2005 Minnesota Statutes

CHAPTER 209. Election contests

  209.01 Definitions. 

    Subdivision 1.    In general.  The definitions in 
 chapter 200 apply to this chapter.  

    Subd. 2.    Statewide office.  For purposes of this 
 chapter "statewide office" means the office of governor, 
 lieutenant governor, attorney general, state auditor, secretary 
 of state, chief justice or associate justice of the Supreme 
 Court, judge of the Court of Appeals, United States senator, or 
 presidential elector. 

    HIST: 1959 c 675 art 10 s 1; 1986 c 408 s 1; 2003 c 112 art 2 
 s 50 

  209.02 Contestant; grounds. 

    Subdivision 1.    General.  Any eligible voter, including a 
 candidate, 
 may contest in the manner provided in this chapter:  (1) the 
 nomination or election of any person for whom the voter had the 
 right to vote if that person is declared nominated or elected to 
 the senate or the house of representatives of the United States, 
 or to a statewide, county, legislative, municipal, school, or 
 district court office; or (2) the declared result of a 
 constitutional amendment or other question voted upon at an 
 election.  The contest may be brought over an irregularity in 
 the conduct of an election or canvass of votes, over the 
 question of who received the largest number of votes legally 
 cast, over the number of votes legally cast in favor of or 
 against a question, or on the grounds of deliberate, serious, 
 and material violations of the Minnesota Election Law. 

    Subd. 2. Repealed, 1986 c 408 s 13 

    Subd. 3. Repealed, 1986 c 408 s 13 

    Subd. 4. Repealed, 1986 c 408 s 13 

    Subd. 4a. Repealed, 1986 c 408 s 13 

    Subd. 5. Repealed, 1986 c 408 s 13 

    Subd. 6. Repealed, 1986 c 408 s 13 

    Subd. 7. Repealed, 1986 c 408 s 13 

    Subd. 8. Repealed, 1986 c 408 s 13 

    HIST: 1959 c 675 art 10 s 2; 1961 c 607 s 1; 1963 c 682 s 1; 
 1965 c 81 s 4-6; 1971 c 733 s 3,4; 1974 c 312 s 1; 1978 c 674 s 
 60; 1981 c 29 art 7 s 38; 1983 c 303 s 23; 1986 c 408 s 2; 1987 
 c 266 art 1 s 64; 1990 c 453 s 18 

     209.021 Notice of contest. 

    Subdivision 1.    Manner; time; contents.  Service of a 
 notice of contest must be made in the same manner as the service 
 of summons in civil actions.  The notice of contest must specify 
 the grounds on which the contest will be made.  The contestant 
 shall serve notice of the contest on the parties enumerated in 
 this section.  Notice must be served and filed within five days 
 after the canvass is completed in the case of a primary or 
 special primary or within seven days after the canvass is 
 completed in the case of a special or general election; except 
 that if a contest is based on a deliberate, serious, and 
 material violation of the election laws which was discovered 
 from the statements of receipts and disbursements required to be 
 filed by candidates and committees, the action may be commenced 
 and the notice served and filed within ten days after the filing 
 of the statements in the case of a general or special election 
 or within five days after the filing of the statements in the 
 case of a primary or special primary.  If a notice of contest 
 questions only which party received the highest number of votes 
 legally cast at the election, a contestee who loses may serve 
 and file a notice of contest on any other ground during the 
 three days following expiration of the time for appealing the 
 decision on the vote count.  

    Subd. 2.    Notice filed with court.  If the contest 
 relates to a nomination or election for statewide office, the 
 contestant shall file the notice of contest with the court 
 administrator of District Court in Ramsey County.  For contests 
 relating to any other office, the contestant shall file the 
 notice of contest with the court administrator of district court 
 in the county where the contestee resides. 

    If the contest relates to a constitutional amendment or 
 other question voted on statewide, the contestant shall file the 
 notice of contest with the court administrator of District Court 
 in Ramsey County.  If the contest relates to any other question, 
 the contestant shall file the notice of contest with the court 
 administrator of district court for the county or any one of the 
 counties where the question appeared on the ballot. 

