reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204C — Election Day Activities › Section 204C.26 — Summary Statements And Envelopes For Ballot Returns; Election Officials To Furnish.

204C.26 SUMMARY STATEMENTS AND ENVELOPES FOR BALLOT RETURNS; ELECTION OFFICIALS TO FURNISH.
Subdivision 1.
Summary statements.
For state elections, each official responsible for printing ballots shall furnish three or more blank summary statement forms for the returns of those ballots for each precinct. At least two copies of the summary statement must be prepared for elections not held on the same day as the state elections. The blank summary statement forms shall be furnished at the same time and in the same manner as the ballots. The county auditor shall furnish blank summary statement forms containing separate space for the summary statement of the returns of the state general election ballot.
Subd. 2.
Summary statements; contents.
The blank summary statement forms furnished to each precinct shall identify the precinct, ward number if any, city, school district if applicable, or town, date, and kind of election and, under appropriate headings identifying each color ballot, shall contain spaces for the election judges to enter the information required by section 204C.24, subdivision 1.
Each blank summary statement form shall also contain a certificate to be signed by the election judges stating that the national flag was displayed on a suitable staff during voting hours; that all of the ballots cast were properly piled, checked, and counted; and that the numbers entered by the election judges on the summary statements correctly show the number of votes cast for each candidate and for and against each question.
Subd. 3.
Secretary of state.
No later than ten weeks before the state primary in each even-numbered year, the secretary of state shall prescribe the form for summary statements of election returns and the methods by which returns for the state primary and state general election shall be recorded by precinct, county, and state election officials. Each county auditor and municipal or school district clerk required to furnish summary statements shall prepare them in the manner prescribed by the secretary of state. The summary statement of the primary returns shall be in the same form as the summary statement of the general election returns except that a separate part of the summary statement shall be provided for the partisan primary ballot and a separate part for the nonpartisan primary ballot.
Subd. 4.
Envelopes for counted ballots.
Each official responsible for printing ballots shall also furnish envelopes to contain those ballots after they have been counted. The envelopes shall be made of heavy paper, printed or marked to distinguish the color of the ballots to be contained in them. They shall be of convenient size to hold the ballots and shall be furnished at the same time and in the same manner as the ballots.
History:
1981 c 29 art 5 s 26; 1981 c 217 s 8; 1987 c 266 art 1 s 42,43; 1999 c 132 s 23; 2010 c 184 s 19; 2014 c 264 s 18
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204C — Election Day Activities › Section 204C.27 — Delivery Of Returns To County Auditors.

204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.
One or more of the election judges in each precinct shall deliver one set of summary statements; all spoiled ballots; and the envelopes containing the ballots either directly to the municipal clerk for transmittal to the county auditor's office or directly to the county auditor's office as soon as possible after the vote counting is completed but no later than 24 hours after the end of the hours for voting. One or more election judges shall deliver the remaining set of summary statements and returns, all unused and spoiled municipal and school district ballots, the envelopes containing municipal and school district ballots, and all other things furnished by the municipal or school district clerk, to the municipal or school district clerk's office within 24 hours after the end of the hours for voting. The municipal or school district clerk shall return all polling place rosters and completed voter registration cards to the county auditor within 48 hours after the end of the hours for voting.
History:
1981 c 29 art 5 s 27; 1984 c 560 s 16; 1987 c 175 s 9; 1987 c 266 art 1 s 44; 1990 c 585 s 29; 2013 c 131 art 2 s 36; 2021 c 31 art 3 s 12
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204C — Election Day Activities › Section 204C.29 — Improper Delivery Of Returns.

204C.29 IMPROPER DELIVERY OF RETURNS.
Subdivision 1.
Failure of election judges to make delivery; penalty.
If the election judges fail to deliver returns as required by section 204C.27, the county auditor or municipal or school district clerk to whom the returns should have been delivered shall dispatch a special messenger to obtain them. The messenger shall receive the same compensation as an election judge would receive for performing the same service and shall be subject to the same penalties as an election judge for violation of any provision of the Minnesota Election Law.
Subd. 2.
Irregularities in delivery.
An officer to whom election returns are required to be made shall not refuse to receive them because they are delivered in any manner other than that prescribed by law, except that the returns must be sealed. No canvassing board shall refuse to include any returns in its canvass of votes because of any informality in holding the election or making returns. All returns shall be received and the votes canvassed by the canvassing board and included in its statements when there is substantial compliance with the provisions of the Minnesota Election Law.
Subd. 3.
Damaging returns or preventing delivery; penalty.
No individual who is appointed to carry a report, certificate, or certified copy of election returns shall intentionally mutilate, tear, deface or obliterate any portion of it or do any act to prevent its delivery. No individual shall take or accept from a messenger any report, certificate or certified copy of election returns with intent to prevent its delivery, or having taken or accepted it, shall mutilate, tear, deface, obliterate, or destroy any portion of it. A violation of this subdivision is a felony.
History:
1981 c 29 art 5 s 29; 1987 c 266 art 1 s 46
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204C — Election Day Activities › Section 204C.31 — Canvassing Boards; Membership.

