2004 Minnesota Statutes

CHAPTER 204C. Election day activities

     204C.01 Definitions. 

    The definitions in chapter 200 apply to this chapter.  

    HIST: 1981 c 29 art 5 s 1 

     204C.02 Application. 

    This chapter applies to all elections held in this state 
 except as otherwise provided by law.  

    HIST: 1981 c 29 art 5 s 2; 1987 c 266 art 1 s 34 

     204C.03 Public meetings prohibited on election day. 

    Subdivision 1.    School districts; counties; 
 municipalities; special taxing districts.  No special taxing 
 district governing body, school board, county board of 
 commissioners, city council, or town board of supervisors shall 
 conduct a meeting between 6:00 p.m. and 8:00 p.m. on the day 
 that an election is held within the boundaries of the special 
 taxing district, school district, county, city, or town.  As 
 used in this subdivision, "special taxing district" has the 
 meaning given in section 275.066. 

    Subd. 2.    State colleges and universities.  Except for 
 regularly scheduled classes, no Minnesota state college or 
 university shall schedule an event between 6:00 p.m. and 8:00 
 p.m. on the day that an election is held in any political 
 subdivision in which the university or college is located.  

    Subd. 3.    Public elementary and secondary schools.  
 Except for regularly scheduled classes, a public elementary or 
 secondary school may not schedule a school sponsored event 
 between 6:00 p.m. and 8:00 p.m. on the day that a regularly 
 scheduled election is held in any political subdivision in which 
 the school is located. 

    Subd. 4.    State government.  No state agency, board, 
 commission, department, or committee shall conduct a public 
 meeting on the day of the state primary or general election.  

    HIST: 1981 c 29 art 5 s 3; 1983 c 303 s 12; 1991 c 221 s 2; 
 1996 c 395 s 10; 1Sp2001 c 10 art 18 s 27 

     204C.04 Employees; time off to vote. 

    Subdivision 1.    Right to be absent.  Every employee 
 who is eligible to vote in an election has the right to be 
 absent from work for the purpose of voting during the morning of 
 the day of that election, without penalty or deduction from 
 salary or wages because of the absence.  An employer or other 
 person may not directly or indirectly refuse, abridge, or 
 interfere with this right or any other election right of an 
 employee.  

    Subd. 2.    Elections covered.  For purposes of this 
 section, "election" means a regularly scheduled state primary or 
 general election, an election to fill a vacancy in the office of 
 United States senator or United States representative, or an 
 election to fill a vacancy in the office of state senator or 
 state representative. 

    Subd. 3.    Penalty.  A person who violates this section 
 is guilty of a misdemeanor, and the county attorney shall 
 prosecute the violation. 

    HIST: 1981 c 29 art 5 s 4; 1988 c 578 art 1 s 3; 1991 c 245 s 
 1; 1995 c 20 s 1; 2000 c 260 s 27 

     204C.05 State elections; hours for voting. 

    Subdivision 1.    Opening and closing times.  Except as 
 otherwise provided in this section, at the state primary and the 
 state general election the hours for voting in every precinct in 
 the state shall begin at 7:00 a.m. and shall extend continuously 
 until 8:00 p.m.  

    Subd. 1a.    Elections; organized town.  The governing 
 body of a town with less than 500 inhabitants according to the 
 most recent federal decennial census, which is located outside 
 the metropolitan area as defined in section 473.121, subdivision 
 2, may fix a later time for voting to begin at state primary, 
 special, or general elections, if approved by a vote of the town 
 electors at the annual town meeting.  The question of shorter 
 voting hours must be included in the notice of the annual town 
 meeting before the question may be submitted to the electors at 
 the meeting.  The later time may not be later than 10:00 a.m. 
 for special, primary, or general elections.  The town clerk 
 shall either post or publish notice of the changed hours and 
 notify the county auditor of the change 30 days before the 
 election. 

    Subd. 1b.    Elections; unorganized territory.  An 
 unorganized territory or unorganized territories which 
 constitute a voting district may have shorter voting hours if at 
 least 20 percent of the registered voters residing in the voting 
 district sign a petition for shorter hours and present it to the 
 county auditor.  The later time may not be later than 10:00 a.m. 
 for special, primary, or general elections.  The county auditor 
 shall either post or publish notice of the changed hours, within 
 the voting district, 30 days before the election. 

    Subd. 2.    Voters in line at closing.  At or before the 
 hour when voting is scheduled to begin, the election judges 
 shall agree upon the standard of time they will use to determine 
 when voting will begin and end.  Voting shall not be allowed 
 after the time when it is scheduled to end, unless individuals 
 are waiting in the polling place or waiting in line at the door 
 to register or to vote.  The voting shall continue until those 
 individuals have been allowed to vote.  No individual who comes 
 to the polling place or to a line outside the polling place 
 after the time when voting is scheduled to end shall be allowed 
 to vote.  

    HIST: 1981 c 29 art 5 s 5; 1983 c 303 s 13; 1985 c 169 s 6 

     204C.06 Conduct in and near polling places. 

    Subdivision 1.    Lingering near polling place.  An 
 individual shall be allowed to go to and from the polling place 
 for the purpose of voting without unlawful interference.  No one 
 except an election official or an individual who is waiting to 
 register or to vote shall stand within 100 feet of the entrance 
 to a polling place.  The entrance to a polling place is the 
 doorway or point of entry leading into the room or area where 
 voting is occurring.  

    Subd. 2.    Individuals allowed in polling place.  (a) 
 Representatives of the secretary of state's office, the county 
 auditor's office, and the municipal or school district clerk's 
 office may be present at the polling place to observe election 
 procedures.  Except for these representatives, election judges, 
 sergeants-at-arms, and challengers, an individual may remain 
 inside the polling place during voting hours only while voting 
 or registering to vote, providing proof of residence for an 
 individual who is registering to vote, or assisting a 
 handicapped voter or a voter who is unable to read English.  
 During voting hours no one except individuals receiving, 
 marking, or depositing ballots shall approach within six feet of 
 a voting booth, unless lawfully authorized to do so by an 
 election judge.  

    (b) Teachers and elementary or secondary school students 
 participating in an educational activity authorized by section 
 204B.27, subdivision 7, may be present at the polling place 
 during voting hours. 

    Subd. 3.    Damaging or removing election materials; gross 
 misdemeanor.  No individual shall intentionally:  

    (a) Tear down, mutilate, deface or otherwise damage during 
 the hours of voting any voter instruction poster placed inside 
 or outside of a polling place by an election judge or other 
 election official; or 

    (b) Remove from the polling place before the time for 
 voting ends any ballots prepared for use at the election or any 
 supplies or conveniences placed in voting booths for use by the 
 voters, except as authorized by law.  

    A violation of this subdivision is a gross misdemeanor.  

    Subd. 4.    Damaging or removing election materials; 
 felony.  No individual shall intentionally:  

    (a) Remove from a polling place any election file or 
 election register, except as authorized by law; 

    (b) Damage, deface, or mutilate any ballot, election file 
 or election register or any item of information contained on it, 
 except as authorized by law; or 

    (c) Add anything to a ballot, election file or election 
 register, except as authorized by law.  

    A violation of this subdivision is a felony.  

    Subd. 5.    Sergeant-at-arms.  The election judges may 
 appoint a sergeant-at-arms when necessary to keep the peace or 
 otherwise to assist them.  An election judge may request a 
 sergeant-at-arms or a peace officer to arrest or remove from the 
 polling place any individual who, despite a warning to desist, 
 engages in disorderly conduct.  A sergeant-at-arms or a peace 
 officer shall not otherwise interfere in any manner with voters. 

    Subd. 6.    Peace officers.  Except when summoned by an 
 election judge to restore the peace or when voting or 
 registering to vote, no peace officer shall enter or remain in a 
 polling place or stand within 50 feet of the entrance of a 
 polling place.  

    Subd. 7.    Use of intoxicating liquor; prohibition; 
 penalty.  During the time an election is being held it is a 
 misdemeanor to bring intoxicating liquor or 3.2 percent malt 
 liquor into a polling place, to drink intoxicating liquor or 3.2 
 percent malt liquor in a polling place, or to be intoxicated in 
 a polling place.  The election judges shall not permit an 
 obviously intoxicated individual to vote or remain in the 
 polling place for any purpose.  

    Subd. 8.    Access for news media.  The county auditor 
 or municipal or school district clerk, or their designee, may, 
 by written authorization, permit news media representatives to 
 enter polling places for up to 15 minutes during voting hours to 
 observe the voting process.  A media representative must obtain 
 prior authorization and present photo identification to the head 
 election judge upon arrival at the polling place and must not 
 otherwise: 

    (1) approach within six feet of an election judge or voter; 

    (2) converse with a voter while in the polling place; 

    (3) make a list of persons voting or not voting; or 

    (4) interview a voter within the polling place. 

    HIST: 1981 c 29 art 5 s 6; 1984 c 471 s 10; 1984 c 515 s 1; 
 1986 c 444; 1987 c 266 art 1 s 35; 1989 c 291 art 1 s 12; 1991 c 
 237 s 5; 1991 c 249 s 31; 1993 c 223 s 12; 2004 c 293 art 2 s 24 

     204C.07 Challengers. 

    Subdivision 1.    Partisan elections.  At an election to 
 fill partisan offices, the chair of an authorized committee of 
 each major political party may appoint by written certificate 
 voters from that political party to act as challengers of voters 
 at the polling place for each precinct.  Only one challenger 
 from each major political party for each precinct shall be 
 allowed to remain in the polling place at one time.  