    Subd. 3.    Notice served on parties.  In all contests 
 relating to the nomination or election of a candidate, the 
 notice of contest must be served on the candidate who is the 
 contestee, a copy of the notice must be sent to the contestee's 
 last known address by certified mail, and a copy must be 
 furnished to the official authorized to issue the certificate of 
 election.  If personal or substituted service on the contestee 
 cannot be made, an affidavit of the attempt by the person 
 attempting to make service and the affidavit of the person who 
 sent a copy of the notice to the contestee by certified mail is 
 sufficient to confer jurisdiction upon the court to decide the 
 contest.  

    If the contest relates to a constitutional amendment or 
 other question voted on statewide or voted on in more than one 
 county, notice of contest must be served on the secretary of 
 state, who is the contestee.  If a contest relates to a question 
 voted on within only one county, school district, or 
 municipality, a copy of the notice of contest must be served on 
 the county auditor, clerk of the school district, or municipal 
 clerk, respectively, who is the contestee. If the contest is 
 upon the question of consolidation or reorganization of a school 
 district, a copy of the notice of contest must be served on the 
 county auditor authorized by law to issue the order. 

    HIST: 1986 c 408 s 3; 1Sp1986 c 3 art 1 s 82; 1987 c 175 s 16; 
 1987 c 266 art 1 s 65; 1989 c 291 art 1 s 29; 1990 c 453 s 19 

  209.03 Contestee's answer. 

    Subdivision 1.    Contest of vote count.  If a notice of 
 contest questions only which of the parties to the contest 
 received the highest number of votes legally cast at the 
 election or the number of votes legally cast in favor of or 
 against a question, the contestee need not file an answer, 
 unless the contestee desires to raise issues not specified in 
 the notice of contest.  

    Subd. 2.    Other contests.  For all other election 
 contests the contestee's answer to the notice of contest must be 
 filed and served on the contestant.  The answer must so far as 
 practicable conform to the rules for pleading in civil actions.  
 If the contest relates to a primary or special primary, service 
 of the answer must be made within the time fixed by the court, 
 but no more than five days after service of the notice of 
 contest.  If the contest relates to a general or special 
 election, service of the answer must be made within seven days 
 after service of the notice of contest.  The contestee's answer 
 must be served in the same manner as the answer in a civil 
 action or in the manner the court may order.  Any other notices 
 must be served in the manner and within the times the court may 
 order.  

    HIST: 1961 c 607 s 2; 1965 c 81 s 7; 1971 c 733 s 5; 1981 c 29 
 art 7 s 38; 1986 c 408 s 4; 1990 c 453 s 20 

  209.04 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  209.04 MS 1984 Repealed, 1986 c 408 s 13 

     209.045 Venue for statewide contests. 

    If a notice of contest is filed in the District Court of 
 Ramsey County regarding a statewide office or constitutional 
 amendment or other question voted on statewide, the court 
 administrator of district court, within three days of receipt of 
 the notice of contest, shall submit one copy of it and of the 
 answer, if any, to the chief justice of the Supreme Court by 
 certified mail.  The case must be heard and determined in Ramsey 
 County by three judges assigned by the chief justice of the 
 Supreme Court.  If there is a division of opinion, the majority 
 opinion prevails.  

    HIST: 1986 c 408 s 5; 1Sp1986 c 3 art 1 s 82 

  209.05 Guarding the ballots. 

    In any election, upon demand made of the custodian of the 
 ballots and upon notice to the candidate's opponent, a candidate 
 may keep a continuous visual guard over the ballots until the 
 expiration of the time for instituting contests.  In case of a 
 contest, the contestant or contestee may keep a visual guard 
 over the ballots.  The guard may be maintained either by the 
 candidate, contestant, or contestee, or by their duly authorized 
 agents, not exceeding two at a time for each party to the 
 contest.  If a candidate, contestant, or contestee seeks to 
 guard the ballots, the custodian of the ballots shall appoint 
 some suitable person to guard the ballots so they are not in the 
 sole custody of the candidate, contestant, contestee, or their 
 agents.  