204C.31 CANVASSING BOARDS; MEMBERSHIP.
Subdivision 1.
County canvassing board.
The county canvassing board shall consist of the county auditor, the court administrator of the district court, the mayor or chair of the town board of the county's most populous municipality, and two members of the county board selected by the board from its members who are not candidates at the election. Any member of the canvassing board may appoint a designee to appear at the meeting of the board, except that no designee may be a candidate for public office. If one of these individuals fails to appear at the meeting of the canvassing board and in the absence of any selection by the county board from among its own members, the county auditor shall appoint an eligible voter of the county who is not a public official or a candidate for public office to fill the vacancy. Three members constitute a quorum.
Subd. 2.
State Canvassing Board.
The State Canvassing Board shall consist of the secretary of state, two judges of the supreme court, and two judges of the district court selected by the secretary of state. None of the judges shall be a candidate at the election. If a judge fails to appear at the meeting of the canvassing board, the secretary of state shall fill the vacancy in membership by selecting another judge who is not a candidate at the election. Not more than two judges of the supreme court shall serve on the canvassing board at one time.
Subd. 3.
Duties of canvassing boards.
The returns from every election held in this state must be reported to a legally constituted canvassing board. The duties of each canvassing board are limited to those duties specified in sections 204C.32 to 204C.39.
History:
1981 c 29 art 5 s 31; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 175 s 10; 1989 c 291 art 1 s 13; 1993 c 223 s 13; 1997 c 147 s 39
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204C — Election Day Activities › Section 204C.32 — Canvass Of State Primaries.

204C.32 CANVASS OF STATE PRIMARIES.
Subdivision 1.
County canvass.
The county canvassing board shall meet at the county auditor's office on either the second or third day following the state primary. After taking the oath of office, the canvassing board shall publicly canvass the election returns delivered to the county auditor. The board shall complete the canvass by the third day following the state primary and shall promptly prepare and file with the county auditor a report that states:
(a) the number of individuals voting at the election in the county, and in each precinct;
(b) the number of individuals registering to vote on election day and the number of individuals registered before election day in each precinct;
(c) for each major political party, the names of the candidates running for each partisan office and the number of votes received by each candidate in the county and in each precinct;
(d) the names of the candidates of each major political party who are nominated; and
(e) the number of votes received by each of the candidates for nonpartisan office in each precinct in the county and the names of the candidates nominated for nonpartisan office.
Upon completion of the canvass, the county auditor shall mail or deliver a notice of nomination to each nominee for county office voted for only in that county. The county auditor shall transmit one of the certified copies of the county canvassing board report for state and federal offices to the secretary of state by express mail or similar service immediately upon conclusion of the county canvass. The secretary of state shall mail a notice of nomination to each nominee for state or federal office.
Subd. 2.
State canvass.
The State Canvassing Board shall meet at a public meeting space located in the Capitol complex area seven days after the state primary to canvass the certified copies of the county canvassing board reports received from the county auditors. Immediately after the canvassing board declares the results, the secretary of state shall certify the names of the nominees to the county auditors. The secretary of state shall mail to each nominee a notice of nomination.
History:
1981 c 29 art 5 s 32; 1983 c 303 s 14; 1984 c 560 s 17; 1993 c 223 s 14; 1997 c 147 s 40; 2000 c 467 s 20; 2010 c 194 s 18; 2011 c 65 s 4; 2017 c 92 art 1 s 20
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204C — Election Day Activities › Section 204C.34 — Tie Votes.

204C.34 TIE VOTES.
In case of a tie vote for nomination or election to an office, the canvassing board with the responsibility for declaring the results for that office shall determine the tie by lot.
History:
1981 c 29 art 5 s 34
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204C — Election Day Activities › Section 204C.361 — Rules For Recounts.

