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Minnesota Legislature

Office of the Revisor of Statutes

204D.27 SPECIAL ELECTION RETURNS.
    Subdivision 1. County canvass. The returns of a special primary or special election held
pursuant to sections 204D.17 to 204D.27 shall be delivered promptly upon completion to the
county auditor of the county in which the special primary or special election is held. Except as
provided in subdivisions 2 to 4, the county canvassing board shall canvass and certify the returns
to the secretary of state on the next day, excluding Sundays and legal holidays, following the
special primary or special election.
    Subd. 2. County canvass; special primary on day of regular state primary. When a
special primary is held on the day of the state primary and the special election will be held on the
day of the next state general election, the returns of the special primary shall be canvassed and
certified by the county canvassing board at their regular meeting.
    Subd. 3. State canvass; special primary. When the special primary is held on the day of the
state primary and the special election will be held more than 20 days after that day, the returns of
the special primary shall be canvassed by the county canvassing board at its regular meeting.
    Subd. 4. County and state canvass; vacancy filled at state general election. When the
special election is held on the day of the state general election and separate special election ballots
were not required, the returns of the special election shall be canvassed and certified by the county
and state canvassing boards at their regular meetings.
    Subd. 5. Canvass; special primary; state canvassing board. Not later than four days
after the returns of the county canvassing boards are certified to the secretary of state, the State
Canvassing Board shall complete its canvass of the special primary. The secretary of state shall
then promptly certify to the county auditors the names of the nominated individuals, prepare
notices of nomination, and notify each nominee of the nomination.
    Subd. 6. Canvass; special election; senator or representative in Congress; State
Canvassing Board. Except as provided in subdivision 4, the State Canvassing Board shall
complete its canvass of a special election for senator or representative in Congress and declare
the results within seven days after the returns of the county canvassing boards are certified to
the secretary of state.
    Subd. 7. Special congressional election contest; conduct. In case of a contest of a special
election for senator or representative in Congress the notice of contest shall be filed within five
days after the canvass is completed, and the contest otherwise shall proceed in the manner
provided by law for contesting elections.
    Subd. 8. Certificate of congressional election. No certificate of election in a special election
for senator or representative in Congress may be issued by the secretary of state to any individual
declared elected by the county or state canvassing board until seven days after the canvassing
board has canvassed the returns and declared the results of the election. In case of a contest the
certificate may not be issued until the district court determines the contest.
    Subd. 9. Canvass; special legislative election; State Canvassing Board. Except as
provided in subdivision 4, the State Canvassing Board shall complete its canvass of a special
election for state senator or state representative and declare the results within four days, excluding
Sundays and legal holidays, after the returns of the county canvassing boards are certified to
the secretary of state.
    Subd. 10. Special legislative election contest; conduct. In case of a contest of a special
election for state senator or state representative, the notice of contest shall be filed within two
days, excluding Sundays and legal holidays, after the canvass is completed, and the contest
otherwise shall proceed in the manner provided by law for contesting elections.
    Subd. 11. Certificate of legislative election. A certificate of election in a special election
for state senator or state representative shall be issued by the secretary of state to the individual
declared elected by the county or state canvassing board two days, excluding Sundays and legal
holidays, after the appropriate canvassing board finishes canvassing the returns for the election.
In case of a contest the certificate shall not be issued until the district court determines
the contest.
History: 1981 c 29 art 6 s 27; 1986 c 444; 1989 c 291 art 1 s 19; 1993 c 223 s 20; 2000 c
467 s 25; 2004 c 293 art 2 s 33; 2005 c 156 art 6 s 53