    HIST: 1959 c 675 art 10 s 3; 1961 c 607 s 4; 1986 c 408 s 6 

  209.06 Inspection of ballots. 

    Subdivision 1.    Appointment of inspectors.  After a 
 contest has been instituted, either party may have the ballots 
 inspected before preparing for trial.  The party requesting an 
 inspection shall file with the district court where the contest 
 is brought a verified petition, stating that the case cannot 
 properly be prepared for trial without an inspection of the 
 ballots and designating the precincts in which an inspection is 
 desired.  A judge of the court in which the contest is pending 
 shall then appoint as many sets of three inspectors for a 
 contest of any office or question as are needed to count and 
 inspect the ballots expeditiously.  One inspector must be 
 selected by each of the parties to the contest and a third must 
 be chosen by those two inspectors.  If either party neglects or 
 refuses to name an inspector, the judge shall appoint the 
 inspector.  The compensation of inspectors is the same as for 
 referees, unless otherwise stipulated.  

    Subd. 2.    Bond, taxing of costs.  The party applying 
 for the inspection shall file with the court administrator of 
 district court a bond in the sum of $250 if the contest is in a 
 single county.  In other cases the bond shall be in a sum set by 
 the court with sureties approved by the court, and conditioned 
 that the party seeking inspection will pay the administrative 
 costs and expenses of the inspection if that party loses the 
 contest.  

    Subd. 3.    Report of inspectors.  An inspection must be 
 made in the office and in the presence of the legal custodian of 
 the ballots.  The inspectors shall recanvass the votes cast for 
 the parties to the contest or the question in issue in 
 accordance with the rules for counting ballots in the Minnesota 
 Election Law.  They shall make a written report of the 
 inspection indicating the number of votes cast for each 
 candidate or each side of the question in each precinct where 
 the ballots were inspected and indicating any disputed ballots 
 upon which the inspectors cannot agree.  

    HIST: 1959 c 675 art 10 s 9; 1961 c 607 s 5; 1986 c 408 s 7; 
 1Sp1986 c 3 art 1 s 82 

     209.065 Pleadings; procedure. 

    The notice of contest and any answer are the pleadings in 
 the case and may be amended in the discretion of the court.  The 
 contest proceedings must be brought on for trial by either the 
 contestant or contestee as soon as practicable within 20 days 
 after the filing of the notice of contest.  The court shall 
 proceed in the manner provided for the trial of civil actions so 
 far as practicable.  

    HIST: 1986 c 408 s 8 

  209.07 Results of contest. 

    Subdivision 1.    Generally.  If a nomination is 
 contested, the court shall decide which candidate, if any, was 
 nominated and is entitled to be named in print on the official 
 ballots.  When the court decides an election contest for any 
 office other than state senator or state representative, and the 
 time for appeal has expired or, in case of an appeal, if the 
 contestant succeeds in the contest, the court may invalidate and 
 revoke any election certificate which has been issued to the 
 contestee.  If the contest involved an error in the counting of 
 ballots, the official authorized to issue the certificate of 
 election shall issue the certificate to the person entitled to 
 it, but if a contestant succeeds in a contest where there is no 
 question as to which of the candidates received the highest 
 number of votes cast at the election, the contestant is not, by 
 reason of the disqualification of the contestee, entitled to the 
 certificate of election.  

    Subd. 2.    Defective ballots.  In a contested election, 
 if the court decides that a serious and material defect in the 
 ballots used changed the outcome of the election for the 
 contested office, the election must be declared invalid for that 
 office.  

    Subd. 3.    Costs of contest.  If the contestee 
 succeeds, costs of the contest must be paid by the contestant.  
 If the contestant succeeds, costs of the contest must be paid by 
 the contestee; except that if the contestee loses because of an 
 error in the counting of ballots or canvass of the returns or 
 because of any other irregularity in the election procedure, 
 costs must be paid, in the discretion of the judge, by the 
 election jurisdictions responsible for errors which resulted in 
 the reversal of the prior results of the election.  