    Subd. 2.    Nonpartisan elections.  At an election to 
 fill nonpartisan offices, each nonpartisan candidate may appoint 
 by written certificate voters to act as challengers of voters at 
 the polling place for each precinct.  Only one challenger for 
 each candidate shall be allowed to remain in the polling place 
 for each precinct at one time.  

    Subd. 3.    Elections on a question.  At an election 
 where a question is to be voted upon, the mayor of a city, or 
 the school board of a school district, or the board of 
 supervisors of a town, upon receiving a written petition signed 
 by at least 25 eligible voters, shall appoint by written 
 certificate one voter for each precinct in the municipality, or 
 school district if applicable, to act as a challenger of voters 
 in the polling place for that precinct.  

    Subd. 4.    Restrictions on conduct.  The election 
 judges shall permit challengers appointed pursuant to this 
 section to be present in the polling place during the hours of 
 voting and to remain there until the votes are counted and the 
 results declared.  No challenger shall handle or inspect 
 registration cards, files, or lists.  Challengers shall not 
 prepare in any manner any list of individuals who have or have 
 not voted.  They shall not attempt to influence voting in any 
 manner.  They shall not converse with a voter except to 
 determine, in the presence of an election judge, whether the 
 voter is eligible to vote in the precinct.  

    HIST: 1981 c 29 art 5 s 7; 1986 c 444; 1987 c 266 art 1 s 36 

     204C.08 Opening of polling places. 

    Subdivision 1.    Display of flag.  Upon their arrival 
 at the polling place on the day of election, the election judges 
 shall cause the national flag to be displayed on a suitable 
 staff at the entrance to the polling place.  The flag shall be 
 displayed continuously during the hours of voting and the 
 election judges shall attest to that fact by signing the flag 
 certification statement on the precinct summary statement.  The 
 election judges shall receive no compensation for any time 
 during which they intentionally fail to display the flag as 
 required by this subdivision. 

    Subd. 1a.    Voter's bill of rights.  The county auditor 
 shall prepare and provide to each polling place sufficient 
 copies of a poster setting forth the Voter's Bill of Rights as 
 set forth in this section.  Before the hours of voting are 
 scheduled to begin, the election judges shall post it in a 
 conspicuous location or locations in the polling place.  The 
 Voter's Bill of Rights is as follows: 

                     "VOTER'S BILL OF RIGHTS

    For all persons residing in this state who meet federal 
 voting eligibility requirements: 

    (1) You have the right to be absent from work for the 
 purpose of voting during the morning of election day.  

    (2) If you are in line at your polling place any time 
 between 7:00 a.m. and 8:00 p.m., you have the right to vote.  

    (3) If you can provide the required proof of residence, you 
 have the right to register to vote and to vote on election day.  

    (4) If you are unable to sign your name, you have the right 
 to orally confirm your identity with an election judge and to 
 direct another person to sign your name for you. 

    (5) You have the right to request special assistance when 
 voting.  

    (6) If you need assistance, you may be accompanied into the 
 voting booth by a person of your choice, except by an agent of 
 your employer or union or a candidate.  

    (7) You have the right to bring your minor children into 
 the polling place and into the voting booth with you.  

    (8) If you have been convicted of a felony but your civil 
 rights have been restored, you have the right to vote.  

    (9) You have the right to vote without anyone in the 
 polling place trying to influence your vote.  

    (10) If you make a mistake or spoil your ballot before it 
 is submitted, you have the right to receive a replacement ballot 
 and vote.  

    (11) You have the right to file a written complaint at your 
 polling place if you are dissatisfied with the way an election 
 is being run.  

    (12) You have the right to take a sample ballot into the 
 voting booth with you.  

    (13) You have the right to take a copy of this Voter's Bill 
 of Rights into the voting booth with you." 

    Subd. 2.    Posting of voting instructions.  Before the 
 hours for voting are scheduled to begin, the election judges 
 shall post any official voter instruction posters furnished to 
 them in a conspicuous location or locations in the polling place.

    Subd. 2a.    Sample ballots.  A sample ballot must be 
 posted in a conspicuous location in the polling place.  The 
 sample ballot must accurately reflect the offices, candidates, 
 and rotation sequence on the ballots used in that polling place. 

    Subd. 3.    Locking of ballot boxes.  Immediately before 
 the time when voting is scheduled to begin, one of the election 
 judges shall open the ballot boxes in the presence of the 
 individuals assembled at the polling place, turn the boxes 
 upside down to empty them, lock them, and deliver the key to 
 another election judge.  The boxes shall not be reopened except 
 to count the ballots after the hours for voting have ended and 
 all voting has been concluded.  The boxes shall be kept in 
 public view at all times during voting hours.  After locking the 
 ballot boxes, the election judges shall proclaim that voting may 
 begin, and shall post outside the polling place conspicuous 
 written or printed notices of the time when voting is scheduled 
 to end.  

    Subd. 4.    Ballot boxes, boxcar seals.  The governing 
 body of a municipality or school district by resolution may 
 direct the municipal or school district clerk to furnish a 
 boxcar seal for each ballot box in place of a lock and key.  
 Each seal shall consist of a numbered metal strap with a 
 self-locking device securely attached to one end of the strap so 
 that the other end may be inserted and securely locked in the 
 seal.  No two metal straps shall bear the same number.  

    HIST: 1981 c 29 art 5 s 8; 1983 c 253 s 11; 1987 c 266 art 1 s 
 37; 1997 c 147 s 37; 2004 c 293 art 1 s 30 

     204C.09 Ballot preparation by election judges. 

    Subdivision 1.    Initialing.  Before the voting begins, 
 or as soon as possible after it begins, at least two election 
 judges shall each initial the backs of all the ballots.  The 
 election judges shall not otherwise mark the ballots.  

    Subd. 2.    Distribution procedure.  Official ballots 
 shall be distributed only in the room containing the voting 
 booths and only to individuals who are about to vote, except as 
 otherwise provided in section 204C.15, subdivision 2.  No 
 official ballot shall be distributed to a voter unless it has 
 been initialed by the election judges as provided in subdivision 
 1.  

    HIST: 1981 c 29 art 5 s 9 

     204C.10 Permanent registration; verification of 
  registration. 

    (a) An individual seeking to vote shall sign a polling 
 place roster which states that the individual is at least 18 
 years of age, a citizen of the United States, has resided in 
 Minnesota for 20 days immediately preceding the election, 
 maintains residence at the address shown, is not under a 
 guardianship in which the individual has not retained the right 
 to vote, has not been found by a court of law to be legally 
 incompetent to vote or convicted of a felony without having 
 civil rights restored, is registered and has not already voted 
 in the election.  The roster must also state:  "I understand 
 that deliberately providing false information is a felony 
 punishable by not more than five years imprisonment and a fine 
 of not more than $10,000, or both."  

    (b) A judge may, before the applicant signs the roster, 
 confirm the applicant's name, address, and date of birth.  

    (c) After the applicant signs the roster, the judge shall 
 give the applicant a voter's receipt.  The voter shall deliver 
 the voter's receipt to the judge in charge of ballots as proof 
 of the voter's right to vote, and thereupon the judge shall hand 
 to the voter the ballot.  The voters' receipts must be 
 maintained during the time for notice of filing an election 
 contest. 

    HIST: 1981 c 29 art 5 s 10; 1981 c 92 s 3; 1981 c 217 s 6; 
 1983 c 253 s 12; 1984 c 560 s 15; 1986 c 444; 1990 c 585 s 27; 
 1999 c 132 s 21; 2004 c 293 art 1 s 31 

  204C.11 Repealed, 1984 c 560 s 26 

     204C.12 Challenges to voters; penalty. 

    Subdivision 1.    Manner of challenging.  An election 
 judge shall, and an authorized challenger or other voter may, 
 challenge an individual whom the person knows or reasonably 
 believes is not an eligible voter.  

    Subd. 2.    Statement of grounds; oath.  The challenger 
 shall state the ground for the challenge, and an election judge 
 shall administer to the challenged individual the following oath:

    "Do you solemnly swear that you will fully and truly answer 
 all questions put to you concerning your eligibility to vote at 
 this election?"  

    The election judge shall then ask the challenged individual 
 sufficient questions to test that individual's residence and 
 right to vote.  

    Subd. 3.    Determination of residence.  In determining 
 the legal residence of a challenged individual, the election 
 judges shall be governed by the principles contained in section 
 200.031.  If the challenged individual's answers to the 
 questions show ineligibility to vote in that precinct, the 
 individual shall not be allowed to vote.  If the individual has 
 marked ballots but not yet deposited them in the ballot boxes 
 before the election judges determine ineligibility to vote in 
 that precinct, the marked ballots shall be placed unopened with 
 the spoiled ballots.  If the answers to the questions fail to 
 show that the individual is not eligible to vote in that 
 precinct and the challenge is not withdrawn, the election judges 
 shall verbally administer the oath on the voter certificate to 
 the individual.  After taking the oath and completing and 
 signing the voter certificate, the challenged individual shall 
 be allowed to vote. 

    Subd. 4.    Refusal to answer questions or sign a polling 
 place roster.  A challenged individual who refuses to answer 
 questions or sign a polling place roster as required by this 
 section must not be allowed to vote.  A challenged individual 
 who leaves the polling place and returns later willing to answer 
 questions or sign a polling place roster must not be allowed to 
 vote.  

    Subd. 5.    Election judges; penalty.  An election judge 
 who fails to carry out the duties prescribed by this section is 
 guilty of a gross misdemeanor.  

