall petition, the sample size must be 650 signatures.

(2) If the governor, lieutenant governor, secretary of state, state auditor, or attorney general, or a supreme court, court of appeals, or district court judge is the subject of the recall petition, the sample size must be 2,000 signatures.

(3) The secretary shall consecutively number every completed signature line on the petition. The signature lines on the petition that correspond to the random numbers generated constitute the sample for the verification process.

(4) The secretary of state shall verify that the address given by each signatory in the sample is in the district served by the state officer subject to the recall petition and that the birth date given by each signatory in the sample establishes that the signatory was at least 18 years old when the petition was signed. Signatures from persons determined by the secretary to be ineligible to vote must not be counted.

(5) The secretary shall determine what percentage of the signatories in the sample are eligible voters.

(6) The secretary shall multiply the total number of petition signatories by the percentage of signatories determined to be eligible voters in the sample to determine how many of the signatories on the petition are deemed to be eligible voters.

(7) If the statistical sampling shows the number of signatories deemed to be eligible voters is less than 100 percent of the required number and the 90-day time limit has expired during the verification process, the secretary shall dismiss the petition and notify the petitioners of the reasons for the dismissal.

(8) If the statistical sampling shows the number of signatories deemed to be eligible voters is less than 100 percent of the required number but the 90-day time limit has not expired during the verification process, the secretary shall notify the petitioners:

(a) that the petition has not been signed by the required number of eligible voters;

(b) of the number of additional signatures needed;

(c) that the 90-day time limit has not expired;

(d) of the number of days left in the 90-day time limit; and

(e) that the petitioners may provide the secretary with the required number of additional signatures before the 90-day time limit expires.

If the petitioners do not provide the secretary with additional signatures during the 90-day time limit, the secretary shall dismiss the petition and notify the petitioners. If the petitioners provide the secretary with additional signatures, the secretary shall reverify the petition using the procedure described in subpart 1.

E. If the secretary of state determines that the petition satisfies the form requirements in parts 8205.1010 and 8205.2110, subpart 1, the petition has been filed within the 90-day time limit, that the petition has been signed by the required number of signatories, and that the statistical sampling shows the number of signatories who are eligible voters is 100 percent or greater of the required number, the secretary shall certify the petition and immediately send written notice to the governor, the petitioners, and the state officer subject to the petition.

Subp. 2. Time for verification. The secretary of state shall complete the verification of a petition no later than ten working days after the day on which the petition was filed.

Statutory Authority: MS s 204B.071; 207A.09; 211C.03; 211C.04; 211C.06

History: 22 SR 1713; 25 SR 616; L 2003 c 112 art 2 s 50

 

MAJOR AND MINOR POLITICAL PARTY RECOGNITION PETITIONS

8205.3000. Form of Major and Minor Political Party Recognition Petition.

Subpart 1. Applicability of other rules. A major or minor political party recognition petition must comply with parts 8205.1010 to 8205.1040.

Subp. 2. Form of Major Political Party Recognition Petition. Major Political Party Recognition Petitions must be prepared in accordance with items A and B.

A. The words “MAJOR POLITICAL PARTY RECOGNITION PETITION” must be printed at the top of each page of the petition.

B. Each page in the petition must include the following information:

(1) An affirmation that each signatory:

(a) supports the general principles of that party’s constitution;

(b) voted for a majority of that party’s candidates in the last general election; or

(c) intends to vote for a majority of that party’s candidates in the next general election.

(2) An oath in the following form: “I solemnly swear (or affirm) that I know the purpose and content of the petition; and I signed the petition only once and of my own free will.”

C. A separate petition must be used for each prospective major political party.

Subp. 3. Form of the Minor Political Party Recognition Petition. A Minor Political Party Recognition Petition must be prepared in accordance with items A and B.

A. The words “MINOR POLITICAL PARTY RECOGNITION PETITION” must be printed at the top of each page of the petition.

B. An oath in the following form: “I solemnly swear (or affirm) that I am a member of the __________ party; I know the purpose and content of the petition; and I signed the petition only once and of my own free will.”

C. A separate petition must be used for each prospective minor political party.

Subp. 4. Filing. Prior to filing the petition, the party must ensure the signatures are consecutively numbered. The completed petition must be filed with the secretary of state. Upon filing the petition the prospective major or minor political party must provide the name, address, and telephone number of a contact person.

Statutory Authority: MS s 204B.071

History: 38 SR 1368

 

8205.3200. Verifying Statewide Major Political Party Recognition Petition and Statewide Minor Political Party Recognition Petition.

Subpart 1. Verifying the statewide political party recognition petitions. The secretary of state shall verify each statewide Major Political Party Recognition Petition and each statewide Minor Political Party Recognition Petition by the following method.

A. The secretary of state shall determine whether the petition was filed before the close of the filing period for state and federal offices. If the secretary of state determines that the petition was not filed before the close of filing for state and federal offices, the secretary of state shall dismiss the petition and notify the petitioners of the reason for dismissal.

B. The secretary of state shall inspect the form of the major or minor political party recognition petition to determine whether or not it complies with requirements in parts 8205.1010 to 8205.1040 and 8205.3000.

C. The secretary of state shall inspect each petition to determine whether or not it has been signed by a number of eligible persons equal to at least:

(1) five percent of the total number of individuals who voted in the preceding state general election for qualification as a major political party; or

(2) one percent of the total number of individuals who voted in the preceding state general election for qualification as a minor political party.

If the petition has not been signed by the required number of eligible persons and the filing deadline has passed during the verification process, the secretary of state shall dismiss the petition and notify the petitioners of the reason for dismissal. If the petition has not been signed by the required number of eligible persons but the filing deadline has not passed, the secretary of state shall notify the petitioners:

(a) that the petition has not been signed by the required number of eligible persons;

(b) of the number of additional signatures needed;

(c) that the filing deadline has not yet passed;

(d) of the date of the filing deadline; and

(e) that the petitioners may provide the secretary of state with the required number of additional signatures before the close of the filing period.

If the petitioners do not provide the necessary number of additional signatures before the end of the filing period, the secretary of state shall dismiss the petition and notify the petitioners. If the petitioners provide the necessary number of required signatures before the close of the filing period, the secretary of state shall continue the verification process.

D. The secretary of state shall use a random sampling technique to verify that the persons signing the petition are eligible persons.

(1) The sample size must be 2,000 signatures for a statewide political party recognition petition.

(2) The secretary of state shall consecutively number every completed signature line on the petition. The signature lines on the petition that correspond to the random number generated constitute the sample for the verification process.

(3) The secretary of state shall verify that the address given by each signatory in the sample is in the state of Minnesota and that the birth date given by each signatory in the sample establishes that the signatory was eligible to sign the petition. The secretary of state must also determine that the signatory signed the petition not more than one year prior to filing of the petition. Signatures from persons determined by the secretary of state to be ineligible to vote must not be counted.

(4) The secretary of state shall determine what percentage of the signatories in the sample are eligible persons.

(5) The secretary shall multiply the total number of petition signatories by the percentage of signatories determined to be eligible persons in the sample to determine how many of the signatories on the petition are deemed to be eligible persons.

(6) If the statistical sampling shows the number of signatories deemed to be eligible persons is less than 100 percent of the required number and the filing deadline has passed during the verification process, the secretary of state shall dismiss the petition and notify the petitioners of the reasons for the dismissal.

(7) If the statistical sampling shows the number of signatories deemed to be eligible persons is less than 100 percent of the required number but the filing deadline has not passed during the verification process, the secretary of state shall notify the petitioners:

(a) that the petition has not been signed by the required number of eligible persons;

(b) of the number of additional signatures needed;

(c) that the filing period has not expired;

(d) of the date on which the filing period expires; and

(e) that the petitioners may provide the secretary of state with the required number of additional signatures before the filing deadline.

If the petitioners do not provide the secretary of state with additional signatures before the end of the filing period, the secretary of state shall dismiss the petition and notify the petitioners. If the petitioners provide the secretary of state with additional signatures, the secretary of state shall reverify the petition using the procedure described in this subpart.

E. If the secretary of state determines that the petition satisfies the form requirements in parts 8205.1010 and 8205.3000, that the petition has been filed prior to the close of the filing deadline for state and federal candidates, that the petition has been signed by the required number of signatories, and that the statistical sampling shows the number of signatories who are eligible persons is 100 percent or greater of the required number, the secretary of state shall certify the petition and immediately send written notice to the petitioners, the commissioner of the Minnesota Department of Revenue, and the executive director of the Campaign Finance and Public Disclosure Board.

Subp. 2. Time for verification. The secretary of state shall complete the verification of a petition no later than ten working days after the day on which the petition was filed.

Statutory Authority: MS s 204B.071

History: 38 SR 1368; 40 SR 1553

Return to Top

CHAPTER 8210 – ABSENTEE BALLOTS

ABSENTEE BALLOT MATERIALS; INSTRUCTIONS

8210.0050. Absentee or Mail Ballot Materials.

All materials mailed in connection with absentee or mail voting shall bear the official United States Postal Service Election Mail insignia.

All envelopes used in connection with absentee or mail voting shall also bear a legend indicating the ballot category enclosed, in no smaller than 8-point type. The categories are:

A. registered;

B. nonregistered;

C. registered (agent delivery);

D. nonregistered (agent delivery);

E. military/overseas;

F. presidential only; and

G. mail.

Statutory Authority: MS s 14.388; 201.061; 201.221; 203B.09

History: 29 SR 155; 32 SR 2055

 

8210.0100. Presidential Absentee Ballots.

Subpart 1. Procedure for voting. A person who is qualified under United States Code, title 42, section 1973aa-1, to vote for the offices of president and vice-president or for electors for president and vice-president may vote by absentee ballot or in person at the auditor’s office in the county where the person formerly resided. The certificate of eligibility on the back of the absentee ballot return envelope must be printed in the form shown in subpart 2.

Subp. 2. Form of certificate of eligibility.

Signature Envelope
Voter must complete this section                                 please print clearly
Voter name ______________________________________________
Voter former address in MN _________________________________
___________________________________________ MN
ID number
(MN driver’s license #,
MN ID card #,
or last four digits of SSN) ______________________________________
() I do not have a MN-issued driver’s license, MN-issued ID card, or Social Security number.

Current phone number (optional): __________________________
Current email address (optional): ___________________________

I certify that I

• will be at least 18 years old on election day;
• am a citizen of the United States;
• am not under guardianship of the person in which the court order revokes my right to vote;
• have not been found by a court to be legally incompetent to vote;
• have the right to vote because, if convicted of a felony, my felony sentence has expired (been completed) or I have been discharged from my sentence;
• previously lived in Minnesota at the address printed above;
• moved from Minnesota to another state within 30 days of the election; and
• am not eligible to vote in the state in which I now live.

Voter Signature X __________________________________

Statutory Authority: MS s 14.388; 201.061; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.45

History: 23 SR 459; 29 SR 155; 31 SR 350; 32 SR 2055; 34 SR 1561; 36 SR 1407

 

8210.0200. Permanent Absentee Ballot Application.

Subpart 1. [Repealed, 32 SR 2055]

Subp. 1a. [Repealed, 32 SR 2055]

Subp. 1b. [Repealed, 29 SR 155]

Subp. 1c. [Repealed, 32 SR 2055]

Subp. 1d. [Repealed, 32 SR 2055]

Subp. 1e. [Repealed, 25 SR 616]

Subp. 1f. [Repealed, 25 SR 616]

Subp. 2. [Repealed, 32 SR 2055]

Subp. 3. [Repealed, 34 SR 1561]

Subp. 4. Permanent application. An eligible voter under Minnesota Statutes, section 203B.04, subdivision 5, may apply to the county auditor or municipal clerk to automatically receive an absentee ballot application for each election in which the voter is eligible to vote. The county auditor shall make available the form provided by the secretary of state for this purpose. The voter shall complete the form and return it to the county auditor or municipal clerk. A municipal clerk who receives a completed application shall forward it to the county auditor immediately. The voter’s permanent application status must be indicated and permanently maintained on the voter’s registration record on the statewide voter registration system.

The county auditor shall maintain a list of voters who have applied to automatically receive an absentee ballot application. At least 60 days before each election, the county auditor or municipal clerk shall send an absentee ballot application to each person on the list who is eligible to vote in the election.

Subp. 4a. [Repealed, 32 SR 2055]

Subp. 5. [Repealed, 25 SR 616]

Subp. 6. [Repealed, 32 SR 2055]

Statutory Authority: MS s 14.388; 201.061; 201.221; 203B.04; 203B.08; 203B.09; 203B.125

History: 10 SR 1690; 13 SR 259; 15 SR 1641; 17 SR 8; 20 SR 2787; 23 SR 459; 25 SR 616; 29 SR 155; 32 SR 2055; 34 SR 1561; 38 SR 1368

 

8210.0225. Applications from Challenged Voters.

A voter registration application must be sent with the ballot to any challenged voter and to each voter whose voter registration application is incomplete under Minnesota Statutes, section 201.061, subdivision 1a, or 201.121, who applies for an absentee ballot. The absentee ballot process must be administered as if the voter was not registered to vote.

Statutory Authority: MS s 14.388; 203B.04; 203B.08; 203B.09; 203B.125

History: 23 SR 459; 29 SR 155

 

8210.0250. [Repealed, 25 SR 616]

 

8210.0300. Ballot Envelope.

The ballot envelope shall be printed in the following manner.

The envelope shall be tan in color with black ink. The envelope shall be of a size to fit inside the absentee ballot return envelope. The words “Ballot Envelope” and “Use this envelope first to keep your ballot secret. Put only your ballot in this envelope and seal it.” shall be printed on the front of the envelope.

Statutory Authority: MS s 203B.08; 203B.09; 203B.125; 203B.14

History: 8 SR 1348; 17 SR 351; 34 SR 1561

 

8210.0400. Transmittal Envelope.

A telephone number and an electronic mail address that voters can call or contact for help in absentee voting must be printed as part of the return address on the envelope in which the absentee balloting materials are transmitted to the voter or as part of the cover letter to voters, for those voters to whom ballots are transmitted electronically. The envelope in which the absentee balloting materials are transmitted to the voter must have the following printed on it: “Read and follow the enclosed instruction sheet to help ensure that your vote will count.”

Statutory Authority: MS s 203B.08; 203B.09; 203B.125; 204B.45

History: 36 SR 1407

 

8210.0500. Instructions to Absent Voter.

Subpart 1. Required instructions. Instructions to the absent voter shall be transmitted with the absentee ballot materials sent or delivered to the absent voter. The instructions shall be in the form in subparts 2, 3, or 4 or 5 and 6. The instruction headings with numbers must be in no smaller than 12-point type and the rest of the text must be in no smaller than 10-point type, except for the confidentiality notice, which may be in 7-point type. The instructions must explain how to correctly mark the ballot. The instructions must inform the voter of the effect of casting multiple votes for an office and, in the case of a partisan primary, the effect of voting for candidates of more than one party. The instructions must include information on how to correct a ballot before it is cast and counted, including instructions on how to request a replacement ballot if the voter is unable to change the ballot or correct an error. The instructions must include a graphic depiction of the absentee ballot materials and how they are to be completed and assembled by the voter. The instructions must also include a privacy notice that complies with Minnesota Statutes, section 13.04. The secretary of state must provide each county auditor with sample instructions with graphic depictions.

Subp. 2. Instructions for registered voters.

Instructions
How to vote by absentee ballot
for registered voters
You will need:

• Ballot*
• Tan ballot envelope*
• White signature envelope*
• Larger white return envelope*
• Pen with black ink
• Your ID number
  • Minnesota driver’s license number, Minnesota ID card number, or the last four digits of your Social Security number.
  • See below if you do not have any of these numbers.
• Witness
  • Anyone registered to vote in Minnesota, including your spouse or relative, or a notary public, or a person with the authority to administer oaths
•  * If any of these items are missing, please contact your local election official.

1 Vote!

• Show your witness your blank ballot, then mark your votes in private.
• Follow the instructions on the ballot.
• Do not write your name or ID number anywhere on the ballot.
• Do not vote for more candidates than allowed. If you do, your votes for that office will not count.

See the other side if you make a mistake on your ballot.

2 Seal your ballot in the tan ballot envelope

• Do not write on this envelope.

3 Put the tan ballot envelope into the white signature envelope

4 Fill out the white signature envelope completely

• If there is no label, print your name and Minnesota address.
• Print your Minnesota driver’s license number, Minnesota ID card number, or the last four digits of your Social Security number.
  • Be sure to use one of the same numbers that you provided on your absentee ballot application.
  • If you do not have any of these numbers, check the box.
• Read and sign the oath.
• Ask your witness to print their name and Minnesota street address, including city (not a P. O. Box), and sign their name.
  • If your witness is an official or notary, they must print their title instead of an address.
  • Notaries must also affix their stamp.
•  Seal the envelope.

5 Put the signature envelope into the larger white return envelope to protect your private information from view

• Seal the envelope.

6 Return your ballot by Election Day to the address on the return envelope

Ballots may not be delivered to your polling place
You have three options:

• Send it so it arrives by Election Day, using U.S. mail or a package delivery service,
• Deliver it in person before election day or by 3:00 p.m. on Election Day, or
• Ask someone to deliver it by 3:00 p.m. on Election Day.
  • This person cannot deliver more than 3 ballots.

See the other side for special instructions if you have a disability.
To check the status of your absentee ballot, visit www.mnvotes.org.
Correcting a mistake

• If time allows, ask for a new ballot from your election office. Contact your election office at [e-mail] or [phone number], or
• Completely cross out the name of the candidate you accidentally marked and then mark your ballot for the candidate you prefer (do not initial your corrections).

If you have a disability:

If you have a disability or cannot mark your ballot, your witness may assist you by marking your ballot at your direction, assembling the materials, and filling out the forms for you.

When signing the envelope, Minnesota law says you may:

• Sign the return envelope yourself, or
• Make your mark, or
• Ask your witness to sign for you in your presence. (Have the witness sign their own name as well.)
• If you have adopted the use of a signature stamp for all purposes of signature, you may use your signature stamp or ask your witness to use your signature stamp in your presence.
  Minnesota Statutes, section 645.44, subdivision 14

Please note: Voting is not covered by power of attorney. A person with power of attorney may only sign for you in your presence, as outlined above.

Subp. 3. Instructions for unregistered voters.

Instructions
How to vote by absentee ballot
You will need:

• Ballot*
• Tan ballot envelope*
• Voter registration application*
• White signature envelope*
• Larger white return envelope*
• Pen with black ink
• Minnesota driver’s license with your address
  • or other authorized proof of where you live.
  • See other side for a list of options
• Your ID number
  • Minnesota driver’s license number, Minnesota ID card number, or the last four digits of your Social Security number.
  • See below if you do not have any of these numbers.
• Witness
  • Anyone registered to vote in Minnesota, including your spouse or relative, or a notary public, or a person with the authority to administer oaths
• * If any of these items are missing, please contact your local election official.

Important: You must submit the voter registration application with your ballot (in the white signature envelope) for your vote to be counted.

1 Fill out the voter registration application and sign it

• Show your witness your driver’s license or other authorized proof of where you live.
  • See the other side for a list of options.

2 Vote!

• Show your witness your blank ballot, then mark your votes in private.
• Follow the instructions on the ballot.
• Do not write your name or ID number anywhere on the ballot.
• Do not vote for more candidates than allowed. If you do, your votes for that office will not count.
  • See the other side if you make a mistake on your ballot.

3 Seal your ballot in the tan ballot envelope

• Do not write on this envelope.

4 Put the tan ballot envelope and the voter registration application in the white signature envelope

5 Fill out the white signature envelope completely

• If there is no label, print your name and Minnesota address.
• Print your Minnesota driver’s license number, Minnesota ID card number, or the last four digits of your Social Security number.
  • Be sure to use one of the same numbers that you provided on your absentee ballot application.
  • If you do not have any of these numbers, check the box.
• Read and sign the oath.
• Ask your witness to print their name and Minnesota street address, including city (not a P. O. Box), indicate which proof you showed them, and sign their name.
  • If your witness is an official or notary, they must print their title instead of an address.
  • Notaries must also affix their stamp.
• Seal the envelope.

6 Put the signature envelope into the larger white return envelope to protect your private information from view

• Seal the envelope.

7 Return your ballot by Election Day to the address on the return envelope

Ballots may not be delivered to your polling place
You have three options:

• Send it so it arrives by Election Day, using U.S. mail or a package delivery service,
• Deliver it in person before election day or by 3:00 p.m. on Election Day, or
• Ask someone to deliver it by 3:00 p.m. on Election Day.
  • This person cannot deliver more than 3 ballots.

To check the status of your absentee ballot, visit www.mnvotes.org.

Options for proof of where you live

A valid Minnesota driver’s license, Minnesota ID card, or permit with your current address

or

A photo ID that does not have your current address along with a document that has your current address

• Eligible photo IDs: Minnesota or another state’s driver’s license, learner’s permit, or ID card; U.S. passport; U.S. military or veteran ID card; Minnesota high school/college/university ID card; or tribal ID card with your signature, from a tribe recognized by the Bureau of Indian Affairs (BIA).
• Eligible documents with your current address: an original bill, including account statements and start-of-service notifications, dated within 30 days before or with a due date 30 days before or after the election; a current student fee statement; or a residential lease if valid through election day. Eligible bills are: gas, electric, solid waste, water, sewer, phone, cell phone, television, Internet provider, credit card, or banking services; or bills for rent or mortgage payments.

or one of the following:

• A yellow receipt for a valid Minnesota driver’s license, Minnesota ID card, or permit with your current address
• Vouching: the signature of a registered voter who lives in your precinct and personally knows that you live in the precinct. If your witness is registered to vote in this precinct, your witness may vouch for you. This person must complete and sign the voucher form on the back of the voter registration application.
• A tribal ID card with your name, address, signature, and picture, from a tribe recognized by the BIA
• A “Notice of Late Registration” if you received one from the county auditor or city clerk
• If you have moved within your precinct or changed your name, a current registration in the precinct
• Vouching for residents of certain residential facilities: the signature of an employee of your residential facility, including nursing homes, group homes, battered women’s shelters, homeless shelters, etc. If you are not sure if the residential facility where you live is eligible, call your local election official. The employee must complete and sign the voucher form on the back of the voter registration application.

Correcting a mistake

• If time allows, ask for a new ballot from your election office. Contact your election office at [e-mail] or [phone number], or
• Completely cross out the name of the candidate you accidentally marked and then mark your ballot for the candidate you prefer (do not initial your corrections).

If you have a disability:

If you have a disability or cannot mark your ballot, your witness may assist you by marking your ballot at your direction, assembling the materials, and filling out the forms for you.

When signing the envelope, Minnesota law says you may:

• Sign the return envelope yourself, or
• Make your mark, or
• Ask your witness to sign for you in your presence. (Have the witness sign their own name as well.)
• If you have adopted the use of a signature stamp for all purposes of signature, you may use your signature stamp or ask your witness to use your signature stamp in your presence.
  Minnesota Statutes, section 645.44, subdivision 14

Please note: Voting is not covered by power of attorney. A person with power of attorney may only sign for you in your presence, as outlined above.

Subp. 4. Instructions for military and overseas voters transmitted ballots by mail.

Instructions
How to vote by absentee ballot for military and overseas voters
You will need:

• Ballot*
• Tan ballot envelope*
• White signature envelope*
• Larger white return envelope*
• Pen with black ink
• Your ID number
  • Minnesota driver’s license number, Minnesota ID card number, U.S. passport number, or the last four digits of your Social Security number.
  • See below if you do not have any of these numbers.
•  * If any of these items are missing, please contact your local election official.

1 Vote!

• Mark your votes in private.
• Follow the instructions on the ballot.
• Do not write your name or ID number anywhere on the ballot.
• Do not vote for more candidates than allowed. If you do, your votes for that office will not count.
• See the other side if you make a mistake on your ballot.

2 Seal your ballot in the tan ballot envelope

• Do not write on this envelope.

3 Put the tan ballot envelope into the white signature envelope

4 Fill out the white signature envelope completely

• If there is no label, print your name and Minnesota address (present or last).
• Print your e-mail address and phone number (optional).
• Print your Minnesota driver’s license number, Minnesota ID card number, passport number, or the last four digits of your Social Security number.
  • Be sure to use one of the same numbers that you provided on your absentee ballot application.
  • If you do not have access to any of these documents, leave this space blank.
•  Read and sign the oath.
• Seal the envelope.

5 Put the signature envelope into the larger white return envelope to protect your private information from view

• Seal the envelope.

6 Return your ballot by Election Day to the address on the return envelope

• Send it so it arrives by Election Day, using mail, a package delivery service, or the diplomatic pouch at a U.S. embassy or consulate.
• Postage is not required if the postal permit is on the envelope and it is sent using U.S. mail, U.S. military mail, or the diplomatic pouch. Postage may be required if you use a foreign mail service or a package delivery service.

See the other side for special instructions if you have a disability.

To check the status of your absentee ballot, visit http://www.mnvotes.org.

If you have any questions, contact your county elections office at [insert e-mail address] or [insert telephone number].

Correcting a mistake

• If time allows, ask for a new ballot from your election office. Contact your election office at [e-mail] or [phone number], or
• Completely cross out the name of the candidate you accidentally marked and then mark your ballot for the candidate you prefer (do not initial your corrections).

If you have a disability:

If you have a disability or cannot mark your ballot, another person may assist you by marking your ballot at your direction, assembling the materials, and filling in the forms for you.

When signing the envelope, Minnesota law says you may:

• Sign the return envelope yourself, or
• Make your mark, or
• Ask another person to sign for you in your presence. (Have this person sign their own name as well.)
• If you have adopted the use of a signature stamp for all purposes of signature, you may use your signature stamp or ask another person to use your signature stamp in your presence.
  Minnesota Statutes, section 645.44, subdivision 14

Please note: Voting is not covered by power of attorney. A person with power of attorney may only sign for you in your presence as outlined above.

Subp. 5. Cover letter for military and overseas voters transmitted ballots electronically.

Dear Military/Overseas Absentee Voter:
Your absentee ballot and supporting materials for the election on [month day, year] are attached. Your absentee ballot is being sent to you electronically because you requested this delivery method on your application. Please print, fill out, and return these materials so they are received by your county by Election Day, [day of the week], [month day, year].

A paper ballot must be returned to Minnesota and received by Election Day to be counted.

You may use the domestic mail service of the country you are located in, an international package delivery service, or the military or state department’s mail services. Be sure to vote and return this ballot as soon as possible to ensure timely return. Your ballot must be received by your county elections office by Election Day to be counted.

This communication contains:

• A ballot
• Voting instructions
• Ballot envelope template
• Certificate of Eligibility
• Mailing envelope template

Carefully follow the instructions to ensure proper return of your voted ballot.

• Print the materials
• Fill out your ballot
• Fold and seal your ballot and place it in your ballot envelope
• Fill out the Certificate of Eligibility
• Put the completed materials in your mailing envelope
• Send your ballot by mail or package delivery service so that it is received by Election Day

To check the status of your absentee ballot, visit http://www.mnvotes.org.

Contact your county elections office at [email] or [phone number] if you have any questions.

Please note: Each voter must submit an application and receive their own ballot. Do not forward this ballot to other voters. A ballot received from a voter who did not submit an application will not be counted. Refer other military or overseas voters who need to apply for a ballot to http://www.mnvotes.org.

Thank you.

Subp. 6. Instructions for military and overseas voters transmitted ballots electronically.

Instructions
How to vote by absentee ballot for military and overseas voters sent ballots electronically
Note: Your ballot must be printed out and physically returned. It cannot be returned electronically.

You will need:

• A printer
• A pen with black ink
• Two envelopes (you have 3 options):
• Address your own blank envelopes by hand
• Print the envelope templates directly onto envelopes (print the mailing envelope onto an envelope approximately 4 1/8 inches x 9 1/2 inches so that everything is positioned according to postal regulations)
• If you do not have access to any envelopes, create the envelopes by folding and taping or gluing the attachments.
• Your ID number
  • Minnesota driver’s license number, Minnesota ID card number, U.S. passport number, or the last four digits of your Social Security number.
  • See below if you do not have access to any of these numbers.

1 Print the materials

• Print your ballot, the Certificate of Eligibility, and the envelope templates if you are using them.
• Please note that the ballot may take multiple pages.
• Your printer should automatically scale the document to fit on the printable area of the page. Just be sure that none of the words or ovals are cut off.

2 Vote!

• Mark your votes in private.
• Follow the instructions on the ballot.
• Do not write your name or ID number anywhere on the ballot.
• Do not vote for more candidates than allowed. If you do, your votes for that office will not count.
• See below if you make a mistake on your ballot.

3 Use one of the envelopes as the ballot envelope

• Put your ballot in this envelope to keep your votes private.
• Seal the envelope.
• Do not write on this envelope.

4 Fill out the Certificate of Eligibility completely

• Print your name and your Minnesota street address, including city (present or last).
• Print your e-mail address and phone number (optional).
• Print your Minnesota driver’s license number, Minnesota ID card number, passport number, or the last four digits of your Social Security number.
  • Be sure to use one of the same numbers that you provided on your absentee ballot application.
  • If you do not have access to any of these documents, leave this space blank.
•  Read and sign the oath.

5 Put it all together

• Attach the Certificate of Eligibility to the ballot envelope.
• Your second envelope is the return (mailing) envelope.
• Put the ballot envelope and the Certificate of Eligibility into the return envelope.
• Seal the return envelope.
• Address the return envelope to:

Official Absentee Balloting Material
………. County
[Street address]
[City], MN [Zip Code]
USA

6 Return your ballot by Election Day to the address above

• Send it so it arrives by Election Day, using mail, a package delivery service, or the diplomatic pouch at a U.S. embassy or consulate.
• Postage is not required if the postal permit is on the envelope and it is sent using U.S. mail, U.S. military mail, or the diplomatic pouch. Postage may be required if you use a foreign mail service or a package delivery service.

To check the status of your absentee ballot, visit http://www.mnvotes.org.

If you need any help while voting, please contact your county elections office at [insert e-mail address] or [insert telephone number].

Correcting a mistake

• Print out a new ballot, or
• Ask for a new ballot from your election office, or
• Completely cross out the name of the candidate you accidentally marked and then mark your ballot for the candidate you prefer (do not initial your corrections).

If you have a disability:

If you have a disability or cannot mark your ballot, another person may assist you by marking your ballot at your direction, assembling the materials, and filling out the forms for you.

When signing the Certificate of Eligibility, Minnesota law says you may:

• Sign the Certificate yourself, or
• Make your mark, or
• Ask another person to sign for you in your presence. (Have this person sign their own name as well.)
• If you have adopted the use of a signature stamp for all purposes of signature, you may use your signature stamp or ask another person to use your signature stamp in your presence.
  Minnesota Statutes, section 645.44, subdivision 14

Please note: Voting is not covered by power of attorney. A person with power of attorney may only sign for you in your presence as outlined above.

Subp. 7. Additional instructions for use with partisan primaries. The following instructions must also be sent along with all absentee ballots for partisan primary elections.

The top part of this ballot is for a partisan (party) primary election:

• Vote only for candidates of one party – stay in one column.
• If you vote for candidates of more than one party, your votes in that section of the ballot will not be counted.

For how to correct a mistake, see the back side of the absentee ballot instructions.

Statutory Authority: MS s 14.388; 201.061; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 203B.14; 204B.45

History: 17 SR 351; 23 SR 459; 25 SR 616; 29 SR 155; 31 SR 350; 32 SR 2055; 34 SR 1561; 36 SR 1407; 38 SR 1368; 40 SR 1553

 

8210.0600. Statement of Absentee Voter.

Subpart 1. Form. The statement of absentee voter for persons voting under Minnesota Statutes, sections 203B.04 to 203B.15, must be printed in the forms shown in subparts 1a and 1b. The version found in subpart 1a must be provided only to absentee voters who are registered to vote at the time of application. All other absentee voters must be provided the version found in subpart 1b. The statements must be printed to the specifications of subpart 3.

Subp. 1a. Statement of registered absentee voter form.

Signature Envelope

Voter must complete this section                                                                         please print clearly

Voter name _______________________________
Voter MN address ______________________________________________

________________________________

MN
ID number
(MN driver’s license #,
MN ID card #,
or last four digits of SSN) ____________________________
() I do not have a MN-issued driver’s license, MN-issued ID card, or a Social Security Number.

I certify that on Election Day I will meet all the legal requirements to vote.

Voter Signature X __________________________________

Witness must complete this section

Witness name _______________________________
MN street address
(or title, if an
official or notary)
________________________________________
Street Address

________________________________________

MN
City

I certify that:

• the voter showed me the blank ballots before voting;
• the voter marked the ballots in private or, if physically unable to mark the ballots, the ballots were marked as directed by the voter;
• the voter enclosed and sealed the ballots in the ballot envelope; and
• I am or have been registered to vote in Minnesota, or am a notary, or am authorized to give oaths.

Witness Signature X ______________________________________

If notary, must affix stamp

Subp. 1b. Statement of unregistered absentee voter form.

Signature Envelope

Voter must complete this section                                                                             please print clearly

Voter name _______________________________
Voter MN address ____________________________________
_________________________________ MN
ID number
(MN driver’s license #,
MN ID card #,
or last four digits of SSN) ___________________________________
()I do not have a MN-issued driver’s license, MN-issued ID card, or a Social Security Number.

I certify that on Election Day I will meet all the legal requirements to vote.

Voter Signature X _____________________________________

Witness must complete this section

Witness name _____________________________________
MN street address
(or title, if an
official or notary)
_____________________________________
Street Address

_____________________________________
MN
City

Witness MUST CHECK ONE indicating proof of residence provided by voter: (See instructions)

• () MN driver’s license, ID card, permit, or receipt
• () Bill, student fee statement, or residential lease plus photo ID
• () Registered voter in the precinct who vouched for voter’s residence in the precinct (must complete the voucher form on the back of the Voter Registration Application)
• () Tribal ID card
• () Notice of late registration
• () Previous registration in the same precinct
• () An employee of a residential facility in the precinct who vouched for voter’s residence at the facility (must complete the voucher form on the back of the Voter Registration Application)

I certify that:

• the voter showed me the blank ballots before voting;
• the voter marked the ballots in private or, if physically unable to mark the ballots, the ballots were marked as directed by the voter;
• the voter enclosed and sealed the ballots in the ballot envelope;
• the voter registered to vote by filling out and enclosing a voter registration application in this envelope;
• the voter provided proof of residence as indicated above; and
• I am or have been registered to vote in Minnesota, or am a notary, or am authorized to give oaths.

Witness Signature X ________________________________

If notary, must affix stamp

Subp. 2. [Repealed, 40 SR 1553]

Subp. 3. Printing specifications. The statement shall be printed on the back of the absentee ballot return envelope. The words “Voter must complete this section” and “Witness must complete this section” shall be printed in no smaller than 12-point bold type. The “X” on the signature lines must be in at least 20-point type. The remainder of the statement shall be printed in no smaller than 10-point medium type. The area for the voter’s name and address must be no smaller than 1-1/4 inches by 3-1/4 inches. The voter’s certificate must be at least 4-1/8 inches wide. County auditors and municipal clerks may use the existing stock of absentee ballot return envelopes on hand as of January 1, 2014, for absentee voting conducted in-person.

Subp. 4. [Repealed, 32 SR 2055]

Subp. 4a. [Repealed, 32 SR 2055]

Statutory Authority: MS s 201.061; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 203B.14; 204B.45

History: 8 SR 1348; 17 SR 351; 23 SR 459; 25 SR 616; 32 SR 2055; 34 SR 1561; 36 SR 1407; 38 SR 1368; 40 SR 1553

 

8210.0700. Absentee Ballot Return Envelope as Provided by Minnesota Statutes, Sections 203B.04 to 203B.15.

Subpart 1. [Repealed, 34 SR 1561]

Subp. 2. [Repealed, 34 SR 1561]

Subp. 3. [Repealed, 34 SR 1561]

Subp. 4. [Repealed, 20 SR 2787]

Subp. 5. [Repealed, 20 SR 2787]

Subp. 6. [Repealed, 20 SR 2787]

Subp. 7. [Repealed, 34 SR 1561]

Subp. 8. [Repealed, 34 SR 1561]

Subp. 9. [Repealed, 34 SR 1561]

Subp. 10. [Repealed, 34 SR 1561]

 

8210.0710. Format and Instructions for Absentee Ballot Return Envelopes.

Subpart 1. Sample envelope layout. The secretary of state shall provide samples of the layout of the front and the back of the envelope.

Subp. 2. Form. Absentee ballot return envelopes must be printed according to the following specifications:

A. Envelopes prepared with the certificates prepared according to part 8210.0600 must be white in color with black ink. Envelopes with certificates prepared according to part 8210.0800 must be white in color with Pantone 194 U red ink or darker used for all printing.

B. The following must be printed at the bottom of the envelope on the same side as the voter’s certificate:

For Official Use Only
() Accepted      () Rejected       (reason:) __________________

Subp. 3. Envelope labeling. The envelopes with the form printed according to part 8210.0600, subpart 1a, must have the words “Signature Envelope – Registered” printed in no smaller than 8-point type. The envelopes with the form printed according to part 8210.0600, subpart 1b, must have the words “Signature Envelope – Unregistered” printed in no smaller than 8-point type. The envelopes printed with the form printed according to part 8210.0800 must have the words “Signature Envelope – UOCAVA” printed in no smaller than 8-point type.

Subp. 4. Additional instructions for registered and military and overseas voters. The following words must be printed above the voter’s certificate for envelopes with the form prepared under parts 8210.0600, subpart 1a, and 8210.0800:

“Put the Ballot Envelope
in here, then seal flap”

The words may appear on the reverse side of the envelope.

Subp. 5. Additional instructions for unregistered voters. The following words must be printed above the voter’s certificate for envelopes with the form prepared under part 8210.0600, subpart 1b:

“Put the Ballot Envelope and the
Voter Registration Application
in here, then seal flap”

The words may appear on the reverse side of the envelope.

Subp. 6. Checklist for registered voters. Envelopes with the form printed according to part 8210.0600, subpart 1a, must have the following words printed on the exterior of the return envelope:

“Have you . . .

• Sealed your ballot in the tan ballot envelope?
• Put the ballot envelope in the white signature envelope?
• Filled out the white signature envelope completely and signed it?
• Asked your witness to complete their section and sign their name?
• Put the white signature envelope into this envelope?

Return your ballot so it is received by Election Day.”

Subp. 7. Checklist for unregistered voters. Envelopes with the form printed according to part 8210.0600, subpart 1b, must have the following words printed on the exterior of the return envelope:

“Have you . . .

• Sealed your ballot in the tan ballot envelope?
• Put the ballot envelope and your voter registration application in the white signature envelope?
• Filled out the white signature envelope completely and signed it?
• Asked your witness to complete their section and sign their name?
• Put the white signature envelope into this envelope?

Return your ballot so it is received by Election Day.”

Subp. 8. Checklist for military and overseas voters. Envelopes with the form printed according to part 8210.0800 must have the following words on the exterior of the return envelope:

“Have you . . .

