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2007 Minnesota Statutes
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Chapter 204C
Section 204C.40
Topics
Recent History
- 2015 Subd. 2 Amended 2015 c 70 art 1 s 46
- 1999 Subd. 1 Amended 1999 c 132 s 24
This is an historical version of this statute chapter. Also view the most recent published version.
204C.40 CERTIFICATES OF ELECTION.
Subdivision 1. Preparation; method of delivery. The county auditor shall prepare an
election certificate for every county candidate declared elected by the county canvassing board,
and the secretary of state shall prepare a certificate for every state and federal candidate declared
elected by either a county canvassing board or the State Canvassing Board. Except as otherwise
provided in this section, the secretary of state or county auditor, as appropriate, shall deliver
an election certificate on demand to the elected candidate. In an election for United States
representative, the secretary of state shall deliver the original election certificate to the chief
clerk of the United States House of Representatives. In an election for United States senator, the
governor shall prepare an original certificate of election, countersigned by the secretary of state,
and deliver it to the secretary of the United States Senate. In an election for state representative or
state senator, the secretary of state shall deliver the original election certificate to the chief clerk
of the house or the secretary of the senate. The chief clerk of the house or the secretary of the
senate shall give a copy of the certificate to the representative-elect or senator-elect. Upon taking
the oath of office, the representative or senator shall receive the original certificate of election.
If a recount is undertaken by a canvassing board pursuant to section 204C.35, no certificate of
election shall be prepared or delivered until after the recount is completed. In case of a contest,
the court may invalidate and revoke the certificate as provided in chapter 209.
Subd. 2. Time of issuance; certain offices. No certificate of election shall be issued until
seven days after the canvassing board has declared the result of the election. In case of a contest,
an election certificate shall not be issued until a court of proper jurisdiction has finally determined
the contest. This subdivision shall not apply to candidates elected to the office of state senator or
representative.
History: 1981 c 29 art 5 s 40; 1986 c 475 s 15; 1991 c 227 s 18; 1999 c 132 s 24
Subdivision 1. Preparation; method of delivery. The county auditor shall prepare an
election certificate for every county candidate declared elected by the county canvassing board,
and the secretary of state shall prepare a certificate for every state and federal candidate declared
elected by either a county canvassing board or the State Canvassing Board. Except as otherwise
provided in this section, the secretary of state or county auditor, as appropriate, shall deliver
an election certificate on demand to the elected candidate. In an election for United States
representative, the secretary of state shall deliver the original election certificate to the chief
clerk of the United States House of Representatives. In an election for United States senator, the
governor shall prepare an original certificate of election, countersigned by the secretary of state,
and deliver it to the secretary of the United States Senate. In an election for state representative or
state senator, the secretary of state shall deliver the original election certificate to the chief clerk
of the house or the secretary of the senate. The chief clerk of the house or the secretary of the
senate shall give a copy of the certificate to the representative-elect or senator-elect. Upon taking
the oath of office, the representative or senator shall receive the original certificate of election.
If a recount is undertaken by a canvassing board pursuant to section 204C.35, no certificate of
election shall be prepared or delivered until after the recount is completed. In case of a contest,
the court may invalidate and revoke the certificate as provided in chapter 209.
Subd. 2. Time of issuance; certain offices. No certificate of election shall be issued until
seven days after the canvassing board has declared the result of the election. In case of a contest,
an election certificate shall not be issued until a court of proper jurisdiction has finally determined
the contest. This subdivision shall not apply to candidates elected to the office of state senator or
representative.
History: 1981 c 29 art 5 s 40; 1986 c 475 s 15; 1991 c 227 s 18; 1999 c 132 s 24
Official Publication of the State of Minnesota
Revisor of Statutes