2004 Minnesota Statutes

     203B.12 Election judges to receive and count ballots. 

    Subdivision 1.    Receipt of return envelopes.  The 
 election judges in each precinct or the judges of an absentee 
 ballot board shall take possession of all return envelopes 
 delivered to them in accordance with section 203B.08.  

    Subd. 2.    Examination of return envelopes.  Two or 
 more election judges shall examine each return envelope and 
 shall mark it accepted or rejected in the manner provided in 
 this subdivision.  If a ballot has been prepared under section 
 204B.12, subdivision 2a, or 204B.41, the election judges shall 
 not begin removing ballot envelopes from the return envelopes 
 until 8:00 p.m. on election day, either in the polling place or 
 at an absentee ballot board established under section 203B.13. 

    The election judges shall mark the return envelope 
 "Accepted" and initial or sign the return envelope below the 
 word "Accepted" if the election judges or a majority of them are 
 satisfied that:  

    (1) the voter's name and address on the return envelope are 
 the same as the information provided on the absentee ballot 
 application; 

    (2) the voter's signature on the return envelope is the 
 genuine signature of the individual who made the application for 
 ballots and the certificate has been completed as prescribed in 
 the directions for casting an absentee ballot; 

    (3) the voter is registered and eligible to vote in the 
 precinct or has included a properly completed voter registration 
 application in the return envelope; and 

    (4) the voter has not already voted at that election, 
 either in person or by absentee ballot.  

    The return envelope from accepted ballots must be preserved 
 and returned to the county auditor.  

    If all or a majority of the election judges examining 
 return envelopes find that an absent voter has failed to meet 
 one of the requirements prescribed in clauses (1) to (4), they 
 shall mark the return envelope "Rejected," initial or sign it 
 below the word "Rejected," and return it to the county auditor.  

    Subd. 3.    Notation on polling place roster.  If the 
 return envelope is marked with the word "Accepted," the election 
 judges shall record the fact that the voter has voted by 
 absentee ballot on the polling place roster.  This must be done 
 by placing the letters "A.B." in the appropriate space on the 
 roster.  After a registration record has been marked to record 
 that an individual has voted by absentee ballot, the individual 
 shall not be allowed to vote in person at that election.  

    Subd. 4.    Placement in container; opening and counting 
 of ballots.  The ballot envelopes from return envelopes marked 
 "Accepted" shall be placed by the election judges in a separate 
 absentee ballot container.  The container and each ballot 
 envelope may be opened only after the last regular mail delivery 
 by the United States postal service on election day.  The 
 ballots shall then be initialed by the election judges in the 
 same manner as ballots delivered by them to voters in person and 
 shall be deposited in the appropriate ballot box.  

    If more than one ballot of any kind is enclosed in the 
 ballot envelope, none of the ballots of that kind shall be 
 counted but all ballots of that kind shall be returned in the 
 manner provided by section 204C.25 for return of spoiled ballots.

    Subd. 5. Repealed, 1999 c 132 s 46 

    Subd. 6.    Exception for municipalities or school 
 districts with absentee ballot boards.  In municipalities or 
 school districts with an absentee ballot board, the election 
 judges in each precinct shall receive and process return 
 envelopes and ballot envelopes as provided in this section 
 except that the ballot envelopes from return envelopes marked 
 "Accepted" shall be delivered in an absentee ballot container to 
 the absentee ballot board for the counting of ballots as soon as 
 possible after processing.  Other law to the contrary 
 notwithstanding, the governing body of a municipality or the 
 school board of a school district with an absentee ballot 
 precinct may authorize the judges of the absentee ballot 
 precinct to validate ballots in the manner provided in this 
 section.  The vote totals provided by the absentee ballot board 
 shall be included in the vote totals on the summary statements 
 of the returns for the precinct in which they were received.  

    Subd. 7.    Names of persons submitting absentee ballots. 
  The names of voters who have submitted an absentee ballot 
 return envelope to the county auditor or municipal clerk may not 
 be made available for public inspection until the close of 
 voting on election day.  

    HIST: 1981 c 29 art 3 s 12; 1981 c 185 s 2; 1983 c 253 s 5,6; 
 1984 c 560 s 6-9; 1987 c 266 art 1 s 18; 1989 c 291 art 1 s 5,6; 
 1990 c 585 s 21,22; 1991 c 320 s 1; 1997 c 147 s 20,21; 2004 c 
 293 art 1 s 23