reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 206 — Voting Systems › Section 206.80 — Electronic Voting Systems.

206.80 ELECTRONIC VOTING SYSTEMS.
(a) An electronic voting system may not be employed unless it:
(1) permits every voter to vote in secret;
(2) permits every voter to vote for all candidates and questions for whom or upon which the voter is legally entitled to vote;
(3) provides for write-in voting when authorized;
(4) automatically rejects, except as provided in section 206.84 with respect to write-in votes, all votes for an office or question when the number of votes cast on it exceeds the number which the voter is entitled to cast;
(5) permits a voter at a primary election to select secretly the party for which the voter wishes to vote;
(6) automatically rejects all votes cast in a primary election by a voter when the voter votes for candidates of more than one party; and
(7) provides every voter an opportunity to verify votes recorded on the permanent paper ballot, either visually or using assistive voting technology, and to change votes or correct any error before the voter's ballot is cast and counted, produces an individual, discrete, permanent, paper ballot cast by the voter, and preserves the paper ballot as an official record available for use in any recount.
(b) An electronic voting system purchased on or after June 4, 2005, may not be employed unless it:
(1) accepts and tabulates, in the polling place or at a counting center, a marked optical scan ballot; or
(2) creates a ballot that can be tabulated in the polling place or at a counting center by automatic tabulating equipment certified for use in this state and the ballot is:
(i) a marked optical scan ballot; or
(ii) a marked paper ballot indicating, at a minimum, the date of the election; the name of the precinct; an electronically readable precinct identifier or ballot style indicator; and the voter's votes for each office or question, generated from the voter's use of a touch screen or other electronic device on which a complete ballot meeting the information requirements of any applicable law was displayed electronically.
(c) The use of multiple ballot formats of electronic voting systems in a jurisdiction is not a violation of a voter's right to vote in secret, provided that a record of the ballot formats of electronic voting system used by a voter is not recorded by the election judges or any other elections official in any form.
History:
1984 c 447 s 22; 1987 c 222 s 4; 1988 c 646 s 9; 1997 c 147 s 62; 2005 c 162 s 18; 2006 c 242 s 30; 2023 c 62 art 4 s 115
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 206 — Voting Systems › Section 206.805 — State Voting Systems Contracts.

206.805 STATE VOTING SYSTEMS CONTRACTS.
Subdivision 1.
Contracts required.
(a) The secretary of state, with the assistance of the commissioner of administration, must establish one or more state voting systems contracts. The contracts should, if practical, include provisions for maintenance of the equipment purchased. The voting systems contracts must address precinct-based optical scan voting equipment, assistive voting technology, automatic tabulating equipment, and electronic roster equipment. The contracts must give the state a perpetual license to use and modify the software. The contracts must include provisions to escrow the software source code. Bids for voting systems and related election services must be solicited from each vendor selling or leasing voting systems that have been certified for use by the secretary of state. Bids for electronic roster equipment, software, and related services must be solicited from each vendor selling or leasing electronic roster equipment that meets the requirements of section 201.225, subdivision 2. The contracts must be renewed from time to time.
(b) Counties and municipalities may purchase or lease voting systems and obtain related election services from the state contracts. All counties and municipalities are members of the cooperative purchasing venture of the Department of Administration for the purpose of this section. For the purpose of township elections, counties must aggregate orders under contracts negotiated under this section for products and services and may apportion the costs of those products and services proportionally among the townships receiving the products and services. The county is not liable for the timely or accurate delivery of those products or services.
Subd. 2.
[Repealed, 2010 c 201 s 82]
History:
2005 c 162 s 19; 2006 c 242 s 31; 2014 c 286 art 1 s 4; 2017 c 92 art 1 s 25; 2021 c 31 art 3 s 20
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 206 — Voting Systems › Section 206.81 — Electronic Voting Systems; Experimental Use.

206.81 ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.
(a) The secretary of state may certify an electronic voting system for experimental use at an election prior to its approval for general use.
(b) Experimental use must be observed by the secretary of state or the secretary's designee and the results observed must be considered at any subsequent proceedings for certification for general use.
(c) The secretary of state may adopt rules consistent with sections 206.55 to 206.90 relating to experimental use. The extent of experimental use must be determined by the secretary of state.
History:
1984 c 447 s 23; 1986 c 444; 1997 c 147 s 63; 1Sp2001 c 10 art 18 s 38; 2004 c 293 art 1 s 34; 2005 c 162 s 20
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 206 — Voting Systems › Section 206.83 — Testing Of Voting Systems.

