2007 Minnesota Statutes

203B.24 DUTIES OF ELECTION JUDGES.
    Subdivision 1. Check of voter eligibility; proper execution of affidavit. Upon receipt of an
absentee ballot returned as provided in sections 203B.16 to 203B.27, the election judges shall
compare the voter's name with the names appearing on their copy of the application records to
insure that the ballot is from a voter eligible to cast an absentee ballot under sections 203B.16 to
203B.27. The election judges shall mark the return envelope "Accepted" and initial or sign the
return envelope below the word "Accepted" if the election judges are satisfied that:
(1) the voter's name on the return envelope appears in substantially the same form as on the
application records provided to the election judges by the county auditor;
(2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of the
Help America Vote Act, Public Law 107-252;
(3) the voter has set forth the voter's military identification number or passport number or, if
those numbers do not appear, a person authorized to administer oaths under federal law or the law
of the place where the oath was administered or a witness who is military personnel with a rank at
or above the rank of sergeant or its equivalent has signed the ballot; and
(4) the voter has not already voted at that election, either in person or by absentee ballot.
An absentee ballot case pursuant to sections 203B.16 to 203B.27 may only be rejected for
the lack of one of clauses (1) to (4). In particular, failure to place the ballot within the security
envelope before placing it in the outer white envelope is not a reason to reject an absentee ballot.
Election judges must note the reason for rejection on the back of the envelope in the space
provided for that purpose.
Failure to return unused ballots shall not invalidate a marked ballot, but a ballot shall not be
counted if the affidavit on the return envelope is not properly executed. In all other respects the
provisions of the Minnesota Election Law governing deposit and counting of ballots shall apply.
    Subd. 2. Voting more than once. The election judges shall compare the voter's name with
the names appearing on their copy of the application records to insure that the voter has not
already returned a ballot in the election. The election judges must indicate on the record whether
an absentee ballot was accepted for each applicant whose name appears on the record. If a voter
whose application has been recorded under section 203B.19 casts a ballot in person on election
day, no absentee ballot shall be counted for that voter. If more than one return envelope is received
from a voter whose application has been recorded under section 203B.19, the ballots in the return
envelope bearing the latest date shall be counted and the uncounted ballots shall be returned by
the election judges with the rejected ballots. The election judges must preserve the record and
return it to the county auditor or municipal clerk with the election day materials.
History: 1981 c 29 art 3 s 24; 2004 c 293 art 1 s 27; 2005 c 156 art 6 s 30; 1Sp2005 c 7 s 22