    HIST: 1981 c 29 art 5 s 12; 1983 c 253 s 13,14; 1986 c 444; 
 1990 c 585 s 28 

     204C.13 Receiving and marking ballots. 

    Subdivision 1.    Handing ballot to voter.  When the 
 election judges are satisfied that an individual is eligible to 
 vote in that precinct, the election judge in charge of the 
 ballots shall give the voter only one ballot of each kind that 
 is to be voted upon at that precinct.  Each ballot shall be 
 removed separately as needed for each voter from the previously 
 initialed pile of ballots.  

    Subd. 2.    Voting booths.  One of the election judges 
 shall explain to the voter the proper method of marking and 
 folding the ballots and, during a primary election, the effect 
 of attempting to vote in more than one party's primary.  Except 
 as otherwise provided in section 204C.15, the voter shall retire 
 alone to an unoccupied voting booth and mark the ballots without 
 undue delay.  The voter may take sample ballots into the booth 
 to assist in voting.  The election judges may adopt and enforce 
 reasonable rules governing the amount of time a voter may spend 
 in the voting booth marking ballots.  

    Subd. 3.    Marking ballots.  The voter shall mark each 
 ballot in the following manner:  

    (a) A mark (X) shall be placed in the square opposite the 
 printed name of each candidate for whom the individual desires 
 to vote, and in the square before the "YES" or "NO" if the 
 individual desires to vote for or against a question.  

    (b) The voter may write in other names on the lines 
 provided under the printed names of the candidates, except that 
 no names shall be written in on primary ballots.  

    (c) At a state primary an individual may vote for 
 candidates of only one major political party on the partisan 
 primary ballot.  If a partisan primary ballot contains votes for 
 the candidates of more than one major political party, the 
 ballot is totally defective and no vote on the ballot shall be 
 counted.  

    (d) An individual who spoils a ballot may return it to the 
 election judges and receive another.  

    Subd. 4.    Folding ballots.  After marking the ballots, 
 the voter shall fold each of them separately to conceal the face 
 and all marks on it, and to expose only the initials of the 
 election judges on the back of the ballot.  

    Subd. 5.    Deposit of ballots in ballot boxes.  The 
 voter shall then withdraw from the voting booth with the ballots 
 and hand them to the election judge in charge of the ballot 
 boxes.  That election judge shall immediately deposit each 
 ballot in the proper box.  Ballots that have not been initialed 
 by the election judges as provided in section 204C.09, shall not 
 be deposited in the ballot box.  

    Subd. 6.    Challenge of voter; time limits; disposition 
 of ballots.  At any time before the ballots of any voter are 
 deposited in the ballot boxes, the election judges or any 
 individual who was not present at the time the voter procured 
 the ballots, but not otherwise, may challenge the eligibility of 
 that voter and the deposit of any received absentee ballots in 
 the ballot boxes.  The election judges shall determine the 
 eligibility of any voter who is present in the polling place in 
 the manner provided in section 204C.12, and if the voter is 
 found to be not eligible to vote, shall place the ballots of 
 that voter unopened among the spoiled ballots.  The election 
 judges shall determine whether to receive or reject the ballots 
 of an absent voter and whether to deposit received absentee 
 ballots in the ballot boxes in the manner provided in sections 
 203B.12, 203B.24 and 203B.25, and shall dispose of any absentee 
 ballots not received or deposited in the manner provided in 
 section 203B.12.  A violation of this subdivision by an election 
 judge is a gross misdemeanor.  

    Subd. 7.    Leaving the polling place.  An individual 
 who has voted or whose ballot has been rejected shall leave the 
 polling place and shall not return except as provided by section 
 204C.06 or 204C.07.  

    HIST: 1981 c 29 art 5 s 13; 1987 c 222 s 1 

     204C.14 Unlawful voting; penalty. 

    No individual shall intentionally:  

    (a) Misrepresent the individual's identity in applying for 
 a ballot, depositing a ballot in a ballot box or attempting to 
 vote by means of a voting machine or electronic voting system; 

    (b) Vote more than once at the same election; 

    (c) Put a ballot in a ballot box for any illegal purpose; 

    (d) Give more than one ballot of the same kind and color to 
 an election judge to be placed in a ballot box; 

    (e) Aid, abet, counsel or procure another to go into any 
 precinct for the purpose of voting in that precinct, knowing 
 that the other individual is not eligible to vote in that 
 precinct; or 

    (f) Aid, abet, counsel or procure another to do any act in 
 violation of this section.  

    A violation of this section is a felony.  

    HIST: 1981 c 29 art 5 s 14; 1986 c 444 

     204C.15 Assistance to voters. 

    Subdivision 1.    Interpreters; physical assistance in 
 marking ballots.  A voter who claims a need for assistance 
 because of inability to read English or physical inability to 
 mark a ballot may obtain the aid of two election judges who are 
 members of different major political parties.  The election 
 judges shall mark the ballots as directed by the voter and in as 
 secret a manner as circumstances permit.  If the voter is deaf 
 or cannot speak English or understand it when it is spoken, the 
 election judges may select two individuals who are members of 
 different major political parties to act as interpreters.  The 
 interpreters shall assist the individual in marking the 
 ballots.  A voter in need of assistance may alternatively obtain 
 the assistance of any individual the voter chooses.  Only the 
 following persons may not provide assistance to a voter:  the 
 voter's employer, an agent of the voter's employer, an officer 
 or agent of the voter's union, or a candidate for election.  The 
 person who assists the voter shall, unaccompanied by an election 
 judge, retire with that voter to a booth and mark the ballot as 
 directed by the voter.  No person who assists another voter as 
 provided in the preceding sentence shall mark the ballots of 
 more than three voters at one election.  Before the ballots are 
 deposited, the voter may show them privately to an election 
 judge to ascertain that they are marked as the voter directed.  
 An election judge or other individual assisting a voter shall 
 not in any manner request, persuade, induce, or attempt to 
 persuade or induce the voter to vote for any particular 
 political party or candidate.  The election judges or other 
 individuals who assist the voter shall not reveal to anyone the 
 name of any candidate for whom the voter has voted or anything 
 that took place while assisting the voter. 

    Subd. 2.    Outside the polling place.  An individual 
 who is unable to enter a polling place where paper ballots or an 
 electronic voting system are used may register and vote without 
 leaving a motor vehicle.  Two election judges who are members of 
 different major political parties shall assist the voter to 
 register and to complete a voter's certificate and shall provide 
 the necessary ballots.  The voter may request additional 
 assistance in marking ballots as provided in subdivision 1.  

    Subd. 2a. Repealed, 1Sp2001 c 10 art 18 s 44 

    Subd. 3.    Voting lines.  In all polling places two 
 election judges shall assist a disabled voter to enter the 
 polling place and go through the registration and voting lines.  
 The voter may also request the assistance of election judges or 
 any other individual in marking ballots, as provided in 
 subdivision 1.  

    HIST: 1981 c 29 art 5 s 15; 1984 c 471 s 11,12; 1986 c 444; 
 1997 c 147 s 38 

     204C.16 Mismarking ballots; disclosure of markings by 
  others; penalty. 

    An election judge or other individual who marks the ballot 
 of any voter, except as authorized by law and as directed by the 
 voter, or who informs anyone other than the voter how the ballot 
 was marked, is guilty of a gross misdemeanor.  

    HIST: 1981 c 29 art 5 s 16 

     204C.17 Voting; secrecy. 

    Except as authorized by section 204C.15, a voter shall not 
 reveal to anyone in the polling place the name of any candidate 
 for whom the voter intends to vote or has voted.  A voter shall 
 not ask for or receive assistance in the marking of a ballot 
 from anyone within the polling place except as authorized by 
 section 204C.15.  If a voter, after marking a ballot, shows it 
 to anyone except as authorized by law, the election judges shall 
 refuse to deposit the ballot in any ballot box and shall place 
 it among the spoiled ballots.  Unless the showing of the ballot 
 was clearly intentional, the voter shall receive another ballot 
 as provided in section 204C.13, subdivision 3, clause (d).  

    HIST: 1981 c 29 art 5 s 17 

     204C.18 Ballots; secrecy. 

    Subdivision 1.    Party preferences; protection of 
 secrecy.  The election judges shall make no entry or notation 
 in the election register or anywhere else showing the political 
 party to which a voter belongs or for which political party the 
 voter voted.  No election judge shall knowingly permit anyone in 
 the polling place to make such an entry or notation.  

    Subd. 2.    Ballots; identifying marks; penalty.  No 
 voter, election judge, or other individual shall place at any 
 time a mark as a means of identification upon any ballot handed 
 to or cast by a voter or upon spoiled or discarded ballots, 
 except the initials authorized by section 204C.09.  A violation 
 of this subdivision is a gross misdemeanor.  

    HIST: 1981 c 29 art 5 s 18; 1986 c 444 

     204C.19 Counting votes; penalty. 

    Subdivision 1.    Procedure.  When the hours for voting 
 have ended and all voting has concluded, the election judges 
 shall immediately count the votes cast at the election.  The 
 count shall be held at the polling place and shall be public.  
 It shall be continued without intermission until it is completed 
 and the results are declared, except that the election judges 
 may recess for meals or other necessary purposes.  During the 
 count no one except the election judges shall handle the 
 ballots.  Any other individual who touches or interferes with 
 ballots during the counting or any election judge who permits 
 such touching or interference is guilty of a misdemeanor.  