206.83 TESTING OF VOTING SYSTEMS.
At least three days before voting equipment is used, the official in charge of elections shall have the voting system tested to ascertain that the system will correctly mark ballots using all methods supported by the system, including through assistive technology, and count the votes cast for all candidates and on all questions. Public notice of the time and place of the test must be given at least two days in advance by publication once in official newspapers. The test must be observed by at least two election judges, who are not of the same major political party, and must be open to representatives of the political parties, candidates, the press, and the public. The test must be conducted by (1) processing a preaudited group of ballots punched or marked to record a predetermined number of valid votes for each candidate and on each question, and must include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the voting system tabulator and electronic ballot marker to reject those votes; and (2) processing an additional test deck of ballots marked using the electronic ballot marker for the precinct, including ballots marked using the electronic ballot display, audio ballot reader, and any assistive voting technology used with the electronic ballot marker. If any error is detected, the cause must be ascertained and corrected and an errorless count must be made before the voting system may be used in the election. After the completion of the test, the programs used and ballot cards must be sealed, retained, and disposed of as provided for paper ballots.
History:
1984 c 447 s 25; 1988 c 424 s 1; 1993 c 223 s 21; 1997 c 147 s 64; 2005 c 162 s 23; 2006 c 242 s 33; 2023 c 62 art 4 s 116
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 206 — Voting Systems › Section 206.84 — Methods Of Using Electronic Voting Systems.

206.84 METHODS OF USING ELECTRONIC VOTING SYSTEMS.
Subdivision 1.
Instruction of judges, voters.
The officials in charge of elections shall determine procedures to instruct election judges and voters in the use of electronic voting system manual marking devices and the electronic ballot marker, including assistive voting technology.
Subd. 2.
[Repealed, 1997 c 147 s 79]
Subd. 3.
Ballots.
The ballot information must be in the same order provided for paper ballots, except that the information may be in vertical or horizontal rows, or on a number of separate pages. The secretary of state shall provide by rule for standard ballot formats for electronic voting systems. Electronic ballot displays and audio ballot readers shall be in the order provided for on the optical scan ballot. Electronic ballot displays may employ zooms or other devices as assistive voting technology. Audio ballot readers may employ rewinds or audio cues as assistive voting technology.
Ballot cards may contain special printed marks as required for proper positioning and reading of the ballots by electronic vote counting equipment. Ballot cards must contain an identification of the precinct for which they have been prepared which can be read visually and which can be tabulated by the automatic tabulating equipment.
Subd. 4.
[Repealed, 1997 c 147 s 79]
Subd. 5.
[Repealed, 1997 c 147 s 79]
Subd. 6.
Duties of official in charge.
The official in charge of elections in each municipality where an electronic voting system is used shall have the voting systems put in order, set, adjusted, and made ready for voting when delivered to the election precincts. The official shall also provide each precinct with a container for transporting ballot cards to the counting location after the polls close. The container shall be of sturdy material to protect the ballots from all reasonably foreseeable hazards including auto collisions. The election judges shall meet at the polling place at least one hour before the time for opening the polls. Before the polls open the election judges shall compare the ballot cards used with the sample ballots, electronic ballot displays, and audio ballot reader furnished to see that the names, numbers, and letters on both agree and shall certify to that fact on forms provided for the purpose. The certification must be filed with the election returns.
Subd. 7.
Spoiled ballot cards.
A voter who spoils a ballot card or makes an error may return it to the election judges and obtain another. Except as otherwise provided in sections 206.55 to 206.90, the election judges shall conduct the election in the manner prescribed for precincts using paper ballots in chapters 204C and 204D.
History:
1984 c 447 s 26; 1986 c 362 s 10; 1986 c 444; 1987 c 222 s 5; 1997 c 147 s 65-67; 2005 c 162 s 24-26
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 206 — Voting Systems › Section 206.845 — Ballot Recording And Counting Security.

206.845 BALLOT RECORDING AND COUNTING SECURITY.
Subdivision 1.
Prohibited connections.
The county auditor and municipal clerk must secure ballot recording and tabulating systems physically and electronically against unauthorized access. Except for wired connections within the polling place, ballot recording and tabulating systems must not be connected to or operated on, directly or indirectly, any electronic network, including a local area network, a wide-area network, the Internet, or the World Wide Web. Wireless communications may not be used in any way in a vote recording or vote tabulating system. Wireless, device-to-device capability is not permitted. No connection by modem is permitted.
Transfer of information from the ballot recording or tabulating system to another system for network distribution or broadcast must be made by disk, tape, or other physical means of communication, other than direct or indirect electronic connection of the vote recording or vote tabulating system. A county auditor or municipal clerk may not create or disclose, or permit any other person to create or disclose, an electronic image of the hard drive of any vote recording or tabulating system or any other component of an electronic voting system, except as authorized in writing by the secretary of state or for the purpose of conducting official duties as expressly authorized by law.
Subd. 2.
Transmission to central reporting location.
After the close of the polls, the head election judge must create a printed record of the results of the election for that precinct. After the record has been printed, the head election judge in a precinct that employs automatic tabulating equipment may transmit the accumulated tally for each device to a central reporting location using a telephone, modem, Internet, or other electronic connection. During the canvassing period, the results transmitted electronically must be considered unofficial until the canvassing board has performed a complete reconciliation of the results.
Subd. 3.
Cast vote records.
After the municipal clerk or county auditor has received data from automatic tabulating equipment, textual data from the file is public, with the following exceptions, which are protected nonpublic data under section 13.02:
(1) data that indicate the date, time, or order in which a voter cast a ballot;
(2) data that indicate the method with which a voter cast a ballot;
(3) data files that do not include all ballots cast in a precinct;
(4) data files that provide data in the order it was generated; and
(5) data from precincts in which fewer than ten votes were cast.
Data stored as images are protected nonpublic data under section 13.02.
History:
2005 c 162 s 27; 2023 c 62 art 4 s 117,118
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 206 — Voting Systems › Section 206.85 — Officials In Charge Of Counting.

