Minn. R. (Secretary of State) | Minnesota Rules — Secretary of State

Chapter 3650 INTERNATIONAL STUDENT EXCHANGE

Minn. R. 3650.0010 Definitions

Subpart 1. Scope.

As used in parts 3650.0010 to 3650.0040, the following terms have the meanings given them.

Subp. 2. CSIET.

"CSIET" means the Council on Standards for International Educational Travel.

Subp. 3. CSIET approval for listing letter.

"CSIET approval for listing letter" means the letter from CSIET showing that the international student exchange visitor placement organization meets the standards set by CSIET and has been accepted for the current listing.

Subp. 4. CSIET standards.

"CSIET standards" means standards published by CSIET and used by CSIET to evaluate the operations of international student exchange visitor placement organizations.

Subp. 5. Host family.

"Host family" means the family residing in Minnesota that the international student exchange visitor lives with during the student's period of academic study.

Subp. 6. Immediate family.

"Immediate family" means the parents or legal guardians of an international student exchange visitor.

Subp. 7. International student exchange visitor or student.

"International student exchange visitor" or "student" means a foreign national who:

A. is up to 21 years of age;

B. is accepted for a course of study for at least 30 days at a school;

C. has been selected to participate in an exchange visitor program by an international student exchange visitor placement organization; and

D. enters Minnesota on a nonimmigrant visa.

Subp. 8. International student exchange visitor placement organization.

"International student exchange visitor placement organization" means an organization which arranges for the placement of international student exchange visitors in Minnesota.

Subp. 9. Nonimmigrant visa.

"Nonimmigrant visa" means a visa category assigned by the United States government and used by nonresident aliens whose primary purpose for visiting the United States is to study at a school approved by the United States Citizenship and Immigration Services.

Subp. 10. Organization.

"Organization" means an international student exchange visitor placement organization.

Subp. 11. Responsible officer.

"Responsible officer" means the officer or employee of the international student exchange visitor placement organization located in the United States who has primary authority for supervising placements in Minnesota.

Subp. 12. Responsible officer address.

"Responsible officer address" means the description of the physical location of the responsible officer in the United States. This description must be a street address, rural route and rural route box or fire number, or directions how to reach the location from a landmark. The address must include a city, state, and zip code. The address must not be a post office box.

Subp. 13. School.

"School" means a public or private elementary or secondary institution of learning in Minnesota.

Subp. 14. Secretary.

"Secretary" means the secretary of state or an authorized employee of the secretary.

Subp. 15. USIA.

"USIA" means the United States Information Agency.

Subp. 16. USIA designation letter.

"USIA designation letter" means the letter from the USIA to an international student exchange visitor placement organization showing acceptance into USIA's Exchange Visitor Program.

Subp. 17. USIA regulations.

"USIA regulations" means rules and regulations promulgated by the USIA for the Exchange Visitor Program which governs international student visitor placement organizations.

History

Statutory Authority: MS s 5A.04; 14.06
History: 18 SR 1520; L 2007 c 13 art 1 s 25

Minn. R. 3650.0020 Registration Standards

Subpart 1. Selection of student.

The organization must be responsible for the selection of suitable students for participation in its international student exchange visitor program. Selection must be limited to students who have a command of the English language that enables them to participate in an English-speaking academic and community environment. Students shall also be screened for demonstrated maturity, good character, and ability to receive maximum benefit from the program experience.

Subp. 2. Orientation of students and host families.

The organization must provide:

A. each student and the immediate family of each student with orientation before departure from the student's home to acquaint the student with information about Minnesota and the United States. Detailed information about the school and academic program in which the student will be participating and the host family must also be provided;

B. each student with orientation upon arrival in Minnesota regarding customs and the educational experience; and

C. each host family with orientation in advance of the student's arrival. Information to be provided includes: information on the student, the student's immediate family, school, and native land and information about the academic program in which the student will be enrolled. Each organization must maintain records proving proper notification of the student, immediate family, and host family of the orientation sessions.

Subp. 3. Insurance.

A. Each organization must ensure that each student participating in the exchange program has health and accident insurance from the time of departure from home to the time the student returns home. Coverage may be provided by the student or the organization. Minimum acceptable insurance is:

B. The organization must provide each student and the student's immediate family and the host family with detailed printed information regarding the terms and limits of insurance coverage and procedures for filing a claim. Forms for filing claims shall be included whenever possible.

C. The organization must maintain in its files proof of health and accident insurance coverage for each student.

Subp. 4. Acceptance of students.

No student shall be brought into Minnesota by an organization unless the student has been accepted in writing as a student for at least 30 days by a legally authorized person at the admitting school. The organization must maintain copies of documents authorizing enrollment for each student in its files.

Subp. 5. Selection of host family.

A. The organization is responsible for making all arrangements for the placement of each student with a host family whose home is located in a place convenient to the school in which the student is to be enrolled.

B. The organization must make every effort to ensure the maximum degree of compatibility between the host family and the student.