    Subd. 2.    Ballots; order of counting.  Except as 
 otherwise provided in this subdivision, the ballot boxes shall 
 be opened, the votes counted, and the total declared one box at 
 a time in the following order:  the white box, the pink box, the 
 canary box, the light green box, the blue box, the buff box, the 
 goldenrod box, the gray box, and then the other kinds of ballots 
 voted at the election.  If enough election judges are available 
 to provide counting teams of four or more election judges for 
 each box, more than one box may be opened and counted at the 
 same time.  The election judges on each counting team shall be 
 evenly divided between the major political parties.  The numbers 
 entered on the summary sheet shall not be considered final until 
 the ballots in all the boxes have been counted and corrections 
 have been made if ballots have been deposited in the wrong boxes.

    Subd. 3.    Premature disclosure of count results.  No 
 count results from any precinct shall be disclosed by any 
 election judge or other individual until all count results from 
 that precinct are available, nor shall the public media disclose 
 any count results from any precinct before the time when voting 
 is scheduled to end in the state.  

    HIST: 1981 c 29 art 5 s 19; 1987 c 266 art 1 s 38; 1991 c 227 
 s 17 

     204C.20 Ballots; number to be counted. 

    Subdivision 1.    Determination of proper number.  The 
 election judges shall determine the number of ballots to be 
 counted by adding the number of return envelopes from accepted 
 absentee ballots to the number of signed voter's certificates, 
 or to the number of names entered in the election register.  The 
 election judges shall then remove all the ballots from the box.  
 Without considering how the ballots are marked, the election 
 judges shall ascertain that each ballot is separate and shall 
 count them to determine whether the number of ballots in the box 
 corresponds with the number of ballots to be counted.  

    Subd. 2.    Excess ballots.  If two or more ballots are 
 found folded together like a single ballot, the election judges 
 shall lay them aside until all the ballots in the box have been 
 counted.  If it is evident from the number of ballots to be 
 counted that the ballots folded together were cast by one voter, 
 the election judges shall preserve but not count them.  If the 
 number of ballots in one box exceeds the number to be counted, 
 the election judges shall examine all the ballots in the box to 
 ascertain that all are properly marked with the initials of the 
 election judges.  If any ballots are not properly marked with 
 the initials of the election judges, the election judges shall 
 preserve but not count them; however, if the number of ballots 
 does not exceed the number to be counted, the absence of either 
 or both sets of initials of the election judges does not, by 
 itself, disqualify the vote from being counted and must not be 
 the basis of a challenge in a recount.  If there is still an 
 excess of properly marked ballots, the election judges shall 
 replace them in the box, and one election judge, without 
 looking, shall withdraw from the box a number of ballots equal 
 to the excess.  The withdrawn ballots shall not be counted but 
 shall be preserved as provided in subdivision 4.  

    Subd. 3.    Ballots in wrong box.  If the election 
 judges find in a ballot box any ballots that are not the kind 
 properly belonging in it, they shall lay those ballots aside.  
 If the number of ballots found in any box equals or exceeds the 
 number of ballots to be counted, the ballots which should have 
 been placed in that box, but which are found in another box, 
 shall not be counted.  If the number of ballots found in a box 
 is less than the number of ballots to be counted, and a number 
 of ballots equal to or less than the deficiency and properly 
 belonging in that box are found in another box, the latter 
 ballots shall be counted.  If the number of ballots found in 
 another box exceeds the deficiency, the excess ballots shall be 
 placed in the proper ballot box and, without looking, an 
 election judge shall withdraw a number of ballots equal to the 
 deficiency and the withdrawn ballots shall then be counted.  

    Subd. 4.    Ballots not counted; disposition.  When the 
 final count of ballots agrees with the number of ballots to be 
 counted, those ballots not counted shall be attached to a 
 certificate made by the election judges which states why the 
 ballots were not counted.  The certificate and uncounted ballots 
 shall be sealed in a separate envelope and returned to the 
 county auditor or municipal or school district clerk from whom 
 they were received.  

    HIST: 1981 c 29 art 5 s 20; 1987 c 266 art 1 s 39; 2004 c 293 
 art 2 s 25 

     204C.21 Counting ballots; piling system. 

    Subdivision 1.    Method.  The election judges shall 
 take all the ballots of the same kind and count the votes cast 
 for each office or question, beginning with the first office or 
 question on the ballot.  They shall make one pile of the ballots 
 for each candidate who received votes for that office, or one 
 pile for the "Yes" votes and one pile for the "No" votes on a 
 question.  They shall make a pile of totally defective ballots 
 and a pile of totally blank ballots.  They shall make a pile of 
 ballots that are not totally defective but are defective with 
 respect to the office or question being counted and a pile of 
 ballots that are not totally blank but are blank with respect to 
 the office or question being counted.  After the separation into 
 piles, the election judges shall examine each pile and remove 
 and place in the proper pile any ballots that are found in the 
 wrong pile.  The election judges shall count the totally blank 
 and totally defective ballots and set them aside until the 
 counting is over for that ballot.  The election judges may pile 
 ballots crosswise in groups of 25 in the same pile to facilitate 
 counting.  When their counts agree, the election judges shall 
 announce the number of ballots in each pile, and shall write the 
 number in the proper place on the summary statements.  

    The election judges shall then return all the counted 
 ballots, and all the partially defective or partially blank 
 ballots, to the original pile to be separated and counted in the 
 same manner for the next office or question.  

    Subd. 2.    More than one candidate to be elected; piling. 
  Where more than one candidate is to be elected to an office, 
 the votes for that office shall be counted and canvassed in the 
 manner provided in subdivision 1 as far as practicable.  

    Subd. 3.    Primary.  At a primary the election judges 
 shall first separate the partisan ballots by major political 
 party and then count the votes for each office as provided in 
 subdivision 1.  The nonpartisan primary ballots shall be counted 
 separately after the partisan primary ballots have been counted. 

    HIST: 1981 c 29 art 5 s 21 

     204C.22 Determining voter's intent. 

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

    Subd. 2.    From face of ballot only.  Intent shall be 
 ascertained only from the face of the ballot.  

    Subd. 3.    Votes for too many candidates.  If a voter 
 places a mark (X) beside the names of more candidates for an 
 office than are to be elected or nominated, the ballot is 
 defective with respect only to that office.  No vote shall be 
 counted for any candidate for that office, but the rest of the 
 ballot shall be counted if possible.  At a primary, if a voter 
 has not indicated a party preference and places a mark (X) 
 beside the names of candidates of more than one party on the 
 partisan ballot, the ballot is totally defective and no votes on 
 it shall be counted.  If a voter has indicated a party 
 preference at a primary, only votes cast for candidates of that 
 party shall be counted.  

    Subd. 3a.    Votes yes and no.  If a voter votes both 
 yes and no on a question, no vote may be counted for that 
 question, but the rest of the ballot must be counted if possible.

    Subd. 4.    Name written in proper place.  If a voter 
 has written the name of an individual in the proper place on a 
 general or special election ballot a vote shall be counted for 
 that individual whether or not the voter makes a mark (X) in the 
 square opposite the blank.  

    Subd. 4a.    Write-in vote for candidate team.  A 
 write-in vote cast for a candidate for governor without a 
 write-in vote for a candidate for lieutenant governor must be 
 counted as a vote for the candidate team including the 
 lieutenant governor candidate selected by that candidate for 
 governor. 

    Subd. 5.    Name written on primary ballot.  If a voter 
 has written the name of an individual on a primary or special 
 primary ballot, a vote shall not be counted for that office.  

    Subd. 6.    Mark out of place.  If a mark (X) is made 
 out of its proper place, but so near a name or space as to 
 indicate clearly the voter's intent, the vote shall be counted.  

    Subd. 7.    All written names or marks counted up to 
 limit.  If a number of individuals are to be elected to the 
 same office, the election judges shall count all names written 
 in and all printed names with (X) marks in squares opposite 
 them, not exceeding the whole number to be elected.  When fewer 
 names than the number to be elected are marked with an (X) or 
 written in, only the marked or written in names shall be 
 counted.  When more names than the number to be elected are 
 marked or written in, the ballot is defective with respect to 
 that office and no vote shall be counted for that office.  

    Subd. 8.    Misspelling; abbreviations.  Misspelling or 
 abbreviations of the names of write-in candidates shall be 
 disregarded if the individual for whom the vote was intended can 
 be clearly ascertained from the ballot.  

    Subd. 9.    Votes for only some offices or questions 
 determined.  If the voter's choice for only some of the 
 offices or questions can be determined from a ballot, the ballot 
 shall be counted for those offices or questions only.  

    Subd. 10.    Different marks.  If a voter uniformly uses 
 a mark other than (X) which clearly indicates an intent to mark 
 a name or to mark yes or no on a question, and the voter does 
 not use (X) anywhere else on the ballot, a vote shall be counted 
 for each candidate or response to a question marked.  If a voter 
 uses two or more distinct marks, such as (X) and some other 
 mark, a vote shall be counted for each candidate or response to 
 a question marked, unless the ballot is marked by distinguishing 
 characteristics that make the entire ballot defective as 
 provided in subdivision 13.  

    Subd. 11.    Attempted erasures.  If the names of two 
 candidates have been marked, and an attempt has been made to 
 erase or obliterate one of the marks, a vote shall be counted 
 for the remaining marked candidate.  If an attempt has been made 
 to obliterate a write-in name a vote shall be counted for the 
 remaining write-in name or marked candidate.  

    Subd. 12.    Soil; defacement.  A ballot shall not be 
 rejected merely because it is slightly soiled or defaced.  

    Subd. 13.    Identifying ballot.  If a ballot is marked 
 by distinguishing characteristics in a manner making it evident 
 that the voter intended to identify the ballot, the entire 
 ballot is defective.  

