2006 Minnesota Statutes

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. A challenger must be a resident of this state. The
secretary of state shall prepare a form that challengers must complete and sign when making a
challenge. The form must include space to state the ground for the challenge, a statement that the
challenge is based on the challenger's personal knowledge, and a statement that the challenge is
made under oath. The form must include a space for the challenger's printed name, signature,
telephone number, and address.
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is not withdrawn, the election judges shall verbally administer the oath on the voter certificate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.
History: 1981 c 29 art 5 s 12; 1983 c 253 s 13,14; 1986 c 444; 1990 c 585 s 28; 2005 c
156 art 6 s 46