• Sealed your ballot in the tan ballot envelope?
• Put the ballot envelope in the white signature envelope?
• Filled out the white signature envelope completely and signed it?
• Put the white signature envelope into this envelope?

Return your ballot so it is received by Election Day.”

Statutory Authority: MS s 203B.08; 203B.09; 203B.125; 204B.45

History: 34 SR 1561; 36 SR 1407; 40 SR 1553; 43 SR 437

 

8210.0720. Mailing Information on Absentee Ballot Return Envelopes.

Subpart 1. Sample envelope layout. The secretary of state shall provide samples of the layout of the front and the back of the envelope.

Subp. 2. Form. The face of absentee ballot return envelopes must be printed according to this part.

Subp. 3. Mailing address. County auditors and municipal clerks shall print a mailing address on each envelope that they mail or deliver to an absent voter. The address block shall be located in the lower right one-quarter of the envelope. An envelope may be addressed to the county auditor or to the municipal clerk.

Subp. 4. Marks approved by United States Postal Service. Marks approved by the United States Postal Service to identify ballot materials must be printed on the envelope as specified in United States Postal Service instructions.

Subp. 5. Official absentee balloting label. The words “OFFICIAL ABSENTEE BALLOTING MATERIAL – FIRST CLASS MAIL” must be printed in 18-point bold type and inside a box.

Subp. 6. Return address. A county auditor or municipal clerk may affix the return address to the upper left-hand corner of the envelope.

Subp. 7. Additional requirements for envelopes for military and overseas voters. Envelopes for military and overseas voters must also meet the following additional requirements:

A. In the upper right-hand corner, a postage symbol and box shall be imprinted:
U.S. Postage Paid
39 USC 3406

B. The words “PAR AVION” must be printed in 12-point bold type in capital letters one-half inch below the postage box.

C. Facing identification marks (FIM) must be printed on the envelope and positioned as specified in United States Postal Service instructions.

D. The words “No Postage Necessary in the U.S. Mail – DMM703.8.0” must be printed immediately below the words required by subpart 5.

Statutory Authority: MS s 203B.08; 203B.09

History: 34 SR 1561; 40 SR 1553

 

8210.0730. Additional Requirements for Third Envelope

Subpart 1. [Repealed, 40 SR 1553]

Subp. 2. [Repealed, 36 SR 1407]

Subp. 3. [Repealed, 40 SR 1553]

Subp. 4. [Repealed, 40 SR 1553]

Statutory Authority: MS s 203B.08; 203B.09; 203B.125; 204B.45

History: 34 SR 1561; 36 SR 1407; 40 SR 1553

 

8210.0800. Absentee Ballot Signature Envelope as Provided by Minnesota Statutes, Sections 203B.16 and 203B.17.

Subpart 1. [Repealed, 34 SR 1561]

Subp. 2. [Repealed, 34 SR 1561]

Subp. 3. Certificate of eligibility. On the back of the absentee signature envelope provided for in Minnesota Statutes, section 203B.21, a certificate of eligibility must be printed on the envelope in the form shown in subpart 3a. The county auditor must provide the Certificate of Eligibility as an electronic document to voters who requested electronic delivery of absentee ballots.

Subp. 3a. Form of certificate of eligibility.

Signature Envelope

Voter must complete this section                                                                         please print clearly

Voter name _________________________________
Voter MN address (present or last) ___________________________________
_________________________ MN
ID number
(MN driver’s license #,
MN ID card #,
U.S. passport #,
or last four digits of SSN) ________________________________
Email _________________________________
Phone (optional) _______________________________

I swear or affirm, under penalty of perjury, that I am (check one):

• ( ) a member of the uniformed services or merchant marine on active duty or an eligible spouse or dependent of such a member;
• ( ) a United States citizen temporarily residing outside the United States;
• ( ) other United States citizen residing outside the United States;

and

• I am a United States citizen,
• at least 18 years of age (or will be by the date of the election), and
• I am eligible to vote in the requested jurisdiction;
• I have not been convicted of a felony, or other disqualifying offense, or been adjudicated mentally incompetent, or, if so, my voting rights have been reinstated; and
• I am not registering, requesting a ballot, or voting in any other jurisdiction in the United States except the jurisdiction cited in this voting form.
• In voting, I have marked and sealed my ballot in private and have not allowed any person to observe the marking of the ballot, except for those authorized to assist voters under state or federal law. I have not been influenced.

The information on this form is true, accurate, and complete to the best of my knowledge. I understand that a material misstatement of fact in completion of this document may constitute grounds for a conviction for perjury.

Voter Signature X ________________________________

Subp. 4. Sample envelope layout. The secretary of state shall provide samples of the layout of the front and the back of the envelope.

Statutory Authority: MS s 201.061; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.45

History: 8 SR 1348; 23 SR 459; 32 SR 2055; 34 SR 1561; 36 SR 1407; 38 SR 1368; 40 SR 1553

 

8210.1000. Experimental Forms.

The secretary of state may provide for the experimental use of alternate forms on a trial basis.

Statutory Authority: MS s 203B.08; 203B.09

History: 8 SR 1348

 

8210.2000. Voter’s Information.

If the absent voter’s name, residential address, ward, and precinct number are not printed on a label affixed to the envelope, the official mailing or delivering absentee ballots to an absent voter shall, before doing so, fill in the absent voter’s name, address, ward, and precinct number in the spaces provided on the signature envelope, unless the materials are transmitted to the voter electronically. When placing the label, the official must place it over the space for the voter’s name and address, but must not cover the instructions to the voter or the voter’s oath.

Statutory Authority: MS s 203B.08; 203B.09

History: 34 SR 1561; 40 SR 1553

 

PROCEDURES

8210.2100. Mailing or Delivering Absentee Ballot Return Envelopes.

Except as provided in Minnesota Statutes, section 203B.11, an absent voter who receives absentee ballots by mail or in person may cause the absentee ballot return envelope to be returned by any of the following methods:

A. causing the envelope to be mailed to the address on it;

B. delivering the envelope in person to the county auditor or municipal clerk from whom the ballots were received; or

C. designating an agent who shall deliver in person the sealed envelope to the county auditor or municipal clerk from whom the ballots were received. An agent shall be at least 18 years old. No individual may be designated as the agent of more than three absent voters in any one election.

Statutory Authority: MS s 203B.08; 203B.09

History: 17 SR 1279

 

8210.2200. Duties of County Auditor or Municipal Clerk Upon Receipt of Absentee Ballot Return Envelope.

Subpart 1. Personal delivery. Absentee ballot return envelopes that are delivered in person by an absent voter or an agent must be received by the county auditor or municipal clerk by 3:00 p.m. on election day. Ballots received by personal delivery after 3:00 p.m. of election day shall be marked as received late by the county auditor or municipal clerk, and must not be delivered to the ballot board.

Subp. 2. Inspecting for seal. Before accepting an absentee ballot return envelope that is hand delivered by an absent voter or an agent, the county auditor or municipal clerk shall inspect the envelope to verify that it is sealed and that the absent voter’s certificate is properly completed.

When an absent voter hand delivers an envelope which is unsealed or has an improperly completed absent voter’s certificate, the absent voter shall be allowed to seal the envelope and correct or complete the certificate.

When an agent hand delivers a sealed envelope with an improperly completed absent voter’s certificate, the agent may return the envelope to the absent voter for correction or completion in compliance with the time requirements in subpart 1.

When an agent hand delivers an envelope that is not sealed or which the auditor or clerk has reason to believe has been tampered with, the envelope shall not be accepted. The auditor or clerk shall write “rejected” across the absentee ballot return envelope and shall write the reason for rejection on the envelope. The absentee ballot return envelope shall be retained by the auditor or clerk in the auditor’s or clerk’s office. A notice of nonacceptance shall be mailed to the absent voter promptly, stating the date of nonacceptance, the name and address of the agent, and the reason for nonacceptance. A replacement ballot notice may be sent in place of the notice of nonacceptance. The absent voter may apply for replacement absentee ballots.

Subp. 3. Recording name and address. When an absentee ballot return envelope is hand delivered to the county auditor or municipal clerk by an agent, the agent shall, on a record maintained by the auditor or clerk, print the agent’s name and address, the name and address of the absent voter whose ballot the agent is delivering, and sign his or her name. The agent shall show to the auditor or clerk identification which contains the agent’s name and signature.

Statutory Authority: MS s 201.061; 201.221; 203B.04; 203B.08; 203B.09; 203B.125

History: 8 SR 1348; 17 SR 1279; 23 SR 459; 25 SR 616; 32 SR 2055; 38 SR 1368; 40 SR 1553

 

8210.2300. Retaining Ballots.

A county auditor or municipal clerk who receives an absentee ballot return envelope in person from an absent voter or an agent must retain it in the office as provided in part 8210.2400.

Statutory Authority: MS s 203B.08; 203B.09

History: 17 SR 1279; 38 SR 1368

 

8210.2400. Safeguarding Procedures.

The county auditor or municipal clerk shall establish measures for safeguarding absentee ballot return envelopes received prior to election day.

A. The auditor or clerk shall establish a record of absentee ballot return envelopes which are retained in the office. The record shall state the absent voter’s name, address, and precinct number; the agent’s name, if any; and the date the ballot was received by the auditor or clerk.

B. All retained envelopes shall be placed in a locked, secure location after being dated, stamped or initialed, and recorded. The envelopes shall not be removed from this location or handled, except as necessary in an emergency or to process ballots as provided in Minnesota Statutes, section 203B.121.

C. A part-time municipal clerk who receives return envelopes shall notify the auditor prior to each election of the safeguarding procedures which the clerk plans to follow, and the procedures shall be subject to the auditor’s approval.

D. When the ballot board opens accepted return envelopes pursuant to Minnesota Statutes, section 203B.121, subdivision 4, all absentee ballot return envelopes retained by the county auditor or municipal clerk shall be removed from the place of safekeeping and compared with the record required by this rule to ensure that all envelopes are accounted for. Any discrepancy shall be reported to the secretary of state promptly.

Statutory Authority: MS s 203B.04; 203B.08; 203B.09; 203B.125; 204B.45

History: 17 SR 1279; 23 SR 459; 34 SR 1561; 36 SR 1407; 38 SR 1368

 

8210.2450. Duties of Ballot Board Members When Examining Return Envelopes Under Minnesota Statutes, Section 203B.121.

Subpart 1. Review. Two or more ballot board members from different major political parties must review the absentee ballots returned for the precinct under Minnesota Statutes, section 203B.121, unless they are deputy county auditors or deputy city clerks who have received training in the processing and counting of absentee ballots, or are exempt from that requirement under Minnesota Statutes, section 205.075, subdivision 4, or Minnesota Statutes, section 205A.10, subdivision 2.

Subp. 2. Name, address, and signature review. The voter’s name and address on the absentee ballot application must match the voter’s name and address on the signature envelope. Use of, or lack of, full names, nicknames, abbreviations, or initials on either document are not a reason for rejection.

Ballot board members must determine whether the signature envelope was signed by the voter. Use of, or lack of, full names, nicknames, abbreviations, or initials within either signature are not a reason for rejection. A signature is considered the voter’s even if a voter uses a signature mark on either or both documents, or if a voter has another individual or different individuals sign the voter’s name in their presence on either or both the application and the signature envelope in accordance with Minnesota Statutes, section 645.44, subdivision 14. A ballot must be rejected under this subpart on the basis of the signature if the name signed is clearly a different name than the name of the voter as printed on the signature envelope. This is the only circumstance under which a ballot may be rejected on the basis of signature under this subpart.

Subp. 3. Identification number review. Ballot board members must determine whether the identification number provided by the voter on the certificate is the same as the identification number provided by the voter on the absentee ballot application or the voter’s record in the statewide voter registration system.

If the numbers do not match or the voter did not provide identification numbers on both documents, the ballot board members must compare the signatures on the absentee ballot application and on the signature envelope to determine whether the ballots were returned by the same person to whom they were transmitted. Use of, or lack of, full names, nicknames, abbreviations, or initials within either signature are not a reason for rejection. A signature is considered the voter’s even if a voter uses a signature mark on either or both documents, or if a voter has another individual or different individuals sign the voter’s name in their presence on either or both the application and the return envelope in accordance with Minnesota Statutes, section 645.44, subdivision 14.

Subp. 4. Voter’s registration status.

A. Ballot board members must determine the voter is registered under the name and at the address on the signature envelope by using the statewide voter registration system, or a master list or polling place roster produced from the statewide voter registration system. A voter who is not registered, whose registration is inactive, or whose registration is challenged, must include a properly completed voter registration application within the absentee return envelope pursuant to Minnesota Statutes, section 203B.04, subdivision 4, or the ballot must be rejected. If the voter was sent nonregistered absentee materials and the voter is not registered to vote and a voter registration application is not found in the return envelope, the ballot board members shall open the signature and ballot envelope and, without examining or removing the ballot, remove any voter registration application from the signature and ballot envelope. The ballot board members must immediately reseal the ballot envelope with the ballot enclosed, initialing across the seal and noting on the ballot envelope the purpose for which it was opened.

B. A voter registration application returned separately from an absentee return envelope after the voter registration deadline in Minnesota Statutes, section 201.061, subdivision 1, is a late registration and may not be used as a registration for the current election pursuant to Minnesota Statutes, section 201.054, subdivision 1, clause (3).

Subp. 5. Witness eligibility. An absentee ballot may not be rejected for lack of an eligible witness, if a witness has signed the statement required from a witness by part 8210.0600, subpart 1a or 1b, and:

A. has provided a Minnesota address as part of the witness’s certification on the return envelope;

B. has provided the title indicating that they are eligible to administer oaths; or

C. has affixed a notarial stamp.

Subp. 6. Ballot already cast. Ballot board members must use the statewide voter registration system or available polling place rosters to determine whether another ballot from the voter has been accepted. If a ballot is received before the close of business on the seventh day before the election, any ballot that has been previously received from that voter and has not been rejected is deemed spoiled and must not be counted. If a ballot is received after the close of business on the seventh day before the election and another absentee ballot has been accepted for that voter, the return envelope must be marked “rejected.”

Statutory Authority: MS s 203B.08; 203B.125

History: 34 SR 1561; 38 SR 1368; 40 SR 1553

 

8210.2500. Mail Pickup.

Each municipal clerk shall communicate with the United States postal service facility serving the municipality with regard to the handling of absentee ballot return envelopes received by the post office on election day. The municipal clerk shall take all reasonable steps to ensure that all return envelopes received by the post office before 4 p.m. on election day are delivered before the closing of the polls to the ballot board. Absentee ballots returned by mail delivery and received after election day shall be marked as received late by the county auditor or municipal clerk, and must not be delivered to the ballot board.

Statutory Authority: MS s 203B.08; 203B.09

History: 17 SR 1279; 38 SR 1368; 40 SR 1553

 

8210.2600. Replacement Ballots.

Subpart 1. Voter request. The auditor or clerk must promptly provide a replacement ballot to a voter who requests one because the voter’s ballot was lost, spoiled, or never received. The transmittal envelope must be labeled “REPLACEMENT BALLOT” in at least 18-point type. The auditor or clerk must record the following information on the voter’s absentee ballot application: the date of the voter’s request, the date that a replacement ballot was issued to the voter, and the reason that the voter requested a replacement. If a voter returns a spoiled ballot to the election official, the auditor or clerk must put the returned ballot in a spoiled ballot envelope.

Subp. 2. Ballot rejected by absentee ballot board. The auditor or clerk must send a replacement ballot to a voter whose absentee ballot is rejected more than five days before an election, along with an explanation of why the ballot was rejected. The secretary of state must provide election officials with a sample notice with a list of the possible reasons that a ballot could be rejected for use by absentee ballot boards. The transmittal envelope must be labeled “REPLACEMENT BALLOT” in at least 18-point type. The election official must record the following information on the voter’s absentee ballot application: the date that the voter’s ballot was rejected, the date that a replacement ballot was issued to the voter, and the reason that the previous ballot was rejected. Rejected absentee ballots must be kept in a separate sealed container.

Statutory Authority: MS s 203B.08; 203B.09; 203B.125; 204B.45

History: 34 SR 1561; 36 SR 1407

 

8210.2700. Receipt of Federal Write-In Absentee Ballots.

Subpart 1. If Federal Post Card Application was received. If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post Card Application was received, the county auditor must accept or reject the ballot in accordance with Minnesota Statutes, section 203B.24 and 203B.25.

Subp. 2. If Federal Post Card Application was not received. If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post Card Application was not received, the Federal Write-in Absentee Ballot serves as a voter registration, for voters who are eligible to register, in lieu of the voter’s Federal Post Card Application. The Federal Write-in Absentee Ballot also serves as an absentee ballot request for absentee ballots in subsequent elections during the period required by Minnesota Statutes, section 203B.17, subdivision 1, paragraph (d). If the voter provided an e-mail address, then the county auditor must record e-mail as the voter’s preferred method of delivery. The county auditor must not send a ballot to the voter for the election for which the voter submitted the Federal Write-in Absentee Ballot. If the voter has not already voted and the accompanying certificate is properly completed, the absentee ballot board must accept the Federal Write-in Absentee Ballot.

Statutory Authority: MS s 203B.0125

History: 34 SR 1561

 

8210.2900. Voting by Absentee Ballot in a Health Care Facility or Hospital.

A voter in a health care facility or hospital who receives an absentee ballot in person from an election judge visiting the facility may request the assistance of two election judges who are not affiliated with the same political party or another person eligible to provide assistance, as provided in Minnesota Statutes, section 204C.15, subdivision 1. No person shall assist a voter in a health care facility or hospital without the consent of the voter.

Statutory Authority: MS s 203B.08; 203B.125

History: 43 SR 437

 

MAIL BALLOTS

8210.3000. Mail Balloting.

Subpart 1. Scope. This part applies to mail balloting conducted under Minnesota Statutes, sections 204B.45 and 204B.46. Except as otherwise provided in this part, parts 8210.0200 to 8210.2700 also apply to mail balloting. In unorganized territory, the county auditor shall perform the duties specified for the municipal clerk.

Subp. 2. Authorization. The municipal governing body, school board, or county board may authorize mail balloting by resolution adopted no later than 90 days prior to the first election at which mail balloting will be used. If mail balloting is adopted pursuant to Minnesota Statutes, section 204B.45, the resolution remains in effect for all subsequent state and county elections until revoked. Revocation of the resolution may occur no later than 90 days before the next affected election. Authorization to conduct a special election pursuant to Minnesota Statutes, section 204B.46, expires after completion of the election.

Subp. 3. Notice. The municipal clerk or school district clerk shall notify the county auditor of the adoption or discontinuance of mail balloting no later than two weeks after adoption or revocation of the resolution. The county auditor shall send a similar notice to the secretary of state for elections authorized pursuant to Minnesota Statutes, section 204B.45. The county auditor, municipal clerk, or school district clerk shall post notice of mail ballot procedures at least six weeks before each election. Notice of mail ballot procedures must include:

A. the name or description of the municipality or unorganized territory;

B. the date of the election and the dates that ballots will be mailed;

C. a statement that each voter registered by the 21st day before the election will be mailed a ballot;

D. the times, places, and manner in which voted ballots can be returned;

E. an explanation of how an eligible voter who is not registered may apply for a ballot and how a registered voter who will be absent from the precinct may apply to receive the ballot at a temporary address;

F. the place and time for counting of ballots; and

G. the name and address or telephone number of the official or office where additional information can be obtained.

Before the first election at which mail balloting will be used or discontinued, notice must also be given by one or more of the following means: publication in a newspaper of general circulation, posting of notice at public locations within each precinct, dissemination of information through the media or at public meetings, or mailed notice to registered voters.

Subp. 4. Mailing ballots. The county auditor, municipal clerk, or school district clerk shall mail ballots to the voters registered in the municipality or unorganized territory. A ballot mailing must be sent to each registered voter no earlier than 46 or later than 14 days prior to the election if mail balloting in the voter’s precinct is proceeding pursuant to Minnesota Statutes, section 204B.45. No later than 14 days before the election, the auditor must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election.

A ballot mailing must be sent no earlier than 46 or later than 14 days prior to the election if a mail election is being conducted in the jurisdiction pursuant to Minnesota Statutes, section 204B.46. No later than 14 days before the election, the auditor or clerk must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election.

No ballot may be mailed to a challenged voter. A notice must be transmitted to challenged voters with an explanation of the challenge and with instructions on how they may apply for an absentee ballot if they believe their registration was challenged in error.

The mail balloting process for voters whose registrations are incomplete under Minnesota Statutes, section 201.061, subdivision 1a, or 201.121, must be administered as if the voter were not registered to vote. A notice must be transmitted to voters with incomplete registrations with instructions on how they may apply for an absentee ballot.

Ballots must be sent by nonforwardable mail. Ballots for eligible voters who reside in health care facilities may be delivered as provided in Minnesota Statutes, section 203B.11. The ballot mailing must be addressed to the voter at the voter’s residence address as shown on the registration file unless the voter completes an absentee ballot request as provided in Minnesota Statutes, section 203B.04 or 203B.16.

A return envelope, a ballot secrecy envelope, and instructions for marking and returning mail ballots must be included with the ballots. The instructions must include a telephone number or electronic mail address which voters can call or write for help in mail voting. The instructions must also include a privacy notice that complies with Minnesota Statutes, section 13.04. At the request of the secretary of state, a survey card that the voter can return to the secretary of state must also be included. The ballot return envelope must be printed with the mail voter’s certificate. The ballot return envelope must be addressed for return to the county auditor, municipal clerk, or school district clerk that is conducting the election. First class postage must be affixed to the return envelope.

Subp. 4a. Form of instructions to mail voters.

Instructions
How to vote by mail ballot

You will need:

• Ballot*
• Tan ballot envelope*
• White signature envelope*
• Pen with black ink
• Witness
  • Anyone registered to vote in Minnesota, including your spouse or relative, or a notary public, or a person with the authority to administer oaths

* If any of these items are missing, please contact your local election official.

1 Vote!

• Show your witness your blank ballot, then mark your votes in private.
• Follow the instructions on the ballot.
• Do not write your name or ID number anywhere on the ballot.
• Do not vote for more candidates than allowed. If you do, your votes for that office will not count.

See the other side if you make a mistake on your ballot.

2 Seal your ballot in the tan ballot envelope

• Do not write on this envelope.

3 Put the tan ballot envelope into the white signature envelope

4 Fill out the white signature envelope completely

• If there is no label, print your name and Minnesota address.
• Read and sign the oath.
• Ask your witness to print their name and Minnesota street address, including city (not a P. O. Box), and sign their name.
  • If your witness is an official or notary, they must print their title instead of an address.
  • Notaries must also affix their stamp.
• Seal the envelope.

5 Return your ballot by Election Day to the address on the signature envelope

You have three options:

• Send it so it arrives by Election Day, using U.S. mail or a package delivery service,
• Deliver it in person by 8:00 p.m. on Election Day, or
• Ask someone to deliver it by 8:00 p.m. on Election Day.
  • This person cannot deliver more than 3 ballots.

If you have questions, please call (…) …-…. .

See other side for special instructions if you have a disability

Correcting a mistake

• If time allows, ask for a new ballot from your election office. Contact your election office at [e-mail] or [phone number], or
• Completely cross out the name of the candidate you accidentally marked and then mark your ballot for the candidate you prefer (do not initial your corrections).

If you have a disability:

If you have a disability or cannot mark your ballot, your witness may assist you by marking your ballot at your direction, assembling the materials, and filling out the forms for you.

When signing the envelope, Minnesota law says you may:

• Sign the return envelope yourself, or
• Make your mark, or
• Ask your witness to sign for you in your presence. (Have your witness sign their own name as well.)
• If you have adopted the use of a signature stamp for all purposes of signature, you may use your signature stamp or ask your witness to use your signature stamp in your presence.

Minnesota Statutes, section 645.44, subdivision 14

Please note: Voting is not covered by power of attorney. A person with power of attorney may only sign for you in your presence as outlined above.

Subp. 4b. Form of mail voter’s certificate.

Signature Envelope

Voter must complete this section                                                                             please print clearly
Voter name __________________________________
Voter MN Address ____________________________________

__________________________________________ MN

I certify that on Election Day I will meet all the legal requirements to vote.

Voter Signature X ________________________________

Witness must complete this section
Witness name _________________________________
MN street address
(or title, if an
official or notary)
____________________________________________
Street Address

_________________________________________

City                                              MN

I certify that:

• the voter showed me the blank ballots before voting;
• the voter marked the ballots in secrecy or, if physically unable to mark the ballots, the ballots were marked as directed by the voter;
• the voter enclosed and sealed the ballots in the ballot envelope; and
• I am or have been registered to vote in Minnesota, or am a notary, or am authorized to give oaths.

Witness Signature X _____________________________________

If notary, must affix stamp

Subp. 4c. [Repealed, 25 SR 616]

Subp. 5. Nonregistered eligible voters. An eligible voter who was not registered on the 21st day prior to the election may apply for and receive an absentee ballot. Absentee voting in precincts using mail balloting must be conducted under Minnesota Statutes, chapter 203B, except that the time for applying for, receiving, and returning absentee ballots is extended until 8:00 p.m. on the day of the election. The instructions to absentee voters must be those specified in part 8210.0500, subpart 3. The statement of absentee voter must be that specified in part 8210.0600, subpart 1b, or 8210.0800, subpart 3a. The absentee ballot return envelope must be as specified in parts 8210.0710 and 8210.0720.

Subp. 6. Replacement ballots. The election official must maintain a record of all replacement ballots issued. The transmittal envelope must be labeled “REPLACEMENT BALLOT” in at least 18-point type.

Subp. 6a. [Repealed, 34 SR 1561]

Subp. 7. Undeliverable ballots. Ballots returned by the post office as undeliverable to the voter at the address of registration must be securely retained. If the auditor, municipal clerk, or school district clerk is able to verify the voter’s residence at that address, the ballot may be reissued. A ballot undeliverable to the voter at the address of registration must be considered a returned notice of verification and the voter’s registration must be treated as provided in Minnesota Statutes, section 201.12. The official conducting the election shall maintain a record of all undeliverable ballots.

If the ballot is returned by the post office prior to 20 days before the election with notification of the voter’s new address within a jurisdiction holding a mail election, the auditor or clerk shall resend a ballot to the voter along with a return envelope. If the ballot is returned by the post office within 20 days before the election with notification of the voter’s new address within a jurisdiction holding a mail election, the auditor or clerk shall transmit instructions on how the voter may apply for an absentee ballot.

If the ballot is returned by the post office within 20 days before the election with notification of the voter’s new address within a jurisdiction holding a nonmail election, the auditor or clerk must transmit a notice via nonforwardable mail to the voter of how to register and vote at the proper polling location. This notice must be treated as a notice of late registration under part 8200.5100, subpart 1.

The auditor or clerk shall keep a list of individuals who are sent the second mailing after the rosters are printed and must provide a copy of that list to the ballot board for use in processing the returned ballots.

Subp. 7a. Voter registration applications after ballots have been mailed. When a voter registration application is processed on a voter record where a ballot has been previously mailed, the original mail ballot record must be marked as “Spoiled” and the voter must be notified that the original mail ballot cannot be counted.

If the application is processed prior to 20 days before an election, a voter in a jurisdiction holding a mail election must also be provided a replacement ballot.

If the application is processed within 20 days prior to the election, a voter in a jurisdiction holding a mail election must be sent a notice of late registration that includes a notification that the original mail ballot cannot be counted and instructions on how the voter may apply for an absentee ballot.

If the application is processed within 20 days before an election, the notice of late registration sent to a voter in a jurisdiction holding a nonmail election must be notified that the original mail ballot cannot be counted and how to register and vote at the proper polling location.

Subp. 8. Returning ballots. Mail ballots may be returned to the official conducting the election by mail, in person, or by designated agent. The official conducting the election must accept ballots returned in person, or by designated agent, until 8:00 p.m. on the day of the election. Ballots received after 8:00 p.m. on election day shall be marked as received late by the official conducting the election. An individual shall not be the designated agent of more than three absentee or mail voters in one election.

Subp. 9. Polling place and election judges. The only polling place required for mail balloting is the office of the election official conducting the election. The number of voting stations set up in the office of the official conducting the election must be sufficient to accommodate the number of voters expected to vote in person on election day. On election day, the official conducting the election shall provide one or more secure drop boxes where voters can deposit return envelopes containing ballots. The governing body of the jurisdiction conducting the election shall designate a suitable location where the election judges can meet on election day to receive and count ballots. The location must be open for public observation of the counting of ballots. The governing body of the jurisdiction conducting the election shall appoint election judges as provided in Minnesota Statutes, sections 204B.19 to 204B.21. For state elections, the county auditor shall appoint election judges for mail ballot precincts and shall apportion the cost of the election judges among the precincts voting by mail in that election. The county auditor may delegate the authority to appoint election judges for precincts voting by mail in state elections to the municipal clerk. During the day of the election at least two election judges must be present at the office of the official conducting the election to accept mail ballots delivered in person and to process persons registering on election day. Additional judges may be appointed as needed. If the ballots are to be counted by hand and there are more than two questions or one office to be voted on, at least one judge must be appointed for the counting of ballots for every 500 persons from whom ballots are expected to be returned.

Subp. 10. Receiving and counting ballots. On or before election day, the ballot board shall receive from the county auditor, municipal clerk, or school district clerk, returned ballots and applications for absentee ballots, records of replacement ballots, and the list of voters sent a second mailing of the ballot. The ballot board shall arrange to receive from the election official any additional ballots received in the mail or returned by a voter prior to 8:00 p.m. on election day. Ballots must be transported to the location where ballot processing and counting will occur in a sealed transfer case by two or more election judges of different major political parties unless the election judges are municipal clerks or deputy clerks, or the judges are exempt from this requirement pursuant to Minnesota Statutes, section 205.075, subdivision 4, or 205A.10, subdivision 2. During the receiving and counting of ballots, the ballots must at all times remain in the custody of two or more election judges of different major political parties, unless the election judges are municipal clerks or deputy clerks, or the election is exempt from this requirement pursuant to Minnesota Statutes, section 205.075, subdivision 4, or 205A.10, subdivision 2. The secretary of state must provide a sample notice with a list of the possible reasons that a mail ballot may be rejected. The election official must keep a record of the date that the voter’s ballot was rejected, the date the replacement ballot was issued to the voter, and the reason that the previous ballot was rejected. Rejected envelopes must be kept in a separate sealed container.

Subp. 11. Challenges. Challengers appointed under Minnesota Statutes, section 204C.07 may be present while the election judges are examining and accepting or rejecting the return envelopes. Challenges must be made and determined as provided in Minnesota Statutes, section 204C.13, subdivision 6.

Subp. 12. Costs. The governing body authorizing mail balloting shall pay the costs of the mailing. Costs of mailing include postage costs and the costs of printing required envelopes, instructions, affidavits, and mailing labels. Other expenses must be paid as provided in Minnesota Statutes, section 204B.32.

Subp. 13. Alternate forms. The secretary of state may authorize the alternate use of envelopes and other forms related to mail elections.

Statutory Authority: MS s 14.388; 203B.08; 203B.09; 203B.125; 203B.14; 204B.45

History: 12 SR 2142; 17 SR 8; 17 SR 351; 19 SR 593; 20 SR 2787; 23 SR 459; 25 SR 616; 29 SR 155; 34 SR 1561; 36 SR 1407; 38 SR 1368; 40 SR 1553

 

8210.3005. [Repealed, 23 SR 459]

 

8210.3010. [Repealed, 23 SR 459]

 

8210.3015. [Repealed, 23 SR 459]

 

8210.9910. [Repealed, 23 SR 459]

 

8210.9915. [Repealed, 23 SR 459]

 

8210.9916. [Repealed, 23 SR 459]

 

8210.9917. [Repealed, 23 SR 459]

 

8210.9918. [Repealed, 23 SR 459]

 

8210.9920. [Repealed, 23 SR 459]

 

8210.9925. [Repealed, 23 SR 459]

 

8210.9930. [Repealed, 23 SR 459]

 

8210.9935. [Repealed, 23 SR 459]

 

8210.9940. [Repealed, 19 SR 593]

 

8210.9945. [Repealed, 23 SR 459]

 

8210.9950. [Repealed, 23 SR 459]

 

8210.9955. [Repealed, 23 SR 459]

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CHAPTER 8215 – PRESIDENTIAL NOMINATION PRIMARY

8215.0100. Scope.

Except as provided in this chapter, the presidential nomination primary must be conducted and the results canvassed and returned in the manner provided by law for the state primary.

Statutory Authority: MS s 207A.11

History: 43 SR 437

 

8215.0200. Ballots.

Subpart 1. Form. Except as provided in this part, presidential nomination primary ballots must be printed in the same manner as state primary ballots as far as practicable. There must be separate ballots for the names of the candidates of each major political party.

Subp. 2. Ballot heading. At the top of the ballot, the words “Presidential Nomination Primary Ballot” followed directly below by “(party name) Party” must be printed.

Subp. 3. Candidates. The chair of each major political party must submit to the secretary of state the names of the candidates to appear on that party’s ballot. Any candidate name submitted by a chair of a major political party must:

A. be the candidate’s true name or the name by which the candidate is commonly and generally known in the community; and

B. meet the requirements of Minnesota Statutes, section 204B.35.

Subp. 4. Order of candidates’ names. If a party chair has requested that its party ballot contain a place for a voter to indicate a preference for having delegates to the party’s national convention remain uncommitted, the party must submit a phrase of no more than three words to be used on the ballot to represent this choice, and this choice must be rotated as a choice with candidate names.

Statutory Authority: MS s 207A.11

History: 43 SR 437

 

8215.0300. Polling Place Voting.

Subpart 1. Form of roster. At the presidential nomination primary, the polling place roster must also state: “I am in general agreement with the principles of the party for whose candidate I intend to vote, and I understand that my choice of a party’s ballot will be public information.” This statement must appear separately from the statement certification included in part 8200.9115, subpart 1.

Subp. 2. Recording of political party. The election judge must instruct each voter to read the statement required by Minnesota Statutes, section 204C.10, paragraph (b), on the presidential nomination primary polling place roster. After the voter has read the statement, the election judge must ask the voter the name of the major political party whose ballot the voter is requesting. The polling place roster must include a place for the voter to indicate the voter’s party choice. The election judge or voter must record in the polling place roster or electronic roster the name of the major political party whose ballot the voter requested. After the voter’s major political party choice has been recorded, the election judge shall instruct the voter to sign the polling place roster. The county auditor must include the major political party choice recorded on the roster when posting voting history for every person who voted in the presidential nomination primary in the statewide registration system.

Subp. 3. Refusal to indicate a major political party. If a voter refuses to request the ballot of a single major political party, the election judge may refer the voter to instruction posters prepared for the presidential nomination primary by the secretary of state pursuant to Minnesota Statutes, section 204B.27. A voter who refuses to indicate a major political party must not be allowed to sign the polling place roster or cast a ballot.

Subp. 4. Voter receipts. A voter’s receipt must identify the major political party choice of the voter but may not distinguish the voter’s major political party choice by color, shape, or size.

Statutory Authority: MS s 207A.11

History: 43 SR 437

 

8215.0400. Absentee Voting.

Subpart 1. Scope. Except as provided in this part, absentee voting for the presidential nomination primary must be conducted in the manner provided by chapter 8210 and Minnesota Statutes, chapter 203B, for the state primary.

Subp. 2. Application form.

A. The absentee application form prepared by the secretary of state for the presidential nomination primary must:

(1) contain the following heading “For Presidential Nomination Primary Use Only;‘

(2) provide a place for the voter to indicate which major political party ballot the voter is requesting; and

(3) contain the following instruction: “A presidential nomination primary ballot cannot be sent to you unless you indicate on this application which major political party ballot you wish to receive. You may receive the ballot of only one major political party.”

B. The absentee ballot oath must also contain the following statement: “I am in general agreement with the principles of the party for whose candidate I intend to vote, and I understand that my choice of a party’s ballot will be public information.”

Subp. 3. Receipt of application. Upon receipt of an absentee ballot application for the presidential nomination primary meeting the requirements of subpart 2, the county auditor or municipal clerk shall immediately verify that the voter has indicated the major political party whose ballot the voter is requesting. If the voter has not indicated a major political party choice, the application must be returned to the voter. A presidential nomination primary absentee ballot must not be transmitted to any voter who has not indicated which major political party’s ballot the voter has requested to receive.

Subp. 4. Uniformed and overseas citizens. For voters with a current Federal Post Card Application or other absentee application pursuant to the Uniformed Overseas Citizens Absentee Voting Act, United States Code, title 52, sections 20301 to 20310, which does not contain the voter’s major political party choice, the county auditor must contact the voter by electronic mail, United States mail, or phone between 63 and 48 days before the presidential nomination primary and attempt to collect the voter’s political party choice for purposes of the presidential nomination primary. A voter must not be sent a presidential nomination primary ballot until the voter has communicated a party choice by electronic mail, United States mail, or phone.

Subp. 5. Receipt of Federal Write-in Absentee Ballots.

A. If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post Card Application containing the voter’s major political party choice was received, the county auditor must accept or reject the ballot in accordance with Minnesota Statutes, section 203B.24.

B. If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post Card Application containing the voter’s major political party choice was not received, and a major party candidate or major party write-in candidate can be ascertained, and the voter has not already voted, the county auditor must accept the Federal Write-in Absentee Ballot.

C. If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post Card Application containing the voter’s major political party choice was not received, and a major party candidate or major party write-in candidate cannot be ascertained, or the voter has already voted, the county auditor must reject the ballot.

Subp. 6. Using the registration system. Upon accepting an application for the presidential nomination primary, the county auditor or municipal clerk shall record in the statewide voter registration system the voter’s name, date of birth, address of residence in Minnesota, mailing address, Minnesota driver’s license or state identification number, or the last four digits of the voter’s Social Security number, if provided by the voter, and the voter’s major political party choice. When applicable, the county auditor or municipal clerk must immediately record that a voter’s absentee ballot has been accepted in the statewide registration system.

Subp. 7. Change of major party choice. Until the close of business on the seventh day before the election, a voter may change the voter’s choice of which major political party ballot the voter wishes to receive by spoiling the voter’s ballot and submitting an application indicating the major political party ballot the voter is requesting. An absentee ballot cast under the alternative procedures provided in Minnesota Statutes, section 203B.081, subdivision 3, cannot be spoiled after it has been deposited in the ballot box.

Subp. 8. Notation on polling place roster. When marking rosters to indicate that a voter has already cast a presidential nomination primary ballot pursuant to Minnesota Statutes, section 203B.121, subdivision 3, paragraph (b), the voter’s major political party choice must be recorded on the polling place roster at the same time.

Subp. 9. Instructions for voters. In addition to instructions provided in part 8210.0500, the following instruction must be included in instruction “1 Vote!‘: “The party ballot you received is based on the party you selected on the application form. You may receive the ballot of only one major political party. If you received the incorrect ballot, contact your election office at (e-mail) or (phone number).”

