1999 Minnesota Statutes

  209.10 State legislative office. 

    Subdivision 1.    Notice in legislative contest.  In a 
 legislative contest, the court administrator of district court, 
 within three days of receipt of the notice of contest, shall 
 submit one copy of it to the chief justice of the supreme court 
 by certified mail.  The court administrator shall also submit 
 one copy of the answer, if any, to the chief justice by 
 certified mail within three days of receipt. 

    Subd. 2.    Judge selection.  In cases where an unfair 
 campaign practice is alleged, within five days of receipt of a 
 notice of contest, the chief justice shall submit to the parties 
 a list of all the district judges in the state, except those 
 involved in a trial that would interfere with serving as a judge 
 in the election contest and those whose health precludes serving 
 as judge in the election contest.  Within two days after 
 receiving the list of judges the parties shall meet together 
 and, by alternating strikes they shall remove the names of all 
 judges until only one remains.  If no unfair campaign practice 
 is alleged, the parties shall follow the same procedure using 
 only the names of judges of the judicial district or districts 
 covering the area served by the contested office.  If the 
 contestant does not proceed within the time provided for in this 
 section, the action must be dismissed and the judge shall 
 transmit a copy of the order for dismissal to the chief clerk of 
 the house of representatives or the secretary of the senate, as 
 appropriate. 

    Subd. 3.    Duties of court.  Within 15 days after 
 notice of contest has been filed, the judge shall convene the 
 proceeding at an appropriate place within the county, or, if the 
 district includes all or portions of more than one county, a 
 county within the legislative district, and hear testimony of 
 the parties under the ordinary rules of evidence for civil 
 actions.  The judge shall decide the contest, issue appropriate 
 orders, and make written findings of fact and conclusions of law.
 Unless the matter is appealed to the supreme court, the judge, 
 by the first day of the legislative session, shall transmit the 
 findings, conclusions, orders, and records of the proceeding to 
 the chief clerk of the house of representatives or the secretary 
 of the senate, as appropriate.  

    Subd. 4.    Appeal.  The judge's decision may be 
 appealed to the supreme court no later than ten days after its 
 entry in the case of a general election contest or five days 
 after its entry in the case of a primary contest.  The record on 
 appeal must be made, certified, and filed in the supreme court 
 within 15 days after service of notice of appeal.  The appellant 
 shall file in the district court a bond of $500 for the payment 
 of respondent's costs if appellant fails on appeal.  The appeal 
 from an election contest relating to the office of state senator 
 or representative takes precedence over all other matters before 
 the supreme court.  A copy of the decision must be forwarded to 
 the chief clerk of the house of representatives or the secretary 
 of the senate, as appropriate.  

    Subd. 5.    Legislative hearing, procedure.  In hearing 
 a contest, the house or senate shall proceed as follows: 

    (a) At the time appointed, the parties shall be called, 
 and, if they appear, their appearance shall be recorded.  

    (b) If the presiding officer is a party, a speaker pro tem 
 must be elected to preside.  

    (c) The contestant shall submit evidence first, followed by 
 the contestee, and the contestant shall open the argument and 
 close the argument after the contestee has been heard.  

    (d) The vote upon the contest must be viva voce, any member 
 may offer reasons for an intended vote, and a majority of the 
 votes given decides the issue.  No party to the contest may vote 
 upon any question relating thereto.  

    (e) The clerk or secretary shall enter the proceedings in 
 the journal.  

    Subd. 6.    Not a limitation.  This chapter does not 
 limit the constitutional power of the house of representatives 
 and the senate to judge the election returns and eligibility of 
 their own members. 

    HIST: 1959 c 675 art 10 s 7; 1961 c 564 s 6; 1961 c 607 s 8; 
 1971 c 733 s 8; 1986 c 408 s 11; 1986 c 444; 1Sp1986 c 3 art 1 s 
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