    Subd. 14.    No votes for certain offices.  If the 
 number of candidates for an office is equal to the number of 
 individuals to be elected to that office, and the voter has not 
 marked any name, no vote shall be counted for any candidate for 
 that office. 

    Subd. 15.    Blank ballot for one or more offices valid. 
  If no name or response to a question is marked and no name is 
 written in, the ballot is blank with respect to that office or 
 question.  A ballot that is blank with respect to one or more 
 offices or questions is not defective.  

    HIST: 1981 c 29 art 5 s 22; 1987 c 222 s 2; 1990 c 453 s 7-10; 
 1991 c 320 s 14 

     204C.23 Defective ballots. 

    A ballot that is defective to the extent that the election 
 judges are unable to determine the voter's intent shall be 
 marked on the back "Defective" if it is totally defective or 
 "Defective as to ......," naming the office or question if it is 
 defective only in part.  

    HIST: 1981 c 29 art 5 s 23 

     204C.24 Election returns; summary statements. 

    Subdivision 1.    Information requirements.  Precinct 
 summary statements shall be submitted by the election judges in 
 every precinct.  For state elections, the election judges shall 
 complete three or more copies of the summary statements, and 
 each copy shall contain the following information for each kind 
 of ballot:  

    (a) the number of votes each candidate received or the 
 number of yes and no votes on each question, the number of 
 undervotes or partially blank ballots, and the number of 
 overvotes or partially defective ballots with respect to each 
 office or question; 

    (b) the number of totally blank ballots, the number of 
 totally defective ballots, the number of spoiled ballots, and 
 the number of unused ballots; 

    (c) the number of individuals who voted at the election in 
 the precinct; 

    (d) the number of voters registering on election day in 
 that precinct; and 

    (e) the signatures of the election judges who counted the 
 ballots certifying that all of the ballots cast were properly 
 piled, checked, and counted; and that the numbers entered by the 
 election judges on the summary statements correctly show the 
 number of votes cast for each candidate and for and against each 
 question. 

    At least two copies of the summary statement must be 
 prepared for elections not held on the same day as the state 
 elections. 

    Subd. 2.    Sealing in envelopes.  The election judges 
 shall place a full set of completed summary statements in each 
 of three separate envelopes and seal them so that the envelopes 
 cannot be opened without leaving evidence that they have been 
 opened.  The election judges shall then sign each envelope over 
 the sealed part so that no envelope can be opened without 
 disturbing the continuity of the signatures.  Each of the 
 envelopes shall show substantially the following information on 
 its face:  

    "Summary statements of the returns of the ....  election 
 precinct, (Town) or (City) of ....., or (School District Number) 
 ...., in the County of ....., State of Minnesota."  

    HIST: 1981 c 29 art 5 s 24; 1981 c 217 s 7; 1983 c 253 s 15; 
 1984 c 447 s 31; 1987 c 175 s 8; 1987 c 266 art 1 s 40; 1988 c 
 646 s 6; 1999 c 132 s 22 

     204C.25 Disposition of ballots. 

    After the count and the summary statements have been 
 completed, in the presence of all the election judges, the 
 counted, defective and blank ballots shall be placed in 
 envelopes marked or printed to distinguish the color of the 
 ballots contained, and the envelopes shall be sealed.  The 
 election judges shall sign each envelope over the sealed part so 
 that the envelope cannot be opened without disturbing the 
 continuity of the signatures.  The number and kind of ballots in 
 each envelope, the name of the town or city, and the name of the 
 precinct shall be plainly written upon the envelopes.  The 
 number and name of the district must be plainly written on 
 envelopes containing school district ballots.  The spoiled 
 ballots shall be placed in separate envelopes and returned with 
 the unused ballots to the county auditor or municipal or school 
 district clerk from whom they were received. 

    HIST: 1981 c 29 art 5 s 25; 1983 c 253 s 16; 1987 c 266 art 1 
 s 41 

     204C.26 Summary statements and envelopes for ballot 
  returns; election officials to furnish. 

    Subdivision 1.    Summary statements.  For state 
 elections, each official responsible for printing ballots shall 
 furnish three or more blank summary statement forms for the 
 returns of those ballots for each precinct.  At least two copies 
 of the summary statement must be prepared for elections not held 
 on the same day as the state elections.  The blank summary 
 statement forms shall be furnished at the same time and in the 
 same manner as the ballots.  The county auditor shall furnish 
 blank summary statement forms containing separate space for the 
 summary statement of the returns of the white ballot and the 
 summary statement of the returns for the state pink ballot.  

    Subd. 2.    Summary statements; contents.  The blank 
 summary statement forms furnished to each precinct shall 
 identify the precinct, ward number if any, city, school district 
 if applicable, or town, date, and kind of election and, under 
 appropriate headings identifying each color ballot, shall 
 contain spaces for the election judges to enter the information 
 required by section 204C.24, subdivision 1. 

    Each blank summary statement form shall also contain a 
 certificate to be signed by the election judges stating that the 
 national flag was displayed on a suitable staff during voting 
 hours; that all of the ballots cast were properly piled, 
 checked, and counted; and that the numbers entered by the 
 election judges on the summary statements correctly show the 
 number of votes cast for each candidate and for and against each 
 question.  

    Subd. 3.    Secretary of state.  On or before July 1 of 
 each even-numbered year, the secretary of state shall prescribe 
 the form for summary statements of election returns and the 
 methods by which returns for the state primary and state general 
 election shall be recorded by precinct, county, and state 
 election officials.  Each county auditor and municipal or school 
 district clerk required to furnish summary statements shall 
 prepare them in the manner prescribed by the secretary of 
 state.  The summary statement of the primary returns shall be in 
 the same form as the summary statement of the general election 
 returns except that a separate part of the summary statement 
 shall be provided for the partisan primary ballot and a separate 
 part for the nonpartisan primary ballot.  

    Subd. 4.    Envelopes for counted ballots.  Each 
 official responsible for printing ballots shall also furnish 
 envelopes to contain those ballots after they have been 
 counted.  The envelopes shall be made of heavy paper, printed or 
 marked to distinguish the color of the ballots to be contained 
 in them.  They shall be of convenient size to hold the ballots 
 and shall be furnished at the same time and in the same manner 
 as the ballots.  

    HIST: 1981 c 29 art 5 s 26; 1981 c 217 s 8; 1987 c 266 art 1 s 
 42,43; 1999 c 132 s 23 

     204C.27 Delivery of returns to county auditors. 

    One or more of the election judges in each precinct shall 
 deliver two sets of summary statements; all spoiled white, pink, 
 canary, and gray ballots; and the envelopes containing the 
 white, pink, canary, and gray ballots either directly to the 
 municipal clerk for transmittal to the county auditor's office 
 or directly to the county auditor's office as soon as possible 
 after the vote counting is completed but no later than 24 hours 
 after the end of the hours for voting.  One or more election 
 judges shall deliver the remaining set of summary statements and 
 returns, all unused and spoiled municipal and school district 
 ballots, the envelopes containing municipal and school district 
 ballots, and all other things furnished by the municipal or 
 school district clerk, to the municipal or school district 
 clerk's office within 24 hours after the end of the hours for 
 voting.  The municipal or school district clerk shall return all 
 polling place rosters and completed voter registration cards to 
 the county auditor within 48 hours after the end of the hours 
 for voting.  

    HIST: 1981 c 29 art 5 s 27; 1984 c 560 s 16; 1987 c 175 s 9; 
 1987 c 266 art 1 s 44; 1990 c 585 s 29 

     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.  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.  

    HIST: 1981 c 29 art 5 s 28; 1986 c 444; 1987 c 266 art 1 s 45 

     204C.29 Improper delivery of returns. 

    Subdivision 1.    Failure of election judges to make 
 delivery; penalty.  If the election judges fail to deliver 
 returns as required by section 204C.27, the county auditor or 
 municipal or school district clerk to whom the returns should 
 have been delivered shall dispatch a special messenger to obtain 
 them.  The messenger shall receive the same compensation as an 
 election judge would receive for performing the same service and 
 shall be subject to the same penalties as an election judge for 
 violation of any provision of the Minnesota Election Law.  

    Subd. 2.    Irregularities in delivery.  An officer to 
 whom election returns are required to be made shall not refuse 
 to receive them because they are delivered in any manner other 
 than that prescribed by law, except that the returns must be 
 sealed.  No canvassing board shall refuse to include any returns 
 in its canvass of votes because of any informality in holding 
 the election or making returns.  All returns shall be received 
 and the votes canvassed by the canvassing board and included in 
 its statements when there is substantial compliance with the 
 provisions of the Minnesota Election Law.  

    Subd. 3.    Damaging returns or preventing delivery; 
 penalty.  No individual who is appointed to carry a report, 
 certificate, or certified copy of election returns shall 
 intentionally mutilate, tear, deface or obliterate any portion 
 of it or do any act to prevent its delivery.  No individual 
 shall take or accept from a messenger any report, certificate or 
 certified copy of election returns with intent to prevent its 
 delivery, or having taken or accepted it, shall mutilate, tear, 
 deface, obliterate or destroy any portion of it.  A violation of 
 this subdivision is a felony.  

    HIST: 1981 c 29 art 5 s 29; 1987 c 266 art 1 s 46 

     204C.30 Election returns; additional duties of county 
  auditor. 

    Subdivision 1.    Delivery of summary statements to 
 secretary of state.  The county auditor shall promptly deliver 
 to the secretary of state one of the sets of summary statements 
 received from each precinct.  