Statutory Authority: MS s 207A.11

History: 43 SR 437

 

8215.0500. Mail Balloting.

Subpart 1. Scope. Except as provided in this part, a precinct authorized under Minnesota Statutes, section 204B.45, to provide balloting by mail must conduct the presidential nomination primary in the same manner as the state primary as provided in chapter 8210 and Minnesota Statutes, section 204B.45.

Subp. 2. Mailing ballots. The county auditor shall mail the ballots of each major political party to applicable registered voters. A voter may return only one major party ballot. The mail voter’s certificate on the return envelope must provide a place for the voter to indicate the major political party whose ballot the voter has enclosed in the secrecy envelope.

Subp. 3. Form of instructions to mail voters. Notwithstanding part 8210.3000, subpart 4a, the form of instructions to mail voters to be used in a presidential nomination primary must substitute the following instructions:

How to vote by mail ballot

You will need:

• Ballot*
• Tan ballot envelope*
• White signature envelope*
• Pen with black ink
• Witness
  • Anyone registered to vote in Minnesota, including your spouse or relative, or a notary public, or a person with the authority to administer oaths

*If any of these items are missing, please contact your local election official.

1 Vote!

• Choose the ballot of the party that you are in general agreement with the principles of.
• Show your witness that party’s blank ballot, then mark your votes in private.
• Follow the instructions on the ballot.
• Do not write your name or ID number anywhere on your ballot.
• Do not vote for more than one candidate. If you do, your vote will not count.
• Do not vote the ballot of more than one party. Only return one ballot.
• Destroy and discard the extra blank ballot. You can destroy the ballot by shredding or tearing the extra ballot in half. Do not return the extra ballot.

See the other side if you make a mistake on your ballot.

2 Seal only one voted ballot in the tan ballot envelope

• Do not write on this envelope.

3 Put the tan ballot envelope into the white signature envelope

4 Fill out the white signature envelope completely

• If there is no label, print your name and Minnesota address.
• In the oath, print the name of the political party ballot that you chose. If you do not print a party name, your vote will not count. If you return a different ballot than you indicate in the oath, your vote will not count.
• Read and sign the oath.
• Ask your witness to print their name and Minnesota street address, including city (not a PO Box), and sign their name.
  • If your witness is an official or notary, they must print their title instead of an address.
  • Notaries must also affix their stamp.
• Seal the envelope.

5 Return your ballot by Election Day to the address on the signature envelope

You have three options:

• Send it so it arrives by Election Day, using United States mail or a package delivery service,
• Deliver it in person by 8:00 p.m. on Election Day, or
• Ask someone to deliver it by 8:00 p.m. on Election Day.
  • This person cannot deliver more than 3 ballots.
  • If you have questions, please call (…) …-…. .

See other side for special instructions if you have a disability

Correcting a mistake

• If time allows, ask for a new ballot from your election office. Contact your election office at [e-mail] or [phone number], or
• Completely cross out the name of the candidate you accidentally marked and then mark your ballot for the candidate you prefer (do not initial your corrections).

If you have a disability:

If you have a disability or cannot mark your ballot, your witness may assist you by marking your ballot at your direction, assembling the materials, and filling out the forms for you.

When signing the envelope, Minnesota law says you may:

• Sign the return envelope yourself, or
• Make your mark, or
• Ask your witness to sign for you in your presence. (Have your witness sign their own name as well.)
• If you have adopted the use of a signature stamp for all purposes of signature, you may use your signature stamp or ask your witness to use your signature stamp in your presence.

Minnesota Statutes, section 645.44, subdivision 14

Please note: Voting is not covered by power of attorney. A person with power of attorney may only sign for you in your presence as outlined above.

Subp. 4. Additional instructions for mail voters where an additional mailing envelope is used. In those precincts where an additional white return envelope is used to protect from view the information contained on the signature envelope, the list under “You will need” in subpart 3 must also include:

• Large white return envelope*

A new instruction 5 must be inserted and subsequent instructions renumbered. The new instruction 5 must read:

5 Put the signature envelope into the large white return envelope to protect your information from view

The heading of renumbered instruction 6 must now read:

6 Return your ballot by Election Day to the address on the return envelope

Subp. 5. Form of mail voter’s certificate. Notwithstanding part 8210.3000, subpart 4b, the form of the mail voter’s signature certificate to be used in a presidential nomination primary must be as follows:

Signature Envelope

Voter must complete this section                                                                             please print clearly
Voter name _____________________________________
Voter MN Address _________________________________
_____________________________________ MN

I certify that on Election Day I will meet all the legal requirements to vote. I am in general agreement with the principles of the __________ Party, and I understand that my choice of a party’s ballot will be public information.

Voter Signature X ______________________________

Witness must complete this section
Witness name _________________________________
MN street address
(or title, if an official or notary)
_____________________________________________________
Street Address

_____________________________________________________
MN
City

I certify that:

• the voter showed me the blank ballot before voting;
• the voter marked the ballot in secrecy or, if physically unable to mark the ballot, the ballot was marked as directed by the voter;
• the voter enclosed and sealed the ballot in the ballot envelope; and
• I am or have been registered to vote in Minnesota, or I am a notary, or I am authorized to give oaths.

Witness Signature X ________________________________________

If notary, must affix stamp

Subp. 6. Checklist for mail voters. Jurisdictions choosing to use an additional white return envelope to protect from view the information contained on the signature envelope must have the following words printed on the exterior of the white return envelope:

“Have you . . .

• () Included only your voted ballot and destroyed the ballot you did not vote?
• () Sealed your ballot in the tan ballot envelope?
• () Put the ballot envelope in the white signature envelope?
• () Filled out the white signature envelope completely and signed it?
• () Asked your witness to complete their section and sign their name?
• () Put the white signature envelope into this envelope?

Return your ballot so it is received by Election Day.”

Subp. 7. Change of major party choice. Until the close of business on the seventh day before the election, a voter may change the voter’s choice of which major political party ballot the voter requested by spoiling the voter’s ballot and requesting that the county transmit to the voter replacement ballots.

Subp. 8. Receiving and counting ballots. The ballot board must examine the mail voter’s certificate to verify the voter has indicated the major political party whose ballot the voter has enclosed in the secrecy envelope, record that party in the statewide voter registration system, and sort the ballots by political party. If a major political party was not indicated, or more than one party was indicated, the ballot board must reject the ballot. If a voter voted on and returned a major political party ballot different than the major political party that the voter indicated on the voter’s certificate, or if the voter voted on and returned more than one major political party ballot, the ballot board must spoil and must not count the ballot or ballots.

Statutory Authority: MS s 207A.11

History: 43 SR 437

 

8215.0600. Election Judge Training.

Subpart 1. Election judge training. To serve as an election judge in a presidential nomination primary, an individual must meet the requirements of part 8240.1300 and within 60 days of the presidential nomination primary successfully complete a one-hour training course that includes content on presidential primary procedures.

Subp. 2. Head election judge training. To serve as a head election judge in a presidential nomination primary, an individual must meet the requirements of part 8240.1350 and within 60 days of the presidential nomination primary successfully complete a one-hour training course that includes content on presidential nomination primary procedures.

Subp. 3. Health care facility absentee voting training. To serve as a health care facility election judge in a presidential nomination primary, an individual must meet the requirements of part 8240.1400 and within 60 days of the presidential nomination primary successfully complete a one-hour training course that includes content on presidential nomination primary procedures.

Statutory Authority: MS s 207A.11

History: 43 SR 437

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CHAPTER 8220 – VOTING SYSTEM TESTING

SCOPE AND STANDARDS

8220.0050. Conduct of Elections.

Except as provided in chapters 8220 and 8230 or in Minnesota Statutes, elections shall be conducted in the manner prescribed for precincts using paper ballots in the Minnesota election law.

Statutory Authority: MS s 204D.11; 206.57; 206.81

History: 10 SR 1690; 20 SR 2787; 23 SR 459; 25 SR 616

 

8220.0100. [Repealed, 10 SR 1690]

 

8220.0150. Minimum Standards.

Chapters 8220 and 8230 set minimum standards for procedures in the use of electronic voting systems. An election jurisdiction may by resolution require additional procedures.

Statutory Authority: MS s 206.57; 206.81; 206.82
History: 10 SR 1690; 20 SR 2787; 23 SR 459; 25 SR 616

 

8220.0200. [Repealed, 10 SR 1690]

 

8220.0250. Definitions.

Subpart 1. Scope. As used in chapters 8220 and 8230, terms defined in Minnesota Statutes, section 206.56, have the meanings given them in that section, and the following terms defined in this part have the meanings given them.

Subp. 1a. Audit trail. “Audit trail” means any documentation of changes made to voting system programming, the incident report, and the report generated by an electronic voting system on election day.

Subp. 2. [Repealed, 25 SR 616]

Subp. 2a. [Repealed, 25 SR 616]

Subp. 3. [Repealed, 23 SR 459]

Subp. 3a. Ballot counter. “Ballot counter” means an automatic tabulator that is capable of counting votes on ballots as they are deposited into the tabulator.

Subp. 3b. Ballot secrecy cover. “Ballot secrecy cover” means a cover to be used by the voter to conceal the votes marked on the ballot.

Subp. 4. [Repealed, 23 SR 459]

Subp. 4a. Ballot style. “Ballot style” means a unique ballot format prepared for use in one or more precincts in which all ballot information is identical.

Subp. 5. [Repealed, 23 SR 459]

Subp. 5a. Central count voting system. “Central count voting system” means an electronic voting system designed for and certified by the secretary of state for use in a central counting center.

Subp. 5b. Central counting center. “Central counting center” means a place selected by the governing body of an election jurisdiction where an electronic voting system is used to count ballots from more than one precinct after voting hours have ended.

Subp. 6. [Repealed, 23 SR 459]

Subp. 7. [Repealed, 25 SR 616]

Subp. 8. [Repealed, 23 SR 459]

Subp. 9. [Repealed, 23 SR 459]

Subp. 10. [Repealed, 25 SR 616]

Subp. 11. Demonstration ballot. “Demonstration ballot” means a ballot of a distinctive color used to instruct voters in the use of the voting system.

Subp. 12. [Repealed, 23 SR 459]

Subp. 13. [Repealed, 23 SR 459]

Subp. 14. Duplicate ballot. “Duplicate ballot” means a ballot on which the word “DUPLICATE” is printed, stamped, or written to which election judges transfer a voter’s selections from the original ballot when necessary.

Subp. 15. Edit listing. “Edit listing” means a computer-generated listing showing, in the order that they appear in the computer program for each precinct, the offices and questions to be voted on and the candidates’ names.

Subp. 16. Election jurisdiction. “Election jurisdiction” means any municipality, school district, county, or special election district having responsibility for operating electronic voting systems to be used at an election.

Subp. 17. [Repealed, 25 SR 616]

Subp. 18. Header card. “Header card” means a special ballot used to initiate voting, end voting, or enable tabulation of absentee ballots.

Subp. 18a. Incident report. “Incident report” means a record made by election judges in the polling place on election day of unusual events that occurred in that polling place on election day.

Subp. 19. [Repealed, 23 SR 459]

Subp. 20. [Repealed, 25 SR 616]

Subp. 21. Overvote. “Overvote” means a condition of a voted ballot in which more votes have been cast for an issue or office than the number of votes that the voter is lawfully entitled to cast.

Subp. 22. [Repealed, 23 SR 459]

Subp. 22a. Precinct counting center. “Precinct counting center” means a precinct where a precinct count voting system is used to count votes on ballots at the precinct polling place as voters deposit the ballots into the ballot box.

Subp. 22b. Precinct count voting system. “Precinct count voting system” means an electronic voting system designed to store ballot configurations and vote totals on a removable memory unit and to tabulate ballots at the precinct polling place as voters deposit the ballots into the ballot box.

Subp. 23. [Repealed, 25 SR 616]

Subp. 24. Public accuracy test. “Public accuracy test” means a public test conducted prior to election day for the purpose of demonstrating the accuracy of the computer program and voting system which will be used to count the ballots and to demonstrate and explain the testing procedures being used to determine the accuracy.

Subp. 25. [Repealed, 23 SR 459]

Subp. 25a. [Repealed, 25 SR 616]

Subp. 26. Self-contained voting station. “Self-contained voting station” means a unit that when assembled creates a private space enclosed beneath and on three sides and with adequate lighting in which a voter may mark a ballot.

Subp. 27. [Repealed, 25 SR 616]

Subp. 28. [Repealed, 23 SR 459]

Subp. 28a. Summary statement. “Summary statement” means the certification supplied by the election jurisdiction to each precinct on which to record the information required by Minnesota Statutes, section 204C.24, subdivision 1, and any other information requested by the election jurisdiction or the secretary of state.

Subp. 29. [Repealed, 23 SR 459]

Subp. 30. Test deck. “Test deck” means a set of preaudited mock voted ballots used to determine that the voting system and software to be used in the election accurately count and process the votes.

Subp. 31. [Repealed, 25 SR 616]

Subp. 32. [Repealed, 25 SR 616]

Subp. 33. Undervote. “Undervote” means a condition of a voted ballot in which fewer votes have been cast for an issue or office than permitted by law.

Subp. 34. [Repealed, 25 SR 616]

Subp. 35. Vendor. “Vendor” means an individual or organization other than an election jurisdiction supplying any element of an electronic voting system, including but not limited to hardware, software, and programming services.

Subp. 36. [Repealed, 25 SR 616]

Subp. 37. [Repealed, 23 SR 459]

Subp. 38. [Repealed, 25 SR 616]

Statutory Authority: MS s 206.57; 206.81; 206.82

History: 10 SR 1690; 20 SR 2787; 23 SR 459; 25 SR 616

 

8220.0300. [Repealed, 10 SR 1690]

 

EXAMINATION AND CERTIFICATION

8220.0325. Timing.

All applications for examination and initial certification of electronic voting systems must be submitted to the secretary of state between December 1 of an even-numbered year and December 1 of the following odd-numbered year. Applications for reexamination and recertification of electronic voting systems hardware or software may be submitted to the secretary of state at any time except between June 1 and December 1 of an even-numbered year.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459; 34 SR 1561

 

8220.0350. Application.

An application by a vendor pursuant to Minnesota Statutes, section 206.57, for examination of an electronic voting system must be accompanied by the following:

A. a signed agreement that the vendor will pay all costs incurred by the secretary of state, the vendor, and any designees of the secretary of state in accomplishing the examination;

B. complete specifications of all hardware, firmware, and software;

C. all technical manuals and documentation related to the system;

D. complete instructional materials necessary for the operation of the equipment by election jurisdictions and a description of any training available to users and purchasers;

E. a list of all state election authorities that have tested and approved the system for use;

F. a list of all election jurisdictions where the system has been used for elections;

G. a description of any support services offered by the vendor and of all peripheral equipment that can be used in conjunction with the system;

H. recommended procedures for use of the system at Minnesota elections including procedures necessary to protect the integrity of the election;

I. specifications for materials and supplies required to be used with the system;

J. specifications for stickers for write-in votes that can be used with the system;

K. explanation of the level of technical expertise required to program or prepare the system for use at an election; and

L. certification by an independent testing authority approved by the secretary of state of conformance to standards for voting equipment issued by the Federal Election Commission.

The vendor may submit additional material including test reports and evaluations by other states, election jurisdictions, and independent testing agencies. The secretary of state shall make a preliminary review of the application. If the secretary of state determines from the preliminary review that the system obviously does not meet provisions of Minnesota election laws, the vendor may withdraw the application.

Statutory Authority: MS s 206.57; 206.81; 206.82

History: 10 SR 1690; 23 SR 459; 25 SR 616

 

8220.0400. [Repealed, 10 SR 1690]

 

8220.0450. Acceptance Demonstration.

The vendor shall train a designee of the secretary of state in the preparation and operation of the system. The training must be at least as extensive as the training required for an election jurisdiction to be able to prepare and use the system at Minnesota elections.

The acceptance demonstration must be provided by the vendor and attended by designees of the secretary of state. The vendor is responsible for demonstrating that the system can meet all requirements of chapters 8220 and 8230 and Minnesota election law. In the acceptance demonstration, the vendor of the system must demonstrate the following concerning the system:

A. its storage requirements;

B. its speed of operation under conditions that simulate the scope and length of actual election ballots;

C. full audit capability, with an audit trail, which includes a printout of overvotes and undervotes for each office and issue, and with the undervotes recorded directly from the ballots and not determined by subtraction of totals from ballots that were not overvoted;

D. all features that can be programmed;

E. all design specifications;

F. maximum numbers of precincts, offices and issues, and candidates per office which can be handled;

G. the production of reports which include vote totals and all statistics and other information required by the secretary of state;

H. simulation of vote counting involving a configuration of the largest number of voters, precincts, offices, and candidates with which the system is expected to be used, which vote counting includes ballots showing overvotes, undervotes, and invalid votes as well as those with no overvotes or stray marks, in many different combinations, and demonstrates rotation sequences and the ability to count votes cast on the partisan, nonpartisan, and proposal sections of the ballot independently;

I. accuracy of vote counting and procedures or process for testing accuracy;

J. provisions for maintaining the security and integrity of elections; and

K. provisions for write-in votes.

The vendor shall identify all hardware configurations with which software is intended to operate and shall provide an acceptance demonstration for every hardware and software configuration for which certification for use in Minnesota is requested. The secretary of state may provide additional ballots or test decks for the acceptance demonstration.

The acceptance demonstration and training of the secretary of state’s designee may be accomplished either at the vendor’s site or at the office of the secretary of state.

Statutory Authority: MS s 206.57; 206.81; 206.82

History: 10 SR 1690; 23 SR 459; 25 SR 616

 

8220.0500. [Repealed, 10 SR 1690]

 

8220.0550. Testing and Examination.

The secretary of state shall investigate and evaluate the experience of other states and election jurisdictions using the system. The secretary of state shall review the results of the acceptance demonstration and perform additional tests as the secretary deems necessary. The additional tests may include field testing at simulated or actual elections, technical evaluation of the hardware and software by a designee of the secretary of state, and experimental use as provided in Minnesota Statutes, section 206.81. In determining the need for and extent of additional examination, the secretary of state shall consider the record of use in other states and the extent and experience of use in Minnesota of similar systems.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459

 

8220.0650. Approval of Systems.

Subpart 1. Certification. If, from the reports of the demonstration and testing, the secretary of state determines that the system complies with chapters 8220 and 8230 and Minnesota Statutes and can be used safely at elections, the secretary of state shall issue to the vendor a certification of the system for use in Minnesota. The certification must be limited to specific hardware and software configurations and may not extend to models or configurations not examined. The certification may include stipulations or special procedures for use of the system. No certification may be issued until the vendor has:

A. paid all costs of the examination required under the agreement submitted with the application;

B. certified that the vendor and any agent acting on behalf of the vendor will offer the system for use or sale only according to chapters 8220 and 8230 and Minnesota Statutes and any stipulations of the certification;

C. certified that the vendor will immediately notify the secretary of state of any modifications to the system and will not offer for sale or provide for use in Minnesota any modified system if the secretary of state advises the vendor that, in the opinion of the secretary, the modifications constitute a significant change requiring that the system be reexamined;

D. deposited with an escrow agent a copy of all programs, documentation, and source codes; and

E. deposited with the secretary of state a bond in the amount specified in Minnesota Statutes, section 206.57, subdivision 4, conditioned on the vendor offering the system for sale in the manner required by chapters 8220 and 8230 and any conditions under which the system is certified for use in Minnesota. The form and execution of the bond must be acceptable to the secretary of state. Bonds must be issued by corporations authorized to contract as a surety in Minnesota. This bond is not in lieu of any right of action by the purchaser or the state of Minnesota against the vendor or the surety. The bond is required until the adoption, use, or purchase of the system or program is discontinued in Minnesota.

Subp. 2. Decertification. If a voting system no longer meets the standards of chapters 8220 and 8230 or Minnesota Statutes, the secretary of state may withdraw certification of the voting system. The vendor must be given written notification of intent to withdraw certification and may within ten days of receipt of the notification submit a written request to the secretary of state for a contested case hearing under Minnesota Statutes, sections 14.57 to 14.62.

Subp. 3. Forfeiture of bond. If the secretary of state determines that a vendor has offered for sale or use at an election a voting system in a manner other than that required by chapters 8220 and 8230 or any conditions under which the system was certified, the bond required by subpart 1, item E, must be forfeited. The secretary of state shall notify the vendor of the intent to forfeit the bond in writing and provide the vendor an opportunity to furnish a written explanation to the secretary of state prior to forfeiture. No system may be subsequently offered for sale or use at an election by the vendor who has received a notice of intent to forfeit the bond or whose bond has been forfeited, until the vendor has submitted an additional bond in the amount of $50,000. The secretary of state shall notify each official on the user list of a receipt, forfeiture, or restoration of these bonds.

Statutory Authority: MS s 206.57; 206.81; 206.82

History: 10 SR 1690; 12 SR 1712; 12 SR 2426; 23 SR 459; 25 SR 616

 

8220.0700. Reexamination and Recertification of Hardware and SOFTWARE.

After an electronic voting system has been certified by the secretary of state, the hardware and software necessary to operate the voting system, tabulate votes, and prepare ballot styles must be reexamined and recertified under part 8220.0650, subpart 1, by the secretary of state at any time that, in the opinion of the secretary of state, changes in Minnesota election law require reexamination of the voting system to determine continued compliance.

A modification to hardware or software of an electronic voting system which has been certified by the secretary of state must be submitted for reexamination and be recertified under part 8220.0650 unless the modification has been determined to be de minimis by an independent testing authority.

The vendor must notify the secretary of state of all de minimis modifications, provide the de minimis determination from an independent testing authority and receive a letter of acceptance of the de minimis modifications from the secretary of state before the modified electronic voting system may be used in an election.

Statutory Authority: MS s 206.57; 206.81; 206.82

History: 23 SR 459; 25 SR 616; 34 SR 1561

 

PREPARATION AND TESTING OF ELECTION PROGRAMS

8220.0750. Preparation of Computer Programs.

Computer programs must be prepared so as to tabulate accurately each voter’s choices for all candidates, offices, and measures for which the voter is lawfully entitled to vote in conformity with chapters 8220 and 8230 and the laws of Minnesota.

Computer programs must require an electronically readable precinct identifier or ballot style indicator on all ballots.

The vote tabulation portion of the computer program must be prepared as follows:

A. The computer program must reflect the rotation sequence of the candidates’ names as they appear on the ballots in the various precincts.

B. The computer program must reflect the offices and questions to be voted on in the order that they appear on the ballots in the various precincts.

C. The computer program must count valid votes cast by a voter for candidates for an office.

D. The computer program must count valid votes cast by a voter for or against any question.

E. The computer program must not count the votes cast by a voter for an office or question if the number of votes cast exceeds the number which the voter is entitled to vote for on that office or question, but it must record that there is an overvote condition as referred to in part 8220.0450, item C.

F. The computer program must ignore stray marks on a ballot; these marks must have no effect on any portion of the ballot.

G. For the purpose of programming, the partisan, nonpartisan, and proposal sections of the ballot are independent ballots; no action of a voter on one section of the ballot may affect the voter’s action on another section of the ballot.

H. In partisan primary elections, the computer program must count the votes recorded by a voter for candidates in one political party only and reject all of the partisan section of the ballot if votes are cast for candidates of more than one political party, but count valid votes in the nonpartisan section of the ballot.

I. In partisan primary elections the computer program must check for the situation of a voter casting votes for candidates of more than one political party prior to checking for overvote conditions.

J. If the counting equipment can examine and return a ballot to the voter before counting it, the computer program must check for and reject without counting any ballot with an overvote or, at a partisan primary, with votes cast for candidates of more than one party. When the ballot is returned to a voter, an error message must indicate the type of defect and may indicate the specific office or question where the defective condition was found. The error message must print on a paper tape or display electronically.

K. A mark indicating a write-in is a vote for the purpose of determining if an overvote condition exists. Except where an overvote condition for the office exists, the computer program must record that a write-in has been indicated. The program must count and record valid votes on the ballot for all other offices and questions before a ballot with a write-in recorded is separated from ballots with no write-ins recorded. The program must report, by office, the total number of write-ins recorded.

Statutory Authority: MS s 206.57; 206.81; 206.82

History: 10 SR 1690; 11 SR 454; 23 SR 459; 25 SR 616

 

8220.0800. Program Preparation Bonds.

Subpart 1. Amount of bonds. Each vendor preparing programs for use with an electronic voting system shall deposit a bond with the secretary of state in the amount of $5,000. The form of the bond must be acceptable to the secretary of state. Bonds must be issued by corporations authorized to contract as a surety in Minnesota. This bond is not in lieu of any right of action by the purchaser or the state of Minnesota against the vendor or the surety. The bond is required until the adoption, use, or purchase of the system or program is discontinued in Minnesota.

Subp. 2. Forfeiture of bonds. If the secretary of state determines that a program used with an electronic voting system was not prepared in the manner required by chapters 8220 and 8230 and the written instructions of the official responsible for preparation of the ballots, the bond must be forfeited to the extent necessary to cover actual expenses resulting from the failure of the program. The secretary of state shall determine within 45 days after receiving notification of the failure of a program and a request for reimbursement of expenses resulting from the failure of the program from the appropriate election officials, what actual costs were incurred as a result of the program failure. The secretary of state shall notify the vendor of the intent to forfeit the bond in writing and provide the vendor an opportunity to furnish a written explanation to the secretary of state prior to forfeiture. If required to meet actual expenses in excess of the amount of the bond posted under subpart 1, the secretary of state shall use, to the extent necessary, any bond posted by the vendor under part 8220.0650 as compensation to the election jurisdiction. The secretary of state shall notify each official on the user list of any receipt, forfeiture, or restoration of these bonds.

Statutory Authority: MS s 206.57; 206.81; 206.82

History: 12 SR 2426; 23 SR 459; 25 SR 616

 

8220.0825. Candidate Rotation Algorithm.

Subpart 1. Base rotation. The secretary of state shall determine the base rotation of candidates’ names for partisan offices voted on at the state primary election. The county auditor shall determine the base rotation of candidates’ names for all other offices for which rotation is required. The county auditor may delegate the authority to determine the base rotation of candidates’ names for municipal and school district offices to the municipal and school district clerks, respectively. The base rotation must be determined by assigning the initial order of the candidates’ names by lot.

Subp. 2. Base number of registered voters. For purposes of the rotation algorithm, the county auditor shall determine the number of registered voters in each precinct as of 8:00 a.m. on May 1 of the election year.

Subp. 3. Algorithm. The algorithm in items A to F must be used to determine the rotation sequence for each race for which rotation is required.

A. Determine the base rotation.

B. Determine which precincts belong to the race being rotated.

C. Arrange the precincts in order of the number of registered voters, from largest number to smallest.

D. Calculate the number of rotations needed by determining the number of candidates for the office.

E. Starting with the largest precinct, assign a precinct to each rotation. If there are more candidates than precincts, stop after the last precinct has been assigned and go on to item F. If there are more precincts than candidates, keep a running subtotal of the total registered voters assigned to each rotation. After each rotation has been assigned one precinct, assign the next largest precinct to the rotation with the lowest subtotal. Continue assigning the next largest precinct to the rotation with the lowest subtotal until all precincts for that race have been assigned.

F. Print a report by race showing rotation subtotals.

Statutory Authority: MS s 205.17; 206.57; 206.81; 206.84; 447.32

History: 23 SR 459; 34 SR 1561

 

8220.0850. Schedule for Completing Programs.

No later than five days after candidates’ names are certified by the secretary of state, the election jurisdiction responsible for requesting the computer program must supply any information such as candidates’ names and base rotation and the order of offices and questions to be voted on to the individuals designated to prepare the computer program. The official conducting the election also shall supply the programmers with the rotation algorithm in part 8220.0825 or other instructions regarding the proper rotation sequence for the ballots.

The computer program for any election and an exact duplicate of the program for use as backup must be completed and delivered to the election jurisdiction or the county auditor in charge of a common central counting center at least 21 days prior to the election.

Statutory Authority: MS s 206.57; 206.81; 206.82

History: 10 SR 1690; 20 SR 2787; 23 SR 459

 

8220.0950. [Repealed, 34 SR 1561]

 

8220.1000. [Repealed, 10 SR 1690]

 

8220.1050. Preparation of Test Deck.

The election jurisdiction requesting the computer program must prepare a test deck of ballots to be used to determine that the voting system and the computer program will correctly mark or count the votes cast for all offices and all proposals in compliance with the Minnesota election law.

The test deck must conform to part 8220.1150. A test deck must be prepared specifically for each election.

The test deck prepared must consist of a preaudited configuration of ballots to record a predetermined number of valid votes for each candidate and issue.

Statutory Authority: MS s 206.57; 206.81; 206.82

History: 10 SR 1690; 23 SR 459; 25 SR 616; 34 SR 1561

 

8220.1100. [Repealed, 10 SR 1690]

 

8220.1150. Test Ballots.

All test ballots must be marked “TEST.”

Ballots must be prepared having votes in excess of the number allowed by law for each office and proposal appearing on the ballot.

For district offices in which the number of candidates appearing on the ballot for that office varies by district, test ballots must be prepared with the number of votes allowed by law for that office in that district.

In partisan primary elections test ballots must be prepared to check the program for splitting tickets. Test ballots must be prepared with votes appearing in the same ballot for candidates of opposite political parties, nonpartisan candidates, and proposals. At least one ballot must be prepared with votes for one party and including votes for a nonpartisan office in excess of the number permitted by law.

In preparing the test deck, a number of the ballots must be voted to include valid votes in the partisan, nonpartisan, and proposal sections of the ballot. The test deck must include ballots involving no overvotes or marks in unassigned locations, valid votes for each candidate and ballot question, overvotes, undervotes, and invalid votes in many different combinations.

At least one test ballot must be prepared in which marks appear in the precinct identifier or ballot style indicator.

Blank ballots in which no positions have been voted must be included in the test deck.

When required to be used in an election pursuant to Minnesota Statutes, section 206.57, subdivision 5, the test deck must include a number of ballots marked by an electronic ballot marker sufficient to have marked all vote targets on the ballot in every precinct.

Statutory Authority: MS s 206.57; 206.81; 206.82

History: 10 SR 1690; 17 SR 8; 23 SR 459; 34 SR 1561

 

8220.1200. [Repealed, 10 SR 1690]

 

8220.1250. [Repealed, 23 SR 459]

 

8220.1300. [Repealed, 10 SR 1690]

 

8220.1350. Preliminary Testing of Computer Programs.

Prior to the public accuracy test, the election jurisdiction providing the computer programs shall test the voting systems and programs to ascertain that they will correctly mark or count the votes for all offices and measures. The computer programs must be tested on all precincts.

The election jurisdiction shall compare the zero tape with the ballots of all precincts to ascertain that the appropriate ballots are in each precinct and that the offices and questions to be voted on and the candidates’ names are in the order that they appear on the ballots for each precinct. Each election jurisdiction shall make a certificate as to the above matters and file it with the county auditor.

The test must be conducted using the test deck prepared under the direction of the election jurisdiction, and the results must be compared against the predetermined results of the test deck.

Statutory Authority: MS s 206.57; 206.81; 206.82; 206.882

History: 10 SR 1690; 11 SR 454; 23 SR 459; 25 SR 616; 34 SR 1561

 

8220.1400. [Repealed, 10 SR 1690]

 

8220.1450. Duties Upon Completion.

After an errorless count has been made on all precincts, the election jurisdiction providing the computer program must:

A. secure all computer programs, all support software used except the operating system, test decks, test results, and predetermined results of the test decks in a sealed container stored in a secured area;

B. secure all memory units containing the election program;

C. secure a duplicate copy of all computer programs, including support software and application programs, in a location separate from the working copy; and

D. prepare a certificate that all precincts have been tested using the test deck prepared under the direction of the election jurisdiction and that the results agree with the predetermined results of the test deck. The certificate must contain the numbers of any seals used to seal the container or memory units and may be combined with the certificate required in part 8220.1750.

Statutory Authority: MS s 206.57; 206.81; 206.82

History: 10 SR 1690; 20 SR 2787; 23 SR 459; 25 SR 616

 

8220.1550. Public Accuracy Test.

The election jurisdiction must hold a public accuracy test within 14 days prior to the election for the purpose of demonstrating the accuracy of the computer programs and voting systems to be used at the election. The public accuracy test must be conducted according to Minnesota Statutes, section 206.83.

The time and place of the public accuracy test must be designated by the election jurisdiction providing the computer program, which must give at least 48 hours’ public notice of the time and place of the test by publication in official newspapers and by posting a notice in the office of the county auditor and each local election official conducting the test.

The test must be open to the public. At least two election judges of different political parties must witness the test. The chief election official of the election jurisdiction shall explain the methods and test procedures used to determine the accuracy of the computer programs. This will include submitting as public record the certificate prepared in accordance with part 8220.1450 that all precincts have been tested using the test deck prepared under the direction of the election jurisdiction.

he sealed container containing the computer programs, test deck, and predetermined results must be opened and the computer programs tested to determine their accuracy on the voting systems on which they are to be used on election day. The testing of the voting systems and programs must be with the test deck prepared under the direction of the election jurisdiction. In election jurisdictions with three or fewer precincts, all the precincts must be tested. In election jurisdictions with more than three precincts, a minimum of three precincts must be tested. One precinct from each congressional district, legislative district, county commissioner district, ward, and school district on the ballot must be tested. The official conducting the election shall select the precincts to be tested.

If an error is detected in any part of the testing, the cause must be ascertained, the error corrected, and an errorless count must be made on all precincts. At the discretion of the election jurisdiction, the meeting may be adjourned to a time and date certain.

Statutory Authority: MS s 206.57; 206.81; 206.82

History: 10 SR 1690; 20 SR 2787; 23 SR 459; 25 SR 616

 

8220.1650. Additional Test Decks.

Upon request, the secretary of state must be provided a set of blank ballots to be used as a test deck for any state, county, municipal, special district, or school district election computer program. The secretary’s request shall indicate the number of blank ballots to be delivered for the test deck. The use of test decks provided by the secretary of state does not substitute for the requirement for an election jurisdiction to prepare and use a test deck in accordance with parts 8220.1050 and 8220.1150.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 17 SR 8; 23 SR 459

 

8220.1750. Certificate of Public Accuracy Test.

After the completion of the public accuracy test and an errorless count has been made, the election jurisdiction must certify the results of the test conducted. The certificate must be signed by the witnesses. The certificate may be combined with the certificate required in part 8220.1450, item D.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459

 

8220.1850. Securing Computer Programs.

Immediately after certifying the results of the public accuracy test, the election jurisdiction must secure all computer programs, software utilized, test decks, certified computer results of the test, and the predetermined results in a container which must be sealed in a manner so that the container cannot be opened without breaking the seal. If a precinct count voting system is used to count ballots, it must be sealed with the memory pack containing the election programs inside. Attached to or inside the container must be a certificate describing its contents. The certificate must be signed by the witnesses.

All computer programs, test decks, and other related materials must be clearly identified as to the voting system on which they were tested and must be used on no other voting system until tested in accordance with parts 8220.1550 to 8220.1850.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459

 

8220.1950. [Repealed, 20 SR 2787]

 

8220.2000. [Repealed, 10 SR 1690]

 

SECURITY OF VOTING SYSTEMS AND PROGRAMS

8220.2050. Isolation of Central Count Voting System and Precinct Count Voting System.

The central count voting system or precinct count voting system must be set up so that the vote-tallying procedures will function in isolation while being tested or operated on election day. No physical connection must exist between a central count voting system or precinct count voting system and any other computer during hours that voting is occurring in that precinct on election day or while the central count voting system or precinct count voting system is tabulating results for a precinct.

Statutory Authority: MS s 206.57; 206.81; 206.82

History: 10 SR 1690; 23 SR 459; 25 SR 616

 

8220.2100. [Repealed, 10 SR 1690]

 

8220.2150. [Repealed, 23 SR 459]

 

8220.2200. [Repealed, 10 SR 1690]

 

8220.2250. SUPPORT SOFTWARE.

All the support software used with the vote-tallying computer programs must be maintained on media under the control of the election administration.

Statutory Authority: MS s 206.57

History: 10 SR 1690

 

8220.2300. [Repealed, 10 SR 1690]

 

8220.2350. [Repealed, 23 SR 459]

 

8220.2400. [Repealed, 10 SR 1690]

 

8220.2450. [Repealed, 23 SR 459]

 

8220.2500. [Repealed, 10 SR 1690]

 

8220.2550. [Repealed, 23 SR 459]

 

8220.2600. [Repealed, 10 SR 1690]

 

8220.2650. [Repealed, 23 SR 459]

 

8220.2700. [Repealed, 10 SR 1690]

 

8220.2750. [Repealed, 20 SR 2787]

 

8220.2800. [Repealed, 10 SR 1690]

 

8220.2850. Control of Computer Program Changes.

After completion of the public accuracy test, every change to a computer program used for vote tallying and under control of the election jurisdiction must be authorized, approved, and documented by the responsible authority of the election jurisdiction. The documentation must include the time and date of each action.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459

 

8220.2860. Instructions for Ballot Marking Devices Certified Before January 1, 2010.

Subpart 1. Text instructions. The instructions on the screen must read as follows:

A. Before a ballot is inserted: “Please insert your ballot”

B. On the voting instructions screen:

“[Month, Day, Year] [Primary or General or Special Primary or Special] Election”
Official Ballot
You are voting ballot ……………

Voting instructions
To use this ballot marking device to mark your ballot:

1. You may touch the NEXT button in the lower right corner of the screen or the right arrow button to move on to the next screen at anytime.
2. To select a candidate, touch the name of the candidate. For ballot questions, touch YES or NO to make your selection.
3. Your choice will be highlighted in yellow and the oval will be filled in.
4. In general elections, you are allowed to write in the name of a candidate who is not on the ballot. You will be presented with a keyboard on the screen to type in the name of the person you want to write in.
5. Use the BACK arrow button in the lower left corner of the screen or the left arrow button to return to the previous screen at anytime.
6. When you have completed making your choices, a summary screen will display your selections.
7. Review your selections carefully.
8. On the next screen, press the MARK BALLOT button to mark your ballot.
9. Remove your ballot and deposit it in the ballot counter or ballot box.”

C. If a voter tries to make a selection without having viewed the names of all of the candidates: “You did not view all candidates. Do you want to view the rest of the choices?”

D. If a voter tries to vote for more than the number of candidates allowed in a multiseat race: “You have tried to select more candidates than are allowed in this race. Deselect at least one of the candidates you have selected before selecting another.”

E. If a voter tries to move on to the next race without selecting the maximum number of candidates allowed: “You are allowed to vote for more candidates in this race than you have selected. You can return to the race to vote for more candidates, or you can continue on to the next race.”

F. On the summary screen, before the ballot has been marked:

“Summary Screen

Your selections for each race are listed below. To change your selections, touch the box for that race. To mark your ballot with these selections, touch ‘NEXT’ at the bottom of the screen.”

G. Marking ballot instructions:

“To mark your votes on your ballot:

1. Press the MARK BALLOT button below.
2. Your votes will be marked on your ballot and your ballot will be returned to you.
3. Put your ballot in the ballot counter or ballot box.”