206.85 OFFICIALS IN CHARGE OF COUNTING.
Subdivision 1.
Duties of responsible official.
The official in charge of elections in a municipality where an electronic voting system is used at a counting center must:
(1) be present or personally represented throughout the counting center proceedings;
(2) be responsible for acquiring sufficient facilities and personnel to ensure timely and lawful processing of votes;
(3) be responsible for the proper training of all personnel participating in counting center proceedings and deputize all personnel who are not otherwise election judges;
(4) maintain actual control over all proceedings and be responsible for the lawful execution of all proceedings in the counting center whether or not by experts;
(5) be responsible for assuring the lawful retention and storage of ballots and readouts; and
(6) arrange for observation by the public and by candidates' representatives of counting center procedures by publishing the exact location of the counting center in a legal newspaper at least once during the week preceding the week of election and in the newspaper of widest circulation once on the day preceding the election, or once the week preceding the election if the newspaper is a weekly.
The official may make arrangements with news reporters which permit prompt reporting of election results but which do not interfere with the timely and lawful completion of counting procedures.
Subd. 2.
Counting center in more than one municipality.
If a counting center serves more than one municipality, the county auditor of the county where the center is located is in sole charge of overall administration of the center and must:
(1) establish procedures to implement the timely and lawful completion of the counting center proceedings;
(2) coordinate training of all counting center personnel and require additional training as needed;
(3) ask the county attorney, at least 30 days prior to an election, whether circumstances require that the municipalities sharing the use of a counting center resolve their respective duties and financial responsibilities by execution of a joint powers agreement pursuant to section 471.59;
(4) coordinate, and if necessary, exercise the duties imposed by this section on the official in charge of elections in a municipality where an electronic voting system is used; and
(5) limit the number of ballots to be counted at a single counting center to no more than 100,000.
History:
1984 c 447 s 27; 1986 c 362 s 11; 1986 c 444; 2005 c 162 s 28
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 206 — Voting Systems › Section 206.87 — Canvassing Board Duties.

206.87 CANVASSING BOARD DUTIES.
In a municipality where an electronic voting system is used the canvassing board shall be constituted and shall perform the same duties as provided in sections 204C.32, 204C.33, and 204C.39 on the canvassing of paper ballots.
History:
1984 c 447 s 29
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 206 — Voting Systems › Section 206.88 — Partial Recounts On Electronic Voting Systems.

206.88 PARTIAL RECOUNTS ON ELECTRONIC VOTING SYSTEMS.
The secretary of state may conduct a recount to verify the accuracy of vote counting and recording in one or more precincts in which an electronic voting system was used in the election. The results of the recount must be reported to the appropriate canvassing board. Time for notice of nomination, election, or contest for an office recounted pursuant to this section must begin upon certification of the results of the recount by the canvassing board.
History:
1989 c 291 art 1 s 27
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 206 — Voting Systems › Section 206.895 — Secretary Of State Monitor.

206.895 SECRETARY OF STATE MONITOR.
The secretary of state must monitor and evaluate election procedures in precincts subject to the audit provided for in section 206.89 in at least four precincts in each congressional district. The precincts must be chosen by lot by the State Canvassing Board at its meeting to canvass the state general election.
History:
2006 c 242 s 35
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 207A — Presidential Nomination Primary › Section 207A.11 — Presidential Nomination Primary Established.