204C.361 RULES FOR RECOUNTS.
(a) The secretary of state shall adopt rules according to the Administrative Procedure Act establishing uniform recount procedures. All recounts provided for by sections 204C.35, 204C.36, and 206.88, shall be conducted in accordance with these rules.
(b) Notwithstanding Minnesota Rules, part 8235.0800, the requirement that ballots be recounted by precinct means that a recount official shall maintain the segregation of ballots by precinct but the recount official may recount more than one precinct at a time in physically separate locations within the room in which the recount is administered.
History:
1983 c 253 s 18; 1989 c 291 art 1 s 16; 1990 c 426 art 1 s 25; 2004 c 293 art 2 s 29
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204C — Election Day Activities › Section 204C.37 — County Canvass; Return Of Reports To Secretary Of State.

204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF STATE.
A copy of the report required by sections 204C.32, subdivision 1, and 204C.33, subdivision 1, shall be certified under the official seal of the county auditor. The copy shall be enclosed in an envelope addressed to the secretary of state, with the county auditor's name and official address and the words "Election Returns" endorsed on the envelope. The copy of the canvassing board report must be sent by express mail or delivered to the secretary of state. If the copy is not received by the secretary of state within ten days following the applicable election, the secretary of state shall immediately notify the county auditor, who shall deliver another copy to the secretary of state by special messenger.
History:
1981 c 29 art 5 s 37; 2000 c 467 s 22; 2010 c 201 s 48; 2016 c 161 art 1 s 10
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204C — Election Day Activities › Section 204C.38 — Correction Of Obvious Errors; When Candidates Agree.

204C.38 CORRECTION OF OBVIOUS ERRORS; WHEN CANDIDATES AGREE.
Subdivision 1.
Errors of election judges.
If the candidates for an office unanimously agree in writing that the election judges in any precinct have made an obvious error in the counting or recording of the votes for that office, they shall deliver the agreement to the county auditor of that county who shall reconvene the county canvassing board, if necessary, and present the agreement to it. The county canvassing board shall correct the error as specified in the agreement.
Subd. 2.
Errors of county canvassing board.
If the candidates for an office unanimously agree in writing that the county canvassing board has made an obvious error in the counting and recording of the vote for that office they shall notify the county auditor who shall reconvene the canvassing board. The county canvassing board shall promptly correct the error as specified in the agreement and file an amended report. When an error is corrected pursuant to this subdivision, the county canvassing board and the county auditor shall proceed in accordance with sections 204C.32 to 204C.36.
Subd. 3.
Errors of State Canvassing Board.
If the candidates for an office unanimously agree in writing that the State Canvassing Board has made an obvious error in the counting and recording of the vote for that office they shall deliver the agreement to the secretary of state. If a certificate of election has not been issued, the secretary of state shall reconvene the State Canvassing Board and present the agreement to it. The board shall promptly correct the error as specified in the agreement and file an amended statement. When an error is corrected pursuant to this subdivision by the State Canvassing Board, the State Canvassing Board and the secretary of state shall proceed in accordance with sections 204C.32 to 204C.36.
History:
1981 c 29 art 5 s 38
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204C — Election Day Activities › Section 204C.40 — Certificates Of Election.

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.
History:
1981 c 29 art 5 s 40; 1986 c 475 s 15; 1991 c 227 s 18; 1999 c 132 s 24; 2015 c 70 art 1 s 46
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204C — Election Day Activities › Section 204C.41 — Neglect Of Duty; Other Offenses By Election Officials; Penalty.

204C.41 NEGLECT OF DUTY; OTHER OFFENSES BY ELECTION OFFICIALS; PENALTY.
An election officer or other individual required by law to safely keep and produce ballots on election day or to perform any other act, who intentionally fails or refuses to perform the act required, or who is required by law to abstain from any act, and intentionally does the act, or who in either of these cases is guilty of fraud, corruption, partiality or misbehavior in conducting or aiding in the conduct of an election, or in counting or making returns of votes, or who wrongfully refuses to make or deliver a certificate of election, or who falsely or corruptly performs any required act, for which a punishment has not been otherwise expressly provided for by law, is guilty of a felony.
History:
1981 c 29 art 5 s 41; 1986 c 444
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.02 — Officers Chosen At State General Election; Terms Of Office.

204D.02 OFFICERS CHOSEN AT STATE GENERAL ELECTION; TERMS OF OFFICE.
Subdivision 1.
Officers.
All elective state and county officers, justices of the supreme court, judges of the court of appeals and district court, state senators and state representatives, and senators and representatives in Congress shall be elected at the state general election held in the year before their terms of office expire. Presidential electors shall be chosen at the state general election held in the year before the expiration of a term of a president of the United States.
Subd. 2.
Term of office.
The term of office of all elective state and county officers shall begin on the first Monday in January of the odd-numbered year following their election.
History:
1981 c 29 art 6 s 2; 1983 c 247 s 88; 1998 c 254 art 2 s 25
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.03 — Time Of State Elections.