    Subd. 2. Repealed, 1984 c 560 s 26 

    HIST: 1981 c 29 art 5 s 30 

     204C.31 Canvassing boards; membership. 

    Subdivision 1.    County canvassing board.  The county 
 canvassing board shall consist of the county auditor, the court 
 administrator of the district court, the mayor or chair of the 
 town board of the county's most populous municipality, and two 
 members of the county board selected by the board from its 
 members who are not candidates at the election.  Any member of 
 the canvassing board may appoint a designee to appear at the 
 meeting of the board, except that no designee may be a candidate 
 for public office.  If one of these individuals fails to appear 
 at the meeting of the canvassing board and in the absence of any 
 selection by the county board from among its own members, the 
 county auditor shall appoint an eligible voter of the county who 
 is not a public official or a candidate for public office to 
 fill the vacancy.  Three members constitute a quorum.  

    Subd. 2.    State Canvassing Board.  The State 
 Canvassing Board shall consist of the secretary of state, two 
 judges of the supreme court, and two judges of the district 
 court selected by the secretary of state.  None of the judges 
 shall be a candidate at the election.  If a judge fails to 
 appear at the meeting of the canvassing board, the secretary of 
 state shall fill the vacancy in membership by selecting another 
 judge who is not a candidate at the election.  Not more than two 
 judges of the Supreme Court shall serve on the canvassing board 
 at one time.  

    Subd. 3.    Duties of canvassing boards.  The returns 
 from every election held in this state must be reported to a 
 legally constituted canvassing board.  The duties of each 
 canvassing board are limited to those duties specified in 
 sections 204C.32 to 204C.39. 

    HIST: 1981 c 29 art 5 s 31; 1986 c 444; 1Sp1986 c 3 art 1 s 
 82; 1987 c 175 s 10; 1989 c 291 art 1 s 13; 1993 c 223 s 13; 
 1997 c 147 s 39 

     204C.32 Canvass of state primaries. 

    Subdivision 1.    County canvass.  The county canvassing 
 board shall meet at the county auditor's office on or before the 
 third day following the state primary.  After taking the oath of 
 office, the canvassing board shall publicly canvass the election 
 returns delivered to the county auditor.  The board shall 
 complete the canvass no later than the third day following the 
 state primary and shall promptly prepare and file with the 
 county auditor a report that states:  

    (a) The number of individuals voting at the election in the 
 county, and in each precinct; 

    (b) The number of individuals registering to vote on 
 election day and the number of individuals registered before 
 election day in each precinct; 

    (c) For each major political party, the names of the 
 candidates running for each partisan office and the number of 
 votes received by each candidate in the county and in each 
 precinct; 

    (d) The names of the candidates of each major political 
 party who are nominated; and 

    (e) The number of votes received by each of the candidates 
 for nonpartisan office in each precinct in the county and the 
 names of the candidates nominated for nonpartisan office.  

    Upon completion of the canvass, the county auditor shall 
 mail or deliver a notice of nomination to each nominee for 
 county office voted for only in that county.  The county auditor 
 shall transmit one of the certified copies of the county 
 canvassing board report for state and federal offices to the 
 secretary of state by express mail or similar service 
 immediately upon conclusion of the county canvass.  The 
 secretary of state shall mail a notice of nomination to each 
 nominee for state or federal office. 

    Subd. 2.    State canvass.  The State Canvassing Board 
 shall meet at the Secretary of State's Office seven days after 
 the state primary to canvass the certified copies of the county 
 canvassing board reports received from the county auditors.  
 Immediately after the canvassing board declares the results, the 
 secretary of state shall certify the names of the nominees to 
 the county auditors.  The secretary of state shall mail to each 
 nominee a notice of nomination. 

    HIST: 1981 c 29 art 5 s 32; 1983 c 303 s 14; 1984 c 560 s 17; 
 1993 c 223 s 14; 1997 c 147 s 40; 2000 c 467 s 20 

     204C.33 Canvass of state general elections. 

    Subdivision 1.    County canvass.  The county canvassing 
 board shall meet at the county auditor's office on or before the 
 seventh day following the state general election.  After taking 
 the oath of office, the board shall promptly and publicly 
 canvass the general election returns delivered to the county 
 auditor.  Upon completion of the canvass, the board shall 
 promptly prepare and file with the county auditor a report which 
 states:  

    (a) The number of individuals voting at the election in the 
 county and in each precinct; 

    (b) The number of individuals registering to vote on 
 election day and the number of individuals registered before 
 election day in each precinct; 

    (c) The names of the candidates for each office and the 
 number of votes received by each candidate in the county and in 
 each precinct, including write-in candidates for state and 
 federal office who have requested under section 204B.09 that 
 votes for those candidates be tallied; 

    (d) The number of votes counted for and against a proposed 
 change of county lines or county seat; and 

    (e) The number of votes counted for and against a 
 constitutional amendment or other question in the county and in 
 each precinct.  

    The result of write-in votes cast on the general election 
 ballots must be compiled by the county auditor before the county 
 canvass, except that write-in votes for a candidate for state or 
 federal office must not be counted unless the candidate has 
 timely filed a request under section 204B.09, subdivision 3.  
 The county auditor shall arrange for each municipality to 
 provide an adequate number of election judges to perform this 
 duty or the county auditor may appoint additional election 
 judges for this purpose.  The county auditor may open the 
 envelopes or containers in which the voted ballots have been 
 sealed in order to count and record the write-in votes and must 
 reseal the voted ballots at the conclusion of this process. 

    Upon completion of the canvass, the county canvassing board 
 shall declare the candidate duly elected who received the 
 highest number of votes for each county and state office voted 
 for only within the county.  The county auditor shall transmit 
 one of the certified copies of the county canvassing board 
 report for state and federal offices to the secretary of state 
 by express mail or similar service immediately upon conclusion 
 of the county canvass. 

    Subd. 2.    County canvassing board reports; public 
 availability.  The county auditor of each county shall provide 
 a certified copy of the county canvassing board report to anyone 
 who requests it upon payment to the auditor of costs of 
 reproduction actually incurred by the auditor's office.  The 
 auditor shall not take into account the general office expenses 
 or other expenses.  

    Subd. 3.    State canvass.  The State Canvassing Board 
 shall meet at the secretary of state's office on the second 
 Tuesday following the state general election to canvass the 
 certified copies of the county canvassing board reports received 
 from the county auditors and shall prepare a report that states: 

    (a) The number of individuals voting in the state and in 
 each county; 

    (b) The number of votes received by each of the candidates, 
 specifying the counties in which they were cast; and 

    (c) The number of votes counted for and against each 
 constitutional amendment, specifying the counties in which they 
 were cast.  

    All members of the State Canvassing Board shall sign the 
 report and certify its correctness.  The State Canvassing Board 
 shall declare the result within three days after completing the 
 canvass.  

    HIST: 1981 c 29 art 5 s 33; 1983 c 303 s 15; 1997 c 147 s 41; 
 2000 c 467 s 21; 2004 c 293 art 2 s 26 

     204C.34 Tie votes. 

    In case of a tie vote for nomination or election to an 
 office, the canvassing board with the responsibility for 
 declaring the results for that office shall determine the tie by 
 lot.  

    HIST: 1981 c 29 art 5 s 34 

     204C.35 Federal, state, and judicial races. 

    Subdivision 1.    Automatic recounts.  (a) In a state 
 primary when the difference between the votes cast for the 
 candidates for nomination to a statewide federal office, state 
 constitutional office, statewide judicial office, congressional 
 office, state legislative office, or district judicial office: 

    (1) is less than one-half of one percent of the total 
 number of votes counted for that nomination; or 

    (2) is ten votes or less and the total number of votes cast 
 for the nomination is 400 votes or less; 

 and the difference determines the nomination, the canvassing 
 board with responsibility for declaring the results for that 
 office shall recount the vote.  

    (b) In a state general election when the difference between 
 the votes of a candidate who would otherwise be declared elected 
 to a statewide federal office, state constitutional office, 
 statewide judicial office, congressional office, state 
 legislative office, or district judicial office and the votes of 
 any other candidate for that office: 

    (1) is less than one-half of one percent of the total 
 number of votes counted for that office; or 

    (2) is ten votes or less if the total number of votes cast 
 for the office is 400 votes or less, 

 the canvassing board shall recount the votes. 

    (c) A recount must not delay any other part of the 
 canvass.  The results of the recount must be certified by the 
 canvassing board as soon as possible.  

    (d) Time for notice of a contest for an office which is 
 recounted pursuant to this section shall begin to run upon 
 certification of the results of the recount by the canvassing 
 board.  

    (e) A losing candidate may waive a recount required 
 pursuant to this section by filing a written notice of waiver 
 with the canvassing board. 

    Subd. 2.    Optional recount.  (a) A losing candidate 
 for nomination or election to a statewide federal office, state 
 constitutional office, statewide judicial office, congressional 
 office, state legislative office, or district judicial office 
 may request a recount in a manner provided in this section at 
 the candidate's own expense when the vote difference is greater 
 than the difference required by this section.  The votes shall 
 be recounted as provided in this section if the candidate files 
 a request during the time for filing notice of contest of the 
 primary or election for which a recount is sought.  

    (b) The requesting candidate shall file with the filing 
 officer a bond, cash, or surety in an amount set by the filing 
 officer for the payment of the recount expenses.  The requesting 
 candidate is responsible for the following expenses:  the 
 compensation of the secretary of state, or designees, and any 
 election judge, municipal clerk, county auditor, administrator, 
 or other personnel who participate in the recount; the costs of 
 computer operation, preparation of ballot counting equipment, 
 necessary supplies and travel related to the recount; the 
 compensation of the appropriate canvassing board and costs of 
 preparing for the canvass of recount results; and any attorney 
 fees incurred in connection with the recount by the governing 
 body responsible for the recount. 