207A.11 PRESIDENTIAL NOMINATION PRIMARY ESTABLISHED.
(a) A presidential nomination primary must be held each year in which a president and vice president of the United States are to be nominated and elected.
(b) The party chairs must jointly submit to the secretary of state, no later than March 1 in a year prior to a presidential election year, the single date on which the parties have agreed to conduct the presidential nomination primary in the next year. The date selected must not be the date of the town general election provided in section 205.075, subdivision 1. If a date is not jointly submitted by the deadline, the presidential nomination primary must be held on the first Tuesday in March in the year of the presidential election. No other election may be conducted on the date of the presidential nomination primary.
(c) The secretary of state must adopt rules to implement the provisions of this chapter. The secretary of state shall consult with the party chairs throughout the rulemaking process, including seeking advice about possible rules before issuing a notice of intent to adopt rules, consultation before the notice of comment is published, consultation on the statement of need and reasonableness, consultation in drafting and revising the rules, and consultation regarding any modifications to the rule being considered.
(d) This chapter only applies to a major political party that selects delegates at the presidential nomination primary to send to a national convention. A major political party that does not participate in a national convention is not eligible to participate in the presidential nomination primary.
(e) For purposes of this chapter, "political party" or "party" means a major political party as defined in section 200.02, subdivision 7, that is eligible to participate in the presidential nomination primary.
History:
2016 c 162 s 9; 1Sp2019 c 10 art 4 s 5
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 207A — Presidential Nomination Primary › Section 207A.12 — Conducting Presidential Nomination Primary.

207A.12 CONDUCTING PRESIDENTIAL NOMINATION PRIMARY.
(a) Except as otherwise provided by law, the presidential nomination primary must be conducted, and the results canvassed and returned, in the manner provided by law for the state primary.
(b) An individual seeking to vote at the presidential nomination primary must be registered to vote pursuant to section 201.054, subdivision 1. The voter must request the ballot of the party for whose candidate the individual wishes to vote. Notwithstanding section 204C.18, subdivision 1, the election judge must record in the polling place roster the name of the political party whose ballot the voter requested. When posting voter history pursuant to section 201.171, the county auditor must include the name of the political party whose ballot the voter requested. The political party ballot selected by a voter is private data on individuals as defined under section 13.02, subdivision 12, except as provided in section 201.091, subdivision 4a. A voter eligible to cast a ballot as provided in section 5B.06 must be permitted to cast a ballot at the presidential nomination primary consistent with the requirements of that section.
(c) Immediately after the state canvassing board declares the results of the presidential nomination primary, the secretary of state must notify the chair of each party of the results.
(d) The results of the presidential nomination primary must bind the election of delegates in each party.
History:
2016 c 162 s 10; 1Sp2019 c 10 art 4 s 6; 2023 c 62 art 4 s 121
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 207A — Presidential Nomination Primary › Section 207A.13 — Form Of Ballots; Candidates On Ballot.

207A.13 FORM OF BALLOTS; CANDIDATES ON BALLOT.
Subdivision 1.
Form.
(a) Except as provided by law, presidential nomination primary ballots shall be printed in the same manner as state primary ballots as far as practicable. A sufficient number of each ballot shall be printed for each precinct and ward in the state.
(b) There must be separate ballots for the names of the candidates of each participating political party. Each ballot must be headed by the words "Presidential Nomination Primary Ballot." The heading must also indicate the party that appears on the ballot.
(c) If requested by a party chair, the ballot for that participating party must contain a place for a voter to indicate a preference for having delegates to the party's national convention remain uncommitted. If requested by a party chair, the ballot for that participating party must contain a blank line printed below the other choices on the ballot so that a voter may write in the name of a person who is not listed on the ballot. A request under this paragraph must be submitted to the secretary of state no later than 63 days before the presidential nomination primary.
Subd. 2.
Candidates on the ballot.
(a) Each party participating in the presidential nomination primary must determine which candidates are to be placed on the presidential nomination primary ballot for that party. The chair of each participating party must submit to the secretary of state the names of the candidates to appear on the ballot for that party no later than 63 days before the presidential nomination primary. Once submitted, changes must not be made to the candidates that will appear on the ballot.
(b) No later than the seventh day before the presidential nomination primary, the chair of each participating party must submit to the secretary of state the names of write-in candidates, if any, to be counted for that party.
History:
2016 c 162 s 11; 2021 c 31 art 3 s 24
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 207A — Presidential Nomination Primary › Section 207A.14 — Notice Of Presidential Nomination Primary; Example Ballots.