    Subd. 4.    School district board election; surety bond 
 requirements.  If an election approving the issuance of bonds 
 by a school district is contested, the contestant shall file in 
 the district court a surety bond of at least $5,000 or a greater 
 amount determined necessary by the court to provide security for 
 costs of the contest to the school district, including any 
 additional costs that may be incurred by the school district if 
 the bond issue is delayed.  The court may waive the requirements 
 of this subdivision to the extent it finds that there is a 
 reasonable likelihood that the contestant will prevail and that 
 filing the bond would impose an undue hardship.  If the surety 
 bond is not filed within the time allowed by the court, the 
 contest shall be dismissed with prejudice. 

    HIST: 1961 c 607 s 6; 1971 c 733 s 6; 1986 c 408 s 9; 1986 c 
 444; 1999 c 241 art 9 s 45 

  209.08 Repealed, 1959 c 675 art 13 s 1 

  209.085 Repealed, 1959 c 675 art 13 s 1 

  209.09 Appeals. 

    Subdivision 1.    Most contests.  If the decision of the 
 district court in any contest under this chapter is appealed, 
 the appellant shall file in the district court a bond of $500 
 for the payment of all costs incurred by the respondent if 
 appellant fails on the appeal.  Except for a statewide contest 
 or a state legislative contest, the notice of appeal must be 
 served and filed in the court of appeals in the case of a 
 general or special election no later than ten days and, in the 
 case of a primary or special primary, no later than five days 
 after the entry of the district court's decision in the 
 contest.  The record on appeal must be made, certified, and 
 filed in the Court of Appeals within 15 days after service of 
 notice of appeal.  The appeal may be brought on for hearing in 
 the court at any time, upon notice from either party, as the 
 court determines; and may be heard and determined summarily by 
 the court.  

    Subd. 2.    Statewide offices and questions.  Section 
 209.10, subdivision 4, applies to a contest regarding a 
 statewide office, a constitutional amendment, or other question 
 voted on statewide.  A copy of the Supreme Court's decision must 
 be forwarded to the contestant and the contestee. 

    HIST: 1959 c 675 art 10 s 10; 1961 c 607 s 7; 1971 c 733 s 7; 
 1981 c 29 art 7 s 38; 1983 c 247 s 91; 1986 c 408 s 10; 1986 c 
 444; 1987 c 200 s 1; 1990 c 453 s 21 

  209.10 State legislative office. 

    Subdivision 1.    Notice in legislative contest.  In a 
 legislative contest, the court administrator of district court, 
 within three days of receipt of the notice of contest, shall 
 submit one copy of it to the chief justice of the Supreme Court 
 by certified mail.  The court administrator shall also submit 
 one copy of the answer, if any, to the chief justice by 
 certified mail within three days of receipt. 

    Subd. 2.    Judge selection.  In cases where an unfair 
 campaign practice is alleged, within five days of receipt of a 
 notice of contest, the chief justice shall submit to the parties 
 a list of all the district judges in the state, except those 
 involved in a trial that would interfere with serving as a judge 
 in the election contest and those whose health precludes serving 
 as judge in the election contest.  Within two days after 
 receiving the list of judges the parties shall meet together 
 and, by alternating strikes they shall remove the names of all 
 judges until only one remains.  If no unfair campaign practice 
 is alleged, the parties shall follow the same procedure using 
 only the names of judges of the judicial district or districts 
 covering the area served by the contested office.  If the 
 contestant does not proceed within the time provided for in this 
 section, the action must be dismissed and the judge shall 
 transmit a copy of the order for dismissal to the chief clerk of 
 the house of representatives or the secretary of the senate, as 
 appropriate. 