H. While the ballot is being printed: “Your votes are being marked on your ballot.”

I. Thank you: “Thank you for using this ballot marking device. Please remove your ballot. Put it into the ballot counter or ballot box to have it counted.”

J. If the ballot is not readable: “The ballot marking device cannot read your ballot. Please try again or contact an election judge for assistance.”

K. If there is a paper jam: “There is a paper jam. Please contact an election judge.”

L. If the voter tries to exit before the ballot is marked: “Exit now and your votes will not be marked on your ballot. Are you sure you want to exit?”

M. If the voter exits without having the ballot marked: “Thank you for using this ballot marking device. Please remove your blank ballot.”

N. In partisan primary elections, the following instructions shall appear after the voter instruction screen:

“SELECT A POLITICAL PARTY

Instructions to Voters

You are only allowed to vote for the candidates of one political party for partisan offices in a primary election. Please select a political party below. No record will be made of your political party choice. Your selection will only be used to direct you to the proper ballot information. You will only see the names of candidates who are with the political party you choose. To see the names of candidates in other political parties, use the back button or left arrow button. At the screen called ‘Select a Political Party,’ choose a different political party.”

O. When a voter inserts a ballot on which votes have already been marked: “Votes have already been marked on your ballot. If you thought you were using a blank ballot, please press EXIT to eject your ballot. Then contact an election judge for a new ballot. To review the selections on this ballot, press the NEXT arrow button to view a summary page. Note: you cannot use this ballot marking device to change any of these selections.”

P. On the summary screen after the ballot has been marked:

“Summary Screen

Your selections for each race are listed below. Your ballot has already been marked. It cannot be changed by this ballot marking device. When you have reviewed your selections, press the RETURN BALLOT button below to eject your ballot. To change a selection, you will need to request a new ballot from an election judge.”

Subp. 2. Audio instructions. The instructions must be as follows:

A. Before a ballot is inserted: “Please insert your ballot. It may take up to 30 seconds for the ballot to be scanned. Please wait. The audio will be silent while scanning.”

B. The presentation of the voting instructions:

“[Month, Day, Year] [Primary or General or Special Primary or Special] Election. Official Ballot.

You are voting ballot……………

Voting Instructions.

This ballot marking device will guide you through choosing candidates in each race on the ballot. This ballot marking device can be controlled in several ways, including a small keypad that is located to the right of the screen. The buttons are labeled in Braille. At the far right, there are four buttons in a vertical line. The bottom button adjusts the volume when pushed left or right. The button above it adjusts the speed of the audio when pressed left or right. The round button repeats the last set of instructions. The top diamond button turns the display screen on or off for privacy. The instructions will begin again from the beginning if you use any of the top three buttons. To the left of these buttons, you will find a square center button with four arrow buttons surrounding it. Press the right arrow button at any time to skip to the next screen. Press the down arrow button to hear the name of the next candidate in the race. Press the up arrow button to hear the name of the previous candidate in the race. When you hear the name of the candidate you want to vote for, press the square select button in the center to select the candidate. Press the right arrow button to move to the next race on the ballot. Press the left arrow button to move to the previous race on the ballot. If you need help, please talk to an election judge. When you have completed your ballot, you will hear a summary of your selections. Listen to the summary carefully before completing the final step of marking your ballot. Remove your ballot and deposit it in the ballot counter or ballot box. To exit without marking votes on your ballot, press the diamond-shaped screen button four times in a row. Press the right arrow button now to begin voting. Press the round repeat button to hear these instructions again.”

C. If a voter tries to make a selection without having heard the names of all of the candidates: “Warning. You did not hear all candidates in this race. To hear the rest, press the left arrow key. To continue on to the next race, press the right arrow key.”

D. If a voter tries to vote for more than the number of candidates allowed in a multiseat race: “You have selected more candidates than are allowed in this race. Deselect at least one of the candidates you have selected before selecting another. Press the square select key or the left arrow to return to the race.”

E. If a voter tries to move on to the next race without selecting the maximum number of candidates allowed: “Warning. You are allowed to vote for more candidates in this race than you have selected. To return to this race to select more candidates, please press the left arrow key. To continue on to the next race, press the right arrow key.”

F. With the summary screen, before the ballot has been marked: “This is the summary screen. Use the up and down arrow keys to scroll through each race and hear your selections. If you want to change a selection, use the square select key to return to that race. If you like your selections, press the right arrow key.”

G. Marking ballot instructions: “To mark your votes on your ballot: 1. Press the square select key. 2. Your votes will be marked on your ballot and your ballot will be returned to you. 3. Put your ballot in the ballot counter or ballot box. To change a selection, use the left arrow key to return to the summary screen. To exit without marking your votes on your ballot, use the left arrow key until you hear the exit message. Follow the instructions. Your blank ballot will be returned to you.”

H. Write-in instructions: “You have chosen to input a write-in candidate. Use the up and down arrows to scroll through the letters. Use the select key to select a letter. The hyphen, space, and backspace appear after the Z. Use backspace to remove a letter. At any time, you can press the round repeat key to hear the letters you have selected so far. When you are finished typing, press the right arrow key to return to the list of candidates in this race. Then select this write-in candidate. To cancel and return to the race without typing in a name of a write-in candidate, press the left arrow key. Press the down arrow now to begin moving through the alphabet. To repeat these instructions, press the round repeat key.”

I. While the ballot is being printed: “Your votes are being marked on your ballot. Please wait. It should take about 15 seconds. Your ballot will then be returned to you. Put your ballot into the ballot counter or ballot box.”

J. Thank you: “Thank you for using the ballot marking device. Please remove your ballot. Put it into the ballot counter or ballot box to have it counted. If you need help, please talk to an election judge.”

K. If the ballot is not readable: “This ballot marking device cannot read your ballot. Please try again or contact an election judge for assistance.”

L. If there is a paper jam: “There is a paper jam. Please contact an election judge.”

M. If the voter tries to exit before the ballot is marked: “Exit now and your votes will not be marked on your ballot. Press the left arrow key to return to voting. Press the right arrow key to exit and receive your blank ballot.”

N. If the voter exits without having the ballot marked: “Thank you for using this ballot marking device. Please remove your blank ballot.”

O. In partisan primary elections, the following instructions shall appear after the voter instruction screen:

“SELECT A POLITICAL PARTY.

Instructions to Voters.

You are only allowed to vote for the candidates of one political party for partisan offices in a primary election. On this screen you will select a political party. No record will be made of your political party choice. Your selection will only be used to direct you to the proper ballot information. You will only hear the names of candidates who are with the political party you choose. To hear the names of candidates in other political parties, use the left arrow button until you get to a screen called ‘Select a Political Party.’ Then choose a different political party.”

P. When a voter inserts a ballot on which votes have already been marked: “Votes have already been marked on your ballot. If you thought you were using a blank ballot, please press the left arrow key twice to eject your ballot. Then contact an election judge for a new ballot. To review the selections on this ballot, press the right arrow key to view a summary page. Note: you cannot use this ballot marking device to change any of these selections.”

Q. With the summary screen after the ballot has been marked: “This is the Verification Screen. Use the up and down arrow keys to scroll through each race and hear your selections. When you are finished, press the right arrow key to eject your ballot. If you want to change your selections, you will need to request a new ballot from an election judge.”

Subp. 3. Brand name. The brand name of the ballot marking device may be substituted for the words “the ballot marking device” and “this ballot marking device” throughout the instructions.

Statutory Authority: MS s 206.84

History: 34 SR 1561

 

8220.2865. Instructions for Ballot Marking Devices Originally Certified On or After January 1, 2010.

Each ballot marking device originally certified by the secretary of state on or after January 1, 2010, must deliver substantially the same text and audio instructions as required in part 8220.2860. At the time of any certification after January 1, 2010, the secretary of state must approve any alternate text and audio instructions conforming with part 8220.2860 to the extent practicable, which are necessary to accommodate the navigational method and presentation of the ballot to the voter which are unique to the device being certified. Alternate instructions approved during the certification process must be used for all following elections at which the device is used.

Statutory Authority: MS s 206.84

History: 34 SR 1561

 

8220.2900. [Repealed, 10 SR 1690]

 

8220.2950. [Repealed, 23 SR 459]

 

8220.3000. [Repealed, 10 SR 1690]

 

8220.3050. [Repealed, 23 SR 459]

 

8220.3100. [Repealed, 10 SR 1690]

 

8220.3150. [Repealed, 23 SR 459]

 

8220.3200. [Repealed, 10 SR 1690]

 

8220.3250. [Repealed, 23 SR 459]

 

8220.3350. [Repealed, 23 SR 459]

 

8220.3450. [Repealed, 23 SR 459]

 

8220.3550. [Repealed, 23 SR 459]

 

8220.3650. [Repealed, 23 SR 459]

 

8220.3750. [Repealed, 23 SR 459]

 

8220.3850. [Repealed, 23 SR 459]

 

8220.3950. [Repealed, 23 SR 459]

 

8220.4000. [Repealed, 10 SR 1690]

 

8220.4050. [Repealed, 23 SR 459]

 

8220.4100. [Repealed, 10 SR 1690]

 

8220.4150. [Repealed, 23 SR 459]

 

8220.4200. [Repealed, 10 SR 1690]

 

8220.4250. [Repealed, 23 SR 459]

 

8220.4300. [Repealed, 10 SR 1690]

 

8220.4400. [Repealed, 10 SR 1690]

 

8220.4500. [Repealed, 10 SR 1690]

 

8220.4600. [Repealed, 10 SR 1690]

 

8220.4700. [Repealed, 10 SR 1690]

 

8220.4800. [Repealed, 10 SR 1690]

 

8220.5000. [Repealed, 10 SR 1690]

 

8220.5100. [Repealed, 10 SR 1690]

 

8220.5200. [Repealed, 10 SR 1690]

 

8220.5300. [Repealed, 10 SR 1690]

 

8220.5400. [Repealed, 10 SR 1690]

 

8220.5500. [Repealed, 10 SR 1690]

 

8220.5600. [Repealed, 10 SR 1690]

 

8220.5700. [Repealed, 10 SR 1690]

 

8220.5800. [Repealed, 10 SR 1690]

 

8220.5900. [Repealed, 10 SR 1690]

 

8220.6000. [Repealed, 10 SR 1690]

 

8220.6100. [Repealed, 10 SR 1690]

 

8220.6200. [Repealed, 10 SR 1690]

 

8220.6300. [Repealed, 10 SR 1690]

 

8220.6400. [Repealed, 10 SR 1690]

Return to Top

CHAPTER 8230 – OPTICAL SCAN VOTING SYSTEMS

NOTE: See part 8220.0250 for definitions applicable to this chapter.

 

BALLOTS AND VOTING

8230.0050. Applicability.

Chapters 8220 and 8230 apply to optical scan voting systems.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459; 25 SR 616

 

8230.0150. Procedures.

Unless otherwise provided for in chapters 8220 and 8230 or in Minnesota law, paper ballot procedures as provided in Minnesota election law must be followed to the extent possible.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459; 25 SR 616

 

8230.0200. [Repealed, 10 SR 1690]

 

8230.0250. Arrangement of Voting Stations.

Election jurisdictions may provide self-contained voting stations for use by voters in casting their ballots. If a voter claims that the arrangement of the stations does not afford the opportunity to vote in secrecy, the judges shall rearrange the stations to provide for increased secrecy.

Statutory Authority: MS s 206.57; 206.81; 206.84

History: 10 SR 1690; 17 SR 8; 20 SR 2787; 23 SR 459; 25 SR 616

 

8230.0300. [Repealed, 10 SR 1690]

 

8230.0350. [Repealed, 23 SR 459]

 

8230.0400. [Repealed, 10 SR 1690]

 

8230.0450. [Repealed, 23 SR 459]

 

8230.0500. [Repealed, 10 SR 1690]

 

8230.0550. [Repealed, 23 SR 459]

 

8230.0560. Ballots.

Ballots must meet or exceed the specifications the equipment manufacturer has filed with the secretary of state. The election official responsible for preparing the ballots must supply to the ballot printer the equipment manufacturer’s recommended standards and specifications for ballot printing.

The ballots must be stored in a manner to protect against moisture.

The local election official must certify to the county auditor the number of ballots received for each ballot style. The local election official or county auditor shall package the ballots for each precinct in groups of 25, 50, or 100 and seal or place the ballots into a package or transfer case. The package or transfer case must contain a certificate stating the number of ballots it contains. All ballots not issued to a precinct or assigned for absentee voting must be secured and accounted for by the official conducting the election. The official conducting the election must maintain a record of the number of ballots issued to each precinct. The ballots must be delivered to the chief election judge of each precinct.

Statutory Authority: MS s 206.84

History: 23 SR 459; 25 SR 616; 34 SR 1561

 

8230.0570. Ballot Secrecy Covers.

The ballot secrecy cover must be of sufficient size and construction so that when the ballot is inserted in it all portions indicating voting marks are hidden from view.

Statutory Authority: MS s 206.84

History: 23 SR 459; 25 SR 616

 

8230.0580. Supplies.

A ballot box must be provided to each precinct for the deposit of voted ballots.

The following items must be included in the precinct supplies:

A. the sample ballot for the precinct;

B. ballot secrecy covers;

C. envelopes marked “spoiled ballots,” “write-in ballots,” and “ballots for which duplicates were or are to be made”;

D. a form to record write-in votes if needed; and

E. a set of instructions for operating the precinct on election day.

In election jurisdictions using central count voting systems, an envelope marked “defective ballots” also must be provided to each precinct.

Statutory Authority: MS s 206.57; 206.84

History: 23 SR 459; 25 SR 616

 

8230.0650. Voting Procedure.

Every voter at the polling place must be offered a demonstration of how to mark the ballot and use the voting system.

The election judge shall not deliver a ballot to a voter until the judge has received a voter receipt. The voter receipt may contain an example of the target used on the ballot. The election judge must state or demonstrate how to complete the target as the ballot is handed to the voter. A writing instrument without an eraser that will produce marks that can be accurately read by the ballot counter must be provided to each voter.

Upon being issued a ballot and offered a ballot secrecy cover, the voter shall go to an unoccupied voting station and vote.

Upon leaving the voting station, the voter shall insert the ballot into the ballot counter or ballot box. The voter may choose to hand the ballot to an election judge who shall insert the ballot into the ballot counter or ballot box.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459; 25 SR 616

 

8230.0750. [Repealed, 23 SR 459]

 

8230.0850. Spoiled Ballots.

If a voter spoils a ballot by inadvertently defacing it or requests a new ballot, the voter shall hand the ballot to the election judge. The election judge may look at the ballot if necessary to determine what style of replacement ballot to give the voter. The election judge shall place the ballot in the spoiled ballot envelope and give the voter another ballot.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459

 

8230.0950. [Repealed, 23 SR 459]

 

8230.1000. [Repealed, 10 SR 1690]

 

8230.1050. Ballots Found in Voting Stations.

Any ballot found in a voting station must be marked “found in voting station.” The ballot must be placed in the spoiled ballot envelope. In no case may that ballot be placed with the properly cast ballots. A note of the occurrence must be made in the remarks section of the precinct incident report.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459

 

8230.1100. [Repealed, 10 SR 1690]

 

8230.1130. Examining and Processing Absentee Ballots.

The election judges shall examine the absentee ballots as they are removed from the secrecy envelopes. Ballots requiring duplication must be duplicated as provided in part 8230.3850.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459; 40 SR 1553

 

8230.1150. Procedures Following Close of Polls.

Subpart 1. Ballots not issued, secured. All ballots which are not issued to voters must be secured for return to the official in charge of the election for the election jurisdiction.

Subp. 2. [Repealed, 23 SR 459]

Subp. 3. Total number of voters. The total number of voters, determined pursuant to Minnesota Statutes, section 204C.20, subdivision 1, must be entered on the summary statement.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459

 

8230.1200. [Repealed, 10 SR 1690]

 

8230.1250. [Repealed, 23 SR 459]

 

8230.1300. [Repealed, 10 SR 1690]

 

8230.1350. Write-In Votes.

At a general election, each ballot must be examined either electronically or manually for write-in votes.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459

 

8230.1400. [Repealed, 10 SR 1690]

 

8230.1450. Use of Stickers Prohibited.

A sticker may not be affixed to a ballot that will be placed into a ballot box or ballot counter for any reason.

Statutory Authority: MS s 206.57; 206.81; 206.84

History: 10 SR 1690; 23 SR 459; 34 SR 1561

 

8230.1500. [Repealed, 10 SR 1690]

 

8230.1550. [Repealed, 23 SR 459]

 

8230.1600. [Repealed, 10 SR 1690]

 

8230.1650. [Repealed, 23 SR 459]

 

8230.1700. [Repealed, 10 SR 1690]

 

8230.1750. [Repealed, 23 SR 459]

 

8230.1800. [Repealed, 10 SR 1690]

 

8230.1850. Defective Ballot.

If a ballot has been damaged, the election judges may duplicate and count it. The damaged ballot must be placed in the duplicate ballot envelope. If it is clearly evident from examination of the ballot that the ballot has been damaged or marked for the purpose of distinguishing it, then the ballot is defective and may not be counted. The ballot must be placed in the defective ballot envelope and returned to the official in charge of the election for the election jurisdiction.

Statutory Authority: MS s 206.57; 206.81; 206.84

History: 10 SR 1690; 23 SR 459; 25 SR 616

 

8230.1860. Experimental Procedures.

The secretary of state may authorize the experimental use of alternate procedures for optical scan voting systems.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459

 

8230.1900. [Repealed, 10 SR 1690]

 

8230.1950. [Repealed, 23 SR 459]

 

8230.2000. [Repealed, 10 SR 1690]

 

PROCEDURES FOR CENTRAL COUNT OPTICAL SCAN VOTING SYSTEMS

8230.2010. Applicability.

Parts 8230.2010 to 8230.4150 apply to central count optical scan voting systems used in central counting centers.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459

 

8230.2020. Election Judge Duties.

The vote totals for central count optical scan voting systems may be certified by either the election judges who served in the precinct or a set of election judges specifically appointed to serve at the central counting center. When the polling place closes, the election judges designated by the official conducting the election shall complete the steps in parts 8230.2030 to 8230.4150. If the vote totals are to be certified by the central counting center election judges, all processing of the ballots and certification of the returns at the central counting center must be done by the central counting center judges.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459

 

8230.2030. Polling Place Procedures.

A. At the polling place after voting hours have ended, the election judges shall open the ballot box, remove the ballots, and determine the total number of ballots in the box. If the number of ballots is greater than the number of persons voting and it is impossible to reconcile the numbers, the ballots must be replaced in the ballot box and one of the election judges shall publicly draw out a number of ballots equal to the excess. The excess ballots must be marked “excess” and placed in an envelope. The envelope then must be sealed. The judges shall write “excess ballots” on the outside of the envelope and put it in the transfer case. A notation of the pertinent facts must be made on the incident report. If the number of ballots counted is less than the number of persons voting, the reason for the discrepancy must be noted in the incident report. If the judges are unable to explain the discrepancy, they shall so state in the incident report.

B. The election judges must identify ballots that will need to be duplicated at the central counting center or process ballots requiring duplication prior to transporting them to the central counting center. Ballots requiring duplication must be duplicated as provided in part 8230.3850.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459

 

8230.2040. RECORDING VALID WRITE-IN VOTES.

If a valid write-in vote exists, the election judges shall determine whether the write-in vote has caused an overvote. If the write-in vote has caused an overvote, the ballot is defective for that office only.

If the write-in vote does not cause an overvote for that office, the election judges shall enter the candidate’s name and the office on the write-in vote tally sheet. The ballot must be placed with the other valid ballots for tabulation.

If the write-in vote causes an overvote for that office and the target next to the write-in vote is not completed, the election judges shall place the ballot in the envelope marked “ballots for which duplicates were or are to be made.” The manner of duplication is prescribed in part 8230.3850.

At the discretion of the county auditor, the processing of write-in ballots may be done at the central counting center or at the office of the local election official or county auditor rather than at the precinct polling place.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459

 

8230.2050. Items in Transfer Case.

Subpart 1. Content. The election judges shall place in the transfer case for delivery to the official conducting the election or central counting center all of the following items:

A. valid voted ballots;

B. envelope containing spoiled ballots;

C. envelope containing defective ballots;

D. envelope containing ballots for which duplicates were or are to be made for any reason;

E. envelopes with notations concerning any other issued ballots contained which are not to be counted;

F. certificate signed by the judges indicating number of ballots received, issued, and used;

G. summary statement or part of the summary statement provided to the election judges at the polling place;

H. incident report; and

I. write-in vote tally sheet if write-in votes were counted at the polling place.

Subp. 2. Second transfer case. If space in the transfer case is inadequate, then a second ballot box, transfer case, or container of a type approved by the election jurisdiction for storage of ballots must be used and the sealing and security handled in the same manner as the transfer case.

Subp. 3. Other containers. Any materials not listed in subpart 1 that the official conducting the election has designated for return to the official conducting the election or the central counting center must be placed in a separate container for delivery.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459

 

8230.2100. [Repealed, 10 SR 1690]

 

8230.2150. Certificate of Election Judges.

The election judges shall sign a “certificate of election judges.” The certificate must state:

A. the number of persons voting as shown on the summary statement;

B. that the order of the offices and questions to be voted on and the candidates’ names on the ballots were the same as on the sample ballot;

C. the number of ballots being submitted for tabulation;

D. that the ballots have been counted and agree with the number of names as shown on the summary statement;

E. the number of excess ballots, if any;

F. that all ballots requiring duplication are in the proper envelope;

G. that all write-in votes have been properly recorded, if this process was done on election night;

H. that all ballots used in the election and all ballots that have been or need to be duplicated have been placed in the transfer case and that the case was securely sealed in such a manner as to render it impossible to open the case without breaking the seal; and

I. the numbers of any seals used to seal the transfer case or cases.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459

 

8230.2200. [Repealed, 10 SR 1690]

 

8230.2250. Delivery of Transfer Case.

Subpart 1. Seal and certificate. The transfer case must be sealed with a seal so that it is impossible to open the case or insert or remove ballots without breaking the seal. Within or attached to the transfer case must be a certificate signed by the judges indicating its content, the precinct name, and the number of any seal used to seal the case.

Subp. 2. Delivery by two election judges. The transfer case containing the required items as identified in part 8230.2050 must be delivered to the official conducting the election, central counting center, or collection point for transportation to the official conducting the election or central counting center by two election judges, not of the same political party.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 20 SR 2787; 23 SR 459

 

8230.2300. [Repealed, 10 SR 1690]

 

8230.2350. [Repealed, 23 SR 459]

 

8230.2400. [Repealed, 10 SR 1690]

 

8230.2450. Retention of Ballots.

Ballots which are not issued to voters must be returned to the official conducting the election who shall retain them by precinct until the time for contest has expired.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459

 

8230.2500. [Repealed, 10 SR 1690]

 

8230.2600. [Repealed, 10 SR 1690]

 

8230.2610. [Repealed, 10 SR 1690]

 

8230.2700. [Repealed, 10 SR 1690]

 

8230.2800. [Repealed, 10 SR 1690]

 

8230.2900. [Repealed, 10 SR 1690]

 

8230.3000. [Repealed, 10 SR 1690]

 

8230.3050. [Repealed, 23 SR 459]

 

8230.3150. [Repealed, 23 SR 459]

 

8230.3250. [Repealed, 23 SR 459]

 

8230.3300. [Repealed, 10 SR 1690]

 

8230.3300. [Repealed, 10 SR 1690]

 

8230.3450. Preliminary Procedures.

The operators of the central count voting system shall take and subscribe to the election judges’ oath.

The state chair of a major political party or a designee may appoint by written certificate one person to be present in the immediate area of the central count voting system during all activities and operations of the center. The major political party representative may observe all procedures but may not interfere in any way and may not touch any voting system or ballot materials.

Persons assigned to administer the central counting center shall compare the seal number on the container containing the official test deck and predetermined results with that recorded in the certificate of the public accuracy test to see that they agree.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 17 SR 1279; 23 SR 459

 

8230.3500. [Repealed, 10 SR 1690]

 

8230.3550. Test of Program Before and During Tabulation.

Prior to the tabulation of ballots, the central counting center personnel shall test the voting system as to its accuracy and certify the results. The accuracy test must be conducted with the test deck designated in parts 8220.1050 and 8220.1150. A copy of each test certificate must accompany the results of the tabulation of the ballots and be filed with the county auditor in the county where the precincts are located.

Before tabulating the ballots, central counting center personnel shall run a zero report to verify that the initial counts for each precinct are zero.

Authorized central counting center personnel may at their discretion test the program using the official test deck periodically throughout the tabulation of ballots to verify that the voting system is operating accurately.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459

 

8230.3560. Use of Precinct Count Voting Systems at Central Counting Centers.

A. Central count voting systems must be used in central counting centers. One precinct count voting system and one memory unit may be used at a central counting center.

B. Results must be produced for each precinct by either (1) printing a separate summary statement for each precinct, or (2) producing segregated results for each precinct that can be identified and attached individually as part of a complete summary statement for each precinct.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459; 40 SR 1553

 

8230.3600. [Repealed, 10 SR 1690]

 

8230.3650. [Repealed, 23 SR 459]

 

8230.3700. [Repealed, 10 SR 1690]

 

8230.3750. Procedures for Transfer Cases.

Subpart 1. Identifying case. Upon receipt of the transfer case from the election judges of a precinct, authorized central counting center personnel shall check the identification on the transfer case to see that it matches the identification on the judges’ certificate. The transfer case must then be opened and checked to see that it contains the ballots and all other material required by parts 8230.0050 to 8230.4150. Authorized central counting center personnel must then sign a certificate acknowledging receipt of all materials delivered by the election judges.

Subp. 2. Delivery to central counting center. The transfer case containing the ballots must then be delivered to the proper central counting center personnel for preparation for tabulation. The election official in charge of the central counting center shall provide adequate security at the central counting center.

Subp. 3. [Repealed, 23 SR 459]

Subp. 4. Sealing after count. Immediately upon the completion of the counting of a precinct, all ballots for the precinct must be returned to the transfer case or other suitable container and sealed as to make it impossible to open the case without breaking the seal. The number of any seal used on a container must be written on the summary statement.

Subp. 5. Verifying number of ballots. The election official in charge of the central counting center shall determine whether the number of ballots tabulated by the central count voting system agrees with the number of ballots submitted by the election judges at the precinct. If a discrepancy exists, authorized central counting center personnel shall correct it. In the event the discrepancy cannot be resolved, a notation must be made of the pertinent facts on the statement of returns.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459

 

8230.3800. [Repealed, 10 SR 1690]

 

8230.3850. Duplication of Ballots.

Any ballots requiring duplication at the polling place or central counting center must be duplicated in the following manner:

A. Whenever a ballot is required to be duplicated, the duplication process must be performed by two election judges not of the same political party.

B. Whenever it is necessary to duplicate a ballot, the duplicate ballot and the original ballot must be identified with a single number written on both ballots. The number on the duplicate ballot must be the same number as on the original. When more than one ballot is being duplicated in a precinct, the numbering must be serial.

C. The reason for duplication must be written on the duplicate ballot. The election judges duplicating the ballot shall initial the duplicated ballot and the original ballot.

D. When duplicating a ballot, one election judge shall call from the original ballot the valid selections of the voter; another election judge shall prepare the duplicate ballot with the voter’s valid selections. The duplicate ballot must be compared against the original ballot to ensure it has been accurately duplicated.

E. All original ballots which require duplication must be placed in an envelope marked “ballots for which duplicates were or are to be made.” The duplicate ballot must be placed with the other valid ballots to be tabulated.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459

 

8230.3900. [Repealed, 10 SR 1690]

 

8230.3950. Summary Statements.

The election official in charge of the central counting center must prepare one or more summary statements. The summary statement must state the name of the county; the name of the municipality, school district, or special district; precinct name and code; offices; names of candidates; number of persons registered at 7:00 a.m. on election day; number of ballots counted; vote totals; and any other data required by the secretary of state. Authorized personnel in the central counting center shall enter this data into the election reporting system established by the secretary of state for the purpose of state reporting of election results. The summary statement may be a computer printout as well as any forms designated by the secretary of state.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 17 SR 8; 23 SR 459; 25 SR 616; 40 SR 1553

 

8230.4000. [Repealed, 10 SR 1690]

 

8230.4050. Distribution of Summary Statements.

The summary statements referred to in part 8230.3950 must be certified to the official conducting the election. The official conducting the election shall prepare one summary statement for each jurisdiction canvassing the results of the election. The official conducting the election may authorize the printing of copies of the summary statement for public information purposes. The official conducting the election shall prepare copies of any additional forms required by the secretary of state.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 17 SR 8; 23 SR 459; 25 SR 616; 38 SR 1368; 40 SR 1553

 

8230.4100. [Repealed, 10 SR 1690]

 

8230.4150. Retention of Ballots.

After the last precinct has been counted, the election official in charge of the central counting center shall retain ballots and related documents for one year for local elections and 22 months for federal elections unless otherwise ordered by a court order or recount procedure pursuant to Minnesota election laws.

Statutory Authority: MS s 206.57; 206.81

History: 10 SR 1690; 23 SR 459

 

8230.4200. [Repealed, 10 SR 1690]

 

8230.4250. [Repealed, 23 SR 459]

 

8230.4300. [Repealed, 10 SR 1690]

 

8230.4325. Applicability.

Parts 8230.4325 to 8230.4395 apply to precinct count optical scan voting systems used in precinct counting centers.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459

 

8230.4350. [Repealed, 23 SR 459]

 

8230.4355. Ballot Boxes for Precinct Counting Centers.

Ballot boxes used with precinct count voting systems may be separate or part of the ballot counting equipment provided that the ballot is fed directly into a locked or sealed ballot box. The ballot box may contain a compartment that receives ballots on which all votes have been counted except those for offices for which the write-in target has been completed. An auxiliary ballot box, that may be separate or an additional compartment, must be supplied to be used if the voting system fails to function or for ballots that cannot be read by the ballot counter.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459; 38 SR 1368

 

8230.4360. [Repealed, 40 SR 1553]

 

8230.4365. Precinct Count Voting System Equipment and Procedures.

Subpart 1. Number of ballot counters and memory units.

A. At least one precinct count voting system and at least one memory unit must be used in each precinct. One precinct count voting system and one memory unit may be used to count ballots for combined precincts.

B. Results must be produced for each precinct by either (1) printing a separate summary statement for each precinct, or (2) producing segregated results for each precinct that can be identified and attached individually as part of a complete summary statement for each precinct. The voted ballots must be separated and sealed by precinct.

Subp. 2. Procedure before polls open. Each ballot counter must be tested to ensure that the components are operating properly. The election judges shall verify that the ballot counter at the precinct polling place has the correct seal number and certify the seal number on the summary statement.

Before opening the polls, the election judges shall initialize the ballot counter in accordance with the manufacturer’s instructions. The judges shall verify that the initial counts are zero, that the public counter is set at zero, and that the order of the offices and questions to be voted on and the candidates’ names on the zero tape is the same as their order on the ballot for that precinct.

Subp. 3. Procedures during voting hours. Ballot counters must be programmed to return to the voter a ballot having an overvote or votes for candidates of more than one political party in a partisan primary election. Ballot counters must be programmed to print a message describing the error on a paper tape or to display the error message electronically. If the voting system is capable of emitting an audible signal while electronically displaying the error message, it must do so. The election judges shall read the error message to the voter and may explain the conditions that cause a ballot to be rejected, but the judges shall not examine the voted ballot unless the voter requests assistance or it is necessary to determine what style of replacement ballot must be given to the voter.

If the voter wants to change the rejected ballot, the election judge shall treat the rejected ballot as a spoiled ballot, place the rejected ballot in the spoiled ballot envelope, and issue the voter a new ballot.

If the voter does not want to change the rejected ballot, the election judge shall override the rejection of the ballot. No means of overriding the rejection of a ballot having defects may be used that does not meet the conditions in items A to C.

A. The override must be protected against being inadvertently activated.

B. The override must not allow more than one ballot to be processed each time it is operated.

C. An override message must be printed on the results tape, or be displayed electronically while the voting system emits an audible signal, each time the override is operated.

Subp. 4. Error messages. The following messages are sufficient for optical scan voting systems to print or display for the described errors or actions:

A. overvote for (voting system will supply and print the name of the overvoted office);

B. overvote for multiple offices;

C. crossover vote; and

D. ballot overridden.

Subp. 5. Opening ballot box during voting hours. Two election judges of different political parties may open the ballot boxes on election day to straighten or remove the voted ballots but they shall not count or inspect the ballots. If removing ballots, the election judges shall put the ballots taken from the ballot box’s main compartment into containers and seal them. If the ballot box contains a compartment for write-in ballots, the judges shall put the ballots taken from the ballot box’s write-in compartment into containers separate from the other ballots and seal them. The judges shall label the ballot containers and store them in a secure location. The judges shall note on the incident report the fact that the ballot box was opened, the time the box was opened, and, if applicable, the numbers of any seals used to seal the ballot containers.

Subp. 6. Procedures after voting has ended. As soon as voting has ended, the election judges shall process any ballots in the auxiliary ballot box and then secure the ballot counter against receiving any more ballots. The election judges must inspect the seals on each ballot counter to ensure that they have not been altered and are intact and that the seal numbers agree with the numbers as verified at the opening of the polls. Any discrepancy must be noted in the incident report.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459; 25 SR 616; 34 SR 1561; 38 SR 1368; 40 SR 1553

 

8230.4370. Counting Ballots.

The election judges shall open the ballot box and any overflow containers, remove the ballots, and determine the total number of ballots. If the election judges determine that the total number of ballots is greater than the number of persons voting and that it is impossible to reconcile the numbers, the judges shall follow the procedures in Minnesota Statutes, section 206.86.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459

 

8230.4375. Write-In Votes.

A. At a general election, after the ballot counter has been secured against receiving additional ballots, election judges shall determine if a write-in vote exists.

B. If a valid write-in vote exists, the election judges shall determine whether the write-in vote has caused an overvote. If the write-in vote has caused an overvote, the ballot is defective for that office only.

C. If a write-in vote is determined to be valid and no overvote condition exists, the election judges shall enter the candidate’s name and the office on the write-in vote tally sheet.

D. At the discretion of the county auditor, the processing described in items B and C may be done at the office of the local election official or county auditor rather than at the precinct polling place.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459; 38 SR 1368

 

8230.4380. Summary Statement.

One unbroken tape that includes the zero report at the opening of the polls, messages printed during the hours of voting, and the first printout of results must be certified to the official conducting the election. In the event of equipment or power failure, the election judges and any technicians working on the equipment shall make entries on the tape of initials and time of occurrence to indicate the points at which the equipment failed and was returned to service. If the tape has been broken, the election judges shall seal the parts together and sign over the seal so that it cannot be broken without disturbing the continuity of the signatures. The election judges shall prepare the number of summary statements directed by the official conducting the election. The official conducting the election may authorize the printing of copies of the summary statement for public information purposes. The official conducting the election shall prepare copies of any additional forms required by the secretary of state.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459; 38 SR 1368; 40 SR 1553

 

8230.4385. Transfer Case Procedures.

Subpart 1. Content. The election judges shall place in the transfer case for delivery to the official conducting the election all of the following items:

A. valid voted ballots;

B. envelope containing spoiled ballots;

C. envelope containing ballots for which duplicates were made; and

D. envelopes with notations concerning any other issued ballots contained which are not to be counted.

Subp. 2. Second transfer case. If space in the transfer case is inadequate, then a second ballot box, transfer case, or container of a type approved by the election jurisdiction for storage of ballots must be used and the sealing and security handled in the same manner as the transfer case.

Subp. 3. Other containers. The summary statement, incident report, write-in vote tally sheet if write-in votes were counted at the polling place, and any materials not listed in subpart 1 that the official conducting the election has designated for return to the official must be placed in a separate container or containers for delivery.

Subp. 4. Sealing transfer case. A transfer case must be sealed with a seal so that it is impossible to open the case or to insert or remove ballots without breaking the seal. Within or attached to the transfer case must be a certificate signed by the judges indicating its contents, the precinct name, and the number of any seals used to seal the case or cases.

Subp. 5. Delivery of transfer case. The transfer case containing the required items as identified in this part must be delivered by one or more election judges to the official conducting the election or to the collection point for transportation to the official.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459; 38 SR 1368

 

8230.4390. Certificate of Election Judges.

The election judges shall sign a “certificate of election judges.” The certificate must state:

A. the number of persons voting as shown on the summary statement;

B. that the order of the offices and questions to be voted on and the candidates’ names on the ballots was the same on the zero tape and the sample ballot;

C. the number of ballots in the transfer case;

D. that the ballots have been counted and agree with the number of names as shown on the summary statement or that any discrepancy has been noted on the incident report;

E. the number of excess ballots, if any;

F. that all ballots requiring duplication were duplicated and are in the proper envelope;

G. that the number of write-in votes for each office has been properly recorded, if this process was done at the polling place;

H. that all ballots used in the election and all ballots that have been duplicated have been placed in the transfer case and the case was securely sealed with an official seal in such a manner as to render it impossible to open the case without breaking the seal; and

I. the numbers of any seals used to seal the transfer cases.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459; 25 SR 616

 

8230.4395. Retention of Ballots.

Ballots which are not issued to voters must be returned to the official conducting the election who shall retain them by precinct until the time for contest has expired.

Statutory Authority: MS s 206.57; 206.81

History: 23 SR 459

 

8230.4400. [Repealed, 10 SR 1690]

 

8230.5000. [Repealed, 10 SR 1690]

 

8230.5100. [Repealed, 10 SR 1690]

 

8230.5200. [Repealed, 10 SR 1690]

 

8230.5300. [Repealed, 10 SR 1690]

 

8230.5400. [Repealed, 10 SR 1690]

 

8230.5500. [Repealed, 10 SR 1690]

 

8230.5600. [Repealed, 10 SR 1690]

 

8230.5700. [Repealed, 10 SR 1690]

 

8230.5800. [Repealed, 10 SR 1690]

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CHAPTER 8235 – RECOUNTS

8235.0200. Recounts.

This chapter establishes procedures for the conduct of all publicly funded and discretionary recounts provided for in Minnesota Statutes, sections 204C.35 and 204C.36. The secretary of state or secretary of state’s designee is the recount official for recounts conducted by the State Canvassing Board. The county auditor or auditor’s designee is the recount official for recounts conducted by the county canvassing board. The county auditor or auditor’s designee shall conduct recounts for county offices. The municipal clerk or clerk’s designee is the recount official for recounts conducted by the municipal governing body. The school district clerk or clerk’s designee is the recount official for recounts conducted by the school board, or by a school district canvassing board as provided in Minnesota Statutes, section 205A.10, subdivision 5. A recount official may delegate the duty to conduct a recount to a county auditor or municipal clerk by mutual consent. When the person who would otherwise serve as recount official is a candidate or is the spouse, child, parent, grandparent, grandchild, stepparent, stepchild, sibling, half-sibling, or stepsibling of a candidate for the office to be recounted, the appropriate canvassing board shall select a county auditor or municipal clerk from another jurisdiction to conduct the recount. “Legal adviser” means counsel to the recount official and the canvassing board for the office being recounted. The scope of a publicly funded or discretionary recount is limited to the recount of the ballots cast and the declaration of the person nominated or elected. The ballots in the envelope labeled “Original ballots from which duplicates are to be or were made” are not within the scope of the recount and this envelope must not be opened during the recount.