204D.03 TIME OF STATE ELECTIONS.
Subdivision 1.
State primary.
The state primary shall be held on the second Tuesday in August in each even-numbered year to select the nominees of the major political parties for partisan offices and the nominees for nonpartisan offices to be filled at the state general election, other than presidential electors.
Subd. 2.
State general election.
The state general election shall be held on the first Tuesday after the first Monday in November in each even-numbered year.
Subd. 3.
Exception; certain partisan candidates.
(a) If no more than one candidate files for nomination by a major political party for a partisan office, the candidate who filed must be declared the nominee upon the close of filing. If every candidate for a partisan office has been declared the nominee upon the close of filing, the office must be omitted from the state primary ballot. If all offices, both partisan and nonpartisan, have been omitted from the state primary ballot in a municipality or county, the governing body of the municipality or county may decide that the state primary will not be conducted in that municipality or county.
(b) Within 15 days after the close of filing, each municipal clerk or county auditor whose governing body has decided not to conduct the state primary shall post notice that the offices have been so omitted and the state primary canceled and shall send a copy of the notice to the secretary of state.
History:
1981 c 29 art 6 s 3; 2005 c 156 art 6 s 51; 2010 c 184 s 20
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.04 — Ballot Preparation.

204D.04 BALLOT PREPARATION.
Subdivision 1.
MS 2022 [Repealed, 2023 c 62 art 4 s 138]
Subd. 2.
Instructions to printer; printer's bond.
(a) The official charged with the preparation and distribution of the ballots shall prepare instructions to the printer for rotation of the names of candidates and for layout of the ballot.
(b) Except as provided in paragraph (c), the instructions shall be approved by the legal advisor of the official before delivery to the printer.
(c) The legal advisor of a town official is not required to approve instructions regarding the rotation of the names of candidates on the ballot or the layout of the ballot.
(d) Before a contract exceeding $1,000 is awarded for printing ballots, the printer shall furnish, if requested by the official, a sufficient bond, letter of credit, or certified check, acceptable to the official responsible for printing the ballots, conditioned on printing the ballots in conformity with the Minnesota Election Law and the instructions delivered. The official responsible for printing the ballots shall set the amount of the bond, letter of credit, or certified check in an amount equal to the value of the purchase.
History:
1981 c 29 art 6 s 4; 1986 c 444; 1987 c 175 s 11; 1990 c 453 s 11; 1993 c 223 s 15; 1Sp2001 c 10 art 18 s 31; 2003 c 76 s 1; 2010 c 201 s 49
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.05 — State Primary Ballots; Partisan And Nonpartisan; Official In Charge.

204D.05 STATE PRIMARY BALLOTS; PARTISAN AND NONPARTISAN; OFFICIAL IN CHARGE.
Subdivision 1.
State partisan primary ballot.
The state partisan primary ballot shall contain the names of the candidates seeking the nomination of each major political party for the partisan offices filled at the state general election.
Subd. 2.
State and county nonpartisan primary ballot.
The state and county nonpartisan primary ballot shall contain the names of the candidates seeking nomination for the nonpartisan offices filled at the state general election.
Subd. 3.
County auditor to prepare.
The county auditor of each county shall prepare the state partisan primary ballot and the state and county nonpartisan primary ballot.
History:
1981 c 29 art 6 s 5
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.06 — Certification Of Names By Secretary Of State.

204D.06 CERTIFICATION OF NAMES BY SECRETARY OF STATE.
At least 42 days before a state primary, the secretary of state shall certify to the county auditors the names of all candidates who have properly filed affidavits of candidacy with the secretary of state and who will be voted for in their respective counties at that primary.
History:
1981 c 29 art 6 s 6; 1983 c 303 s 16
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.07 — Placing Names On Ballots.

204D.07 PLACING NAMES ON BALLOTS.
Subdivision 1.
Duties of county auditor.
Except as provided in subdivisions 2 and 3, the county auditor shall place on the appropriate state primary ballot the name of each candidate who has properly filed an affidavit of candidacy with the auditor and of each candidate certified by the secretary of state pursuant to section 204D.06.
Subd. 2.
Exception; petition candidates.
The name of a candidate nominated by petition shall not be placed on any state primary ballot.
Subd. 3.
Exception; certain nonpartisan candidate.
If not more than twice the number of individuals to be elected to a nonpartisan office file for the nomination, their names and the name of the office shall be omitted from the state and county nonpartisan primary ballot and the candidates who filed shall be the nominees.
History:
1981 c 29 art 6 s 7; 1986 c 444
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.09 — Example Ballots; Sample Primary Ballots.