207A.14 NOTICE OF PRESIDENTIAL NOMINATION PRIMARY; EXAMPLE BALLOTS.
Subdivision 1.
Notice of primary to counties and municipalities.
Twenty weeks before a presidential nomination primary is to be held, the secretary of state shall provide notice to the county auditor of each county of the date of the presidential nomination primary. Within ten days after notification by the secretary of state, each county auditor shall provide notice of the date of the presidential nomination primary to each municipal clerk in the county.
Subd. 2.
Example ballots.
No later than 70 days before the presidential nomination primary, the secretary of state must supply each county auditor with example ballots to be used at the presidential nomination primary. The example ballots must illustrate the format required for the ballots used in the presidential nomination primary.
Subd. 3.
Notice of primary to public.
At least 15 days before the date of the presidential nomination primary, each municipal clerk shall post a public notice stating the date of the presidential nomination primary, the location of each polling place in the municipality, the hours during which the polling places in the municipality will be open, and information about the requirements of section 207A.12, paragraph (b). The county auditor shall post a similar notice in the auditor's office with information for any polling places in unorganized territory in the county. The governing body of a municipality or county may publish the notice in addition to posting it. Failure to give notice does not invalidate the election.
History:
2016 c 162 s 12; 1Sp2019 c 10 art 4 s 7; 2021 c 31 art 3 s 25
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 208 — Presidential Electors › Section 208.01 — Definitions.

208.01
MS 1957 [Repealed, 1959 c 675 art 13 s 1]
208.01 DEFINITIONS.
The words used in this chapter have the meanings prescribed to them in chapter 200.
History:
1959 c 675 art 9 s 1
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 208 — Presidential Electors › Section 208.02 — Election Of Presidential Electors And Alternates.

208.02
MS 1957 [Repealed, 1959 c 675 art 13 s 1]
208.02 ELECTION OF PRESIDENTIAL ELECTORS AND ALTERNATES.
Presidential electors and alternates shall be chosen at the state general election held in the year preceding the expiration of the term of the president of the United States.
History:
1959 c 675 art 9 s 2; 1981 c 29 art 7 s 38; 2015 c 70 art 2 s 2
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 208 — Presidential Electors › Section 208.03 — Nomination Of Presidential Electors And Alternates.

208.03
MS 1957 [Repealed, 1959 c 675 art 13 s 1]
208.03 NOMINATION OF PRESIDENTIAL ELECTORS AND ALTERNATES.
Presidential electors and alternates for the major political parties of this state shall be nominated by delegate conventions called and held under the supervision of the respective state central committees of the parties of this state. At least 71 days before the general election day the chair of the major political party shall certify to the secretary of state the names of the persons nominated as presidential electors, the names of persons nominated as alternate presidential electors, and the names of the party candidates for president and vice president. The chair shall also certify that the party candidates for president and vice president have no affidavit on file as a candidate for any office in this state at the ensuing general election.
History:
1959 c 675 art 9 s 3; 1979 c 251 s 2; 1981 c 29 art 7 s 38; 1981 c 217 s 1; 1986 c 444; 1986 c 475 s 20; 2005 c 156 art 6 s 57; 2010 c 184 s 41; 2010 c 201 s 77; 2012 c 250 s 2; 2015 c 70 art 2 s 3
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 208 — Presidential Electors › Section 208.04 — Preparation Of Ballots.

208.04
MS 1957 [Repealed, 1959 c 675 art 13 s 1]
208.04 PREPARATION OF BALLOTS.
Subdivision 1.
Form of presidential ballots.
When presidential electors and alternates are to be voted for, a vote cast for the party candidates for president and vice president shall be deemed a vote for that party's electors and alternates as filed with the secretary of state. The secretary of state shall certify the names of all duly nominated presidential and vice presidential candidates to the county auditors of the counties of the state. Each county auditor, subject to the rules of the secretary of state, shall cause the names of the candidates of each major political party and the candidates nominated by petition to be set in type of the same size and style as for candidates on the state general election ballot, before the party designation. To the left of, and on the same line with the names of the candidates for president and vice president, near the margin, shall be placed an oval or similar target shape, in which the voters may indicate their choice.
The form for the presidential ballot and the relative position of the several candidates shall be determined by the rules applicable to other state officers. The state ballot, with the required heading, shall be printed on the same piece of paper and shall be below the presidential ballot with a blank space between one inch in width.
Subd. 2.
Applicable rules.
The rules for preparation, state contribution to the cost of printing, and delivery of presidential ballots are the same as the rules for state general election ballots under section 204D.11, subdivision 1.
History:
1959 c 675 art 9 s 4; 1961 c 606 s 2; 1976 c 224 s 7; 1979 c 251 s 3; 1981 c 29 art 7 s 23,24; 1984 c 560 s 25; 1999 c 132 s 39; 2005 c 156 art 6 s 58; 2013 c 131 art 2 s 72,73; 2017 c 92 art 1 s 26
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 208 — Presidential Electors › Section 208.05 — State Canvassing Board.