Statutory Authority: MS s 204C.361

History: 8 SR 1348; 12 SR 2215; 17 SR 8; 34 SR 1561; 38 SR 1368

 

8235.0300. Notice.

Within 24 hours after determining that a publicly funded recount is authorized and requested, or within 48 hours of receipt of a written request for a discretionary recount and filing of a security deposit if one is required, the official in charge of the recount shall send notice to the candidates for the office to be recounted and the county auditor of each county wholly or partially within the election district. The notice must include the date, starting time, and location of the recount, the office to be recounted, and the name of the official performing the recount. The notice must state that the recount is open to the public.

Statutory Authority: MS s 204C.361

History: 8 SR 1348; 19 SR 593; 38 SR 1368

 

8235.0400. Securing Ballots and Materials.

The official who has custody of the voted ballots is responsible for keeping secure all election materials. Registration cards of voters who registered on election day may be processed as required by part 8200.2700. All other election materials must be kept secure by precinct as returned by the election judges until all recounts have been completed and until the time for contest of election has expired.

Statutory Authority: MS s 204C.361

History: 8 SR 1348; 34 SR 1561

 

8235.0500. [Repealed, 34 SR 1561]

 

8235.0600. Facilities and Equipment.

All recounts must be accessible to the public. In a multicounty recount the secretary of state may locate the recount in one or more of the election jurisdictions or at the site of the canvassing board. Each election jurisdiction where a recount is conducted shall make available without charge to the recount official or body conducting the recount adequate accessible space and all necessary equipment and facilities.

Statutory Authority: MS s 204C.361

History: 8 SR 1348; 34 SR 1561

 

8235.0700. General Procedures.

At the opening of a recount the recount official or legal adviser shall present the procedures contained in this rule for the recount. The custodian of the ballots shall make available to the recount official the precinct summary statements, the precinct boxes or the sealed containers of voted ballots, and any other election materials requested by the recount official. If the recount official needs to leave the room for any reason, the recount official must designate a deputy recount official to preside during the recount official’s absence. A recount official must be in the room at all times. The containers of voted ballots must be unsealed and resealed within public view. No ballots or election materials may be handled by candidates, their representatives, or members of the public. There must be an area of the room from which the public may observe the recount. Cell phones and video cameras may be used in this public viewing area, as long as their use is not disruptive. The recount official shall arrange the counting of the ballots so that the candidates and their representatives may observe the ballots as they are recounted. Candidates may each have one representative observe the sorting of each precinct. One additional representative per candidate may observe the ballots when they have been sorted and are being counted pursuant to part 8235.0800, subpart 2. Candidates may have additional representatives in the public viewing area of the room. If other election materials are handled or examined by the recount officials, the candidates and their representatives may observe them. The recount official shall ensure that public observation does not interfere with the counting of the ballots. The recount official shall prepare a summary of the recount vote by precinct.

Statutory Authority: MS s 204C.361

History: 8 SR 1348; 34 SR 1561

 

8235.0800. Counting and Challenging Ballots.

Subpart 1. Breaks in counting process. Recount officials may not take a break for a meal or for the day prior to the completion of the sorting, counting, review, and labeling of challenges, and secure storage of the ballots for any precinct. All challenged ballots must be stored securely during breaks in the counting process.

Subp. 2. Sorting ballots. Ballots must be recounted by precinct. The recount official shall open the sealed container of ballots and recount them in accordance with Minnesota Statutes, section 204C.22. The recount official must review each ballot and sort the ballots into piles based upon the recount official’s determination as to which candidate, if any, the voter intended to vote for: one pile for each candidate that is the subject of the recount and one pile for all other ballots (those for other candidates, overvotes, undervotes, etc.). During the sorting, a candidate or candidate’s representative may challenge the ballot if he or she disagrees with the recount official’s determination of for whom the ballot should be counted and whether there are identifying marks on the ballot. At a recount of a ballot question, the manner in which a ballot is counted may be challenged by the person who requested the recount or that person’s representative. Challenges may not be automatic or frivolous and the challenger must state the basis for the challenge pursuant to Minnesota Statutes, section 204C.22. Challenged ballots must be placed into separate piles, one for ballots challenged by each candidate. A challenge is frivolous if it is based upon an alleged identifying mark other than a signature or an identification number written anywhere on the ballot or a name written on the ballot completely outside of the space for the name of a write-in candidate.

Subp. 3. Counting ballots. Once ballots have been sorted, the recount officials must count the piles using the stacking method described in Minnesota Statutes, section 204C.21. A candidate or candidate’s representative may immediately request to have a pile of 25 counted a second time if there is not agreement as to the number of votes in the pile.

Subp. 4. Reviewing and labeling challenged ballots. After the ballots from a precinct have been counted, the recount official may review the challenged ballots with the candidate or the candidate representative. The candidate representative may choose to withdraw any challenges previously made. The precinct name, the reason for the challenge, and the name of the person challenging the ballot (or the candidate that person represents), and a sequential number must be marked on the back of each remaining challenged ballot before it is placed in an envelope marked “Challenged Ballots.” After the count of votes for the precinct has been determined, all ballots except the challenged ballots must be resealed in the ballot envelopes and returned with the other election materials to the custodian of the ballots. The recount official may make copies of the challenged ballots. After the count of votes for all precincts has been determined during that day of counting, the challenged ballot envelope must be sealed and kept secure for presentation to the canvassing board.

Statutory Authority: MS s 204C.361

History: 8 SR 1348; 17 SR 8; 34 SR 1561

 

8235.0900. [Repealed, 23 SR 459]

 

8235.1000. [Repealed, 34 SR 1561]

 

8235.1100. Canvassing Board.

The recount official shall present the summary statement of the recount and any challenged ballots to the canvassing board. The candidate or candidate representative who made the challenge may present the basis for the challenge to the canvassing board. The canvassing board shall rule on the challenged ballots and incorporate the results into the summary statement. The canvassing board shall certify the results of the recount. Challenged ballots must be returned to the election official who has custody of the ballots.

Statutory Authority: MS s 204C.361

History: 8 SR 1348

 

8235.1200. Security Deposit.

When a bond, cash, or surety for recount expenses is required by Minnesota Statutes, section 204C.35 or 204C.36, the governing body or recount official shall set the amount of security deposit at an amount which will cover expected recount expenses. In multicounty districts, the secretary of state shall set the amount taking into consideration the expenses of the election jurisdictions in the district and the expenses of the secretary of state. The security deposit must be filed during the period for requesting a discretionary recount. In determining the expenses of the recount, only the actual recount expenditures incurred by the recount official and the election jurisdiction in conducting the recount may be included. General office and operating costs may not be taken into account.

Statutory Authority: MS s 204C.361

History: 8 SR 1348; 38 SR 1368

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CHAPTER 8240 – ELECTION JUDGE TRAINING PROGRAM

8240.0100. Definitions.

Subpart 1. Scope. Terms used in this chapter have the meanings given them.

Subp. 2. Election cycle. “Election cycle” means the period from January 1 of an even-numbered year until December 31 of an odd-numbered year.

Subp. 3. Home county. “Home county” means the county where the administrative offices of a municipality or school district are located.

Subp. 4. Municipal clerk. “Municipal clerk” means the person authorized or required to administer elections in a municipality.

Subp. 5. School district clerk. “School district clerk” means the person authorized or required to administer the school district election.

Subp. 6. Training authority. “Training authority” means a county auditor and designees or the municipal election official to whom the county auditor has delegated election judge training duties.

Subp. 7. Training program. “Training program” means a system of instruction to promote the competence of election officials by supplying necessary information to improve election-related skills.

Statutory Authority: MS s 204B.25

History: 20 SR 2787; 25 SR 112

 

8240.0200. Scope.

Subpart 1. Election judge training. Parts 8240.1100 and 8240.1300 to 8240.2500 establish the program for training election judges required by Minnesota Statutes, section 204B.25.

Subp. 2. Municipal clerk training. Part 8240.2700 establishes the program for training municipal clerks required by Minnesota Statutes, section 204B.25, subdivision 4.

Subp. 3. School district clerk training. Part 8240.2800 establishes the program for training school district clerks required by Minnesota Statutes, section 204B.25, subdivision 4.

Subp. 4. County auditor certification. Part 8240.2900 establishes the program for certifying county auditors in election administration required by Minnesota Statutes, section 204B.27, subdivision 10.

Subp. 5. Minimum standards.

A. This chapter is the minimum standard required for training conducted under Minnesota Statutes, sections 204B.25 and 204B.27, subdivision 10.

B. When a part in this chapter establishes a specific length of time for a training course, the length of the course must be the shorter of the length specified or the length of time necessary to cover the content required for that course.

C. Nothing in this chapter restricts training authorities from implementing training programs more comprehensive than are required by this chapter.

Statutory Authority: MS s 204B.25

History: 20 SR 2787; 25 SR 112

 

8240.0300. Proficiency Demonstration.

To successfully complete a course required by this chapter, a person must take the entire course and demonstrate proficiency to the person teaching the course. A person may demonstrate proficiency through completion of self-administered worksheets, hands-on demonstrations, or other methods approved by the secretary of state. A person may consult the training materials provided during a training course while demonstrating proficiency for that course. The secretary of state must not require the use of graded or pass/fail tests to determine proficiency.

Statutory Authority: MS s 204B.25

History: 25 SR 112

 

8240.1000. [Repealed, 20 SR 2787]

 

8240.1050. Election Conference.

An auditor shall attend an election conference given by the secretary of state once every election cycle.

Statutory Authority: MS s 204B.25

History: 25 SR 112

 

8240.1100. ‘‘Train the Trainer’’ Session.

Before each state primary election, each training authority shall attend training on adult education methods (i.e. “Train the Trainer” classes) conducted by the secretary of state. If a county auditor delegates the duty to train election judges to a municipal election official and an election is to take place in that municipality before the next training conference held by the secretary of state, the county auditor shall train the municipal election official in administration of a training program.

“Train the trainer” classes given by an individual other than a county auditor or the secretary of state may fulfill the requirements of this part if the person taking the class submits a course description to the secretary of state and the secretary determines, based upon that course description, that the training covers adult education methods.

Statutory Authority: MS s 204B.25

History: 25 SR 112

 

8240.1200. Training Program.

A training program consists of a basic training course; a head election judge training course; an emergency training course for election judges and head election judges; in municipalities conducting absentee voting pursuant to Minnesota Statutes, section 203B.11, a health care facility absentee voting course; any other election judge training course required by the training authority; a course on adult education methods; a municipal clerk election administration training course; a school district clerk election administration training course; and a county auditor election administration course. The person responsible for training may design the courses to meet the election conditions peculiar to the jurisdiction, but the courses must meet at least the minimum standards in parts 8240.1600 to 8240.2900.

Statutory Authority: MS s 204B.25

History: 25 SR 112

 

8240.1300. Election Judge Basic Training Requirement.

Subpart 1. Election judge basic training course. To serve as an election judge, a person must successfully complete a basic training course that meets the requirements of part 8240.1600.

Subp. 2. Certification of training. A training authority must issue a certification of election judge basic training to a person who successfully completes a basic training course.

Subp. 3. Maintaining certification. A person must successfully complete the basic training course once every 24 months to remain qualified to serve as an election judge.

Subp. 4. Timing. The basic training course must be conducted not more than 60 days before the state primary election or fewer than three days before the state general election.

Subp. 5. Training between primary and general elections. An election judge who successfully completes the training required by parts 8240.0100 to 8240.2500 for a state primary election is not required to complete additional training for the succeeding general election.

Statutory Authority: MS s 204B.25

History: 17 SR 8; 20 SR 2787; 25 SR 112

 

8240.1350. Head Election Judge Training Requirement.

Subpart 1. Head election judge training. Before serving as a head election judge, a person must successfully complete a basic election judge training course that meets the requirements of part 8240.1600 and a head election judge training course that meets the requirements of part 8240.1750.

Subp. 2. Certification of training. A training authority must issue a certification of head election judge training to a person who successfully completes a head election judge training course.

Subp. 3. Maintaining certification. A person must successfully complete the head election judge training course every 24 months to remain eligible to serve as a head election judge.

Subp. 4. Supplemental head election judge training. A training authority may require head election judges to attend a supplemental head election judge training course for an election. A head election judge must attend the supplemental training course to be eligible to serve as a head election judge for that election.

Statutory Authority: MS s 204B.25

History: 25 SR 112

 

8240.1400. Health Care Facility Absentee Voting Requirement.

Subpart 1. Health care facility absentee voting course. Each election judge who conducts absentee voting in health care facilities under Minnesota Statutes, section 203B.11, shall successfully complete a course for health care facility absentee voting that meets the requirements of part 8240.1800 in addition to the election judge basic training course.

Subp. 2. Certification of training. A training authority must issue a certification of health care facility absentee voting training to a person who successfully completes a health care facility absentee voting training course.

Subp. 3. Maintaining certification. A person must successfully complete the health care facility absentee voting course every 24 months to remain eligible to conduct absentee voting in a health care facility.

Statutory Authority: MS s 204B.25

History: 17 SR 1279; 25 SR 112

 

8240.1500. Emergency Training Requirement.

Subpart 1. Emergency election judge training. An election judge who is appointed after the training period ends and who has not successfully completed the basic training course conducted for that election must complete the emergency training course as provided in part 8240.1900 before serving as an election judge.

Subp. 2. Emergency head election judge training. A head election judge who is appointed after the training period ends and who has not successfully completed a head election judge training course must complete the emergency head election judge training course as provided in part 8240.1950 before serving as a head election judge.

Statutory Authority: MS s 204B.25

History: 17 SR 1279; 25 SR 112

 

8240.1600. Election Judge Basic Training Course.

Subpart 1. Length. The election judge basic training course must be at least two hours long.

Subp. 2. Materials. The training authority shall provide examples of all forms which election judges must complete in the course of their duties; with examples of forms of identification acceptable for purposes of election day registration, including any forms of student identification issued by educational institutions in the area; and with the materials contemplated in the training plan. Additional materials may be provided by the training authority as the authority considers useful.

Subp. 3. Use of equipment. An electronic voting system or specimen paper ballot and ballot box must be used at each training session to familiarize each election judge with the voting procedures for the method of voting employed in the precinct where the judge will serve.

Subp. 4. Course content. A basic training course must include necessary information and skill development in the following areas:

A. how to use the training materials to find answers to questions arising in the polling place on election day;

B. preparations on election day before polls open;

C. judges’ duties during voting hours:

(1) election day voter registration;

(2) persons allowed in polling place;

(3) challenge process;

(4) voting process;

(5) spoiled ballots;

(6) assistance to disabled voters; and

(7) absentee ballots;

D. basic election judges’ duties after polls close;

E. new laws, rules, forms, and procedures;

F. major problems at prior elections; and

G. how to follow instructions from the head election judge.

Statutory Authority: MS s 204B.25

History: 17 SR 1279; 23 SR 459; 25 SR 112

 

8240.1650. [Repealed, 25 SR 112]

 

8240.1655. QUALIFICATIONS FOR TRAINEE ELECTION JUDGES.

Subpart 1. Requirement. Trainee election judges appointed under Minnesota Statutes, section 204B.19, must meet the requirements of this part.

Subp. 2. Training. A trainee election judge must successfully complete the basic election judge training course as defined in part 8240.1600 before serving in a special, primary, or general election.

Subp. 3. Qualifications. A trainee election judge must be a United States citizen, must be at least 16 years of age, and must meet any residency requirement specified in Minnesota Statutes, section 204B.19, subdivision 6. Trainee election judges must provide certification from their school that they are enrolled in a Minnesota high school, and are performing at an academic level acceptable to the principal of the trainee’s high school. A trainee election judge who is home-schooled must provide certification from the trainee’s parent that the trainee is performing at an academic level acceptable to serve as a trainee election judge.

Subp. 4. Appointment. Trainee election judges may be appointed by the municipality or school district conducting the election if:

A. the trainee election judge is appointed without party affiliation;

B. the trainee election judge has submitted a written request, approved and signed by the trainee’s parent or guardian, to be absent from school to the principal of the trainee’s high school;

C. a certificate from the appointing authority is submitted with the request stating the date and hours the student will serve as a trainee election judge;

D. the request and certificate are submitted to the student’s principal at least ten days before the election; and

E. the appointment will not require the trainee election judge to serve past 10:00 p.m.

Subp. 5. [Repealed, 25 SR 112]

Subp. 6. Number of trainee election judges allowed per precinct. No more than one-third of the election judges at a precinct may be trainees.

Statutory Authority: MS s 204B.25

History: 17 SR 8; 25 SR 112; 34 SR 1561; 43 SR 437

 

8240.1700. [Repealed, 25 SR 112]

 

8240.1750. Head Election Judge Training.

Subpart 1. Length. A head election judge training course must be at least one hour long.

Subp. 2. Course content. The head election judge training course must include information on the following topics:

A. head election judges’ duties before election day;

B. head election judges’ duties to open the polling place on election day;

C. how to use the voting equipment;

D. how to provide emergency election judge training;

E. how to use the training materials to find answers to questions arising in the polling place on election day;

F. how to help election judges work together in the polling place;

G. head election judges’ duties at the polling place after the polls close; and

H. how to return election materials to the local election official after the ballots have been counted.

Statutory Authority: MS s 204B.25

History: 25 SR 112

 

8240.1800. Course for Health Care Facility Absentee Voting.

Subpart 1. Length. The health care facility absentee voting course must be at least one hour long.

Subp. 2. Course content. The course content must include information on the following topics:

A. who is eligible to vote absentee from health care facilities;

B. application process;

C. registration process, including methods for providing proof of residence;

D. assistance to voters;

E. voting procedures;

F. procedures for transporting voted ballots;

G. names and addresses of eligible health care facilities;

H. name of contact person at each facility; and

I. particular problems encountered in previous elections.

Statutory Authority: MS s 204B.25

History: 25 SR 112

 

8240.1900. Emergency Election Judge Training Course.

Subpart 1. At the polls. The head election judge shall conduct emergency training if needed at the polling place. The training authority shall provide an outline of emergency training procedures and otherwise ensure that the head election judge is prepared to conduct emergency training, if necessary.

Subp. 2. Course content. The head election judge shall review with a replacement judge all procedures and duties that are assigned to the replacement judge.

Subp. 3. Ongoing instruction. The head election judge shall provide additional instruction to the replacement judge as necessary throughout election day.

Statutory Authority: MS s 204B.25

History: 17 SR 1279; 25 SR 112

 

8240.1950. Emergency Head Election Judge Training.

The training authority shall conduct emergency head election judge training if needed. The county auditor shall provide each training authority with an outline of emergency training procedures and a checklist of head election judge duties.

Statutory Authority: MS s 204B.25

History: 25 SR 112

 

8240.2000. Training Materials.

The secretary of state shall provide the county auditor with Minnesota Election Judge Guides and training materials concerning changes in election laws, rules, forms, and procedures. The county auditor shall transmit these materials to training authorities in the county. The training authority shall provide election judges with copies of the Minnesota Election Judge Guide to use at training sessions, with at least one copy for each head election judge. The municipal clerk or, for school district elections not held on the same day as another election, the school district clerk shall ensure that a Minnesota Election Judge Guide is available at each polling place on election day for use by the election judges.

Statutory Authority: MS s 204B.25

History: 25 SR 112

 

8240.2100. Training Record.

Each municipal clerk, and county auditor in unorganized territory, shall maintain a record of all election judges who receive training. The record must contain the election judge’s name; precinct of residence; party affiliation, if any; dates of training; type of course completed on each date; and dates of election judge service. The record must be kept current for each election judge in the county or municipality.

Statutory Authority: MS s 204B.25

History: 17 SR 1279; 25 SR 112

 

8240.2200. Removing Election Judge from Record.

An election judge may be removed from the training record who has not received election judge basic training during the preceding two years.

Statutory Authority: MS s 204B.25

History: 17 SR 1279; 25 SR 112

 

8240.2300. Certification of Training.

A certification of training issued for completing an election judge training course must include the election judge’s name, municipality, date of training, course completed, and the signature of the training authority.

Statutory Authority: MS s 204B.25

History: 17 SR 1279; 25 SR 112

 

8240.2400. Training Plan.

Subpart 1. Content. Each training authority shall prepare a training plan.

The training plan must include the names of persons conducting training; number of sessions planned; projected attendance at each session; training materials to be used; training methods employed; and an outline of the content of each election judge training course.

Copies of all materials that will be distributed at the training sessions must be included with the training plan.

Subp. 2. Inspection. The training plan must be available for public inspection.

Statutory Authority: MS s 204B.25

History: 12 SR 2215; 20 SR 2787; 25 SR 112

 

8240.2500. In-Service Review.

After each primary election and before each ensuing general, special, or municipal election, the training authority shall confer or correspond with the head election judge of each precinct to review problems or questions encountered at the primary. The training authority shall analyze problems indicated by the election returns, incorrect registrations, election judge comments, or voter complaints and shall answer questions of the head judges.

Statutory Authority: MS s 204B.25

History: 17 SR 1279; 25 SR 112

 

8240.2600. [Repealed, 20 SR 2787]

 

8240.2700. Municipal Clerk Training Requirement.

Subpart 1. Certification required. To administer an election, a municipal clerk must successfully complete an initial municipal clerk election administration training course and must remain certified in election administration under this part.

Subp. 2. Length of initial training. An initial municipal clerk election administration training course consists of five hours of training given by a county auditor or the secretary of state. The five hours of training must be completed within one election cycle.

Subp. 3. Initial certification. The home county auditor must issue the initial certification of election administration to a municipal clerk who successfully completes the municipal clerk election administration training course. The initial certification of election administration is valid until the end of the election cycle after the election cycle in which the certification was issued.

Subp. 4. Biennial certification maintenance requirement. To remain certified in election administration after receiving the initial certification, a municipal clerk must successfully complete four hours of election administration training during each election cycle. The certification maintenance training must be given by a county auditor or the secretary of state and must be completed before the expiration date of the clerk’s certification. The clerk must provide the home county auditor with proof that the clerk has completed certification maintenance training before the expiration date of the clerk’s certification. At the beginning of each election cycle, the home county auditor shall issue a new certification of election administration to a municipal clerk who has completed the biennial certification maintenance requirement. The new certification of election administration is valid until the end of the election cycle in which the new certification was issued.

Subp. 5. Training content. An election administration training course for municipal clerks must include training on:

A. candidate filings;

B. campaign practices;

C. campaign finance requirements;

D. the election calendar;

E. ballot preparation;

F. election judge recruitment and duties;

G. notice requirements;

H. voting systems, if used in the municipality;

I. mail elections;

J. absentee voting;

K. security practices; and

L. post-election duties.

Subp. 6. Alternative training. Election administration training given by an individual other than a county auditor or the secretary of state may fulfill up to four hours of the initial certification requirement or three hours of the biennial certification maintenance requirement if the training covers topics listed in subpart 5. The municipal clerk must provide the home county auditor with a description of the course to receive credit for the alternative training. The home county auditor must review the course description to determine whether the alternative training covers topics listed in subpart 5.

Subp. 7. Credit for election judge training. Time spent attending the adult education training methods course required by part 8240.1100 must not be counted toward fulfillment of a clerk’s initial certification requirement or biennial certification maintenance requirement. Time spent teaching the first session of each type of election judge training or attending any type of election judge training may be counted toward fulfillment of a clerk’s initial certification requirement or biennial certification maintenance requirement.

Subp. 8. Record. The home county auditor must keep a record of all municipal clerks who receive election administration training. The record must contain the clerk’s name, the clerk’s municipality, the name and date of any completed training course, the date certification was completed, the name and date of any completed post-certification courses, and the date the clerk’s certification expires. The auditor may remove a clerk’s name from the record if the clerk’s certification has been expired for at least two years.

Subp. 9. Emergency training. A municipal clerk who has taken office less than six months before an election may administer that election after completing two hours of emergency training given by the home county auditor or secretary of state.

Subp. 10. Certification for municipal staff. Municipal employees designated by the municipal clerk may attend municipal clerk election administration training courses. The home county auditor shall issue a certification of election administration to a municipal designee who successfully completes a municipal clerk election administration training course.

Statutory Authority: MS s 204B.25

History: 25 SR 112; 43 SR 437

 

8240.2800. School District Clerk Training Requirement.

Subpart 1. Certification required. To administer an election, a school district clerk must successfully complete an initial school district clerk election administration training course and must remain certified in election administration under this part.

Subp. 2. Length of initial training. An initial school district clerk election administration training course consists of five hours of training given by a county auditor or the secretary of state. The five hours of training must be completed within one election cycle.

Subp. 3. Initial certification. The home county auditor must issue the initial certification of election administration to a school district clerk who successfully completes the school district clerk election administration training course. The initial certification of election administration is valid until the end of the election cycle after the cycle in which the certification was issued.

Subp. 4. Biennial certification maintenance requirement. To remain certified in election administration after receiving the initial certification, a school district clerk must successfully complete four hours of election administration training during each election cycle. The certification maintenance training must be given by a county auditor or the secretary of state and must be completed before the expiration date of the clerk’s certification. The clerk must provide the home county auditor with proof that the clerk has completed certification maintenance training before the expiration date of the clerk’s certification. At the beginning of an election cycle, the home county auditor shall issue a new certification of election administration to a school district clerk who has completed the biennial certification maintenance requirement. The new certification of election administration is valid until the end of the election cycle in which the new certification was issued.

Subp. 5. Training content. An election administration training course for school district clerks must include training on:

A. candidate filings;

B. campaign practices;

C. campaign finance requirements;

D. the election calendar;

E. ballot preparation;

F. election judge duties;

G. notice requirement;

H. voting systems, if used in the school district;

I. mail elections;

J. absentee voting;

K. security practices; and

L. post-election duties.

Subp. 6. Alternative training. Election administration training given by an individual other than a county auditor or the secretary of state may fulfill up to four hours of the initial election administration training course or three hours of the biennial certification maintenance requirement if the training covers topics listed in subpart 5. The school district clerk must provide the home county auditor with a description of the course to receive credit for the alternative training. The home county auditor must review the course description to determine whether the alternative training covers topics listed in subpart 5.

Subp. 7. Credit for election judge training. Time spent attending any type of election judge training may be counted toward fulfillment of a clerk’s initial certification requirement or biennial certification maintenance requirement.

Subp. 8. Record. The home county auditor must keep a record of all school district clerks who receive election administration training. The record must contain the clerk’s name, the clerk’s school district, the name and date of any completed training course, the date certification was completed, the name and date of any completed post-certification courses, and the date the clerk’s certification expires. The auditor may remove a clerk’s name from the record if the clerk’s certification has been expired for at least two years.

Subp. 9. Emergency training. A school district clerk who has taken office less than six months before an election may administer that election after completing two hours of emergency training given by the home county auditor or secretary of state.

Subp. 10. Certification for school district staff. School district employees designated by the school district clerk may attend school district clerk election administration training courses. The home county auditor shall issue a certification of election administration to a school district designee who successfully completes a school district clerk election administration training course.

Statutory Authority: MS s 204B.25

History: 25 SR 112; 43 SR 437

 

8240.2850. [Repealed, 38 SR 1368]

 

8240.2900. County Auditor Election Administration Certification.

Subpart 1. Length of initial training. To be certified in election administration by the secretary of state, a county auditor must successfully complete a county auditor election administration training course. A county auditor election administration training course consists of 15 hours of training given by the secretary of state. The 15 hours of training must be completed within one election cycle.

Subp. 2. Initial certification. The secretary of state must issue the initial certification of election administration to a county auditor who successfully completes the county auditor election administration training course. The initial certification of election administration is valid until December 31 of the calendar year after the election cycle in which the certification was issued.

Subp. 3. Annual certification maintenance requirement. To remain certified in election administration after receiving the initial certification, a county auditor must successfully complete two hours of election administration training during each calendar year. The certification maintenance training must be given by the secretary of state and must be completed before the expiration date of the auditor’s certification. The auditor must provide the secretary of state with proof that the auditor has completed certification maintenance training before the expiration date of the auditor’s certification. The secretary of state shall issue a new certification of election administration to a county auditor who has completed the annual certification maintenance requirement. The new certification of election administration is valid until December 31 of the year in which the new certification was issued.

Subp. 4. Training content. An election administration training course for county auditors must include training on:

A. the voter registration system;

B. candidate filings;

C. campaign practices;

D. campaign finance requirements;

E. the election calendar;

F. ballot preparation;

G. election judge recruitment and duties;

H. mail elections;

I. absentee voting;

J. the election night reporting system;

K. security practices;

L. post-election duties; and

M. the duties performed by municipal and school district clerks.

Subp. 5. Alternative training. Election administration training given by an individual other than the secretary of state may fulfill up to 13 hours of the initial certification requirement or one hour of the annual certification maintenance requirement if the training covers topics listed in subpart 4. The county auditor must provide the secretary of state with a description of the course to receive credit for the alternative training. The secretary must review the course description to determine whether the alternative training covers topics listed in subpart 4.

Subp. 6. Credit for election judge training. Time spent attending the adult education training methods course required by part 8240.1100 must not be counted toward fulfillment of an auditor’s initial certification requirement or annual certification maintenance requirement. Time spent teaching the first session of each type of election judge training or attending any type of election judge training may be counted toward fulfillment of an auditor’s initial certification requirement or annual certification maintenance requirement.

Subp. 7. Record. The secretary of state must keep a record of all county auditors who receive election administration training. The record must contain the auditor’s name, the auditor’s county, the name and date of any completed training course, the date certification was completed, the name and date of any completed post-certification courses, and the date the auditor’s certification expires. The secretary of state may remove an auditor’s name from the record if the auditor’s certification has been expired for at least two years.

Subp. 8. Emergency training. The secretary of state shall conduct emergency election administration training for a county auditor who has taken office less than two months before an election.

Subp. 9. Certification for county election staff. County employees designated by the county auditor may attend county auditor election administration training courses. The secretary of state shall issue a certification of election administration to a county designee who successfully completes a county auditor election administration training course.

Statutory Authority: MS s 204B.25

History: 25 SR 112; 43 SR 437

 

8250.0100. [Repealed, 38 SR 1368]

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CHAPTER 8250 – BALLOT PREPARATION

PREPARING BALLOTS

8250.0200. Auditor’s Duties.

The state general election ballot shall be prepared under the direction of the county auditors in a sufficient number to enable the clerks to comply with Minnesota Statutes, section 204B.29. The county auditors shall prepare and print the state general election ballot as soon as practicable, but in no event less than 46 days before the election. At least 46 days before the general election the auditor shall file sample copies of the state general election ballot for each precinct in the auditor’s office for public inspection and transmit electronic copies of these sample ballots to the secretary of state. Ballots for distribution in the polling place must be packaged in quantities of 25, 50, or 100.

Statutory Authority: MS s 204D.11; 206.57

History: 8 SR 1348; 10 SR 1690; 25 SR 616; 38 SR 1368

 

8250.0300. [Repealed, 38 SR 1368]

 

8250.0350. [Repealed, 38 SR 1368]

 

8250.0360. [Repealed, 25 SR 616]

 

8250.0365. [Repealed, 38 SR 1368]

 

8250.0370. [Repealed, 38 SR 1368]

 

8250.0375. Form of Judicial Ballot.

Subpart 1. General form. The judicial ballot must only be used when it is not possible to place all offices on a single ballot for the state general election as provided in Minnesota Statutes, section 204D.11, subdivision 6. The ballot for judicial nonpartisan offices must be prepared in the same manner as the state general election ballot, except the ballot heading provided in part 8250.1810, subpart 3, must instead use the words “Judicial Nonpartisan General Election Ballot.”

Subp. 2. [Repealed, 38 SR 1368]

Statutory Authority: MS s 204D.11

History: 19 SR 593; 23 SR 459; 38 SR 1368; 40 SR 1553

 

8250.0385. Form of Town Election Ballot.

Subpart 1. General form. A town election ballot must be prepared in the same manner as the state general election ballot as provided in part 8250.1810, except towns conducting an election under the limited exemption under Minnesota Statutes, section 206.57, subdivision 5a, may prepare ballots as provided in this part.

Subp. 1a. Ballot heading. The words “Town Election Ballot” must be printed at the top of the ballot.

Subp. 2. Ballot order. Town offices and questions must be listed in the following order and must be identified as follows:

Town Supervisor

Town Clerk

Town Treasurer

Town Question

The name and/or number of the district that the person elected will represent must be printed directly under the title of the office.

If two of the offices listed in this subpart have been combined into one office, the combined office must take the place of the first office listed in this subpart. The title of a vacant township office being filled at an annual town election may be followed by the number of years remaining in the term. Town offices not listed in this subpart must follow the last office listed above and must be listed in the order determined by the town clerk.

Subp. 3. Names of candidates. The full name of each candidate shall be printed at right angles to the length of the town election ballot. Below the name of the last candidate for each office shall be placed as many blank lines as there are offices of that kind to be filled, and on the blank lines the voter may write the names of persons not printed on the ballot for whom the voter desires to vote. When no person has filed for an office to be filled, the title and identification of the office shall be printed on the town election ballot with as many blank lines below as there are offices to be filled; the voter’s choice may be written in the blanks. On the left side of the ballot and on a line with the names of candidates and the blank lines, there shall be placed squares or similar target shapes, and each square or similar target shape must be of the same size, in which the voter may designate the choice by a mark (X). The name of a candidate may not appear on a ballot in any way which gives the candidate an advantage over an opponent except as provided by law.

Subp. 4. Town questions. The following words must be printed directly under the ballot heading, municipality name, election type, and election date. “To vote for a question, put an (X) in the square next to the word “Yes” on that question. To vote against a question, put an (X) in the square next to the word “No” on that question.” When a target shape other than a square is used on the ballot, then the word “square” must be replaced with the applicable target shape word. When more than one town question is on the ballot, each town ballot question must be designated by a number and must be preceded by the words “Town Question” and the number assigned to the question. The town clerk or town governing body shall provide a title for each town question printed on the town election ballot. The title must not contain more than ten words. The municipality’s attorney shall review the title to determine whether it accurately describes the question asked. The title must not be used on the ballot until it has been approved by the municipality’s attorney. The title must be printed above the question to which it refers. The body of the question must be printed in upper and lower case letters.

Subp. 5. Back of ballot. On the back of the town election ballot shall be printed the words “Official Ballot,” the date of the election, and lines for the initials of two judges. The printing shall be placed as to be visible when the ballot is properly folded for deposit.

Subp. 6. Type styles and sizes. The words “Put an (X) in the square opposite the name of each candidate you wish to vote for” must be printed in upper and lower case in as large as practicable but no smaller than 8-point bold type. When a target shape other than a square is used on the ballot, then the word “square” must be replaced with the applicable target shape word.

The words “Town Election Ballot” must be printed in as large as practicable but not smaller than 18-point type.

The office and its identification must be printed in as large as practicable but no smaller than 10-point bold type.

The words “Vote For One” must be printed in as large as practicable but no smaller than 8-point bold type.

The names of the candidates must be printed in as large as practicable but no smaller than 8-point bold type.

The words “Official Ballot” on the back of the ballot must be printed no smaller than 8-point bold type, the date in upper case in as large as practicable but no smaller than 8-point type, and the word “Judge” in upper and lower case in as large as practicable but no smaller than 10-point type.

Subp. 7. Town clerk’s duties. The town clerk shall prepare and print the town election ballot as soon as practicable, but in no event less than 30 days before the election. Two weeks before the election, the town clerk shall file sample copies in the town clerk’s office for public inspection. The town election ballot shall be printed with black ink on white paper as close as practicable to 30 pound. The ballot shall be no less than four inches wide and printed so as to be easily legible, with suitable lines for division between candidates, office, instructions, and other matter proper to be printed on the ballot. The town clerk shall prepare the ballots in such a manner as to enable the voter to understand what candidates have been nominated and how many are to be elected to each office and to designate the voter’s choice easily and accurately.

Statutory Authority: MS s 205.17

History: 23 SR 459; 25 SR 616; 38 SR 1368; 40 SR 1553

 

8250.0390. [Repealed, 38 SR 1368]

 

8250.0395. [Repealed, 38 SR 1368]

 

8250.0397. [Repealed, 38 SR 1368]

 

8250.0398. [Repealed, 38 SR 1368]

 

8250.0400. [Repealed, 38 SR 1368]

 

8250.0500. [Repealed, 38 SR 1368]

 

8250.0600. [Repealed, 38 SR 1368]

 

8250.0700. Number of Candidates.

Directly underneath the title and identification of each office shall be printed the words “Vote For One” or more, according to the number to be elected.

Statutory Authority: MS s 204D.11

History: 40 SR 1553

 

8250.0800. [Repealed, 38 SR 1368]

 

8250.0900. [Repealed, 38 SR 1368]

 

8250.1000. [Repealed, 38 SR 1368]

 

8250.1100. [Repealed, 38 SR 1368]

 

8250.1200. [Repealed, 38 SR 1368]

 

8250.1300. [Repealed, 8 SR 1348]

 

8250.1400. [Repealed, L 2001 1Sp10 art 18 s 44]

 

8250.1500. [Repealed, 20 SR 2787]

 

8250.1550. [Repealed, 25 SR 616]

 

BALLOTS FOR ELECTRONIC VOTING SYSTEMS

8250.1600. Applicability.

Part 8250.1810 applies to electronic voting systems, as defined in Minnesota Statutes, section 206.56, subdivision 8.

Statutory Authority: MS s 204D.11; 206.57; 206.84

History: 13 SR 347; 20 SR 2787; 34 SR 1561; 40 SR 1553

 

8250.1700. [Repealed, 23 SR 459]

 

8250.1800. [Repealed, 34 SR 1561]

 

8250.1810. Format of Ballots for Optical Scan Systems.

Subpart 1. Ballot form. The optical scan ballot shall be prepared in a sufficient number to enable the clerks to comply with Minnesota Statutes, section 204B.29. The ballot shall be prepared and printed as soon as practicable, but in no event less than 46 days before an election unless otherwise specified in statute. Ballots for distribution in the polling place must be shrink-wrapped in quantities of 25, 50, or 100.

The ballot shall be printed with black ink on white paper. The ballot shall be printed so as to be easily legible and in mixed upper and lower case, with suitable lines for divisions between candidates, offices, instructions, and other matter proper to be printed on the ballot.

Each ballot must have printed on it both the name of the precinct and an electronically readable precinct identifier or ballot style indicator. A ballot style used in more than one precinct may have the names of all precincts in which it is used printed on the ballot. If multiple ballots styles are to be used in the same precinct for precincts split by school districts, each ballot style must include the precinct name and applicable school district number. Only the electronically readable precinct identifier or ballot style indicator is required on a presidential only or federal only absentee ballot.