204D.09 EXAMPLE BALLOTS; SAMPLE PRIMARY BALLOTS.
Subdivision 1.
Example ballot.
No later than May 1 of each year, the secretary of state shall supply each auditor with a copy of an example ballot to be used at the state primary and state general election. The example ballot must illustrate the format required for the ballots used in the primary and general elections that year. The county auditor shall distribute copies of the example ballot to municipal and school district clerks in municipalities and school districts holding elections that year. The official ballot must conform in all respects to the example ballot.
Subd. 2.
Sample ballot.
At least 46 days before the state primary the county auditor must prepare a sample ballot for each precinct for public inspection and transmit an electronic copy of these sample ballots to the secretary of state. The names of the candidates to be voted for in the county must be placed on the sample ballots, with the names of the candidates for each office arranged in the base rotation as determined by section 206.61, subdivision 5. The county auditor must post the sample ballots in a conspicuous place in the auditor's office. At least one week before the state primary, the county auditor must publish a notice to voters pursuant to section 204D.16 in at least one newspaper of general circulation in the county.
History:
1981 c 29 art 6 s 9; 1986 c 444; 1Sp2001 c 10 art 18 s 32; 2010 c 184 s 21; 2010 c 201 s 50; 2013 c 131 art 2 s 41; 2016 c 162 s 8; 2023 c 62 art 4 s 100
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.10 — Primary Results; Nominees.

204D.10 PRIMARY RESULTS; NOMINEES.
Subdivision 1.
Partisan offices; nominees.
The candidate for nomination of a major political party for a partisan office on the state partisan primary ballot who receives the highest number of votes shall be the nominee of that political party for that office.
Subd. 2.
[Repealed, 2010 c 201 s 82]
Subd. 3.
Nonpartisan offices; nominees.
The candidates for each office on the state and county nonpartisan primary ballot receiving the highest and the next highest number of votes shall be the nominees for that office. When more than one individual is to be elected to the same nonpartisan office, the number of nominees shall be equal to twice the number of individuals to be elected, and that number of candidates receiving the highest number of votes shall be the nominees for that office.
History:
1981 c 29 art 6 s 10; 1996 c 419 s 9,10; 2003 c 112 art 2 s 50; 2010 c 201 s 51
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.11 — State General Election Ballots; Candidates; Official In Charge; Rules.

204D.11 STATE GENERAL ELECTION BALLOTS; CANDIDATES; OFFICIAL IN CHARGE; RULES.
Subdivision 1.
State general election ballot; rules.
The names of the candidates for all state and federal offices, all proposed constitutional amendments, all county offices and questions, and all judicial offices voted on at the state general election shall be placed on a single ballot that shall be known as the "state general election ballot." This ballot shall be prepared by the county auditor subject to the rules of the secretary of state. The secretary of state shall adopt rules for preparation and time of delivery of the state general election ballot.
Subd. 2.
[Repealed, 2013 c 131 art 2 s 85]
Subd. 3.
[Repealed, 2013 c 131 art 2 s 85]
Subd. 4.
Special federal ballot.
(a) The names of all candidates for the offices of president and vice-president of the United States and senator and representative in Congress shall be placed on a ballot that shall be known as the "special federal ballot."
(b) This ballot shall be prepared by the county auditor in the same manner as the state general election ballot and shall be subject to the rules adopted by the secretary of state pursuant to subdivision 1. This ballot must be prepared and furnished in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act, United States Code, title 52, sections 20301 to 20310.
(c) The special federal ballot shall be the only ballot sent to citizens of the United States who are eligible to vote by absentee ballot for federal candidates in Minnesota.
Subd. 5.
Ballot headings.
The ballot containing the offices and questions in subdivisions 1 and 4 shall be headed with the words "State General Election Ballot."
Subd. 6.
Judicial ballot.
When it would not be possible to place all offices on a single ballot card for the state general election, the judicial offices may be placed instead on a separate judicial ballot. The judicial ballot shall be prepared by the county auditor in the manner provided in the rules of the secretary of state.
The judicial ballot must be headed with the words: "Judicial Nonpartisan General Election Ballot." Separate ballot boxes must be provided for these judicial ballots.
History:
1981 c 29 art 6 s 11; 1983 c 216 art 2 s 26; 1983 c 247 s 90; 1983 c 301 s 163; 1983 c 303 s 17,18; 1984 c 560 s 18-21; 1986 c 444; 1986 c 475 s 16-18; 1987 c 175 s 12; 1992 c 513 art 3 s 44,45; 1993 c 223 s 16-18; 1999 c 132 s 27; 1Sp2001 c 10 art 18 s 33; 2013 c 131 art 2 s 42-45; 2015 c 70 art 1 s 47
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.12 — Names Placed On General Election Ballots.