208.05
MS 1957 [Repealed, 1959 c 675 art 13 s 1]
208.05 STATE CANVASSING BOARD.
The State Canvassing Board at its meeting on the date provided in section 204C.33 shall open and canvass the returns made to the secretary of state for presidential electors and alternates, prepare a statement of the number of votes cast for the persons receiving votes for these offices, and declare the person or persons receiving the highest number of votes for each office duly elected, except that if the Agreement Among the States to Elect the President by National Popular Vote governs the appointment of presidential electors, the State Canvassing Board shall declare duly elected the candidates for presidential electors and alternates identified in accordance with the provisions of that agreement. When it appears that more than the number of persons to be elected as presidential electors or alternates have the highest and an equal number of votes, the secretary of state, in the presence of the board shall decide by lot which of the persons shall be declared elected, except that if the Agreement Among the States to Elect the President by National Popular Vote governs the appointment of presidential electors, no such drawing of lots shall be conducted. The governor shall transmit to each person declared elected a certificate of election, signed by the governor, sealed with the state seal, and countersigned by the secretary of state.
History:
1959 c 675 art 9 s 5; 1961 c 606 s 3; 1979 c 251 s 4; 1981 c 29 art 7 s 38; 1981 c 217 s 2; 2005 c 156 art 6 s 59; 2010 c 194 s 26; 2023 c 62 art 4 s 123
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 208 — Presidential Electors › Section 208.052 — Conflict Of Laws.

208.052 CONFLICT OF LAWS.
When the Agreement Among the States to Elect the President by National Popular Vote governs the appointment of presidential electors, the provisions of that agreement shall take precedence over any conflicting law of this state.
History:
2023 c 62 art 4 s 125
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 208 — Presidential Electors › Section 208.06 — Electors And Alternates To Meet At State Capitol.

208.06
MS 1957 [Repealed, 1959 c 675 art 13 s 1]
208.06 ELECTORS AND ALTERNATES TO MEET AT STATE CAPITOL.
The presidential electors and alternate presidential electors, before 12:00 M. on the day before that fixed by Congress for the electors to vote for president and vice president of the United States, shall notify the governor that they are at the State Capitol and ready at the proper time to fulfill their duties as electors. The governor shall deliver to the electors present a certificate of the names of all the electors. The electors shall meet at 12:00 p.m. in the executive chamber of the State Capitol and shall perform all the duties imposed upon them as electors by the Constitution and laws of the United States and this state in the manner provided in section 208.46.
History:
1959 c 675 art 9 s 6; 1979 c 251 s 5; 2005 c 156 art 6 s 60; 2015 c 70 art 2 s 4
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 208 — Presidential Electors › Section 208.41 — Definitions.

208.41 DEFINITIONS.
(a) The definitions in this section apply to sections 208.40 to 208.48.
(b) "Cast" means accepted by the secretary of state in accordance with section 208.46, paragraph (b).
(c) "Elector" means an individual selected as a presidential elector under this chapter.
(d) "President" means the president of the United States.
(e) "Unaffiliated presidential candidate" means a candidate for president who qualifies for the general election ballot in this state by means other than nomination by a political party.
(f) "Vice president" means the vice president of the United States.
History:
2015 c 70 art 2 s 6
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 208 — Presidential Electors › Section 208.42 — Designation Of State's Electors.

208.42 DESIGNATION OF STATE'S ELECTORS.
For each elector position in this state, a political party contesting the position, or an unaffiliated presidential candidate, shall submit to the secretary of state the names of two qualified individuals. One of the individuals must be designated "elector nominee" and the other "alternate elector nominee."
Except as otherwise provided in sections 208.44 to 208.47, this state's electors are the winning elector nominees under the laws of this state.
History:
2015 c 70 art 2 s 7
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 208 — Presidential Electors › Section 208.43 — Pledge.

208.43 PLEDGE.
Each elector nominee and alternate elector nominee of a political party shall execute the following pledge: "If selected for the position of elector, I agree to serve and to mark my ballots for president and vice president for the nominees for those offices of the party that nominated me." Each elector nominee and alternate elector nominee of an unaffiliated presidential candidate shall execute the following pledge: "If selected for the position of elector as a nominee of an unaffiliated presidential candidate, I agree to serve and to mark my ballots for that candidate and for that candidate's vice-presidential running mate." The executed pledges must accompany the submission of the corresponding names to the secretary of state.
History:
2015 c 70 art 2 s 8
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 208 — Presidential Electors › Section 208.44 — Certification Of Electors.

208.44 CERTIFICATION OF ELECTORS.
In submitting this state's certificate of ascertainment as required by United States Code, title 3, section 6, the governor shall certify this state's electors and state in the certificate that:
(1) the electors will serve as electors unless a vacancy occurs in the office of elector before the end of the meeting at which elector votes are cast, in which case a substitute elector will fill the vacancy; and
(2) if a substitute elector is appointed to fill a vacancy, the governor will submit an amended certificate of ascertainment stating the names on the final list of this state's electors.
History:
2015 c 70 art 2 s 9
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 208 — Presidential Electors › Section 208.45 — Presiding Officer; Elector Vacancy.