    Subd. 3.    Duties of court.  Within 15 days after 
 notice of contest has been filed, the judge shall convene the 
 proceeding at an appropriate place within the county, or, if the 
 district includes all or portions of more than one county, a 
 county within the legislative district, and hear testimony of 
 the parties under the ordinary rules of evidence for civil 
 actions.  The judge shall decide the contest, issue appropriate 
 orders, and make written findings of fact and conclusions of law.
 Unless the matter is appealed to the Supreme Court, the judge, 
 by the first day of the legislative session, shall transmit the 
 findings, conclusions, orders, and records of the proceeding to 
 the chief clerk of the house of representatives or the secretary 
 of the senate, as appropriate.  

    Subd. 4.    Appeal.  The judge's decision may be 
 appealed to the Supreme Court no later than ten days after its 
 entry in the case of a general election contest or five days 
 after its entry in the case of a primary contest.  The record on 
 appeal must be made, certified, and filed in the Supreme Court 
 within 15 days after service of notice of appeal.  The appellant 
 shall file in the district court a bond of $500 for the payment 
 of respondent's costs if appellant fails on appeal.  The appeal 
 from an election contest relating to the office of state senator 
 or representative takes precedence over all other matters before 
 the Supreme Court.  A copy of the decision must be forwarded to 
 the chief clerk of the house of representatives or the secretary 
 of the senate, as appropriate.  

    Subd. 5.    Legislative hearing, procedure.  In hearing 
 a contest, the house or senate shall proceed as follows: 

    (a) At the time appointed, the parties shall be called, 
 and, if they appear, their appearance shall be recorded.  

    (b) If the presiding officer is a party, a speaker pro tem 
 must be elected to preside.  

    (c) The contestant shall submit evidence first, followed by 
 the contestee, and the contestant shall open the argument and 
 close the argument after the contestee has been heard.  

    (d) The vote upon the contest must be viva voce, any member 
 may offer reasons for an intended vote, and a majority of the 
 votes given decides the issue.  No party to the contest may vote 
 upon any question relating thereto.  

    (e) The clerk or secretary shall enter the proceedings in 
 the journal.  

    Subd. 6.    Not a limitation.  This chapter does not 
 limit the constitutional power of the house of representatives 
 and the senate to judge the election returns and eligibility of 
 their own members. 

    HIST: 1959 c 675 art 10 s 7; 1961 c 564 s 6; 1961 c 607 s 8; 
 1971 c 733 s 8; 1986 c 408 s 11; 1986 c 444; 1Sp1986 c 3 art 1 s 
 82 

  209.11 MS 1957 Repealed, 1959 c 675 art 13 s 1 

  209.11 MS 1984 Repealed, 1986 c 408 s 13 

  209.12 Congressional office. 

    When a contest relates to the office of senator or a member 
 of the house of representatives of the United States, the only 
 question to be decided by the court is which party to the 
 contest received the highest number of votes legally cast at the 
 election and is therefore entitled to receive the certificate of 
 election.  The judge trying the proceedings shall make findings 
 of fact and conclusions of law upon that question.  Evidence on 
 any other points specified in the notice of contest, including 
 but not limited to the question of the right of any person to 
 nomination or office on the ground of deliberate, serious, and 
 material violation of the provisions of the Minnesota Election 
 Law, must be taken and preserved by the judge trying the 
 contest, or by some person appointed by the judge for that 
 purpose; but the judge shall make no findings or conclusion on 
 those points.  

    After the time for appeal has expired, or in case of an 
 appeal, after the final judicial determination of the contest, 
 upon application of either party to the contest, the court 
 administrator of the district court shall promptly certify and 
 forward the files and records of the proceedings, with all the 
 evidence taken, to the presiding officer of the Senate or the 
 House of Representatives of the United States.  The court 
 administrator shall endorse on the transmittal envelope or 
 container the name of the case and the name of the party in 
 whose behalf the proceedings were held, and shall sign the 
 endorsement.  

    HIST: 1963 c 682 s 2; 1986 c 408 s 12; 1986 c 444; 1Sp1986 c 3 
 art 1 s 82 

  209.13-209.22 Repealed, 1959 c 675 art 13 s 1