204D.12 NAMES PLACED ON GENERAL ELECTION BALLOTS.
Without payment of an additional fee, the county auditor shall place on the appropriate state general election ballot the name of every candidate:
(1) whose nomination at the state primary has been certified by the appropriate canvassing board;
(2) who has been nominated by petition, including candidates certified by the secretary of state; and
(3) who was nominated and whose name was omitted from the state nonpartisan primary ballot pursuant to section 204D.07, subdivision 3. Only the names of duly nominated candidates may be placed on a ballot.
History:
1981 c 29 art 6 s 12; 1996 c 419 s 7,10
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.13 — Ballot; Partisan Offices.

204D.13 BALLOT; PARTISAN OFFICES.
Subdivision 1.
Order of offices.
The candidates for partisan offices shall be placed on the state general election ballot in the following order: senator in Congress shall be first; representative in Congress, second; state senator, third; and state representative, fourth. The candidates for state offices shall follow in the order specified by the secretary of state. Candidates for governor and lieutenant governor shall appear so that a single vote may be cast for both offices. Vacant offices being filled by special election must be listed with other offices of that type, but after any office of that type for which a candidate will be elected for a full term.
Subd. 2.
Order of candidates for president and vice president.
The first name printed for president and vice president of the United States on the state general election ballot shall be that of the candidate of the major political party that received the smallest average number of votes at the last state general election. The succeeding names shall be those of the candidates of the other major political parties that received a succeedingly higher average number of votes respectively. For the purposes of this subdivision, the average number of votes of a major political party shall be computed by dividing the total number of votes counted for all of the party's candidates for statewide office at the state general election by the number of those candidates at the election. The names of candidates nominated by petition for president and vice president shall be placed on the state general election ballot after the names of the candidates for that office who were nominated by major political parties. No later than 11 weeks before the state general election, the secretary of state shall determine by lot the order of candidates nominated by petition. The drawing of lots must be by political party or principle.
Subd. 2a.
Rotation of names; other partisan offices.
Except as provided in subdivision 2, the names of candidates for partisan offices on the state general election ballot shall be rotated in the manner provided for rotation of names on state partisan primary ballots by section 204D.08, subdivision 3.
Subd. 3.
Nominees by petition; political party or principle.
For candidates nominated by petition for partisan office, the political party or political principle of a candidate as stated on the petition shall be placed after the name of a candidate nominated by petition. The word "nonpartisan" shall not be used to designate any partisan candidate whose name is placed on the state general election ballot by nominating petition.
Subd. 4.
[Expired]
History:
1981 c 29 art 6 s 13; 1983 c 253 s 20; 1996 c 419 s 8,10; 1999 c 132 s 28,29; 2000 c 467 s 23; 2013 c 131 art 2 s 46; 2014 c 264 s 19,20; 2021 c 31 art 3 s 15; 2023 c 62 art 4 s 101-103
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.14 — Ballots; Nonpartisan Offices.

204D.14 BALLOTS; NONPARTISAN OFFICES.
Subdivision 1.
Rotation of names.
The names of candidates for nonpartisan offices on the state general election ballot and the judicial nonpartisan general election ballot shall be rotated in the manner provided for rotation of names on state partisan primary ballots by section 204D.08, subdivision 3.
Subd. 2.
[Repealed, 1999 c 132 s 46]
Subd. 3.
Uncontested judicial offices.
Judicial offices for a specific court for which there is only one candidate filed must appear after all other judicial offices for that same court on the ballot.
History:
1981 c 29 art 6 s 14; 1983 c 303 s 19; 1986 c 362 s 5; 2004 c 293 art 2 s 31; 2005 c 156 art 6 s 52; 2013 c 131 art 2 s 47,48
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.15 — Ballot; Constitutional Amendment Sample.

204D.15 BALLOT; CONSTITUTIONAL AMENDMENT SAMPLE.
Subdivision 1.
Titles for constitutional amendments.
The secretary of state shall provide an appropriate title for each question printed on the state general election ballot. The title shall be approved by the attorney general, and shall consist of not more than one printed line above the question to which it refers. At the top of the ballot just below the heading, a conspicuous notice shall be printed stating that a voter's failure to vote on a constitutional amendment has the effect of a negative vote.
Subd. 2.
[Repealed, 1997 c 147 s 79]
Subd. 3.
Sample ballot; constitutional amendments.
Four weeks before the state general election the secretary of state shall file sample copies of the portion of the state general election ballot that contains the proposed constitutional amendments in the Secretary of State's Office for public inspection. Three weeks before the state general election the secretary of state shall transmit sample copies of the sample ballot to each county auditor. Each auditor shall post the sample ballot in a conspicuous place in the auditor's office.
History:
1981 c 29 art 6 s 15; 1981 c 217 s 9; 1983 c 303 s 20; 1986 c 444; 2013 c 131 art 2 s 49; 2014 c 264 s 21
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.16 — Sample General Election Ballots; Posting; Publication.