208.45 PRESIDING OFFICER; ELECTOR VACANCY.
(a) The secretary of state shall preside at the meeting of electors described in section 208.06.
(b) The position of an elector not present to vote is vacant. The secretary of state shall appoint an individual as a substitute elector to fill a vacancy as follows:
(1) if the alternate elector is present to vote, by appointing the alternate elector for the vacant position;
(2) if the alternate elector for the vacant position is not present to vote, by appointing an elector chosen by lot from among the alternate electors present to vote who were nominated by the same political party or unaffiliated presidential candidate;
(3) if the number of alternate electors present to vote is insufficient to fill any vacant position pursuant to clauses (1) and (2), by appointing any immediately available individual who is qualified to serve as an elector and chosen through nomination by a plurality vote of the remaining electors, including nomination and vote by a single elector if only one remains;
(4) if there is a tie between at least two nominees for substitute elector in a vote conducted under clause (3), by appointing an elector chosen by lot from among those nominees; or
(5) if all elector positions are vacant and cannot be filled pursuant to clauses (1) to (4), by appointing a single presidential elector, with remaining vacant positions to be filled under clause (3) and, if necessary, clause (4).
(c) To qualify as a substitute elector under paragraph (b), an individual who has not executed the pledge required under section 208.43 shall execute the following pledge: "I agree to serve and to mark my ballots for president and vice president consistent with the pledge of the individual to whose elector position I have succeeded."
History:
2015 c 70 art 2 s 10
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 208 — Presidential Electors › Section 208.46 — Elector Voting.

208.46 ELECTOR VOTING.
(a) At the time designated for elector voting in section 208.06, and after all vacant positions have been filled under section 208.45, the secretary of state shall provide each elector with a presidential and a vice-presidential ballot. The elector shall mark the elector's presidential and vice-presidential ballots with the elector's votes for the offices of president and vice president, respectively, along with the elector's signature and the elector's legibly printed name.
(b) Except as otherwise provided by law of this state other than this chapter, each elector shall present both completed ballots to the secretary of state, who shall examine the ballots and accept as cast all ballots of electors whose votes are consistent with their pledges executed under section 208.43 or 208.45, paragraph (c). Except as otherwise provided by law of this state other than this chapter, the secretary of state may not accept and may not count either an elector's presidential or vice-presidential ballot if the elector has not marked both ballots or has marked a ballot in violation of the elector's pledge.
(c) An elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector's pledge executed under section 208.43 or 208.45, paragraph (c), vacates the office of elector, creating a vacant position to be filled under section 208.45.
(d) The secretary of state shall distribute ballots to and collect ballots from a substitute elector and repeat the process under this section of examining ballots, declaring and filling vacant positions as required, and recording appropriately completed ballots from the substituted electors, until all of this state's electoral votes have been cast and recorded.
History:
2015 c 70 art 2 s 11
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 208 — Presidential Electors › Section 208.47 — Elector Replacement; Associated Certificates.

208.47 ELECTOR REPLACEMENT; ASSOCIATED CERTIFICATES.
(a) After the vote of this state's electors is completed, if the final list of electors differs from any list that the governor previously included on a certificate of ascertainment prepared and transmitted under United States Code, title 3, section 6, the secretary of state immediately shall prepare an amended certificate of ascertainment and transmit it to the governor for the governor's signature.
(b) The governor immediately shall deliver the signed amended certificate of ascertainment to the secretary of state and a signed duplicate original of the amended certificate of ascertainment to all individuals entitled to receive this state's certificate of ascertainment, indicating that the amended certificate of ascertainment is to be substituted for the certificate of ascertainment previously submitted.
(c) The secretary of state shall prepare a certificate of vote. The electors on the final list shall sign the certificate. The secretary of state shall process and transmit the signed certificate with the amended certificate of ascertainment under United States Code, title 3, sections 9, 10, and 11.
History:
2015 c 70 art 2 s 12
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 208 — Presidential Electors › Section 208.48 — Uniformity Of Application And Construction.

208.48 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
In applying and construing sections 208.40 to 208.48, consideration must be given to the need to promote uniformity of the law with respect to their subject matter among states that enact the Uniform Faithful Presidential Electors Act or similar law.
History:
2015 c 70 art 2 s 13
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 209 — Election Contests › Section 209.01 — Definitions.