Subp. 2. Primary ballot form. Items A to E apply to primary ballots.

A. On the partisan primary ballot, the names of the political parties that head the political party columns must be printed in as large as practicable but no smaller than 14-point bold type and must be shaded with a screen of at least ten percent. When a party does not have candidates within a given precinct, the party headings are to remain on top of each column, regardless of whether the party has a contest on the given ballot.

B. If a partisan primary ballot also includes a nonpartisan primary section, the ballot must contain a demarcation indicating the beginning of the nonpartisan section of the ballot.

C. Pursuant to Minnesota Statutes, section 206.90, subdivision 6, the instructions in Minnesota Statutes, section 204D.08, do not apply to optical scan partisan primary ballots.

D. If a partisan primary ballot has political party columns on both sides of the ballot, the instruction in subpart 13 for two-sided ballots must not be used on the ballot.

E. If a primary ballot or special primary ballot contains only a partisan primary, the instructions to the voter must include a statement that reads substantially as follows: “This is a partisan primary ballot. You are permitted to vote for candidates of one political party only.” If a partisan primary ballot contains both a partisan ballot and a nonpartisan ballot, the instructions to voters must include a statement that reads substantially as follows: “This ballot card contains a partisan ballot and a nonpartisan ballot. On the partisan ballot you are permitted to vote for candidates of one political party only.” If a primary ballot contains political party columns on both sides of the ballot, the instructions to voters must include a statement that reads substantially as follows: “Additional political parties are printed on the other side of this ballot. Vote for one political party only.” At the bottom of each political party column on the primary ballot, the ballot must contain a statement that reads substantially as follows: “Continue voting on the nonpartisan ballot.” These statements must be printed in as large as practicable but no smaller than 10-point type.

F. The names of candidates for nomination of the major political party that received the smallest average vote at the last state general election must be placed in the first column on the left side of the ballot. The names of candidates for nomination of the major political party that received the next smallest average vote at the last state general election must be placed in the second column and so on. The average vote shall be computed in the manner provided in Minnesota Statutes, section 204D.13, subdivision 2. If there are only two major political parties to be listed, one party must occupy the left hand column, the other party must occupy the right hand column, and the center column must contain the following statement: “Do not vote for candidates of more than one party.”

Subp. 3. Ballot heading. At the top of a ballot containing both partisan and nonpartisan offices, the applicable words “State General Election Ballot” or “State Partisan Primary Ballot” and “State and County Nonpartisan Primary Ballot” shall be printed. At the top of a special election ballot for state office containing only a vacancy for a partisan office, the words “Special Election Ballot” shall be printed. At the top of a primary ballot containing only partisan offices, the words “State Primary Ballot” shall be printed. At the top of a special primary ballot for state office containing only a vacancy for a partisan office, the words “Special Primary Ballot” shall be printed. At the top of a ballot containing only nonpartisan offices, the words “General Election Ballot” or “Primary Election Ballot” shall be printed, except for first-class cities which may use an optional heading. At the top of a ballot containing questions only, the words “Special Election Ballot” shall be printed.

When a county, municipal, school district, or hospital district election is held other than in conjunction with a federal or state office, the applicable words “County Election Ballot,” “City Election Ballot,” “Town Election Ballot,” “School District Ballot,” or “Hospital District Ballot” shall be printed.

The name of the jurisdiction preparing the ballot may be added within the heading in no smaller than 8-point type. The date of the election must be printed within the heading in no smaller than 8-point type.

The ballot heading must be printed no smaller than 10-point type.

On the front of the ballot the words “Official Ballot” must be printed in as large as practicable but no smaller than 8-point bold type and the word “Judge” in as large as practicable but no smaller than 8-point type with lines for initials of at least two election judges.

Subp. 4. Instructions to voters. Under the heading at the top of each side of the ballot, the words “Instructions to Voters:” must be printed in bold and in as large as practicable but no smaller than 12-point bold type. The words “To vote, completely fill in the oval(s) next to your choice(s) like this: (R).” or a similar wording or mark if a different target shape is used by the electronic voting equipment must follow and be printed in as large as practicable but no smaller than 8-point bold type. The county may include an image demonstrating the instruction if approved by the secretary of state.

Immediately under each office title and district identified, one of the following instructions must be printed in bold type in as large as practicable but no smaller than 8-point type:

Vote for One Team

Vote for One

Vote for Up to ……. followed by the number of candidates to be elected.

Subp. 5. Order and form of office types. When more than one of the following types of offices is on the ballot, the offices must appear on the ballot in the following order and must be identified as follows:

Federal Offices

State Offices

Constitutional Amendments

County Offices

County Questions

City Offices

City Questions

Town Offices

Town Questions

School District Offices

School District Questions

Special District Offices

Special District Questions

Judicial Offices

The name or the number of the appropriate municipality, school district, or special district may be added directly under the office types listed in this subpart.

Subp. 6. Order and form of offices. The offices must appear on the ballot in the following order and must be identified as follows in as large as practicable but no smaller than 10-point bold type. The office titles must be shaded with a screen of at least ten percent:

President and Vice-President

United States Senator

United States Representative

State Senator

State Representative

Governor and Lieutenant Governor

Secretary of State

State Auditor

Attorney General

County Commissioner

County Auditor

County Treasurer

County Auditor-Treasurer

County Recorder

County Sheriff

County Attorney

County Surveyor

County Coroner

County Park Commissioner

Soil and Water Conservation District Supervisor

Conservation District Supervisor

County Questions

Mayor

Council Member

City Clerk

City Treasurer

City Questions

Town Supervisor

Town Clerk

Town Treasurer

Town Questions

School Board Member

School District Questions

Hospital District Board Member

Hospital District Questions

Judicial offices must follow special district offices and appear in the following order:

Chief Justice – Supreme Court

Associate Justice – Supreme Court

Judge – Court of Appeals

Judge – District Court

“United States” may be abbreviated as “U.S.” Directly underneath the titles of the offices of United States representative and state senator and representative must be printed the district numbers (for example: “District 6”) that the person elected will represent. A single vote must be cast for president and vice-president and for governor and lieutenant governor.

If on the same ballot with other offices of the same type, offices elected at large must include “At Large” following the office identification and must be listed before other offices of the same type elected by district.

Where nonjudicial offices are designated by number, those offices must be listed in numerical order and must be printed directly under the title of the office. Where judicial offices are designated by number, the seats must be listed in numerical order, except that for judicial offices for a specific court for which there is only one candidate filed must appear after all other judicial offices for that same court.

If an office is not to be filled at a general election, the office must not appear on the ballot. If two of the offices have been combined into one office, the combined office must take the place of the first office listed in this subpart.

Any county offices not listed must follow the office of soil and water conservation district supervisor on the ballot and must be listed in the order determined by the county auditor.

Subp. 7. Order and form of candidate names. The name of each candidate as filed on the affidavit of candidacy shall be printed at right angles to the length of the ballot. On state primary ballots for nomination to a partisan or nonpartisan office, and on state general election ballots and judicial nonpartisan general election ballots, the names of each candidate shall be rotated with the names of the other candidates pursuant to part 8220.0825. If the number of candidates for an office is equal to or less than the number to be elected, no rotation of candidate names is required and the official preparing the ballot shall determine the position of the candidates by lot. The candidate names must be printed in as large as practicable but no smaller than 10-point type. The name of the candidate must be aligned as close to the vote target as possible. Below the name of each candidate for a partisan office must appear in the designation in not more than three words of the party or principle the candidate represents. Words used in the name of a major political party as defined in Minnesota Statutes, section 200.02, subdivision 7, may not be used to identify the party of a candidate of any other party. This prohibition does not apply to the word “independent,” if it is used in the name of a major political party. The word “nonpartisan” may not be used in the designation of any candidate for a partisan office. The party or principle designation, if applicable, must be printed under the candidate name in as large as practicable but no smaller than 8-point type.

Subp. 8. Order and form of write-in candidate lines. On general election ballots, below the name of the last candidate for each office shall be placed as many blank lines as there are offices of that kind to be filled, and on the blank lines the voter may write the name of persons not printed on the ballot for whom the voter desires to vote. When no person has filed for an office to be filled, the title and identification of the office shall be printed on the ballot with as many blank lines below as there are offices to be filled. Above or below each write-in line the words “write-in, if any” must appear in as large as practicable but no smaller than 6-point type and must be aligned next to the vote target.

Subp. 9. Order of candidates for partisan office in general election. At the same time that the secretary of state certifies the names of nominees under Minnesota Statutes, section 204C.32, subdivision 2, the secretary of state shall certify to the county auditors the order in which the names of the candidates representing the political parties as defined in Minnesota Statutes, section 200.02, subdivision 7, must appear for every partisan office on the ballot. Candidates nominated by petition must appear on the ballot beneath the names of the candidates of the political parties as defined in Minnesota Statutes, section 200.02, subdivision 7, and in the order determined by lot by the secretary of state. The secretary of state shall draw lots once by political party or principle. To draw the lot, a candidate who has used the word “independent” to designate the candidate’s party or principle must be identified by the word “independent” followed by the candidate’s surname. If more than one candidate is nominated by petition for the same office within the same political party or principle, the secretary of state shall draw a supplementary lot within that party or principle by candidate surname to determine the order of those candidates. The order of political parties or principles determined by the drawing of lots applies to all partisan offices on the ballot.

Subp. 10. Order and form of ballot questions. Ballot questions must be printed after offices of the same jurisdiction. Directly after the office type required in subpart 2, the following words must be printed in upper and lower case and no smaller than 8-point type: “To vote for a question, fill in the oval next to the word ‘Yes’ on that question. To vote against a question, fill in the oval next to the word ‘No’ on that question.” or if a target shape other than an oval is used on the ballot, then the word “oval” must be replaced with the applicable target shape word. When more than one question is on the ballot for a given jurisdiction, each ballot question must be designated by a number and must be preceded by the words “County Question,” “City Question,” “Town Question,” “School District Question,” “Hospital District Question,” and the number assigned to the question in as large as practicable but no smaller than 10-point bold type. The name and/or number of the jurisdiction that the question will represent may be printed directly under the heading of the question. The question heading and numbers (where applicable) must be shaded with a screen of at least ten percent. A clerk, county auditor, or appropriate governing body shall provide a title for each question printed on the ballot. The title must not contain more than ten words and must not be used on the ballot until it has been approved by the jurisdiction’s legal counsel. The title must be printed in bold type in as large as practicable but no smaller than 10-point type and must be printed in the same section as the body of the question to which it refers. The body of the question must be printed in as large as practicable but no smaller than 10-point type. The words “Yes” and “No” must be aligned as close as possible to the vote targets and must be printed in bold type in as large as practicable but no smaller than 10-point type.

Subp. 11. Instructions, order and form of constitutional amendments. For a ballot containing a constitutional amendment, the following statement shall be printed beneath the heading in “Constitutional Amendment” no smaller than 8-point type: “Failure to vote on a constitutional amendment will have the same effect as voting no on the amendment.” A bold dividing line running the width of the ballot column shall be immediately below the statement. The words “To vote for a proposed constitutional amendment, fill in the oval next to the word ‘Yes’ on that question. To vote against a proposed constitutional amendment, fill in the oval next to the word ‘No’ on that question.” must follow and be printed in upper and lower case and no smaller than 8-point type. If a target shape other than an oval is used on the ballot, then the word “oval” must be replaced with the applicable target shape word. If more than one constitutional amendment is on the ballot, each constitutional amendment must be designated by a number and must be preceded by the word “Amendment” and the number assigned to the amendment and the title required by Minnesota Statutes, section 204D.15, subdivision 1, must be printed in as large as practicable but no smaller than 10-point bold type and must be shaded with a screen of at least ten percent. The body of the question must be printed in as large as practicable but no smaller than 10-point type. The words “Yes” and “No” must be aligned as close as possible to the vote targets and must be printed in bold type in as large as practicable but no smaller than 10-point type.

Subp. 12. Vote targets. The target used to indicate to the voters where to mark their votes may be either a horizontal oval next to the candidate name or similar target if used by certified equipment. The target may be highlighted or outlined in a color that does not affect the ability of the ballot counter to read the ballot.

Subp. 13. Two-sided ballots. On two-sided ballots, the words “Vote front and back of ballot” must be printed in no smaller than 10-point bold type at the bottom of both sides of the ballot.

Subp. 14. Form of federal ballot. The names of all candidates for the offices of president and vice-president of the United States and senator and representative in Congress shall be placed on a ballot printed on white paper which shall be known as the “federal ballot.” This ballot must be prepared and furnished in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act, United States Code, title 42, section 1973ff. The federal ballot shall be the only ballot sent to citizens of the United States who are eligible to vote by absentee ballot only for federal candidates in Minnesota. The federal ballot shall conform in all other respects to the State Primary or State General election ballot.

Subp. 15. Form of presidential ballot. The names of all candidates for the offices of president and vice-president of the United States shall be placed on a ballot printed on white paper which shall be known as the “presidential ballot.” This ballot must be prepared and furnished in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act, United States Code, title 42, section 1973ff. The presidential ballot shall be the only ballot provided to citizens of the United States who are eligible to vote by absentee ballot only for presidential candidates in Minnesota. The presidential ballot shall conform in all other respects to the State General election ballot.

Subp. 16. Order and form of special election ballot. The names of candidates to fill vacancies at a special election for county, municipal, and school district offices must be listed under the heading “Special election for (name of office),” followed by “To fill vacancy in term expiring (date)” with the name of the office, the date of expiration of the term, and any other information necessary to distinguish the office. For state offices, immediately following the title of the office shall be printed “To fill vacancy in term expiring (date).” Vacant offices being filled by special election must be listed with other offices of that type but after any offices for which a candidate will be elected for a full term, except as required by Minnesota Statutes, section 204D.25, subdivision 1.

Subp. 17. Extraneous marks. No election official may place marks on the ballot other than those provided in Minnesota Statutes, section 204C.09, subdivision 1, or 206.86, subdivision 5.

Subp. 18. Example ballot. The secretary of state shall supply each auditor with a copy of an example ballot by May 1 of each year. The example ballot must illustrate the format required for the ballots used in the primary and general elections that year. The county auditor shall distribute copies of the example ballot to municipal and school district clerks in municipalities and school districts holding elections that year. The official ballots must conform in all respects to the example ballot.

Statutory Authority: MS s 206.84

History: 34 SR 1561; 38 SR 1368; 40 SR 1553; 43 SR 437

 

8250.9910. [Repealed, 23 SR 459]

 

8250.9920. [Repealed, 23 SR 459]

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CHAPTER 8255 – REDISTRICTING

8255.0010. Alternate Dates for Completion of Local Redistricting.

If the adoption of the legislative redistricting plan or the resolution of any court challenge to the legislative redistricting plan occurs less than 19 weeks before the state primary, in a year ending in two, the following schedule for reestablishment of precinct boundaries and election districts must be followed:

A. Precincts must be reestablished no later than 28 days after the adoption of the legislative plan.

B. Wards must be redistricted no later than 28 days after the adoption of the legislative plan.

C. Local government election districts must be redistricted no later than 42 days after adoption of the legislative plan.

When a municipality completes the reestablishment of precinct boundaries, the municipal clerk shall immediately provide the secretary of state, county auditor, and all school districts with territory in the municipality a copy of a map illustrating the precinct boundaries.

Statutory Authority: MS s 204B.14

History: 16 SR 2026; 25 SR 616

 

8255.0020. [Repealed, 40 SR 1553]

 

8255.0025. [Repealed, 40 SR 1553]

 

8255.0030. POSTING NOTICE OF BOUNDARY CHANGES.

When a precinct boundary is reestablished or a local government election district boundary is redistricted under part 8255.0010, a notice and a detailed map showing the new precincts or districts must be posted at the locations and in the manner in items A to C.

A. For precincts and wards established by a municipality, the notice prepared by the municipal clerk must be posted in the clerk’s office. The notice may be posted in other conspicuous locations in the municipality, at the discretion of the clerk. The information posted must also be made available for public inspection at the office of the county auditor.

B. For districts established by a county, the notice must be prepared by the county auditor and posted in the auditor’s office. The county auditor shall provide a copy of the notice to each municipal clerk in the county. Each municipal clerk shall post the notice of county precincts and election districts.

C. For precincts and districts established by school districts, the notice must be prepared by the school district clerk and posted in the clerk’s office. The notice may be posted in other conspicuous locations in the school district, at the discretion of the clerk. The information posted must also be available for public inspection at the office of the county auditor.

The notices required by this part must be posted within 72 hours after the adoption of precinct or election district boundaries. The notices must remain posted until the day following the state general election in a year ending in two.

Statutory Authority: MS s 204B.14

History: 16 SR 2026

 

8255.0040. PUBLISHED NOTIFICATION BY COUNTY AUDITOR.

When precincts are reestablished or local government election districts are redistricted under part 8255.0010, the county auditor shall publish a notice illustrating or describing the congressional, legislative, and county commissioner districts in the county in one or more qualified newspapers in the county. The publication must occur no later than 14 days after the redistricting of local government election districts is completed.

Statutory Authority: MS s 204B.14

History: 16 SR 2026

 

8255.0050. Notice to Affected Voters.

When precinct boundaries are changed under part 8255.0010, the county auditor or municipal clerk shall notify each affected registered voter of the change at least one week prior to the state primary held after the change takes place.

Statutory Authority: MS s 204B.14

History: 16 SR 2026

 

8260.0100. [Repealed, 17 SR 2862]

 

8260.0200. [Repealed, 17 SR 2862]

 

8260.0300. [Repealed, 17 SR 2862]

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CHAPTER 8290 – SAFE AT HOME PROGRAM

8290.0100. Definitions.

Subpart 1. Terms. For purposes of this chapter, the terms defined in this part have the meanings given them.

Subp. 2. Actual address. “Actual address” means a Minnesota residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant, program renewal application, certification continuance, or change of address form under this chapter.

Subp. 3. Applicant. “Applicant” means an adult, a parent or guardian acting on behalf of an eligible minor, or a guardian acting on behalf of an incapacitated person, as defined in Minnesota Statutes, section 524.5-102.

Subp. 4. Application assistant. “Application assistant” means a staff person designated by the secretary of state or a person employed by a community-based program as defined in subpart 7 who has completed the training for application assistants approved by the secretary of state.

Subp. 5. Certification. “Certification” means that the secretary of state has determined that the eligible person meets the requirements for entering into or continuing in the program.

Subp. 6. Change of identity. “Change of identity” means that the program participant has changed the participant’s name and Social Security number in an attempt to sever all connections to a previous name.

Subp. 7. Community-based program. “Community-based program” means an office, institution, or center whose mission consists substantially of offering assistance to survivors of domestic violence, sexual assault, stalking, or crimes of violence.

Subp. 8. Criminal justice system management. “Criminal justice system management” means the eligible person:

A. has been convicted of a crime or offense; or

B. has pled guilty to a crime or offense; or

C. has been adjudicated of a crime or offense; or

D. has pled no contest to a crime or offense; and

E. is under supervision for that crime or offense.

Subp. 9. Designated address. “Designated address” means the address assigned to the program participant by the secretary of state, including the lot number, to be used by public and private persons other than the Safe at Home program.

Subp. 10. Domestic violence. “Domestic violence” means an act as defined in Minnesota Statutes, section 518B.01, subdivision 2, paragraph (a), or the threat of such acts, regardless of whether these acts or threats have been reported to law enforcement officers.

Subp. 11. Eligible person. “Eligible person” means an adult, a minor, or an incapacitated person, as defined in Minnesota Statutes, section 524.5-102, and residing in Minnesota, who is not a person registered or required to register as a predatory offender under Minnesota Statutes, section 243.166 or 243.167, or the law of another jurisdiction, and for whom there is good reason to believe:

A. that the eligible person is a victim of domestic violence, sexual assault, or stalking; or

B. that the applicant fears for the applicant’s safety, the safety of another person who resides in the same household, or the safety of persons on whose behalf the application is made.

Subp. 12. Lot number. “Lot number” means the specific identifier assigned by the secretary of state to a program participant for use in sorting mail and confirming program participation in accordance with Minnesota Statutes, section 5B.03, subdivision 1, clause (8).

Subp. 13. Mail. “Mail” means first class letters and flats delivered via the United States Postal Service, including priority, express, and certified mail, and excluding packages, parcels, periodicals, and catalogs, unless they are clearly identifiable as pharmaceuticals or clearly indicate that they are sent by a state or county government agency, that are specifically addressed to a program participant and delivered to the designated address by the United States Postal Service.

Subp. 14. Mailing address. “Mailing address” means the residential street address to which the secretary of state must forward a program participant’s mail, except in those cases where the United States Postal Service provides no delivery service to the residential address, in which case it means a post office box serviced by the United States Postal Service.

Subp. 15. Minor child. “Minor child” means an individual who has not attained the age of 18, residing with or under the guardianship of an adult applicant or program participant.

Subp. 16. Program participant. “Program participant” means an individual certified as a program participant under Minnesota Statutes, section 5B.03.

Subp. 17. [Repealed, 39 SR 392]

Subp. 18. Safe at Home. “Safe at Home” is the program authorized by Minnesota Statutes, chapter 5B.

Subp. 19. Safe at Home card. “Safe at Home card” means the official participation card issued by the secretary of state to each program participant, which must state the program participant’s name, date of birth, designated address, certification expiration date, and a space for the signature of the program participant.

Subp. 20. School. “School” means any elementary or secondary educational institution.

Subp. 21. Sexual assault. “Sexual assault” means acts criminalized under Minnesota Statutes, sections 609.342 to 609.3453 and 609.352, or the threat of such acts, regardless of whether these acts or threats have been reported to law enforcement officers.

Subp. 22. Stalking. “Stalking” means acts criminalized under Minnesota Statutes, section 609.749, or the threat of such acts, regardless of whether these acts or threats have been reported to law enforcement officers.

Statutory Authority: MS s 5B.08

History: 34 SR 819; 39 SR 392; 39 SR 1378

 

8290.0200. Application.

Subpart 1. Certification of program participant. The secretary of state shall certify an eligible person as a program participant when the secretary of state receives a properly executed application that contains:

A. the full legal name and date of birth of the eligible person;

B. the name and contact data of the applicant, if different;

C. a listing of all minor children residing at the residential address, each minor child’s full legal name, each minor child’s date of birth, and each minor child’s relationship to the applicant;

D. a statement by the applicant that the applicant has good reason to believe that the eligible person is not applying for certification as a program participant in order to avoid prosecution for a crime and either:

(1) that the eligible person listed on the application has survived domestic violence, sexual assault, or stalking; or

(2) that the eligible person fears for the person’s safety, the safety of another person who resides in the same household, or the safety of persons on whose behalf the application is made;

E. a designation of the secretary of state as agent for purpose of service of process and for the purpose of receipt of mail;

F. the mailing address and the telephone number or numbers at which the eligible person can be contacted by the secretary of state;

G. the actual address or addresses of the eligible person that the applicant requests not be disclosed for the reason that disclosure increases the risk of domestic violence, sexual assault, stalking, or other risks to safety;

H. a statement that the program participant shall not disclose the participant’s actual address or addresses to the batterer, stalker, or perpetrator of sexual assault, or other persons the participant fears;

I. the number of motor vehicles that will be registered at the eligible person’s designated address;

J. a statement that the applicant understands that a program participant’s voting record cannot be active in the statewide voter registration system;

K. a statement whether the eligible person is currently the subject of any pending or ongoing criminal actions, and, if so, the prosecuting authority, adjudicative authority, or probation authority, and consent for the secretary of state to forward notice of the participant’s designated address, to the prosecuting authority, adjudicative authority, or probation authority;

L. a statement that the eligible person agrees to provide an actual address, upon request, to any supervising person if the eligible person is or becomes subject to criminal justice system management with specific conditions related to the program participant’s actual address;

M. a statement that the eligible person is not a person registered or required to register as a predatory offender under Minnesota Statutes, section 243.166 or 243.167, or the law of another jurisdiction;

N. a statement that the eligible person understands that the eligible person is personally responsible for any consequences of a delayed mail delivery if the eligible person requests a short-term mail hold pursuant to this chapter;

O. the signature of the applicant and the date signed; and

P. the signature of the application assistant and the date signed.

Subp. 2. Completion. The application must be completed in the presence of an application assistant.

Subp. 3. Duties of applicant. The applicant must provide all the information required on the application and indicate the applicant’s relationship with the eligible person. The applicant must initial next to each item in the application to indicate that the applicant agrees to those provisions.

Subp. 4. Proof of identity. The applicant must also prove the applicant’s identity by showing photo identification to the application assistant or must indicate on the application that the applicant does not possess photo identification.

Subp. 5. Notification to prosecuting authority, adjudicative authority, and probation authority. If the applicant discloses on the application that the eligible person is currently the subject of pending or ongoing criminal legal action, at the time of the application, the applicant must complete a form letter to notify each prosecuting authority, adjudicative authority, and probation authority for the pending or ongoing criminal action of the designated address and the designation of the secretary of state as agent for purposes of service of process. The secretary of state must provide form letters to all application assistants. The form letter must include a statement that any prospective service of process must be clearly labeled as service of process on the exterior of the envelope containing the service.

Subp. 6. Submission by application assistant. The application assistant shall submit completed applications and any additional materials by first class mail to the secretary of state.

Subp. 7. Missing information. If the completed application does not meet the requirements of this part, the secretary of state shall contact the applicant listed on the application to obtain the missing information. The eligible person shall be certified only if the missing information is provided.

Subp. 8. Effective date. A properly completed application is effective on the day it is reviewed and certified by the secretary of state.

Subp. 9. Voter registration through secretary of state. At the time of application, the application assistant must also offer the applicant the opportunity to register to vote as a permanent absentee voter with the secretary of state, pursuant to part 8290.1300 and Minnesota Statutes, section 5B.06. A voter registration application filled out in the presence of an application assistant and submitted by an application assistant is not considered registration by mail as provided in Minnesota Statutes, section 201.061.

Subp. 10. Penalties. A person who falsely attests in an application or who knowingly provides false or incorrect information upon making an application is subject to penalties under Minnesota Statutes, section 5.15, cancellation of program certification, or both.

Statutory Authority: MS s 5B.08

History: 34 SR 819; 39 SR 392; 39 SR 1378

 

8290.0300. Certification of Program Participant.

Subpart 1. Certification. An eligible person or a minor child residing at the residential address for whom a properly completed application or renewal is filed shall be certified by the secretary of state as a program participant.

Subp. 2. Duration. A program participant is certified for four years following the date the application or renewal is certified unless the certification is canceled or withdrawn before that date.

Subp. 3. Duties of secretary of state and program participant. Upon certification, the secretary of state shall, within three business days, issue and mail a Safe at Home card to the program participant’s mailing address with instructions on how to use the Safe at Home card. Upon receipt, the program participant must immediately sign the Safe at Home card. A program participant under the age of 11 may have the card signed by the adult responsible for the participant.

Subp. 4. Communication; verification of identity. The secretary of state must verify the identity of the applicant or program participant before discussing any data related to certification or otherwise related to the applicant or program participant.

Subp. 5. Notification to other parties. If an application submitted to the secretary of state discloses that the eligible person is the subject of a pending or ongoing criminal legal action, the applicant or eligible person must have completed and submitted with the application the form letter referenced in part 8290.0200, subpart 5. The secretary of state must mail the letter to the appropriate prosecuting authority, probation authority, and adjudicative authority. If compliance with this subpart is necessary and the letters have not been submitted to the secretary of state, the secretary of state shall certify the program participant, and provide the program participant with new form letters and instructions on how they must be used. Failure by the applicant to provide these letters to the secretary of state shall lead to cancellation pursuant to part 8290.0900.

Subp. 6. Lost or stolen card. A program participant shall contact the secretary of state whenever a Safe at Home card is lost or stolen. The secretary of state shall issue a replacement Safe at Home card to the program participant. If a card is found by a program participant after being reported lost or stolen, the program participant shall return the card to the secretary of state.

Statutory Authority: MS s 5B.08

History: 34 SR 819; 39 SR 1378

 

8290.0400. Designated Address.

Subpart 1. Address and program status. Every public or private person or entity shall accept the designated address as the true address of the program participant. Presentation of the Safe at Home card creates a rebuttable presumption that the individual listed on the card is a program participant. A program participant is not required to respond to any question a public or private person puts to the program participant about the details or circumstances of the person’s inclusion in the program. The public or private person or entity may contact the secretary of state for information on the program.

Subp. 2. Request. The program participant, and not the secretary of state, is responsible for requesting the use of the designated address by any public or private person or entity as the address of the program participant.

Subp. 3. Secretary of state as agent. The secretary of state is the agent for receipt of all mail sent by public and private persons and entities to the program participants at the designated address.

Subp. 4. Mail to be forwarded. All mail specifically addressed to the program participant at the designated address must be forwarded at least every second business day to the participant at the participant’s mailing address. Envelopes containing the mail being forwarded must be marked “Return Service Requested.” The secretary of state is not required to forward mail if the mail is not specifically addressed to a program participant.

Subp. 5. Short-term mail hold. The secretary of state may hold a participant’s mail for up to three days upon request of the program participant. The secretary of state may hold a participant’s mail for up to a total of three weeks if the participant has sent a signed, written mail hold request to the secretary of state that includes a telephone number at which the participant can be reached. Upon receipt of a written request, the secretary of state must compare the signature of the program participant or applicant on the request with the signature on the original application or on any other document on file with the secretary of state and conclude that the signatures are the same. The mail hold is effective the date the secretary of state receives the request, unless the participant has indicated an alternate effective future date.

Subp. 6. Limited circumstances of use of actual address.

A. In cases in which a public or private person or entity must under federal law obtain a program participant’s actual address, the program participant must provide the program participant’s actual address, in addition to the designated address.

B. For those services delivered to an actual address or tied to residency in a particular jurisdiction, the public or private person must request only that portion of the actual address required in order to provide those services, in addition to the designated address.

C. A program participant who is subject to criminal justice system management must, upon request, supply the program participant’s actual address to the participant’s supervising person, in addition to the designated address, if there are specific court-ordered conditions related to the participant’s actual address as part of the supervision.

D. In cases in which all or part of the actual address has been disclosed pursuant to item A, B, or C, the designated address must be used as the address of the program participant by the public or private person or entity for all purposes where the actual address is not specifically required.

E. The secretary of state, upon request of the public or private person, shall suggest measures that shall assist in protecting the actual address and the program participant’s name against disclosure in any way. Measures may include, but are not limited to, assigning a pseudonym to the program participant; suppressing the program participant’s name on records; keeping the actual address in the program participant’s paper file, but not entering it into a database; and making the records password protected and limiting access to them to a small pool of staff.

Subp. 7. Availability to law enforcement. The secretary of state shall be available at all times to fulfill the requirements of Minnesota Statutes, section 5B.07, subdivision 2, in exigent circumstances.

Statutory Authority: MS s 5B.08

History: 34 SR 819; 39 SR 1378

 

8290.0500. Service of Process.

Subpart 1. Secretary of state as agent. The secretary of state shall be an agent of the program participant upon whom any summons, writ, notice, demand, or process may be served. The secretary of state shall not charge a fee for accepting service. The secretary of state ceases to be agent when a program participant is canceled or withdraws from program participation.

Subp. 2. Service by mail. Service on the secretary of state of any such summons, writ, notice, demand, or process must be made by mailing the summons, writ, notice, demand, or process to the participant, including the participant’s first and last name, at the participant’s designated address. If an envelope enclosing the summons, writ, notice, demand, or process is clearly labeled as service of process on the outside of the envelope and is served by first class or certified mail on the secretary of state, the secretary of state shall forward the service to the program participant no later than the next business day unless the program participant has requested a mail hold or is in a pending cancellation status due to undeliverable mail. If the secretary of state receives service for a program participant in pending cancellation status due to undeliverable mail, the secretary of state must attempt to contact the participant through alternative means and obtain a current mailing address. If the secretary of state cannot obtain an alternative mailing address within two business days of the receipt of service, the secretary of state must forward the service to the program participant at the address on file with the secretary of state. As the secretary of state is the agent for service of process, the signed receipt of certified mail by the secretary of state constitutes proof of service on the program participant and commences the time in which responsive pleadings must be filed.

Subp. 3. Service in person. In the event that personal service of any document is required by law, that document may be served by delivering the document to any public counter of the Office of the Secretary of State. In order for the secretary of state to accept service on a participant, the service documents must indicate the program participant’s first and last name and lot number. The secretary of state must forward the service to the program participant no later than the next business day unless the program participant has requested a mail hold or is in a pending cancellation status due to undeliverable mail. If the secretary of state receives service for a program participant in pending cancellation status due to undeliverable mail, the secretary of state must attempt to contact the participant through alternative means and obtain a current mailing address. If the secretary of state cannot obtain an alternative mailing address within two business days of the receipt of service, the secretary of state must forward the service to the program participant at the address on file with the secretary of state. As the secretary of state is the agent for service of process, an affidavit of service on the secretary of state constitutes proof of service on the program participant and commences the time in which responsive pleadings must be filed.

Subp. 4. Record. The secretary of state shall maintain, in the program participant’s file, a record of services served upon the secretary of state for that participant. The secretary of state shall include in the file the action taken on that service, including the name of the program participant to whom the service is directed, the date of receipt, the date of mailing, and whether the mailing was returned to the secretary of state as undeliverable.

Statutory Authority: MS s 5B.08

History: 34 SR 819; 39 SR 1378

 

8290.0600. Attaining Age of Majority.

Subpart 1. Notification of option to continue certification. When a program participant reaches the age of 18, the secretary of state shall inform the program participant of the option of continuing certification in Safe at Home by sending a certification continuance form by first class mail to the program participant’s mailing address. The notice must provide instructions to the program participant on what actions to take upon attaining the age of majority if the program participant does not submit a certification continuance form, including the return of the Safe at Home card and notification to public and private persons of the actual address, and that the designated address is no longer the address of the program participant. If the secretary of state has not received a certification continuance form within 30 days after the program participant reaches the age of 18, the secretary of state must mail a notice to the program participant stating that the program participant is in pending cancellation status and the program participant’s certification shall be canceled if the participant fails to submit the certification of continuance within ten days.

Subp. 1a. Voter registration information. Along with the certification continuance form sent 30 days prior to expiration, the secretary of state must also offer the program participant the opportunity to register to vote as an ongoing absentee voter with the secretary of state, pursuant to part 8290.1300 and Minnesota Statutes, section 5B.06.

Subp. 1b. Certification continuance. The secretary of state shall renew the certification of a program participant when the secretary of state receives a certification continuance from that program participant. The certification continuance must contain the same information required in the application as specified in part 8290.0200, subpart 1, except the certification continuance need not contain the signature of an application assistant.

Subp. 2. Responsibility for information changes. An individual who became a program participant as a minor child assumes responsibility for information changes pursuant to part 8290.0700 and renewal pursuant to part 8290.1100 when the individual reaches the age of 18.

Subp. 3. Address change; reapplication or withdrawal. A program participant who reaches the age of 18 must reapply or withdraw if the participant establishes a new residence separate from the adult participant who applied for certification on the participant’s behalf when the program participant was a minor.

Subp. 4. Reapplication. Program participants who reach the age of 18 who have withdrawn or whose certification expires or has expired may reapply on their own behalf.

Statutory Authority: MS s 5B.08

History: 34 SR 819; 39 SR 1378

 

8290.0700. CHANGES IN PROGRAM PARTICIPANT INFORMATION.

Subpart 1. Notification of personal contact changes. A program participant or applicant shall send signed, written notification of a change of mailing or actual address, telephone number, legal name, or permanent contact data to the secretary of state.

Subp. 2. Additional minor children. If a program participant sends signed, written notification to the secretary of state that the program participant is now responsible for additional minor children, the secretary of state must certify the minor children as program participants and issue them Safe at Home cards.

Subp. 3. Notification of name changes. If the legal name of a program participant changes, the program participant or applicant shall send signed, written notification to the secretary of state along with a copy of the court order or other formal documentation indicating the legal name change and the program participant’s Safe at Home card or a statement that the program participant has misplaced the Safe at Home card. The program participant must also provide the secretary of state the new signature for the purpose of future changes according to this part. The secretary of state must send a Safe at Home card with the participant’s new legal name to the participant within two business days of receiving notification under this subpart and conducting the verification required by subpart 4.

Subp. 4. Signature verification. Before making changes in information effective, the secretary of state must compare the signature of the program participant or applicant on the notification of the change with the signature on the original application, or on any other document on file with the secretary of state, and conclude that the signatures are the same.

Subp. 5. Change in identity. On or before the effective date of a change in identity, a program participant or an applicant, if different, must withdraw from Safe at Home pursuant to part 8290.1000. The program participant or applicant may apply for recertification in Safe at Home under the new identity.

Statutory Authority: MS s 5B.08

History: 34 SR 819; 39 SR 1378

 

8290.0800. TRANSFER OF SCHOOL RECORDS.

Subpart 1. Participant request. A parent or guardian of a program participant who is a student in an elementary or secondary school in Minnesota, or a student in a secondary school in Minnesota who is a program participant who has reached the age of majority, may submit a records transfer request to the secretary of state which shall consist of written consent for: (1) the secretary of state to request the student’s records from the student’s previous school; (2) the student’s previous school to provide the student’s records to the secretary of state; and (3) the secretary of state to send the records to the student’s new school. If it is in receipt of a records transfer request, the secretary of state must request the student’s records from the student’s previous school and provide the student’s previous school with the parent’s, guardian’s, or student’s written consent for the school to provide the student’s records to the secretary of state. A school that receives such a request must send the student’s records to the secretary of state within the time frame required by Minnesota Statutes, section 120A.22, subdivision 7. The secretary of state must forward the records to the student’s new school as soon as practicable after receipt.

Subp. 2. School request. If a school makes a request of the secretary of state to facilitate the transfer of records for a student who is a program participant, the secretary of state must provide the program participant’s parent or guardian or the program participant, if the program participant has reached the age of majority, with the opportunity to provide a records transfer request to the secretary of state, in accordance with subpart 1.

Statutory Authority: MS s 5B.08

History: 34 SR 819

 

8290.0900. Failure to Notify Secretary of State of Changes in Information; Cancellation.

Subpart 1. Warning by secretary of state. If:

A. the secretary of state learns that a program participant has failed to provide prior notification about a change in the participant’s mailing or residential address, telephone number, legal name, or permanent contact data, as required by part 8290.0700, subpart 1;

B. mail forwarded by the secretary of state to the program participant is returned as undeliverable;

C. the program participant has not complied with part 8290.0200, subpart 5, if required, at the time the secretary of state mails notice of the certification to the program participant; or

D. the program participant has not complied with part 8290.0600 after 30 days of reaching the age of 18;

the secretary of state must contact the program participant or applicant, if different, to request that the program participant or applicant comply with part 8290.0200, subpart 5, 8290.0600, or 8290.0700, subpart 1. The notice must state that if the program participant or applicant fails to comply within ten business days, the program participant’s certification shall be canceled and the former program participant must return any Safe at Home cards in the participant’s possession.