204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING; PUBLICATION.
(a) At least 46 days before the state general election, the county auditor must post sample ballots for each precinct in the auditor's office for public inspection and transmit an electronic copy of these sample ballots to the secretary of state.
(b) No earlier than 20 days and no later than ten days before the state general election the county auditor must cause a notice to voters to be published in at least one newspaper of general circulation in the county. The secretary of state, in collaboration with stakeholders, must design the notice to be published, including the format and content to be used. The secretary of state, in collaboration with stakeholders, may modify the content or format of the notice to be used by metropolitan counties, as defined in section 473.121, subdivision 4. When published, the notice must be sized so that it comprises a minimum of one full newspaper page.
(c) The notice required by paragraph (b) must, at minimum, include the following:
(1) a statement that the voter's official ballot will have the names of all candidates for the voter's precinct;
(2) the web address where a voter may view the voter's sample ballot based on the voter's address;
(3) the county's website where a list of sample ballots for each county precinct may be viewed;
(4) how a voter may obtain a free copy of a sample ballot specific to the voter's address; and
(5) contact information for the appropriate local election official, including a phone number and email address.
The notice may include information about contests on the ballot; names, offices, and party affiliation, if any, of candidates; polling place locations; poll hours; and absentee voting information.
(d) For purposes of this section, "stakeholder" means local government election officials and representatives of the Minnesota Newspaper Association.
History:
1981 c 29 art 6 s 16; 1981 c 217 s 10; 2Sp1981 c 2 s 3; 1986 c 444; 2013 c 131 art 2 s 50; 2023 c 62 art 4 s 104
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.165 — Sample Ballots To Schools.

204D.165 SAMPLE BALLOTS TO SCHOOLS.
The county auditor, two weeks before the applicable primary or general election, shall provide one copy of an appropriate sample ballot to a school district upon request. The school district may have the sample ballots reproduced at its expense for classroom educational purposes and for educational activities authorized under section 204B.27, subdivision 7.
History:
1990 c 608 art 7 s 3; 1991 c 237 s 6; 2013 c 131 art 2 s 51
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.17 — State Senator; State Representative; Vacancy In Office; Special Election.

204D.17 STATE SENATOR; STATE REPRESENTATIVE; VACANCY IN OFFICE; SPECIAL ELECTION.
Subdivision 1.
Special elections; exceptions.
A vacancy in the office of state senator or state representative shall be filled for the unexpired term by special election upon the writ of the governor as provided in sections 204D.17 to 204D.27; except that if the legislature will not be in session before the expiration of the vacant term no special election is required.
Subd. 2.
Two or more vacancies.
Two or more vacancies may be filled at the same special election and the candidates may be nominated at the same special primary. Any special primary or special election held pursuant to sections 204D.17 to 204D.27 may be held on the same day as any other election.
History:
1981 c 29 art 6 s 17; 2010 c 201 s 52
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.18 — General Election Laws; Application.

204D.18 GENERAL ELECTION LAWS; APPLICATION.
Except as provided in sections 204D.17 to 204D.27, all of the provisions of the Minnesota Election Law are applicable to special elections as far as practicable.
History:
1981 c 29 art 6 s 18
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.19 — Special Elections; When Held.

