Minnesota Administrative Rules

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

Published Electronically:

September 29, 2003