    Subd. 3.    Scope of recount.  A recount conducted as 
 provided in this section is limited in scope to the 
 determination of the number of votes validly cast for the office 
 to be recounted.  Only the ballots cast in the election and the 
 summary statements certified by the election judges may be 
 considered in the recount process. 

    HIST: 1981 c 29 art 5 s 35; 1981 c 187 s 1; 1983 c 253 s 17; 
 1989 c 291 art 1 s 14; 1990 c 486 s 1; 1993 c 68 s 1; 1998 c 254 
 art 2 s 24; 1Sp2001 c 10 art 18 s 28; 2004 c 293 art 2 s 27 

     204C.36 Recounts in county, school district, and 
  municipal elections. 

    Subdivision 1.    Required recounts.  (a) Except as 
 provided in paragraph (b), a losing candidate for nomination or 
 election to a county, municipal, or school district office may 
 request a recount of the votes cast for the nomination or 
 election to that office if the difference between the vote cast 
 for that candidate and for a winning candidate for nomination or 
 election is less than one-half of one percent of the total votes 
 counted for that office.  In case of offices where two or more 
 seats are being filled from among all the candidates for the 
 office, the one-half of one percent difference is between the 
 elected candidate with the fewest votes and the candidate with 
 the most votes from among the candidates who were not elected.  

    (b) A losing candidate for nomination or election to a 
 county, municipal, or school district office may request a 
 recount of the votes cast for nomination or election to that 
 office if the difference between the vote cast for that 
 candidate and for a winning candidate for nomination or election 
 is ten votes or less, and the total number of votes cast for the 
 nomination or election of all candidates is no more than 400.  
 In cases of offices where two or more seats are being filled 
 from among all the candidates for the office, the ten vote 
 difference is between the elected candidate with the fewest 
 votes and the candidate with the most votes from among the 
 candidates who were not elected. 

    (c) Candidates for county offices shall file a written 
 request for the recount with the county auditor.  Candidates for 
 municipal or school district offices shall file a written 
 request with the municipal or school district clerk as 
 appropriate.  All requests shall be filed during the time for 
 notice of contest of the primary or election for which a recount 
 is sought.  

    (d) Upon receipt of a request made pursuant to this 
 section, the county auditor shall recount the votes for a county 
 office at the expense of the county, the governing body of the 
 municipality shall recount the votes for a municipal office at 
 the expense of the municipality, and the school board of the 
 school district shall recount the votes for a school district 
 office at the expense of the school district.  

    Subd. 2.    Discretionary candidate recounts.  A losing 
 candidate for nomination or election to a county, municipal, or 
 school district office may request a recount in the manner 
 provided in this section at the candidate's own expense when the 
 vote difference is greater than the difference required by 
 subdivision 1, clauses (a) to (e).  The votes shall be recounted 
 as provided in this section if the requesting candidate files 
 with the county auditor, municipal clerk, or school district 
 clerk a bond, cash, or surety in an amount set by the governing 
 body of the jurisdiction or the school board of the school 
 district for the payment of the recount expenses.  

    Subd. 3.    Discretionary ballot question recounts.  A 
 recount may be conducted for a ballot question when the 
 difference between the votes for and the votes against the 
 question is less than or equal to the difference provided in 
 subdivision 1.  A recount may be requested by any person 
 eligible to vote on the ballot question.  A written request for 
 a recount must be filed with the filing officer of the county, 
 municipality, or school district placing the question on the 
 ballot and must be accompanied by a petition containing the 
 signatures of 25 voters eligible to vote on the question.  If 
 the difference between the votes for and the votes against the 
 question is greater than the difference provided in subdivision 
 1, the person requesting the recount shall also file with the 
 filing officer of the county, municipality, or school district a 
 bond, cash, or surety in an amount set by the appropriate 
 governing body for the payment of recount expenses.  The written 
 request, petition, and any bond, cash, or surety required must 
 be filed during the time for notice of contest for the election 
 for which the recount is requested.  

    Subd. 4.    Expenses.  In the case of a question, a 
 person, or a candidate requesting a discretionary recount, is 
 responsible for the following expenses:  the compensation of the 
 secretary of state, or designees, and any election judge, 
 municipal clerk, county auditor, administrator, or other 
 personnel who participate in the recount; the costs of computer 
 operation, preparation of ballot counting equipment, necessary 
 supplies and travel related to the recount; the compensation of 
 the appropriate canvassing board and costs of preparing for the 
 canvass of recount results; and any attorney fees incurred in 
 connection with the recount by the governing body responsible 
 for the recount. 

    Subd. 5.    Notice of contest.  Time for notice of 
 contest of a nomination or election to a county office which is 
 recounted pursuant to this section shall begin to run upon 
 certification of the results of the recount by the county 
 canvassing board.  Time for notice of contest of a nomination or 
 election to a municipal office which is recounted pursuant to 
 this section shall begin to run upon certification of the 
 results by the governing body of the municipality.  Time for 
 notice of contest of a school district election that is 
 recounted under this subdivision begins to run on certification 
 of the results of the recount by the school board. 

    Subd. 6.    Scope of recount.  A recount conducted as 
 provided in this section is limited in scope to the 
 determination of the number of votes validly cast for the office 
 or question to be recounted.  Only the ballots cast in the 
 election and the summary statements certified by the election 
 judges may be considered in the recount process. 

    HIST: 1981 c 29 art 5 s 36; 1987 c 266 art 1 s 47; 1989 c 291 
 art 1 s 15; 1Sp2001 c 10 art 18 s 29,30; 2004 c 293 art 2 s 28 

     204C.361 Rules for recounts. 

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

    (b) Notwithstanding Minnesota Rules, part 8235.0800, the 
 requirement that ballots be recounted by precinct means that a 
 recount official shall maintain the segregation of ballots by 
 precinct but the recount official may recount more than one 
 precinct at a time in physically separate locations within the 
 room in which the recount is administered. 

    HIST: 1983 c 253 s 18; 1989 c 291 art 1 s 16; 1990 c 426 art 1 
 s 25; 2004 c 293 art 2 s 29 

     204C.37 County canvass; return of reports to secretary 
  of state. 

    Two copies of the reports required by sections 204C.32, 
 subdivision 1 and 204C.33, subdivision 1 shall be certified 
 under the official seal of the county auditor.  Each copy shall 
 be enclosed in an envelope addressed to the secretary of state, 
 with the county auditor's name and official address and the 
 words "Election Returns" endorsed on the envelope.  The copy of 
 the canvassing board report not sent by express mail and the 
 precinct summary statements must be mailed or delivered to the 
 secretary of state.  If neither copy is received by the 
 secretary of state within ten days following the applicable 
 election, the secretary of state shall immediately notify the 
 county auditor, who shall deliver another copy to the secretary 
 of state by special messenger.  

    HIST: 1981 c 29 art 5 s 37; 2000 c 467 s 22 

     204C.38 Correction of obvious errors; when candidates 
  agree. 

    Subdivision 1.    Errors of election judges.  If the 
 candidates for an office unanimously agree in writing that the 
 election judges in any precinct have made an obvious error in 
 the counting or recording of the votes for that office, they 
 shall deliver the agreement to the county auditor of that county 
 who shall reconvene the county canvassing board, if necessary, 
 and present the agreement to it.  The county canvassing board 
 shall correct the error as specified in the agreement.  

    Subd. 2.    Errors of county canvassing board.  If the 
 candidates for an office unanimously agree in writing that the 
 county canvassing board has made an obvious error in the 
 counting and recording of the vote for that office they shall 
 notify the county auditor who shall reconvene the canvassing 
 board.  The county canvassing board shall promptly correct the 
 error as specified in the agreement and file an amended report.  
 When an error is corrected pursuant to this subdivision, the 
 county canvassing board and the county auditor shall proceed in 
 accordance with sections 204C.32 to 204C.36.  

    Subd. 3.    Errors of State Canvassing Board.  If the 
 candidates for an office unanimously agree in writing that the 
 State Canvassing Board has made an obvious error in the counting 
 and recording of the vote for that office they shall deliver the 
 agreement to the secretary of state.  If a certificate of 
 election has not been issued, the secretary of state shall 
 reconvene the State Canvassing Board and present the agreement 
 to it.  The board shall promptly correct the error as specified 
 in the agreement and file an amended statement.  When an error 
 is corrected pursuant to this subdivision by the State 
 Canvassing Board, the State Canvassing Board and the secretary 
 of state shall proceed in accordance with sections 204C.32 to 
 204C.36.  

    HIST: 1981 c 29 art 5 s 38 

     204C.39 Correction of other obvious errors. 

    Subdivision 1.    Manner of correction.  A county 
 canvassing board may determine by majority vote that the 
 election judges have made an obvious error in counting or 
 recording the votes for an office.  The county canvassing board 
 shall then promptly notify all candidates for that office of the 
 determination, including a description of the error.  A 
 candidate who receives notification pursuant to this subdivision 
 or any candidate who believes that the election judges in a 
 precinct have made an obvious error in the counting or recording 
 of the votes for an office may apply without unreasonable delay 
 to the district court of the county containing the precinct in 
 which the alleged error was made for an order determining 
 whether or not an obvious error has been made.  The applicant 
 shall describe the alleged error in the application and may 
 submit additional evidence as directed by the court.  The 
 applicant shall notify the county canvassing board and all 
 candidates for the affected office in the manner directed by the 
 court. If the court finds that the election judges made an 
 obvious error it shall issue an order specifying the error and 
 directing the county canvassing board to inspect the ballots and 
 returns of the precinct in order to correct the error and to 
 proceed further in accordance with this section or otherwise as 
 the court may direct.  