Subp. 1a. Participant no longer eligible. If the secretary of state learns that a program participant is no longer eligible, the secretary of state must provide the program participant with the opportunity to submit a withdrawal request in accordance with part 8290.1000.

Subp. 1b. Pending cancellation status. After the secretary of state has provided notice as required by subpart 1 or 1a, the program participant is in pending cancellation status. While in this status, the secretary of state must hold the program participant’s mail and must not forward it to the program participant. Pending cancellation status ends after ten business days, or upon the program participant’s compliance with part 8290.0200, subpart 5, 8290.0700, subpart 1, or 8290.1000, whichever occurs first. This subpart does not prevent the secretary of state from forwarding correspondence marked “service of process” pursuant to part 8290.0500.

Subp. 2. Cancellation.

A. If the program participant’s pending cancellation status expires, the secretary of state must cancel the certification of the program participant.

B. If a program participant or applicant provides false information when applying for certification or renewal, or on a change of information notice, the secretary of state must cancel the certification of the program participant.

Subp. 3. Cancellation of program certification without recourse. The secretary of state must cancel a program participant’s certification if a program participant or applicant is found by a court to have knowingly provided false information when applying for certification or renewal, or on a change of information notice. The court may include in the finding a restriction or prohibition on reapplication to Safe at Home. The secretary of state shall inform the former program participant that the Safe at Home card must be returned immediately. Upon receiving the court findings and sending the notice, the secretary of state shall execute these actions.

Subp. 4. Return of mail. If the certification of the program participant is canceled, mail addressed to the program participant must be returned to the sender.

Statutory Authority: MS s 5B.08

History: 34 SR 819; 39 SR 1378

 

8290.1000. Withdrawal of Program Certification.

Subpart 1. Withdrawal request.

A. A program participant or an applicant, if different, may withdraw from Safe at Home by submitting a signed withdrawal request along with any Safe at Home cards.

B. The withdrawal request shall include a statement that the program participant or applicant:

(1) wants to withdraw from Safe at Home; and

(2) understands that it is the responsibility of the program participant or applicant, if different, to notify all persons of a new mailing address at which the participant can be contacted.

C. The program participant shall list the names of any minor children who are being withdrawn from the program on the withdrawal request.

D. The program participant or applicant may request mail be forwarded up to 30 days immediately following the date on which the withdrawal is effective and may provide an address to which mail should be forwarded for this period, if different than the mailing address on record. The secretary of state may only forward mail within the United States.

E. The program participant or applicant may include the date on which the participant would like the withdrawal to be effective.

Subp. 2. Signature verification. Before terminating a program participant’s certification, the secretary of state must compare the signature of the program participant or applicant on the withdrawal request with the signature on the original application or on any other document on file with the secretary of state and conclude that the signatures are the same.

Subp. 3. Termination. Certification as a program participant shall be terminated upon withdrawal. The termination is effective on the day the withdrawal request is received by the secretary of state, unless the participant designated a future effective date on the withdrawal request.

Subp. 4. Mail forwarding. Mail received at the designated address for the program participant other than mail designated “Do Not Forward,” “Return Service Requested,” “Service of Process,” or similarly designated, must be forwarded to the program participant for 30 days after the effective date of withdrawal, unless the program participant or applicant has designated a shorter period. After 30 days mail must be returned to the sender.

Subp. 5. Reapplication. A program participant whose certification is withdrawn may reapply or have an applicant reapply on the program participant’s behalf pursuant to part 8290.0200.

Statutory Authority: MS s 5B.08

History: 34 SR 819; 39 SR 1378

 

8290.1100. Renewal of Program Certification.

Subpart 1. Notification of option to renew.

A. At least 30 days before the expiration of the certification, the secretary of state shall inform the program participant or applicant, if different, of the option of renewing certification in Safe at Home by sending a renewal form by first class mail to the program participant’s mailing address. The notice must provide instructions to the program participant on what actions to take upon expiration, including the return of the Safe at Home card and notification to public and private persons of the actual address, and that the designated address is no longer the address of the program participant. If the secretary of state has not received a renewal form ten days before the expiration of the program participant’s certification, the secretary of state must mail a notice to the program participant reminding the program participant of the option to renew.

B. Along with the renewal form sent 30 days prior to expiration, the secretary of state must also offer the program participant the opportunity to register to vote as a permanent absentee voter with the secretary of state, pursuant to part 8290.1300 and Minnesota Statutes, section 5B.06, if the program participant has not already done so.

Subp. 2. Application. The secretary of state shall renew the certification of a program participant when the secretary of state receives a certification renewal form from that program participant or applicant, if different. The application must contain the same information required in the application as specified in part 8290.0200, subpart 1, except the renewal need not contain the signature of an application assistant.

Subp. 3. Duties of applicant. The program participant or applicant, if different, must provide all the information required by subpart 2 in the renewal, and date and sign the renewal.

Subp. 4. Completed renewals to be mailed. The program participant or applicant must submit completed renewals and any additional materials by first class mail to the secretary of state.

Subp. 5. Missing information. If the completed renewal does not meet the requirements of this part, the secretary of state shall contact the program participant or applicant to obtain the missing information.

Subp. 6. Effective date. A properly completed renewal postmarked on or before the expiration date is effective on the day it is reviewed and certified by the secretary of state.

Subp. 7. Duties of secretary of state and program participants. The secretary of state must send new Safe at Home cards with updated expiration dates within three business days of renewing a program participant’s certification. Upon receipt, the program participant must immediately sign the Safe at Home card. A program participant under the age of 11 may have the card signed by the adult responsible for that person.

Subp. 8. Penalties. A person who falsely attests in a renewal or who knowingly provides false information upon making an application for renewal is subject to penalties under Minnesota Statutes, section 5.15, cancellation of program certification, or both.

Statutory Authority: MS s 5B.08

History: 34 SR 819; 39 SR 392; 39 SR 1378

 

8290.1200. Expiration of Program Certification.

When the term of a program participant expires, the program participant is no longer certified in Safe at Home. The secretary of state must forward mail to the former program participant’s mailing address for five days after the expiration date. After that five-day period, the secretary of state must return all mail to the sender.

Statutory Authority: MS s 5B.08

History: 34 SR 819

 

8290.1300. Voting by Program Participant.

Subpart 1. Internal procedures. The secretary of state shall establish internal procedures designed to facilitate voting by program participants that minimize the number of persons with access to program participant data while maintaining the integrity of the election process.

Subp. 2. Permanent absentee voter status. A program participant who is eligible to vote may register to vote with the secretary of state as a permanent absentee voter pursuant to Minnesota Statutes, section 5B.06. The secretary of state shall maintain a record of each program participant registering to vote as a permanent absentee voter. If a program participant withdraws or is canceled from the program, the individual loses eligibility to vote through Safe at Home. In order to comply with the Help America Vote Act when registering to vote, the program participant must provide a copy of a photo identification with the combined voter registration and permanent absentee ballot request form if:

A. it was not submitted by an application assistant;

B. the statewide voter registration system indicates that the program participant voter has not previously voted in a federal election in Minnesota;

C. the application states that the participant possesses photo identification; and

D. the program participant voter has not already provided the secretary of state with a photocopy of photo identification.

Subp. 2a. Review and removal from voter registration system. Upon certification of an application, the secretary of state must suppress any record for a program participant found in the system. When a program participant withdraws or is canceled from the program, the secretary of state must unsuppress any voter record for the program participant in the statewide voter registration system.

Subp. 2b. Challenging voter records.

A. If a program participant or applicant provides information to the secretary of state that indicates that a program participant voter is not eligible to vote, or if the secretary of state is able to determine from information provided by the commissioner of corrections, the state court administrator, or the Department of Public Safety that the program participant voter is not eligible to vote, then the secretary of state must mark the voter’s record as challenged.

B. If the secretary of state is able to determine from information provided by any of the sources in item A that a program participant whose voter record was challenged has become eligible to vote, the secretary of state must remove the challenge from the program participant’s voter record.

Subp. 2c. Updates to voter records. If a program participant or applicant submits notification in accordance with part 8290.0700 that the program participant voter has moved or the voter’s name has changed, the secretary of state must update the program participant’s voter record.

Subp. 3. Identification of program participant voters. Whenever the secretary of state is notified that an election will be taking place, the secretary of state must, at least 60 days before the election, or in the case of a special election, within two business days after it is scheduled, identify all program participant voters who live in the jurisdiction.

Subp. 4. [Repealed, 39 SR 392]

Subp. 5. Requesting absentee ballots. The secretary of state must communicate to the appropriate election administrator of each jurisdiction the number of ballots necessary for each jurisdiction to provide ballots to program participant voters whose records are not challenged. Notwithstanding part 8210.0200, the election administrator must provide the appropriate ballots for that election to the secretary of state.

Subp. 6. Ballot distribution. The secretary of state must forward ballots to each program participant whose voter record is not challenged by first class mail, accompanied by a notice of the criteria for being eligible to vote in Minnesota, absentee ballot instructions, a ballot envelope, a signature envelope, and a return envelope addressed to the secretary of state.

Subp. 6a. Notice to challenged voters. The secretary of state must send a notice to program participants whose voter records are challenged to explain the basis of the challenge and that the program participant will not be provided with a ballot unless the program participant returns a signed statement swearing or affirming that the program participant is eligible to vote. If the program participant returns the signed statement, the secretary of state must remove the challenge from the program participant’s voter record, request a ballot for the program participant, and forward it to the program participant by first class mail.

Subp. 7. Return of unvoted ballots. The secretary of state must return unvoted absentee ballots to the appropriate county auditor in cases in which:

A. they are returned by the United States Postal Service; or

B. the program participant is canceled or withdraws from the program after the ballots were requested, but before they were mailed; or

C. the program participant’s residential address is updated on the program participant’s voting record in accordance with subpart 2c after the ballots were requested, but before they were mailed; or

D. the program participant’s voter eligibility is challenged in accordance with subpart 2b after the ballots were requested, but before they were mailed; or

E. the program participant dies after the ballots were requested, but before they were mailed.

Subp. 8. Ballot handling.

A. Notwithstanding part 8210.0500, program participants must submit their return envelopes to the secretary of state.

B. If the program participant submits a signature envelope, the secretary of state must review the signature envelope and the program participant voter’s record to determine whether the secretary of state is satisfied that:

(1) the individual has not withdrawn or been canceled from Safe at Home;

(2) the program participant’s voter record is not challenged;

(3) the program participant’s name and identification number or signature on the signature envelope appear in substantially the same form as on the absentee ballot request form described in subpart 2; and

(4) the certificate on the signature envelope is properly executed.

C. The secretary of state must remove the ballot envelope from the signature envelope received from the program participant and transfer the ballot envelope to an envelope with the verification certificate printed on it. The secretary of state must complete and sign the verification certificate. The verification certificate includes the county, municipality, ward, and precinct/school district combination and states that the ballot is provided for a Safe at Home participant, and whether or not all of the following are true:

(1) the individual is an active program participant;

(2) the program participant’s voter record is not challenged;

(3) the secretary of state is satisfied that the program participant’s name and identification number or signature on the signature envelope appear in substantially the same form as on the permanent absentee ballot request form described in subpart 2; and

(4) whether the certificate on the signature envelope is properly executed. The secretary of state must then forward these materials to the county auditor by first class mail.

Subp. 9. County auditor to forward ballot. The county auditor shall forward the envelope bearing the verification certificate to the appropriate absentee ballot board.

Subp. 10. Receipt and counting of ballots. The absentee ballot board must review the verification certificate and may only reject the absentee ballot if the verification certificate indicates that the secretary of state was not satisfied that the program participant met the requirements of this part or if the secretary has subsequently notified the county auditor that the ballot should be rejected, in accordance with subpart 10e. If the absentee ballot board accepts the ballot, the election judges must write “SAH” followed by a sequential number for each Safe at Home ballot processed and “AB” on the election day registration roster page. An accepted ballot is counted as any other registered absentee ballot for statistical purposes.

Subp. 10a. Replacement ballots. If the secretary of state forwards a certification envelope to a county auditor at least five days before the election that indicates that the ballot should be rejected because of reasons identified in subpart 8, item C, subitem (3) or (4), the secretary of state must request a replacement ballot from the county auditor for the program participant. The county auditor must promptly fulfill this request and the secretary of state must forward it to the program participant by first class mail.

Subp. 10b. Notice of rejected ballot. If within five days before the election the secretary of state forwards a certification envelope to a county auditor that indicates that the ballot should be rejected because of reasons identified in subpart 8, item C, subitem (3) or (4), the secretary of state must attempt to contact the program participant by telephone to notify the program participant that the ballot will be rejected.

Subp. 10c. Notice to canceled or withdrawn program participants who were sent ballots. If, after a ballot was sent to a program participant for an upcoming election, the program participant withdraws or is canceled from the program, the secretary of state must inform the former program participant that the former program participant is no longer eligible to vote through Safe at Home. If the program participant was canceled from the program due to mail returned as undeliverable, the secretary of state is exempt from the requirement to provide the former program participant with the written notice required by this subpart or any other written notice required by this part.

Subp. 10d. Challenges after ballots were sent.

A. If, after a ballot was sent to a program participant for an upcoming election, the program participant’s voter record is challenged in accordance with subpart 2b, the secretary of state must notify the program participant in writing that the ballot will not be counted unless the program participant returns a signed statement swearing or affirming that the program participant is eligible to vote.

B. If the challenged program participant returns the signed statement swearing or affirming that the program participant is eligible to vote, the secretary of state must remove the challenge from the program participant’s voter record and process any returned ballot in accordance with subpart 8.

C. If the secretary of state has already forwarded the challenged program participant’s ballot to the county auditor when the secretary of state receives a signed statement swearing or affirming that the program participant is eligible to vote and the verification certificate indicates that the ballot should be rejected, the secretary of state must provide the county auditor with a replacement verification certificate. The absentee ballot board must review the replacement verification certificate to determine whether the program participant’s ballot should be accepted.

Subp. 10e. Participant moved after ballots were sent. If, prior to the time frame for processing ballots in accordance with Minnesota Statutes, section 203B.121, subdivision 4, a program participant’s residential address is updated on the program participant’s voting record in accordance with subpart 2c, then the secretary of state must mark the voter’s record of the ballot as “spoiled.”

If the secretary of state has not received the voted ballot from the program participant, the secretary of state must notify the program participant that the program participant should destroy the ballot and dispose of the other ballot materials and that the ballot will not be counted if it is returned.

If the program participant’s ballot was forwarded to the county auditor and otherwise would have been accepted, then the secretary of state must promptly notify the county auditor in writing that the ballot board should reject the ballot.

The secretary of state must request a replacement ballot for the voter from the appropriate county auditor. Before sending the new ballot to the participant, the secretary of state must print the words “Replacement Ballot” on the signature envelope.

Subp. 10f. Ineligibility after ballot is forwarded to county. If, after a ballot was forwarded to the county auditor that otherwise would have been accepted,

A. a program participant withdraws or is canceled from the program; or

B. the program participant’s voter record is challenged in accordance with subpart 2b; or

C. the program participant dies,

then the secretary of state must promptly notify the county auditor in writing that the ballot board should reject the ballot if the ballot board has not already processed the ballot in accordance with Minnesota Statutes, section 203B.121, subdivision 4.

Subp. 10g. Notice of ballot disposition. Within six to ten weeks after the election, the secretary of state must send a notice to a program participant if the absentee ballot board was instructed to reject the program participant’s ballot.

Subp. 11. Review and determination by secretary of state. By March 31 of each year, the secretary of state must determine whether any program participants who cast ballots in the preceding 12-month period are recorded in the statewide voter registration system as having both a record of casting a ballot under this part and also voting in the same election. If it is found that a program participant voter casting a ballot under this part also has a voting history record for the same election in the statewide voter registration system, the secretary of state shall notify the appropriate county attorney of that fact.

Subp. 12. Cessation of permanent absentee voter status. The secretary of state must revoke the program participant’s permanent absentee voter status under this part until the county attorney confirms that the issue has been resolved in favor of the program participant if voting records under this part and voting history records in the statewide voter registration system show that the program participant has not only cast a ballot under this part but also voted in the same election by other means.

Subp. 13. Record keeping. The secretary of state must maintain a record for each election with the number of ballots requested by precinct/school district combinations, blank ballots received from each county auditor, assembled ballots sent to program participants, unvoted ballots returned to the county auditors, ballot envelopes returned by program participants to the secretary of state, and certification envelopes forwarded to county auditors.

Subp. 14. Biennial report. By April 30 of each odd-numbered year, the secretary of state shall issue a report on the activities of program participants during the period of two calendar years ending on December 31 preceding the report date.

Statutory Authority: MS s 5B.08

History: 34 SR 819; 39 SR 392; 39 SR 1378

 

8290.1400. Summary Data.

For purposes of collecting state aid on motor vehicles pursuant to Minnesota Statutes, section 163.051, the secretary of state shall issue to the Department of Public Safety and to the Minnesota Department of Transportation a table containing summary data by county on the number of motor vehicles reported as registered at the program participant’s designated address by program participants. The table must be used only for the purposes of issuing state aid on motor vehicles and wheelage tax administration.

Statutory Authority: MS s 5B.08

History: 34 SR 819; 39 SR 1378

 

8290.1500. Application Assistant Accreditation.

Subpart 1. Role of community-based programs. The role of the community-based programs in Safe at Home is to select potential application assistants to explain to an applicant the program’s services and limitations, explain to an applicant a program participant’s responsibilities, and assist applicants in the completion of application materials.

Subp. 2. When awarded. Application assistant accreditation shall be awarded by the secretary of state when:

A. the prospective application assistant:

(1) completes an application that includes the prospective application assistant’s name, business mailing address, business telephone number, and business e-mail address, if available; the community-based program at which the application assistant is employed and a contact name for the community-based program; a statement that the application assistant provides direct advocacy services to victims as a substantial part of the application assistant’s current job duties; an agreement to adhere to the instructions and terms provided in the application assistant agreement; and an agreement not to discriminate against any applicant or program participant because of race, creed, religion, color, national origin, gender, marital status, sexual orientation, status with regard to public assistance, age, or mental, physical, or sensory disability;

(2) submits the completed application, with a statement from the community-based program as described in item B, to the secretary of state; and

(3) successfully completes a program orientation or training session sponsored by or on behalf of the secretary of state; and

B. the community-based program confirms that the application assistant is employed by the community-based program and agrees to designate a contact for the community-based program. The program must have a person authorized to act on behalf of the organization execute the application in order for it to be accepted by the secretary of state.

Subp. 3. Employment status. The application assistant performing the duties under this chapter is not deemed to be an employee of the Office of the Secretary of State or of the state of Minnesota or an agent of the secretary of state in any manner whatsoever. The application assistant shall not hold out as, nor claim to be, an officer or employee of the Office of the Secretary of State or of the state of Minnesota simply because the person is an application assistant, and shall not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Office of the Secretary of State or of the state of Minnesota.

Subp. 4. Term of accreditation. An application assistant’s accreditation is ongoing as long as the application assistant maintains employment at the community-based organization named on the application, completes a periodic review approved by the secretary of state at least once every three years, and, in addition, completes any other training deemed necessary by the secretary of state.

Subp. 5. Termination. An application assistant’s accreditation may be terminated by the secretary of state for failing to abide by any requirement in this chapter or for failing to act in accordance with requirements of the secretary of state. An application assistant’s accreditation must be terminated if the application assistant is no longer employed by the community-based organization with which the person applied.

Subp. 6. Employment with another community-based organization. If an application assistant changes employment, leaving employment at one community-based organization and gaining employment at another, the application assistant may apply to become accredited again after the new community-based organization confirms the person is an employee and agrees to designate a contact for the community-based program. The new organization must have a person authorized to act on behalf of the organization execute a new application. The secretary of state will determine what training, if any, is necessary to fully renew the application assistant’s accreditation status.

Subp. 7. Access to application assistants. The secretary of state shall make available a list of the names and telephone numbers of community-based programs at which accredited application assistants may be found.

Subp. 8. Records. An application assistant shall forward the completed application materials required by this chapter to the secretary of state. If the applicant so directs, an application assistant may mail any optional notices that are generated as a part of the application process to the appropriate party. Any remaining application materials must be given to the applicant or securely disposed of by the application assistant.

Statutory Authority: MS s 5B.08

History: 34 SR 819; 39 SR 1378

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CHAPTER 2 – TERRITORIAL DIVISIONS

2.91. Redistricting plans.

Subd. 1. Distribution. Upon enactment of a redistricting plan for the legislature or for Congress, the Legislative Coordinating Commission shall deposit the plan with the secretary of state. The secretary of state shall provide copies of the relevant portions of the redistricting plan to each county auditor, who shall provide a copy of the relevant portions of the plan to each municipal clerk within the county. The secretary of state, with the cooperation of the commissioner of administration, shall make copies of the plan file, maps, and tables available to the public for the cost of publication. The revisor of statutes shall code a metes and bounds description of the districts in Minnesota Statutes.

Subd. 2. Corrections. The legislature intends that a redistricting plan encompass all the territory of this state, that no territory be omitted or duplicated, that all districts consist of convenient contiguous territory substantially equal in population, and that political subdivisions not be divided more than necessary to meet constitutional requirements. Therefore, in implementing a redistricting plan for the legislature or for Congress, the secretary of state, after notifying the Legislative Coordinating Commission and the revisor of statutes, shall order the following corrections:

(a) If a territory in this state is not named in the redistricting plan but lies within the boundaries of a district, it is a part of the district within which it lies.

(b) If a territory in this state is not named in the redistricting plan but lies between the boundaries of two or more districts, it is a part of the contiguous district having the smallest population.

(c) If a territory in this state is assigned in the redistricting plan to two or more districts, it is part of the district having the smallest population.

(d) If a territory in this state is assigned to a district that consists of other territory containing a majority of the population of the district but with which it is not contiguous, the territory is a part of the contiguous district having the smallest population.

(e) If the description of a district boundary line that divides a political subdivision is ambiguous because a highway, street, railroad track, power transmission line, river, creek, or other physical feature or census block boundary that forms part of the district boundary is omitted or is not properly named or has been changed, or because a compass direction for the boundary line is wrong, the secretary of state shall add or correct the name or compass direction and resolve the ambiguity in favor of creating districts of convenient, contiguous territory of substantially equal population that do not divide political subdivisions more than is necessary to meet constitutional requirements.

Subd. 3. Notice of corrections. The secretary of state shall provide a copy of each correction order to each affected county auditor, municipal clerk, and candidate.

Subd. 4. Recommendations to legislature. The secretary of state and the revisor of statutes shall recommend to the legislature any additional technical corrections to the redistricting plan they deem necessary or desirable.

History: Laws 1994, c. 406, § 9; Laws 1994, c. 612, § 67.

Notes and Decisions: To utilize politically neutral redistricting principles that advanced the interests of collective public good and preserved public’s confidence and perception of fairness in congressional redistricting process, judicially-appointed special redistricting panel would: (1) adhere to the United States Constitution; (2) adhere to the Voting Rights Act of 1965, as amended; (3) adhere to state’s statutory requirements for congressional redistricting, such as drawing districts that comprised convenient, contiguous territory; (4) adhere to well-established redistricting principles, such as creating compact districts and preserving communities of interest; and (5) draw districts without the purpose of either protecting or defeating incumbents. Hippert v. Ritchie, 813 N.W.2d 374 (Minn. 2012).

Voter who argued that county redistricting, which gave the city majorities of voters in three of five commissioner districts despite the fact that city residents were not a majority in the county, impaired his fundamental right to vote by diluting the power of the rural voter, did not establish that the redistricting impacted a suspect class or a fundamental right, as required to raise a justiciable constitutional claim. Krueger v. McLeod County, 2006 WL 1390417(Minn. App. May 23, 2006) (unpublished op.).

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CHAPTER 10A – CAMPAIGN FINANCE AND PUBLIC DISCLOSURE

GENERAL PROVISIONS; DUTIES OF BOARD

10A.01. Definitions.

Subd. 1. Application. For the purposes of this chapter, the terms defined in this section have the meanings given them unless the context clearly indicates otherwise.

Subd. 2. Administrative action. “Administrative action” means an action by any official, board, commission or agency of the executive branch to adopt, amend, or repeal a rule under chapter 14. “Administrative action” does not include the application or administration of an adopted rule, except in cases of rate setting, power plant and powerline siting, and granting of certificates of need under section 216B.243.

Subd. 3. Advance of credit. “Advance of credit” means any money owed for goods provided or services rendered. “Advance of credit” does not mean a loan as defined in subdivision 20.

Subd. 4. Approved expenditure. “Approved expenditure” means an expenditure made on behalf of a candidate by an entity other than the principal campaign committee of the candidate, if the expenditure is made with the authorization or expressed or implied consent of, or in cooperation or in concert with, or at the request or suggestion of the candidate, the candidate’s principal campaign committee, or the candidate’s agent. An approved expenditure is a contribution to that candidate.

Subd. 5. Associated business. “Associated business” means an association, corporation, partnership, limited liability company, limited liability partnership, or other organized legal entity from which the individual receives compensation in excess of $250, except for actual and reasonable expenses, in any month as a director, officer, owner, member, partner, employer or employee, or whose securities the individual holds worth more than $10,000 at fair market value.

Subd. 6. Association. “Association” means a group of two or more persons, who are not all members of an immediate family, acting in concert.

Subd. 7. Ballot question. “Ballot question” means a question or proposition that is placed on the ballot and that may be voted on by all voters of the state. “Promoting or defeating a ballot question” includes activities, other than lobbying activities, related to qualifying the question for placement on the ballot.

Subd. 7a. Deleted by amendment, Laws 1999, c. 220, § 1.

Subd. 7b. Renumbered subd. 13 in St.1999 Supp.

Subd. 7c. Ballot question political committee. “Ballot question political committee” means a political committee that makes only expenditures to promote or defeat a ballot question and disbursements permitted under section 10A.121, subdivision 1.

Subd. 7d. Ballot question political fund. “Ballot question political fund” means a political fund that makes only expenditures to promote or defeat a ballot question and disbursements permitted under section 10A.121, subdivision 1.

Subd. 8. Board. “Board” means the state Campaign Finance and Public Disclosure Board.

Subd. 9. Campaign expenditure. “Campaign expenditure” or “expenditure” means a purchase or payment of money or anything of value, or an advance of credit, made or incurred for the purpose of influencing the nomination or election of a candidate or for the purpose of promoting or defeating a ballot question.

An expenditure is considered to be made in the year in which the candidate made the purchase of goods or services or incurred an obligation to pay for goods or services.

An expenditure made for the purpose of defeating a candidate is considered made for the purpose of influencing the nomination or election of that candidate or any opponent of that candidate.

Except as provided in clause (1), “expenditure” includes the dollar value of a donation in kind.

“Expenditure” does not include:

(1) noncampaign disbursements as defined in subdivision 26;

(2) services provided without compensation by an individual volunteering personal time on behalf of a candidate, ballot question, political committee, political fund, principal campaign committee, or party unit;

(3) the publishing or broadcasting of news items or editorial comments by the news media; or

(4) an individual’s unreimbursed personal use of an automobile owned by the individual and used by the individual while volunteering personal time.

Subd. 9a. Renumbered subd. 16 in St.1999 Supp.

Subd. 10. Candidate. “Candidate” means an individual who seeks nomination or election as a state constitutional officer, legislator, or judge. An individual is deemed to seek nomination or election if the individual has taken the action necessary under the law of this state to qualify for nomination or election, has received contributions or made expenditures in excess of $750, or has given implicit or explicit consent for any other person to receive contributions or make expenditures in excess of $750, for the purpose of bringing about the individual’s nomination or election. A candidate remains a candidate until the candidate’s principal campaign committee is dissolved as provided in section 10A.243.

Subds. 10a to 10c. Renumbered subds. 4, 18, 26 in St.1999 Supp.

Subd. 11. Contribution. (a) “Contribution” means money, a negotiable instrument, or a donation in kind that is given to a political committee, political fund, principal campaign committee, or party unit. An allocation by an association of general treasury money to be used for activities that must be or are reported through the association’s political fund is considered to be a contribution for the purposes of disclosure required by this chapter.

(b) “Contribution” includes a loan or advance of credit to a political committee, political fund, principal campaign committee, or party unit, if the loan or advance of credit is: (1) forgiven; or (2) repaid by an individual or an association other than the political committee, political fund, principal campaign committee, or party unit to which the loan or advance of credit was made. If an advance of credit or a loan is forgiven or repaid as provided in this paragraph, it is a contribution in the year in which the loan or advance of credit was made.

(c) “Contribution” does not include services provided without compensation by an individual volunteering personal time on behalf of a candidate, ballot question, political committee, political fund, principal campaign committee, or party unit; the publishing or broadcasting of news items or editorial comments by the news media; or an individual’s unreimbursed personal use of an automobile owned by the individual while volunteering personal time.

Subd. 12. Depository. “Depository” means a bank, savings association, or credit union organized under federal or state law and transacting business within this state. The depositories of a political committee or political fund include any depository in which the committee or fund has a savings, checking, or similar account, or purchases a money market certificate or certificate of deposit.

Subd. 13. Donation in kind. “Donation in kind” means anything of value that is given, other than money or negotiable instruments. An approved expenditure is a donation in kind.

Subd. 14. Repealed by Laws 1976, c. 307, § 35.

Subd. 15. Election. “Election” means a primary, special primary, general, or special election.

Subd. 16. Election cycle. “Election cycle” means the period from January 1 following a general election for an office to December 31 following the next general election for that office, except that “election cycle” for a special election means the period from the date the special election writ is issued to 15 days after the special election is held. For a regular election, the period from January 1 of the year prior to an election year through December 31 of the election year is the “election segment” of the election cycle. Each other two-year segment of an election cycle is a “nonelection segment” of the election cycle. An election cycle that consists of two calendar years has only an election segment. The election segment of a special election cycle includes the entire special election cycle.

Subd. 16a. Expressly advocating. “Expressly advocating” means that a communication clearly identifies a candidate and uses words or phrases of express advocacy.

Subd. 17. Financial institution. “Financial institution” means a lending institution chartered by an agency of the federal government or regulated by the commissioner of commerce.

Subds. 17a, 17b. Renumbered subds. 30, 34 in St.1999 Supp.

Subd. 17c. General treasury money. “General treasury money” means money that an association other than a principal campaign committee, party unit, or political committee accumulates through membership dues and fees, donations to the association for its general purposes, and income from the operation of a business. General treasury money does not include money collected to influence the nomination or election of candidates or to promote or defeat a ballot question.

Subd. 18. Independent expenditure. “Independent expenditure” means an expenditure expressly advocating the election or defeat of a clearly identified candidate, if the expenditure is made without the express or implied consent, authorization, or cooperation of, and not in concert with or at the request or suggestion of, any candidate or any candidate’s principal campaign committee or agent. An independent expenditure is not a contribution to that candidate. An independent expenditure does not include the act of announcing a formal public endorsement of a candidate for public office, unless the act is simultaneously accompanied by an expenditure that would otherwise qualify as an independent expenditure under this subdivision.

Subd. 18a. Independent expenditure political committee. “Independent expenditure political committee” means a political committee that makes only independent expenditures and disbursements permitted under section 10A.121, subdivision 1.

Subd. 18b. Independent expenditure political fund. “Independent expenditure political fund” means a political fund that makes only independent expenditures and disbursements permitted under section 10A.121, subdivision 1.

Subd. 19. Deleted by amendment, Laws 1999, c. 220, § 1.

Subd. 20. Loan. “Loan” means an advance of money or anything of value made to a political committee, political fund, principal campaign committee, or party unit.

Subd. 21. Lobbyist. (a) “Lobbyist” means an individual:

(1) engaged for pay or other consideration of more than $3,000 from all sources in any year for the purpose of attempting to influence legislative or administrative action, or the official action of a metropolitan governmental unit, by communicating or urging others to communicate with public or local officials; or

(2) who spends more than $250, not including the individual’s own traveling expenses and membership dues, in any year for the purpose of attempting to influence legislative or administrative action, or the official action of a metropolitan governmental unit, by communicating or urging others to communicate with public or local officials.

(b) “Lobbyist” does not include:

(1) a public official;

(2) an employee of the state, including an employee of any of the public higher education systems;

(3) an elected local official;

(4) a nonelected local official or an employee of a political subdivision acting in an official capacity, unless the nonelected official or employee of a political subdivision spends more than 50 hours in any month attempting to influence legislative or administrative action, or the official action of a metropolitan governmental unit other than the political subdivision employing the official or employee, by communicating or urging others to communicate with public or local officials, including time spent monitoring legislative or administrative action, or the official action of a metropolitan governmental unit, and related research, analysis, and compilation and dissemination of information relating to legislative or administrative policy in this state, or to the policies of metropolitan governmental units;

(5) a party or the party’s representative appearing in a proceeding before a state board, commission, or agency of the executive branch unless the board, commission, or agency is taking administrative action;

(6) an individual while engaged in selling goods or services to be paid for by public funds;

(7) a news medium or its employees or agents while engaged in the publishing or broadcasting of news items, editorial comments, or paid advertisements which directly or indirectly urge official action;

(8) a paid expert witness whose testimony is requested by the body before which the witness is appearing, but only to the extent of preparing or delivering testimony; or

(9) a party or the party’s representative appearing to present a claim to the legislature and communicating to legislators only by the filing of a claim form and supporting documents and by appearing at public hearings on the claim.

(c) An individual who volunteers personal time to work without pay or other consideration on a lobbying campaign, and who does not spend more than the limit in paragraph (a), clause (2), need not register as a lobbyist.

(d) An individual who provides administrative support to a lobbyist and whose salary and administrative expenses attributable to lobbying activities are reported as lobbying expenses by the lobbyist, but who does not communicate or urge others to communicate with public or local officials, need not register as a lobbyist.

Subd. 22. Local official. “Local official” means a person who holds elective office in a political subdivision or who is appointed to or employed in a public position in a political subdivision in which the person has authority to make, to recommend, or to vote on as a member of the governing body, major decisions regarding the expenditure or investment of public money.

Subd. 23. Major political party. “Major political party” means a major political party as defined in section 200.02, subdivision 7.

Subd. 24. Metropolitan governmental unit. “Metropolitan governmental unit” means any of the seven counties in the metropolitan area as defined in section 473.121, subdivision 2, a regional railroad authority established by one or more of those counties under section 398A.03, a city with a population of over 50,000 located in the seven-county metropolitan area, the Metropolitan Council, or a metropolitan agency as defined in section 473.121, subdivision 5a.

Subd. 25. Minor political party. “Minor political party” means a minor political party as defined in section 200.02, subdivision 23.

Subd. 26. Noncampaign disbursement. (a) “Noncampaign disbursement” means a purchase or payment of money or anything of value made, or an advance of credit incurred, or a donation in kind received, by a principal campaign committee for any of the following purposes:

(1) payment for accounting and legal services;

(2) return of a contribution to the source;

(3) repayment of a loan made to the principal campaign committee by that committee;

(4) return of a public subsidy;

(5) payment for food, beverages, and necessary utensils and supplies, entertainment, and facility rental for a fund-raising event;

(6) services for a constituent by a member of the legislature or a constitutional officer in the executive branch as provided in section 10A.173, subdivision 1;

(7) payment for food and beverages consumed by a candidate or volunteers while they are engaged in campaign activities;

(8) payment for food or a beverage consumed while attending a reception or meeting directly related to legislative duties;

(9) payment of expenses incurred by elected or appointed leaders of a legislative caucus in carrying out their leadership responsibilities;

(10) payment by a principal campaign committee of the candidate’s expenses for serving in public office, other than for personal uses;

(11) costs of child care for the candidate’s children when campaigning;

(12) fees paid to attend a campaign school;

(13) costs of a postelection party during the election year when a candidate’s name will no longer appear on a ballot or the general election is concluded, whichever occurs first;

(14) interest on loans paid by a principal campaign committee on outstanding loans;

(15) filing fees;

(16) post-general election holiday or seasonal cards, thank-you notes, or advertisements in the news media mailed or published prior to the end of the election cycle;

(17) the cost of campaign material purchased to replace defective campaign material, if the defective material is destroyed without being used;

(18) contributions to a party unit;

(19) payments for funeral gifts or memorials;

(20) the cost of a magnet less than six inches in diameter containing legislator contact information and distributed to constituents;

(21) costs associated with a candidate attending a political party state or national convention in this state;

(22) other purchases or payments specified in board rules or advisory opinions as being for any purpose other than to influence the nomination or election of a candidate or to promote or defeat a ballot question;

(23) costs paid to a third party for processing contributions made by a credit card, debit card, or electronic check;

(24) a contribution to a fund established to support a candidate’s participation in a recount of ballots affecting that candidate’s election;

(25) costs paid by a candidate’s principal campaign committee for a single reception given in honor of the candidate’s retirement from public office after the filing period for affidavits of candidacy for that office has closed;

(26) a donation from a terminating principal campaign committee to the state general fund; and

(27) a donation from a terminating principal campaign committee to a county obligated to incur special election expenses due to that candidate’s resignation from state office.

(b) The board must determine whether an activity involves a noncampaign disbursement within the meaning of this subdivision.

(c) A noncampaign disbursement is considered to be made in the year in which the candidate made the purchase of goods or services or incurred an obligation to pay for goods or services.

Subd. 26a. Person. “Person” means an individual, an association, a political subdivision, or a public higher education system.

Subd. 27. Political committee. “Political committee” means an association whose major purpose is to influence the nomination or election of one or more candidates or to promote or defeat a ballot question, other than a principal campaign committee or a political party unit.

Subd. 28. Political fund. “Political fund” means an accumulation of dues or voluntary contributions by an association other than a political committee, principal campaign committee, or party unit, if the accumulation is collected or expended to influence the nomination or election of one or more candidates or to promote or defeat a ballot question. The term political fund as used in this chapter may also refer to the association acting through its political fund.

Subd. 29. Political party. “Political party” means a major political party or a minor political party. A political party is the aggregate of all its political party units in this state.

Subd. 30. Political party unit or party unit. “Political party unit” or “party unit” means the state committee or the party organization within a house of the legislature, congressional district, county, legislative district, municipality, or precinct.

Subd. 31. Political subdivision. “Political subdivision” means the Metropolitan Council, a metropolitan agency as defined in section 473.121, subdivision 5a, or a municipality as defined in section 471.345, subdivision 1.

Subd. 32. Population. “Population” means the population established by the most recent federal census, by a special census taken by the United States Bureau of the Census, by an estimate made by the Metropolitan Council, or by an estimate made by the state demographer under section 4A.02, whichever has the latest stated date of count or estimate.

Subd. 32a. Prima facie determination. A prima facie determination is a determination that a complaint filed under section 10A.022, subdivision 3, is sufficient to allege a violation of this chapter or of those sections of chapter 211B listed in section 10A.022, subdivision 3.

Subd. 33. Principal. “Principal” means an individual or association that:

(1) spends more than $500 in the aggregate in any calendar year to engage a lobbyist, compensate a lobbyist, or authorize the expenditure of money by a lobbyist; or

(2) is not included in clause (1) and spends a total of at least $50,000 in any calendar year on efforts to influence legislative action, administrative action, or the official action of metropolitan governmental units, as described in section 10A.04, subdivision 6.