209.01
MS 1957 [Repealed, 1959 c 675 art 13 s 1]
209.01 DEFINITIONS.
Subdivision 1.
In general.
The definitions in chapter 200 apply to this chapter.
Subd. 2.
Statewide office.
For purposes of this chapter, "statewide office" means the office of governor, lieutenant governor, attorney general, state auditor, secretary of state, chief justice or associate justice of the supreme court, judge of the court of appeals, United States senator, or presidential elector or alternate.
History:
1959 c 675 art 10 s 1; 1986 c 408 s 1; 2003 c 112 art 2 s 50; 2015 c 70 art 2 s 14
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 209 — Election Contests › Section 209.02 — Contestant; Grounds.

209.02
MS 1957 [Repealed, 1959 c 675 art 13 s 1]
209.02 CONTESTANT; GROUNDS.
Subdivision 1.
General.
Any eligible voter, including a candidate, may contest in the manner provided in this chapter: (1) the nomination or election of any person for whom the voter had the right to vote if that person is declared nominated or elected to the senate or the house of representatives of the United States, or to a statewide, county, legislative, municipal, school, or district court office; or (2) the declared result of a constitutional amendment or other question voted upon at an election. The contest may be brought over an irregularity in the conduct of an election or canvass of votes, over the question of who received the largest number of votes legally cast, over the number of votes legally cast in favor of or against a question, or on the grounds of deliberate, serious, and material violations of the Minnesota Election Law.
Subd. 2.
[Repealed, 1986 c 408 s 13]
Subd. 3.
[Repealed, 1986 c 408 s 13]
Subd. 4.
[Repealed, 1986 c 408 s 13]
Subd. 4a.
[Repealed, 1986 c 408 s 13]
Subd. 5.
[Repealed, 1986 c 408 s 13]
Subd. 6.
[Repealed, 1986 c 408 s 13]
Subd. 7.
[Repealed, 1986 c 408 s 13]
Subd. 8.
[Repealed, 1986 c 408 s 13]
History:
1959 c 675 art 10 s 2; 1961 c 607 s 1; 1963 c 682 s 1; 1965 c 81 s 4-6; 1971 c 733 s 3,4; 1974 c 312 s 1; 1978 c 674 s 60; 1981 c 29 art 7 s 38; 1983 c 303 s 23; 1986 c 408 s 2; 1987 c 266 art 1 s 64; 1990 c 453 s 18
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 209 — Election Contests › Section 209.03 — Contestee's Answer.

209.03
MS 1957 [Repealed, 1959 c 675 art 13 s 1]
209.03 CONTESTEE'S ANSWER.
Subdivision 1.
Contest of vote count.
If a notice of contest questions only which of the parties to the contest received the highest number of votes legally cast at the election or the number of votes legally cast in favor of or against a question, the contestee need not file an answer, unless the contestee desires to raise issues not specified in the notice of contest.
Subd. 2.
Other contests.
For all other election contests the contestee's answer to the notice of contest must be filed and served on the contestant. The answer must so far as practicable conform to the rules for pleading in civil actions. If the contest relates to a primary or special primary, service of the answer must be made within the time fixed by the court, but no more than five days after service of the notice of contest. If the contest relates to a general or special election, service of the answer must be made within seven days after service of the notice of contest. The contestee's answer must be served in the same manner as the answer in a civil action or in the manner the court may order. Any other notices must be served in the manner and within the times the court may order.
History:
1961 c 607 s 2; 1965 c 81 s 7; 1971 c 733 s 5; 1981 c 29 art 7 s 38; 1986 c 408 s 4; 1990 c 453 s 20
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 209 — Election Contests › Section 209.045 — Venue For Statewide Contests.

209.045 VENUE FOR STATEWIDE CONTESTS.
If a notice of contest is filed in the District Court of Ramsey County regarding a statewide office or constitutional amendment or other question voted on statewide, the court administrator of district court, within three days of receipt of the notice of contest, shall submit one copy of it and of the answer, if any, to the chief justice of the supreme court by certified mail. The case must be heard and determined in Ramsey County by three judges assigned by the chief justice of the supreme court. If there is a division of opinion, the majority opinion prevails.
History:
1986 c 408 s 5; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 209 — Election Contests › Section 209.05 — Guarding The Ballots.

209.05
MS 1957 [Repealed, 1959 c 675 art 13 s 1]
209.05 GUARDING THE BALLOTS.
In any election, upon demand made of the custodian of the ballots and upon notice to the candidate's opponent, a candidate may keep a continuous visual guard over the ballots until the expiration of the time for instituting contests. In case of a contest, the contestant or contestee may keep a visual guard over the ballots. The guard may be maintained either by the candidate, contestant, or contestee, or by their duly authorized agents, not exceeding two at a time for each party to the contest. If a candidate, contestant, or contestee seeks to guard the ballots, the custodian of the ballots shall appoint some suitable person to guard the ballots so they are not in the sole custody of the candidate, contestant, contestee, or their agents.
History:
1959 c 675 art 10 s 3; 1961 c 607 s 4; 1986 c 408 s 6