2006 Minnesota Statutes

204C.28 ELECTION NIGHT; DUTIES OF COUNTY AUDITORS AND MUNICIPAL
CLERKS.
    Subdivision 1. County auditor. Every county auditor shall remain at the auditor's office
to receive delivery of the returns, to permit public inspection of the summary statements, and
to tabulate the votes until all have been tabulated and the results made known, or until 24 hours
have elapsed since the end of the hours for voting, whichever occurs first. Every county auditor
shall, in the presence of the municipal clerk or the election judges who deliver the returns, make a
record of all materials delivered, the time of delivery, and the names of the municipal clerk or
election judges who made delivery. The county auditor shall file the record and all envelopes
containing ballots in a safe and secure place with envelope seals unbroken. Access to the record
and ballots shall be strictly controlled. Accountability and a record of access shall be maintained
by the county auditor during the period for contesting elections or, if a contest is filed, until the
contest has been finally determined. Thereafter, the record shall be retained in the auditor's office
for the same period as the ballots as provided in section 204B.40.
The county auditor shall file all envelopes containing ballots in a safe place with seals
unbroken. If the envelopes were previously opened by proper authority for examination or
recount, the county auditor shall have the envelopes sealed again and signed by the individuals
who made the inspection or recount. The envelopes may be opened by the county canvassing
board if necessary to procure election returns that the election judges inadvertently may have
sealed in the envelopes with the ballots. In that case, the envelopes shall be sealed again and
signed in the same manner as otherwise provided in this subdivision.
    Subd. 2. Clerks. The clerk of every first, second, and third class city shall remain at the
clerk's office to receive delivery of returns, or until 24 hours have elapsed since the end of the
hours for voting, whichever occurs first. The clerk of every first class city shall keep a book in
which, in the presence of the election judges or other individuals who deliver the returns, the clerk
shall make a record of all materials delivered, the time of delivery, and the names of the election
judges or other individuals who made delivery. The book shall be retained in the clerk's office for
the same period as the ballots as provided in section 204B.40.
    Subd. 3. School district returns and materials. At a school district election held in
conjunction with a state election, the county auditor or municipal clerk shall deliver the summary
statements of the school district election returns, all unused and spoiled school district ballots,
and the envelope containing the school district ballots from each precinct to the clerk of the
appropriate school district within 48 hours after the polls close.
History: 1981 c 29 art 5 s 28; 1986 c 444; 1987 c 266 art 1 s 45; 2005 c 156 art 6 s 48