    Subd. 2.    Inspection; time; place.  The county auditor 
 shall schedule a meeting of the county canvassing board at the 
 auditor's office as soon as practicable after the court issues 
 an order under subdivision 1 and shall give sufficient advance 
 notice of the meeting to the affected candidates.  The board, in 
 the presence of all the candidates for the office or their 
 representatives shall inspect the ballots and returns, correct 
 any error and proceed further in accordance with the order of 
 the court.  

    Preparation of the county canvassing board report with 
 respect to other offices on the ballot shall not be delayed 
 because of an inspection required by this section.  

    Subd. 3.    Report of canvassing board; addendum.  After 
 the canvassing board has inspected the ballots and returns, it 
 shall promptly submit to the county auditor an addendum to its 
 regular report, which addendum shall contain the following 
 information:  

    (a) A copy of the order of the court, if any; 

    (b) The minutes of the meeting showing the time, date, and 
 place of the meeting, the names of the candidates or their 
 representatives who were present, and the action taken by the 
 board; 

    (c) A copy of the meeting notice given to each candidate 
 and proof of service; and 

    (d) The names of the candidates for each office for which 
 votes were inspected and the total number of votes received by 
 each candidate for that office in the county and in each 
 precinct.  

    Subd. 4.    Canvassing board; declaration of results; 
 notification.  The canvassing board shall declare the results 
 of the election upon completing the inspection for the office in 
 question.  The report and declaration shall be filed by the 
 county auditor, who shall mail a certified copy to each 
 candidate for that office.  The county auditor shall promptly 
 notify the secretary of state by certified mail of the action of 
 the county canvassing board.  

    HIST: 1981 c 29 art 5 s 39; 1986 c 444 

     204C.40 Certificates of election. 

    Subdivision 1.    Preparation; method of delivery.  The 
 county auditor shall prepare an election certificate for every 
 county candidate declared elected by the county canvassing 
 board, and the secretary of state shall prepare a certificate 
 for every state and federal candidate declared elected by either 
 a county canvassing board or the State Canvassing Board.  Except 
 as otherwise provided in this section, the secretary of state or 
 county auditor, as appropriate, shall deliver an election 
 certificate on demand to the elected candidate.  In an election 
 for United States representative, the secretary of state shall 
 deliver the original election certificate to the chief clerk of 
 the United States House of Representatives.  In an election for 
 United States senator, the governor shall prepare an original 
 certificate of election, countersigned by the secretary of 
 state, and deliver it to the secretary of the United States 
 Senate.  In an election for state representative or state 
 senator, the secretary of state shall deliver the original 
 election certificate to the chief clerk of the house or the 
 secretary of the senate.  The chief clerk of the house or the 
 secretary of the senate shall give a copy of the certificate to 
 the representative-elect or senator-elect.  Upon taking the oath 
 of office, the representative or senator shall receive the 
 original certificate of election.  If a recount is undertaken by 
 a canvassing board pursuant to section 204C.35, no certificate 
 of election shall be prepared or delivered until after the 
 recount is completed.  In case of a contest, the court may 
 invalidate and revoke the certificate as provided in chapter 209.

    Subd. 2.    Time of issuance; certain offices.  No 
 certificate of election shall be issued until seven days after 
 the canvassing board has declared the result of the election.  
 In case of a contest, an election certificate shall not be 
 issued until a court of proper jurisdiction has finally 
 determined the contest.  This subdivision shall not apply to 
 candidates elected to the office of state senator or 
 representative.  

    HIST: 1981 c 29 art 5 s 40; 1986 c 475 s 15; 1991 c 227 s 18; 
 1999 c 132 s 24 

     204C.41 Neglect of duty; other offenses by election 
  officials; penalty. 

    An election officer or other individual required by law to 
 safely keep and produce ballots on election day or to perform 
 any other act, who intentionally fails or refuses to perform the 
 act required, or who is required by law to abstain from any act, 
 and intentionally does the act, or who in either of these cases 
 is guilty of fraud, corruption, partiality or misbehavior in 
 conducting or aiding in the conduct of an election, or in 
 counting or making returns of votes, or who wrongfully refuses 
 to make or deliver a certificate of election, or who falsely or 
 corruptly performs any required act, for which a punishment has 
 not been otherwise expressly provided for by law, is guilty of a 
 felony.  

    HIST: 1981 c 29 art 5 s 41; 1986 c 444 

     204C.50 Postelection security and certification review. 

    Subdivision 1.    Selection for review; notice.  (a) The 
 Office of the Secretary of State shall, within three days after 
 each state general election beginning in 2006, randomly select 
 80 precincts for postelection review as defined in this 
 section.  The precincts must be selected so that an equal number 
 of precincts are selected in each congressional district of the 
 state.  Of the precincts in each congressional district, at 
 least five must have had more than 500 votes cast, and at least 
 two must have had fewer than 500 votes cast.  The secretary of 
 state must promptly provide notices of which precincts are 
 chosen to the election administration officials who are 
 responsible for the conduct of elections in those precincts. 

    (b) One week before the state general election beginning in 
 2006, the secretary of state must post on the office Web site 
 the date, time, and location at which precincts will be randomly 
 chosen for review under this section.  The chair of each major 
 political party may appoint a designee to observe the random 
 selection process. 

    Subd. 2.    Scope and conduct of review.  Each review is 
 limited to federal and state offices and must consist of at 
 least the following: 

    (a) The election officials immediately responsible for a 
 precinct chosen for review must conduct the following review and 
 submit the results in writing to the State Canvassing Board 
 before it meets to canvass the election: 

    (1) a hand tally of the paper ballots, of whatever kind 
 used in that precinct, for each contested election; 

    (2) a recount using the actual machine and software used on 
 election day, if a precinct-count or central-count automated 
 voting system was used; and 

    (3) a comparison of the hand tally with the reported 
 results for the precinct in the county canvassing board report, 
 as well as the actual tape of any automated tabulation produced 
 by any precinct-count or central-count optical scan equipment 
 that may have been used to tabulate votes cast in that precinct. 

    (b) The staff of the Office of the Secretary of State shall 
 conduct or directly supervise a review of the procedures used by 
 the election officials at all levels for a precinct chosen for 
 review, including an inspection of the materials retained for 
 the official 22-month retention period, such as the rosters, the 
 incident log, and the ballots themselves.  The staff must submit 
 a written report to the secretary of state before the next 
 regularly scheduled meeting of the State Canvassing Board. 

    Subd. 3.    Standard of acceptable performance by 
 tabulating equipment.  Each comparison of the precinct-count 
 or central-count tabulating equipment system with the review 
 described in subdivision 2, paragraph (a), must be accurate to 
 within one-half of one percent variation for each contested 
 election.  If any review conducted under subdivision 2, 
 paragraph (a), reveals a discrepancy greater than one-half of 
 one percent, the Office of the Secretary of State shall as soon 
 as practicable conduct an additional review of at least ten 
 percent of the tabulating equipment used in the jurisdiction of 
 the election for which the discrepancy was discovered.  If this 
 review results in a discrepancy greater than the one-half 
 percent standard, the Office of the Secretary of State must 
 conduct a complete audit of the election for which the 
 discrepancy was discovered.  If a complete audit must be 
 conducted, the results of the audit must be used by the 
 canvassing board in making its report and determinations of 
 persons elected and propositions rejected or approved.  If a 
 voting system is found to have failed to record votes in a 
 manner that indicates electronic operational failure, the 
 canvassing board must use the voter-verifiable audit records to 
 determine the votes cast on the system, unless the audit records 
 were also impaired by the operational failure of the voting 
 machine.  Notwithstanding section 204C.33, subdivision 3, the 
 result of any election subject to this audit must not be 
 declared until the audit is completed. 

    Subd. 4.    Standard of acceptable performance by election 
 judges and administrators.  Each comparison of materials and 
 documents generated in the course of the election in the 
 selected precinct is expected to reveal no substantive errors 
 and a minimum of technical issues by election judges and 
 administrators. 

    Subd. 5.    Failure to meet standards.  (a) If a voting 
 system fails to meet the standard set forth in subdivision 3, 
 the manufacturer of the model of machine in question must obtain 
 recertification pursuant to section 206.57 and rules adopted 
 under that section, and is liable for penalties under section 
 206.66. 

    (b) If election judges or administrators fail to meet the 
 standard in subdivision 4, the judges and administrators for the 
 county where the precinct is located must attend training 
 designed to eliminate the errors causing the failure.  The 
 Office of the Secretary of State must consider whether those 
 errors or issues warrant inclusion in the statewide training 
 programs conducted by the Office of the Secretary of State. 

    Subd. 6.    Costs of review.  The costs of conducting 
 the review required by this section must be allocated as follows:

    (a) The county or municipality responsible for each 
 precinct selected for review must bear costs incurred under 
 subdivision 2, paragraph (a).  

    (b) The secretary of state must bear the costs incurred 
 under subdivision 2, paragraph (b), and subdivision 3, including 
 travel, expenses, and staff time of the Office of the Secretary 
 of State. 

    Subd. 7.    Expiration.  This section expires January 1, 
 2008. 

    HIST: 2004 c 293 art 2 s 30