Subd. 34. Principal campaign committee. “Principal campaign committee” means a principal campaign committee formed under section 10A.105.

Subd. 35. Public official. “Public official” means any:

(1) member of the legislature;

(2) individual employed by the legislature as secretary of the senate, legislative auditor, director of the Legislative Budget Office, chief clerk of the house of representatives, revisor of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of Senate Counsel, Research and Fiscal Analysis, House Research, or the House Fiscal Analysis Department;

(3) constitutional officer in the executive branch and the officer’s chief administrative deputy;

(4) solicitor general or deputy, assistant, or special assistant attorney general;

(5) commissioner, deputy commissioner, or assistant commissioner of any state department or agency as listed in section 15.01 or 15.06, or the state chief information officer;

(6) member, chief administrative officer, or deputy chief administrative officer of a state board or commission that has either the power to adopt, amend, or repeal rules under chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;

(7) individual employed in the executive branch who is authorized to adopt, amend, or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

(8) executive director of the State Board of Investment;

(9) deputy of any official listed in clauses (7) and (8);

(10) judge of the Workers’ Compensation Court of Appeals;

(11) administrative law judge or compensation judge in the State Office of Administrative Hearings or unemployment law judge in the Department of Employment and Economic Development;

(12) member, regional administrator, division director, general counsel, or operations manager of the Metropolitan Council;

(13) member or chief administrator of a metropolitan agency;

(14) director of the Division of Alcohol and Gambling Enforcement in the Department of Public Safety;

(15) member or executive director of the Higher Education Facilities Authority;

(16) member of the board of directors or president of Enterprise Minnesota, Inc.;

(17) member of the board of directors or executive director of the Minnesota State High School League;

(18) member of the Minnesota Ballpark Authority established in section 473.755;

(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;

(20) manager of a watershed district, or member of a watershed management organization as defined under section 103B.205, subdivision 13;

(21) supervisor of a soil and water conservation district;

(22) director of Explore Minnesota Tourism;

(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in section 97A.056;

(24) citizen member of the Clean Water Council established in section 114D.30;

(25) member or chief executive of the Minnesota Sports Facilities Authority established in section 473J.07;

(26) district court judge, appeals court judge, or Supreme Court justice;

(27) county commissioner;

(28) member of the Greater Minnesota Regional Parks and Trails Commission; or

(29) member of the Destination Medical Center Corporation established in section 469.41.

Subd. 35a. Securities. (a) “Securities” means any stock, share, bond, warrant, option, pledge, note, mortgage, annuity, debenture, lease, or commercial paper in any corporation, partnership, trust, or other association.

(b) Securities do not include deposits in a savings account; certificates of deposit; money market certificates; treasury bills; treasury bonds; treasury notes; dividends from securities; shares in a mutual fund; shares in an exchange traded fund; or the underlying holdings owned by an annuity or in a defined benefit pension plan. For beneficiaries of a blind trust, securities do not include the underlying assets owned by the blind trust.

Subd. 35b. Services for a constituent or constituent services. “Services for a constituent” or “constituent services” means services performed or provided by an incumbent legislator or constitutional officer for the benefit of one or more residents of the official’s district, but does not include gifts, congratulatory advertisements, or charitable contributions.

Subd. 36. State committee. “State committee” means the organization that, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of the political party at the state level.

History:Laws 1974, c. 470, § 1. Amended by Laws 1975, c. 271, § 6; Laws 1976, c. 307, §§ 1 to 4, eff. April 14, 1976; Laws 1978, c. 463, §§ 1 to 18, eff. Feb. 28, 1978; Laws 1979, c. 59, §§ 1 to 3; Laws 1980, c. 509, § 1; Laws 1980, c. 587, art. 2, §§ 1 to 7; Laws 1980, c. 607, art. 14, § 45, subd. 1; Laws 1980, c. 607, art. 17, §§ 1 to 8, eff. April 24, 1980; Laws 1980, c. 614, § 40, eff. April 25, 1980; Laws 1980, c. 615, § 60; Laws 1981, c. 29, art. 7, § 1; Laws 1981, c. 346, § 1, eff. July 1, 1981; Laws 1981, c. 356, § 248; Laws 1982, c. 424, § 130; Laws 1983, c. 247, §§ 5, 6, eff. Aug. 1, 1983; Laws 1983, c. 258, § 10, eff. June 7, 1983; Laws 1983, c. 289, § 114, subd. 1, eff. July 1, 1983; Laws 1984, c. 619, § 11, eff. May 3, 1984; Laws 1984, c. 640, § 32, eff. May 3, 1984; Laws 1984, c. 654, art. 3, § 13, eff. May 3, 1984; Laws 1984, c. 655, art. 1, § 92; Laws 1985, 1st Sp., c. 14, art. 9, § 75; Laws 1986, c. 444; Laws 1986, 1st Sp., c. 3, art. 1, § 2; Laws 1987, c. 186, § 15; Laws 1988, c. 686, art. 1, § 40, eff. April 29, 1988; Laws 1989, c. 209, art. 1, §§ 1, 2; Laws 1989, c. 334, art. 6, § 1, eff. July 1, 1989; Laws 1990, c. 562, art. 8, § 2; Laws 1990, c. 608, art. 1, §§ 1 to 5, eff. Jan. 1, 1991; Laws 1990, c. 608, art. 3, §§ 1 to 3, eff. May 6, 1990; Laws 1991, c. 233, § 109, eff. July 1, 1991; Laws 1991, c. 322, § 19, eff. July 1, 1991; Laws 1991, c. 349, §§ 1, 2; Laws 1993, c. 13, art. 1, § 1; Laws 1993, c. 318, art. 2, §§ 1 to 4, eff. May 21, 1993; Laws 1994, c. 483, § 1, eff. April 22, 1994; Laws 1994, c. 628, art. 3, § 2; Laws 1995, c. 189, § 8; Laws 1995, c. 202, art. 1, § 25, eff. May 25, 1995; Laws 1996, c. 277, § 1. Amended by Laws 1997, c. 129, art. 2, § 15; Laws 1997, c. 202, art. 2, § 63; Laws 1998, c. 254, art. 2, § 3; Laws 1999, c. 86, art. 1, § 2; Laws 1999, c. 220, §§ 1, 50; Laws 2000, c. 260, §§ 2, 3; Laws 2002, c. 363, § 1; Laws 2003, 1st Sp., c. 1, art. 2, § 18; Laws 2004, c. 206, § 52, par. (a), eff. May 19, 2004; Laws 2005, c. 156, art. 5, § 1; Laws 2005, c. 156, art. 6, §§ 1, 2; Laws 2006, c. 242, § 11, eff. June 1, 2006; Laws 2006, c. 243, § 1, eff. June 1, 2006; Laws 2006, c. 257, § 1, eff. May 27, 2006; Laws 2007, c. 57, art. 1, § 10, eff. July 1, 2007; Laws 2008, c. 290, § 2, eff. May 13, 2008; Laws 2008, c. 295, § 1, eff. Jan. 1, 2008; Laws 2008, c. 295, § 2, eff. June 1, 2008; Laws 2008, c. 300, §§ 1, 51, cl. (4), eff. July 1, 2008; Laws 2009, c. 172, art. 1, § 8, eff. July 1, 2009; Laws 2010, c. 327, §§ 1 to 4, eff. Aug. 1, 2010; Laws 2010, c. 397, § 1, eff. May 28, 2010; Laws 2010, c. 397, §§ 2, 3, eff. June 1, 2010; Laws 2011, 1st Sp., c. 6, art. 2, § 12, eff. July 1, 2011; Laws 2012, c. 299, art. 1, § 4, eff. May 15, 2012; Laws 2013, c. 137, art. 3, § 7, eff. July 1, 2013; Laws 2013, c. 138, art. 1, §§ 1 to 10, eff. May 25, 2013; Laws 2013, c. 138, art. 2, § 1, eff. Jan. 1, 2014; Laws 2013, c. 138, art. 3, § 1, eff. Aug. 1, 2013; Laws 2014, c. 185, § 1, eff. April 30, 2014; Laws 2014, c. 275, art. 1, § 1, eff. Aug. 1, 2014; Laws 2014, c. 309, 1 to 3, eff. May 22, 2014; Laws 2015, c. 73, § 26, eff. May 23, 2015; Laws 2017, 1st Sp., c. 4, art. 3, § 1, eff. July 1, 2017; Laws 2017, 1st Sp., c. 4, art. 3, § 2, eff. May 31, 2017; Laws 2017, c. 40, art. 1, § 1, eff. Aug. 1, 2017; Laws 2018, c. 119, §§ 1 to 4, eff. June 1, 2018; Laws 2018, c. 214, art. 5, § 8, eff. July 1, 2018.

Notes and Decisions: Corporations seeking preliminary injunction against enforcement of Minnesota statute, which defined independent expenditures that corporations were allowed to make advocating the election or defeat of a clearly identified candidate, were not likely to succeed on the merits of their claim that the definition was impermissibly vague under the First Amendment; definition did not apply to expenditures for issue advocacy or advocacy that did not use the “magic words,” such as “vote for,” “elect,” ”support,” “vote against,” and “defeat,” which the Supreme Court had recognized as constituting express advocacy. Minnesota Citizens Concerned for Life, Inc. v. Swanson, 741 F.Supp.2d 1115 (D. Minn. 2010).

In order to avoid invalidation of statute on grounds that it is vague, overbroad, and regulates political speech in violation of the First Amendment, phrase “to influence the nomination or election of a candidate” in subds. 27 and 28 must be construed so as to mean that “political committee” is organization whose major purpose is nomination or election of candidate and that “political fund” is fund used for express advocacy. Minnesota Citizens Concerned for Life, Inc. v. Kelley, 291 F.Supp.2d 1052 (D. Minn. 2003).

 

LOBBYIST AND PRINCIPAL REPORTS

10A.04. Lobbyist Reports.

Subd. 1. Reports required. A lobbyist must file reports of the lobbyist’s activities with the board as long as the lobbyist continues to lobby. The report may be filed electronically. A lobbyist may file a termination statement at any time after ceasing to lobby.

Subd. 2. Time of reports. Each report must cover the time from the last day of the period covered by the last report to 15 days before the current filing date. The reports must be filed with the board by the following dates:

(1) January 15; and
(2) June 15.

Subd. 3. Information to lobbyist. An employer or employee about whose activities a lobbyist is required to report must provide the information required by subdivision 4 to the lobbyist no later than five days before the prescribed filing date.

Subd. 4. Content. (a) A report under this section must include information the board requires from the registration form and the information required by this subdivision for the reporting period.

(b) A lobbyist must report the lobbyist’s total disbursements on lobbying, separately listing lobbying to influence legislative action, lobbying to  influence administrative action, and lobbying to influence the official actions of a metropolitan governmental unit, and a breakdown of disbursements for each of those kinds of lobbying into categories specified by the board, including but not limited to the cost of publication and distribution of each publication used in lobbying; other printing; media, including the cost of production; postage; travel; fees, including allowances; entertainment; telephone and telegraph; and other  expenses.

(c) A lobbyist must report the amount and nature of each gift, item, or benefit, excluding contributions to a candidate, equal in value to $5 or more, given or paid to any official, as defined in section 10A.071, subdivision 1, by the lobbyist or an employer or employee of the lobbyist. The list must include the name and address of each official to whom the gift, item, or benefit was given or paid and the date it was given or  paid.

(d) A lobbyist must report each original source of money in excess of $500 in any year used for the purpose of lobbying to influence legislative action, administrative action, or the official action of a metropolitan governmental unit. The list must include the name, address, and employer, or, if self- employed, the occupation and principal place of business, of each payer of money in excess of $500.

(e) On the report due June 15, the lobbyist must provide a general description of the subjects lobbied in the previous 12

Subd. 5. Late filing. If a lobbyist or principal fails to file a report required by this section by the date the report was due, the board may impose a late filing fee of $25 per day, not to exceed $1,000, commencing the day after the report was due. The board must send notice by certified mail to any lobbyist or principal who fails to file a report within ten business days after the report was due that the lobbyist or principal may be subject to a civil penalty for failure to file the report or pay the fee. A lobbyist or principal who fails to file a report or statement or pay a fee within seven days after the certified mail notice was sent by the board is subject to a civil penalty imposed by the board of up to $1,000.

Subd. 6. Principal reports. (a) A principal must report to the board as required in this subdivision by March 15 for the preceding calendar year.

(b) Except as provided in paragraph (d), the principal must report the total amount, rounded to the nearest $20,000, spent by the principal during the preceding calendar year to influence legislative action, administrative action, and the official action of metropolitan governmental   units.

(c) Except as provided in paragraph (d), the principal must report under this subdivision a total amount that includes:

• all direct payments by the principal to lobbyists in this  state;
• all expenditures for advertising, mailing, research, analysis, compilation and dissemination of information, and public relations campaigns related to legislative action, administrative action, or the official action of metropolitan governmental units in this state;  and
• all salaries and administrative expenses attributable to activities of the principal relating to efforts to influence legislative action,  administrative action, or the official action of metropolitan governmental units in this  state.

(d) A principal that must report spending to influence administrative action in cases of rate setting, power plant and powerline siting, and granting of certificates od need under section 243 must report those amounts as provided in this subdivision, except that they must be reported separately and not included in the totals required under paragraphs (b) and   (c).

Subd. 7. Financial records. The board may randomly audit the financial records of lobbyists and principals required to report under this section.

Subd. 9. Reporting by multiple lobbyists representing the same entity. Clauses (1) to (6) apply when a single individual, association, political subdivision, or public higher education system is represented by more than one lobbyist.

• The entity must appoint one designated lobbyist to report lobbyist disbursements made by the entity. The designated lobbyist must indicate that status on the periodic reports of lobbyist
• A reporting lobbyist may consent to report on behalf of one or more other lobbyists for the same entity, in which case, the other lobbyists are persons whose activities the reporting lobbyist must disclose and are subject to the disclosure requirements of subdivision 3. Lobbyist disbursement reports filed by a reporting lobbyist must include the names and registration numbers of the other lobbyists whose activities are included in the
• Lobbyists whose activities are accounted for by a reporting lobbyist are not required to file lobbyist disbursement
• A lobbyist whose lobbying disbursements are provided to the board through a reporting lobbyist must supply all relevant information on disbursements to the reporting lobbyist no later than five days before the prescribed filing
• The reporting periods and due dates for a reporting lobbyist are those provided in subdivision 2. The late filing provisions in subdivision 5 apply to reports required by this
• The reporting lobbyist must indicate the names and registration numbers of any lobbyists who did not provide their lobbying disbursements for inclusion in a report. The late filing provisions in subdivision 5 apply to lobbyists who fail to report information to the reporting

History: Laws 1974, c. 470, § 4. Amended by Laws 1975, c. 271, § 6; Laws 1976, c. 307, §§ 9, 10, eff. April 14, 1976; Laws 1978, c. 463, §§ 30 to 32, eff. Feb. 28, 1978; Laws 1984, c. 654, art. 2, § 37, eff. May 3, 1984; Laws 1986, c. 444; Laws 1986, 1st Sp., c. 3, art. 1, § 3; Laws 1990, c. 608, art. 1, § 7; Laws 1990, c. 608, art. 1, § 8, eff. Jan. 1, 1991; Laws 1990, c. 608, art. 1, § 9; Laws 1990, c. 608, art. 1, §§ 10, 11, eff. Jan. 1, 1991; Laws 1993, c. 318, art. 2, § 5, eff. May 21, 1993; Laws 1994, c. 377, § 2; Laws 1999, c. 220, §§ 5, 50; Laws 2002, c. 363, §§ 6 to 8; Laws 2003, 1st Sp., c. 1, art. 2, § 22, eff. Jan. 1, 2005; Laws 2003, 1st Sp., c. 1, art. 2, §§ 23 to 27; Laws 2003, 1st Sp., c. 23, § 10; Laws 2005, c. 10, art. 1, § 2; Laws 2010, c. 327, § 6, eff. Aug. 1, 2010; Laws 2012, c. 251, § 1, eff. March 15, 2013; Laws 2013, c. 138, art. 3, § 3, eff. Aug. 1, 2013; Laws 2017, 1st Sp., c. 4, art. 3, § 4, eff. July 1, 2017.

 

PUBLIC SUBSIDY PROGRAM

10A.321. Estimates of Minimum Amounts to be Received.

Subd. 1. Calculation and certification of estimates. The commissioner of revenue must calculate and certify to the board one week before the first day for filing for office in each election year an estimate of the total amount in the state general account of the state elections campaign account and the amount of money each candidate who qualifies, as provided in section 10A.31, subdivisions 6 and 7 may receive from the candidate’s party account in the state elections campaign account. This estimate must be based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any necessary vote totals provided by the secretary of state to apply the formulas in section 10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after 100 percent of the tax returns have been processed.

Subd. 2. Publication, certification, and notification procedures. Before the first day of filing for office, the board must publish and forward to all filing officers the estimates calculated and certified under subdivision 1 along with a copy of section 10A.25, subdivision 10. Within seven days after the last day for filing for office, the secretary of state must certify to the board the name, address, office sought, and party affiliation of each candidate who has filed with that office an affidavit of candidacy or petition to appear on the ballot. The auditor of each county must certify to the board the same information for each candidate who has filed with that county an affidavit of candidacy or petition to appear on the ballot.  By August 15, the board must notify all candidates of their estimated minimum amount.  The board must include with the notice a form for the agreement provided in section 10A.322 along with a copy of section 10A.25, subdivision 10.

History: Laws 1990, c. 608, art. 3, § 23, eff. May 6, 1990. Amended by Laws 1999, c. 220, §§ 41, 50; Laws 2010, c. 184, § 2, eff. March 4, 2010; Laws 2013, c. 138, art. 4, § 5, eff. May 25, 2013.

 

MISCELLANEOUS 

10A.38. Captioning of Campaign Advertisements.

(a) This section applies to a campaign advertisement by a candidate who is governed by an agreement under section 10A.322.

(b) “Campaign advertisement” means a professionally produced visual or audio recording of two minutes or less produced by the candidate for the purpose of influencing the nomination or election of a candidate.

(c) A campaign advertisement that is disseminated as an advertisement by broadcast or cable television must include closed captioning for deaf and hard-of-hearing viewers, unless the candidate has filed with the board before the advertisement is disseminated a statement setting forth the reasons for not doing so. A campaign advertisement that is disseminated as an advertisement to the public on the candidate’s website must include closed captioning for deaf and hard-of-hearing viewers, unless the candidate has posted on the website a transcript of the spoken content of the advertisement or the candidate has filed with the board before the advertisement is disseminated a statement setting forth the reasons for not doing so. A campaign advertisement must not be disseminated as an advertisement by radio unless the candidate has posted on the candidate’s website a transcript of the spoken content of the advertisement or the candidate has filed with the board before the advertisement is disseminated a statement setting forth the reasons for not doing so.

History: Laws 2008, c. 295, § 8, eff. June 1, 2008.

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CHAPTER 200 – GENERAL PROVISIONS; DEFINITIONS

200.01. Citation, Minnesota Election Law.

This chapter and chapters 201, 202A, 203B, 204B, 204C, 204D, 205, 205A, 206, 208, 209, 211A, 211B, and 211C shall be known as the Minnesota election law.

History: Laws 1959, c. 675, art. 1, § 1. Amended by Laws 1981, c. 29, art. 1, § 1; Laws 1987, c. 266, art. 1, § 1, eff. July 1, 1988; Laws 1988, c. 578, art. 1, § 1, eff. July 1, 1988; Laws 1996, c. 469, art. 2, § 1.

 

200.015. Application.

The Minnesota election law applies to all elections held in this state unless otherwise specifically provided by law.

History: Laws 1981, c. 29, art. 1, § 2. Amended by Laws 1987, c. 266, art. 1, § 2, eff. July 1, 1988.

Notes and Decisions: The statutory canons of construction applicable to general elections, as embodied in these statutes, are also given effect in school district elections. Ganske v. Independent School District No. 84, 271 Minn. 531, 136 N.W.2d 405 (1965).

 

200.02. Definitions.

Subd. 1. Application. The terms defined in this section apply to the Minnesota Election Law.

Subd. 2. General election. “General election” means an election held at regular intervals on a day determined by law or charter at which the voters of the state or any of its subdivisions choose by ballot public officials or presidential electors.

Subd. 3. Primary. “Primary” means an election at which the voters of the state or any of its subdivisions choose by ballot the nominees for the offices to be filled at a general election.

Subd. 4.  Special election. “Special election” means:

(1) an election held at any time to fill vacancies in state or federal offices; or

(2) an election for a special purpose held by a subdivision of the state on a date authorized by section 205.10, subdivision 3a, or 205A.05, subdivision 1a.

Subd. 5. Special primary. “Special primary” means an election held to choose the nominees for vacant public offices to be filled at a special election.

Subd. 6. Political party. “Political party” means an association of individuals under whose name a candidate files for partisan office.

Subd. 7. Major political party. (a) “Major political party” means a political party that maintains a party organization in the state, political division or precinct in question and that has presented at least one candidate for election to the office of:

(1) governor and lieutenant governor, secretary of state, state auditor, or attorney general at the last preceding state general election for those offices; or

(2) presidential elector or S. senator at the last preceding state general election for presidential electors; and whose candidate received votes in each county in that election and received votes from not less than five percent of the total number of individuals who voted in that election.

(b) “Major political party” also means a political party that maintains a party organization in the state, political subdivision, or precinct in question and that has presented at least 45 candidates for election to the office of state representative, 23 candidates for election to the office of state senator, four candidates for election to the office of representative in Congress, and one candidate for election to each of the following offices: governor and lieutenant governor, attorney general, secretary of state, and state auditor, at the last preceding state general election for those offices.

(c) “Major political party” also means a political party that maintains a party organization in the state, political subdivision, or precinct in question and whose members present to the secretary of state at any time before the close of filing for the state partisan primary ballot a petition for a place on the state partisan primary ballot, which petition contains valid signatures of a number of the party members equal to at least five percent of the total number of individuals who voted in the preceding state general election. A signature is valid only if signed no more than one year prior to the date the petition was filed.

(d) A political party whose candidate receives a sufficient number of votes at a state general election described in paragraph (a) or a political party that presents candidates at an election as required by paragraph (b) becomes a major political party as of January 1 following that election and retains its major party status for at least two state general elections even if the party fails to present a candidate who receives the number and percentage of votes required under paragraph (a) or fails to present candidates as required by paragraph (b) at subsequent state general elections.

(e) A major political party whose candidates fail to receive the number and percentage of votes required under paragraph (a) and that fails to present candidates as required by paragraph (b) at each of two consecutive state general elections described by paragraph (a) or (b), respectively, loses major party status as of December 31 following the later of the two consecutive state general

Subd. 8.  City. “City” means a home rule charter or statutory city.

Subd. 9.  Municipality. “Municipality” means any city or town.

Subd. 10. Governing body. “Governing body” means the board of commissioners of a county, the elected council of a city, or the board of supervisors of a town.

Subd. 11. Precinct. “Precinct” means a geographical area the boundaries of which are established for election purposes in accordance with section 204B.14.

Subd. 12. Polling place. “Polling place” means the place of voting.

Subd. 13. Convention. “Convention” means an organized body of delegates assembled for the purpose of transacting the business of a major political party.

Subd. 14. Election board. “Election board” means the election judges serving in a precinct.

Subd. 15. Eligible voter. “Eligible voter” means an individual who is eligible to vote under section 201.014.

Subd. 16. County auditor. “County auditor” means the county auditor or, in counties where that office does not exist, the principal county officer charged with duties relating to elections.

Subd.17. Member of a major political party.“Member of a major political party” means an individual who:

(a) Supports the general principles of that party’s constitution;

(b) Voted for a majority of that party’s candidates in the last general election; or

(c) Intends to vote for a majority of that party’s candidates in the next general election.

Subd. 18. Oath, swear, sworn. “Oath” means an oath or affirmation, as the conscience of the individual dictates. If an affirmation is given instead of an oath, “swear” means to affirm and “sworn” means affirmed.

Subd. 19. School district. “School district” means an independent, special, or county school district.

Subd. 20. Statewide registration system. “Statewide registration system” means the computerized central statewide voter registration system and database developed and maintained by the secretary of state pursuant to section 201.022.

Subd. 21. Local election official. “Local election official” means the municipal clerk or principal officer charged with duties relating to elections.

Subd. 22. Expired April 28, 1997.

Subd. 23. Minor political party. (a) “Minor political party” means a political party that has adopted a state constitution, designated a state party chair, held a state convention in the last two years, filed with the secretary of state no later than December 31 following the most recent state general election a certification that the party has met the foregoing requirements, and met the requirements of paragraph (b) or (e), as applicable.

(b) To be considered a minor party in all elections statewide, the political party must have presented at least one candidate:

(1) for election to the office of governor and lieutenant governor, secretary of state, state auditor, or attorney general, at the last preceding state general election for those offices; or

(2) for election to the office of presidential elector or S. senator at the preceding state general election for presidential electors; and

(3) who received votes in each county that in the aggregate equal at least one percent of the total number of individuals who voted in the election, or its members must have presented to the secretary of state at any time before the close of filing for the state partisan primary ballot a nominating petition in a form prescribed by the secretary of state containing the valid signatures of party members in a number equal to at least one percent of the total number of individuals who voted in the preceding state general election. A signature is valid only if signed no more than one year prior to the date the petition was filed.

(c) A political party whose candidate receives a sufficient number of votes at a state general election described in paragraph (b) becomes a minor political party as of January 1 following that election and retains its minor party status for at least two state general elections even if the party fails to present a candidate who receives the number and percentage of votes required under paragraph (b) at subsequent state general elections.

(d) A minor political party whose candidates fail to receive the number and percentage of votes required under paragraph (b) at each of two consecutive state general elections described by paragraph (b) loses minor party status as of December 31 following the later of the two consecutive state general elections.

(e) A minor party that qualifies to be a major party loses its status as a minor party at the time it becomes a major Votes received by the candidates of a major party must be counted in determining whether the party received sufficient votes to qualify as a minor party, notwithstanding that the party does not receive sufficient votes to retain its major party status. To be considered a minor party in an election in a legislative district, the political party must have presented at least one candidate for a legislative office in that district who received votes from at least ten percent of the total number of individuals who voted for that office, or its members must have presented to the secretary of state a nominating petition in a form prescribed by the secretary of state containing the valid signatures of party members in a number equal to at least ten percent of the total number of individuals who voted in the preceding state general election for that legislative office. A signature is valid only if signed no more than one year prior to the date the petition was filed.

Subd. 24. Metropolitan area. “Metropolitan area” means the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.

Subd. 25. Polling place roster. “Polling place roster” or “roster” refers to a roster in (1) printed format; or (2) electronic format as permitted by section 201.225.

Subd. 26. Voter signature certificate. “Voter signature certificate” means a printed form or label generated from an electronic polling place roster that contains the voter’s name, address of residence, date of birth, voter identification number, the oath required by section 204C.10, and a space for the voter’s original signature. A voter signature certificate is not a “voter certificate” under section 204C.12.

Subd. 27. Partisan offices. “Partisan offices” means federal offices, presidential electors, constitutional offices, and legislative offices.

Subd. 28. Nonpartisan offices. “Nonpartisan offices” means all judicial, county, municipal, school district, and special district offices.

Subd. 29. Original signature. “Original signature” does not include an electronic signature.

History: Laws 1959, c. 675, art. 1, § 2. Amended by Laws 1961, Ex.Sess., c. 10, § 1; Laws 1973, c. 123, art. 3, § 1; Laws 1973, c. 123, art. 5, § 7; Laws 1973, c. 576, § 1; Laws 1973, c. 676, §§ 1, 2; Laws 1973, c. 725, § 37, eff. June 1, 1973; Laws 1978, c. 725, § 2, eff. April 6, 1978; Laws 1981, c. 29, art. 1, § 3; Laws 1984, c. 560, § 1; Laws 1987, c. 266, art. 1, § 3, eff. July 1, 1988; Laws 1990, c. 585, § 1, eff. May 4, 1990; Laws 1991, c. 227, § 3; Laws 1999, c. 220, § 48; Laws 2001, 1st Sp., c. 10, art. 18, §§ 4, 5, eff. Jan. 1, 2002; Laws 2005, c. 156, art. 6, §§ 11 to 13; Laws 2014, c. 288, art. 2, §§ 1, 2, eff. May 22, 2014; Laws 2015, c. 70, art. 1, §§ 4 to 7, eff. July 1, 2015; Laws 2016, c. 158, art. 1, § 77, eff. July 1, 2016; Laws 2017, c. 92, art. 1, § 9, eff. July 1, 2017; Laws 2017, c. 92, art. 2, § 7, eff. Jan. 1, 2018.

Notes and Decisions: Minnesota’s “antifusion” law prohibiting a person from being a candidate for more than one political party is not unconstitutional. Timmons v. Twin Cities Area New Party, 520 U.S. 351, 117 S. Ct. 1364 (1997), reversing Twin Cities New Party v. McKenna, 73 F.3d 196 (8th Cir. 1996).

Attempt of party to “present” candidate for nonpartisan judicial office insufficient to qualify party for major party designation. Gay Survival Fund of Target City v. Growe, 274 N.W. 2 d 491 (Minn. 1979).

A political party not having legal status in Minnesota may appear on general election ballot only by nominating petition. Op. Atty. Gen. 672B-7, July 29, 1948.

 

200.03. Repealed by Laws 1959, c. 675, art. 13, § 1

 

200.031. Determination of Residence

Residence shall be determined in accordance with the following principles, so far as they may be applicable to the facts of the case:

(a) The residence of an individual is in the precinct where the individual’s home is located, from which the individual has no present intention of moving, and to which, whenever the individual is absent, the individual intends to return;

(b) An individual does not lose residence if the individual leaves home to live temporarily in another state or precinct;

(c) An individual does not acquire a residence in any precinct of this state if the individual is living there only temporarily, without the intention of making that precinct home;

(d) If an individual goes into another state or precinct with the intention of making it home or files an affidavit of residence there for election purposes, the individual loses residence in the former precinct;

(e) If an individual moves to another state with the intention of living there for an indefinite period, the individual loses residence in this state, notwithstanding any intention to return at some indefinite future time;

(f) Except as otherwise provided in this section, an individual’s residence is located in the precinct where the individual’s family lives, unless the individual’s family is living in that precinct only temporarily;

(g) If an individual’s family lives in one precinct and the individual lives or does business in another, the individual’s residence is located in the precinct where the individual’s family lives, unless the individual establishes a home in the other precinct and intends to remain there, with or without the individual’s family;

(h) The residence of a single individual is in the precinct where the individual lives and usually sleeps;

(i) The mere intention to acquire a new residence, is not sufficient to acquire a new residence, unless the individual moves to that location; moving to a new location is not sufficient to acquire a new residence unless the individual intends to remain there;

(j) The residence of an individual who is working temporarily in any precinct of this state is in the precinct where the individual’s permanent home is located;

(k) The residence of an individual who is living permanently in a soldiers’ home or nursing home is in the precinct where the home is located.

(l) If an individual’s home lies in more than one precinct or political subdivision, the residence of the individual is in the precinct in which a majority of the room in which the individual usually sleeps is located.

(m) If an individual’s home is destroyed or rendered uninhabitable by fire or natural disaster, the individual does not lose residence in the precinct where the home is located if  the individual intends to return to the home when it is reconstructed or made habitable.

History: Laws 1981, c. 29, art. 1, § 4. Amended by Laws 1986, c. 444; Laws 1997, c. 147, § 1; Laws 1999, c. 132, § 2.

Notes and Decisions:Vacation home for which owner receives homestead tax benefit not determinative of residence for purpose of qualifying for public office. Pope v. McKenna, No. C2-86-1230 (Minn. Sup. Ct. Referee’s Findings, August 5, 1986). Order, No. C2-86-1230 (Minn. Sup. Ct., August 7, 1986) (denying petition to
strike name from ballot).

Residence, for purposes of voting, is based on considerations of physical presence and intent. Bell v. Gannaway, 227 N.W. 2d 797 (Minn. 1975).

Determination of whether an individual is a resident involves matters of fact. Id.

Question of residence is not a legal inquiry, it is one of fact, and the attorney general cannot determine questions of fact. The question is one for the proper election board to determine. Op. Atty. Gen. 590J-2, February 26, 1955.

That construction of this section should not be adopted which will result in the disfranchisement of a considerable number of voters, unless such construction is rendered necessary by express and unequivocal language. Op. Atty. Gen. 64-S, March 19, 1954.

When a man enters military service and his wife lives with him outside of Minnesota, neither loses his residence for purpose of voting. Op. Atty. Gen. 490J1, June 19, 1952. See also Op. Atty. Gen. 490K, September 2, 1944; Op. Atty. Gen. 490K, October 6, 1936.
Residence of wife ordinarily follows residence of husband. Op. Atty. Gen. 490J-2, March 28, 1952.

Ordinarily, and in absence of facts negating a person’s statement of his intentions in regard to his residence, his statement should be accepted. Op. Atty. Gen. 226A-8, May 14, 1941.

Residency of school teachers and students is largely a matter of intention of permanent home. Op. Atty. Gen. 490L, December 1, 1938. See also Op. Atty. Gen. 490L, October 22, 1934; Op. Atty. Gen. 424B-19, March 16, 1934.

Even though a man is only temporarily employed in election district, if he intends permanent habitation, he may be a resident for voting purposes. Op. Atty. Gen. 490J-2, March 29, 1938. See also Op. Atty. Gen. 490A, September 2, 1938.

Persons receiving relief are not disqualified from exercising their right to vote. Op Atty. Gen. 339N, October 17, 1936.

Residence for voting purposes of person employed by the federal government in Washington, D.C. is not lost by reason of new tenant moving into building in Minnesota where such person formerly lived. All facts must be considered. Op. Atty. Gen. 490J-2, September 23, 1936.

Where the circumstances are such that a person may claim his legal residence at either one of two places, the place he regards as his home will be his residence for the purpose of voting. Ops. Atty. Gen. 490J-1, February 14, 1936; 440D, June 25, 1934; 28C-1, August 12, 1938; 274, P. 218, 1922.

Persons living on tax exempt property can vote if they have constitutional qualifications. Op. Atty. Gen. 187A-9, April 29, 1935.

Persons on relief rolls of a municipality may establish residence in another municipality for voting purposes. Op. Atty. Gen. 490L, November 28, 1934.

Commissioner should sustain a challenge and thereby annul the registration after considering all the evidence submitted by both sides only when it clearly appears from the evidence that the registrant is disqualified. Op. Atty. Gen. 183R, January 23, 1928.

A person should not be deprived of his right to vote in a doubtful case without at least giving him time to appeal before election. Id. See also Minn. Const. art VII, s 2 and notes thereunder.

 

200.039. Petition Requirements For Ballot Questions.

If a statute:

(1) provides that a ballot question may or must be placed on the ballot when a specified number of individuals have signed a petition; and

(2) specifies the number of individuals required under the statute as a percentage of the individuals who voted in a previous election, the statute must be construed to mean that the petition must be signed by a number of current voters equal to the required percentage specified in the statute. The statute must not be construed to restrict the eligibility to sign the petition to only those individuals who were eligible to cast ballots or who did cast ballots in the previous election.

History: Laws 2001, 1st Sp., c. 10, art. 18, § 6, eff. Jan. 1, 2002.

 

200.04. Help America Vote Act Complaints.

Subd. 1. Procedure. The secretary of state shall establish a procedure for the review of complaints regarding the administration of Title III of the Help America Vote Act of 2002, Public Law 107-252, including complaints about voting system standards, computerized statewide registration lists and equipment, voter registration requirements, and other features of state implementation of that act. The secretary of state shall provide a complaint form that requires the signature of the complainant, an affidavit and notarization, and the attachment of any supporting documentation. The form must indicate that any election judge, while serving, is deemed a notary public for purposes of Public Law 107-252, section 402.

Subd. 2. Political subdivisions. (a) The procedure in this subdivision applies if a complaint under subdivision 1 pertains to a town, city, school, or county employee or official.

(b) The secretary of state must provide the town clerk, city clerk, school district clerk, or county auditor with a copy of the complaint within three business days of receiving it.

(c) The town clerk, city clerk, school district clerk, or county auditor has 20 days to either reach an agreement with the complainant or file a written response to the complaint with the secretary of state.

(d) The secretary of state shall provide the complainant with a copy of the response and an opportunity for a hearing on the record.

(e) If a hearing on the record is requested, the town clerk, city clerk, school district clerk, or county auditor must be given notice and the opportunity to participate.

(f) The secretary of state shall issue a final determination, and, if necessary, a remedial plan, no later than 90 days after the filing of the complaint. If the secretary of state fails to issue the determination within 90 days, the secretary of state must provide alternative dispute resolution for the disposition of the complaint. That process must be completed within 60 days of its commencement.

Subd. 3. Secretary of state. (a) The procedure in this subdivision applies if a complaint under subdivision 1 pertains to the secretary of state.

(b) The secretary of state must forward the complaint to the Office of Administrative Hearings within three business days after receiving it.

(c) The secretary of state has 20 days to either reach an agreement with the complainant or file a written response to the complaint with the Office of Administrative Hearings.

(d) The Office of Administrative Hearings must provide the complainant with a copy of the response and an opportunity for a hearing on the record.

(e) If a hearing on the record is requested, the secretary of state must be given notice and an opportunity to participate.

(f) The Office of Administrative Hearings must issue a final determination and remedial plan if necessary no later than 90 days after the filing of the complaint. If the Office of Administrative Hearings fails to issue the determination within 90 days, it must provide alternative dispute resolution for the disposition of the complaint. That process must be completed within 60 days of its commencement.

Subd. 4.  Application of chapter 14. Proceedings under this section are not subject to chapter 14.

Subd. 5. Appeal. A determination made under subdivision 2 is not an agency determination subject to appellate review. Either party may initiate an appeal from the secretary of state’s final order in the district court in the county where the town, city, or county employee or official is employed.

Subd. 6. Review. A determination made under subdivision 3 is subject to appellate review.

History: Laws 2003, 1st Sp., c. 7, § 2.

Notes and Decisions: Registered voters and organizations representing registered voters failed to exhaust their adequate state law remedies, as required to bring their action alleging that various Minnesota state and county officials responsible for election administration or enforcement of election laws violated their rights under United States and the Minnesota Constitutions by not taking sufficient steps to ensure that election day registrants were eligible to vote. Minnesota Voters Alliance v. Ritchie, 890 F. Supp. 2d 1106 (D. Minn. 2012).

Complainants’ complaint pursuant to statute failed to allege facts to support a claim that Respondent Secretary of State violated the federal Help America Vote Act (HAVA) or the state laws enacted to implement it. McGrath v. Minnesota Secretary of State, OAH 15-3500-21801-HV (March 7, 2011).

 

200.05 to 200.38. Repealed by Laws 1959, c. 675, art. 13, § 1

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