204D.19 SPECIAL ELECTIONS; WHEN HELD.
Subdivision 1.
Vacancy filled at general election.
When a vacancy occurs more than 150 days before the next state general election, and the legislature will not be in session before the final canvass of the state general election returns, the vacancy shall be filled at the next state general election.
Subd. 2.
Special election when legislature will be in session.
Except for vacancies in the legislature which occur at any time between the last day of session in an odd-numbered year and the 40th day prior to the opening day of session in the succeeding even-numbered year, when a vacancy occurs and the legislature will be in session so that the individual elected as provided by this section could take office and exercise the duties of the office immediately upon election, the governor shall issue within five days after the vacancy occurs a writ calling for a special election. The special election shall be held as soon as possible, consistent with the notice requirements of section 204D.22, subdivision 3, but in no event more than 35 days after the issuance of the writ. A special election must not be held during the four days before or the four days after a holiday as defined in section 645.44, subdivision 5.
Subd. 3.
Special election at other times.
When a vacancy occurs at a time other than those described in subdivisions 1 and 2 the governor shall issue a writ, calling for a special election to be held so that the individual elected may take office at the opening of the next session of the legislature, or at the reconvening of a session of the legislature.
Subd. 4.
Writ when vacancy results from election contest.
If a vacancy results from a successful election contest, the governor shall issue 22 days after the first day of the legislative session a writ calling for a special election unless the house in which the contest may be tried has passed a resolution which states that it will or will not review the court's determination of the contest. If the resolution states that the house will not review the court's determination, the writ shall be issued within five days of the passage of the resolution.
Subd. 5.
[Repealed, 1999 c 132 s 46]
Subd. 6.
Writ when vacancy results from vacancy in nomination.
If a vacancy in office is due to a vacancy in nomination under section 204B.13, the governor shall issue a writ in the manner provided in that section.
History:
1981 c 29 art 6 s 19; 1993 c 375 art 7 s 6; 2008 c 295 s 14; 2010 c 201 s 53; 2013 c 131 art 2 s 52; art 5 s 9
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.195 — Date Of Special Election; Certain Times Prohibited.

204D.195 DATE OF SPECIAL ELECTION; CERTAIN TIMES PROHIBITED.
Notwithstanding any other provision of law, a special primary and special general election may not be held:
(1) for a period beginning the day following the date of the state primary election and ending the day prior to the date of the state general election; or
(2) on a holiday, or during the four days before or after a holiday, as defined in section 645.44, subdivision 5.
History:
2010 c 201 s 54; 2021 c 31 art 3 s 16
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.20 — Nominations; Vacancy.

204D.20 NOMINATIONS; VACANCY.
Subdivision 1.
Special primary.
Except as provided in subdivision 2, the candidates of the major political parties to fill a vacancy shall be nominated at a special primary. The candidate of each party who receives the highest number of votes at the special primary shall be nominated.
Subd. 2.
No special primary; when.
No special primary shall be held to nominate candidates to fill a vacancy if only one individual from each major political party files as a candidate for that party's nomination. In that case, the individuals who have filed are nominated.
Subd. 3.
Nominations by petition.
Candidates to fill a vacancy may also be nominated by petition under the conditions and in the manner provided by law for candidates filing by petition for like office at the state general election as far as practicable.
History:
1981 c 29 art 6 s 20; 2010 c 201 s 55
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.21 — Time Of Special Primary.

204D.21 TIME OF SPECIAL PRIMARY.
Subdivision 1.
Nomination at state primary.
When a special election is to be held on the same day as the state general election, as provided in section 204D.19, subdivision 1, candidates for nomination to fill the vacancy shall be nominated at the state primary.
Subd. 2.
Nomination at special primary on day of regular primary.
Candidates for nomination to fill a vacancy shall be nominated at a special primary on the day of the regular state primary when the vacancy is to be filled at a special election to be held more than 14 days after the regular state primary.
Subd. 3.
Nomination at special primary on other day.
In all cases other than those provided in subdivisions 1 and 2, a special primary for the nomination of candidates shall be held not later than the 14th day before the special election.
History:
1981 c 29 art 6 s 21
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 204D — Particular Elections › Section 204D.22 — Writ Of Election.

204D.22 WRIT OF ELECTION.
Subdivision 1.
Filing with secretary of state.
A writ calling for a special election shall state the office to be filled, the opening and closing dates of filing for candidacy, and the dates of the special primary and special election. The writ shall be filed with the secretary of state immediately upon issuance.
Subd. 2.
Posting of writ.
Immediately upon receipt of the writ, the secretary of state shall send a certified copy of the writ by United States mail and electronic mail to the county auditor of each county in which candidates to fill the vacancy are to be voted upon. The county auditor shall post a copy of the writ in the auditor's office at least five days before the close of the time for filing affidavits of candidacy for the special election.
Subd. 3.
Notice of special election.
The county auditor of a county in which a special election is to be held shall direct the clerk of each municipality in which the election is to be held to post a notice of the special primary and special election at least seven days before the special primary and at least 14 days before the special election in the manner provided in sections 204B.33 and 204B.34. If the special primary is to be held 14 days before the special election, a single notice of both elections may be posted seven days before the primary.
When the special primary or special election is to be held on the same day as any other election, notice of the special primary or special election may be included in the notice of the other election, if practicable.
Subd. 4.
Failure of notice.
No omission or defect in any notice required to be given by this section shall invalidate a special primary or special election.
History:
1981 c 29 art 6 s 22; 1986 c 444; 2016 c 161 art 1 s 12