C. An employee, officer, or volunteer of the organization must visit the home of, and personally interview, each host family before a student is assigned to the family.

D. The organization must ensure that each member of the host family age 18 or older who will reside in the same house as the student signs a document authorizing a felony background check on that person according to Minnesota Statutes, section 299C.62, subdivision 2.

E. A written record must be made of the interview of a visit to the host family by the representative. A copy of the record must be maintained by the organization.

F. Selection of host families and assignment of students must be made as far in advance of the student's arrival as possible, and must be made before the student's departure from the student's home.

G. An organization must not bring a student into the United States without written acceptance from the host family.

H. The host family must be advised in writing of the name, age, educational status, anticipated arrival time, and other background information about the assigned student.

I. At the earliest possible time, the student's immediate family must be advised in writing of the name, address, family composition, and other background information concerning the host family to permit the exchange of correspondence between the respective families in advance of the student's arrival in the United States.

J. Copies of these notifications must be maintained by the organization in its file.

Subp. 6. Host family housing requirements for students.

A. Each organization must place the student with a host family that can provide housing that:

B. The host family's home and household equipment must be maintained in a clean and sanitary condition, free of hazards and in good repair. The home must be accessible to other resources, such as the telephone and ambulance services, in the event of an emergency.

Subp. 7. Change in host family assignment.

If it is in the best interest of the student or host family, the organization may make a change in the host family assignment of the student. Reports of any changes and the reasons for the changes must be maintained by the organization. Notification of any change must be sent within 24 hours to the immediate family, host families, and school of placement.

Subp. 8. Employment of students.

A. Each organization must advise its students that they may not accept or undertake regular employment while enrolled in the program.

B. Students may engage in occasional intermittent jobs such as tutoring, babysitting, or cutting grass.

C. Students may not perform the duties of a household domestic for compensation.

D. Students may be asked to assist in normal daily chores in the host family household that other members of the family perform.

Subp. 9. Supervision by organization.

The organization must maintain continuous personal contact with each student, the host family, and the school in which the student is enrolled. The organization must initiate action to attempt to resolve any problems that may arise with respect to the student's participation in the student's academic program or with respect to the student's relationship with the student's host family.

Subp. 10. Travel responsibility of organization.

A. Transportation must be provided both to and from the student's home to the student's destination by air or surface modes of commercial transportation.

B. Travel arrangements must be carried out by the purchase of a round trip ticket or tickets to the final destination for each student before entry of each student into Minnesota. These travel arrangements may be made either by the organization or by the student.

C. A copy of the travel itinerary and a copy of the prepaid round trip ticket must be maintained by the organization in its files.

Subp. 11. Information to be provided.

A. An organization must provide each student, the student's immediate family, and the host family with an informational document regarding the organization's services. The organization must also disclose all money paid to the organization that is to be paid to the host family, student, or to be used for special or additional activities during the program period. The timing and method of payment must be specified.

B. Each student and host family must receive a document that states the amount of the fee, if any, to be charged to the student.

Subp. 12. Agency record requirements.

A. Each organization must keep records at the responsible officer's address of services rendered to host families and students. The record for each student must include:

B. The records must be maintained for a period of one year from the date on which the student departs from Minnesota. If a complaint is received, the records must be open for inspection by the secretary of state or designee on request.

History

Statutory Authority: MS s 5A.04; 14.06
History: 18 SR 1520

Minn. R. 3650.0030 Registration Elements

Subpart 1. Appointment of responsible officer.

A. Each organization must appoint and continuously maintain a responsible officer in the United States who has primary responsibility for supervising placements in Minnesota.

B. The responsible officer must be an employee or officer of the organization.

C. An individual's signature on an application form as responsible officer indicates acceptance by that person of the duties and responsibilities of the position of responsible officer.

Subp. 2. Change of responsible officer or responsible officer address.

If an organization changes its responsible officer or the address of the responsible officer, it must change its registration by delivering to the secretary of state a statement that includes:

A. the name of the organization;

B. the new responsible officer address, if the address is to be changed; and

C. the name of the new responsible officer and a written statement from the new officer accepting the duties of responsible officer, if the officer is to be changed. The statement must be signed by someone who has authority to sign documents on behalf of the organization and must be filed with the secretary within 30 days of the date of the change.

Subp. 3. Resignation of responsible officer.

If a responsible officer resigns, a statement of resignation must be sent to the organization. The organization shall then use the procedure outlined in subpart 2 to change the information on file with the secretary.

Subp. 4. Duties of responsible officer.

The person who signs the application form as responsible officer must:

A. accept all official communications and inquiries from the secretary on behalf of the organization;

B. maintain copies of documentation as required by part 3650.0020, subpart 12, for each student placed in Minnesota; and

C. furnish all documentation, information, reports, books, files, and other records requested by the secretary on all matters relating to students placed in Minnesota by the organization.

Subp. 5. In-state telephone number.

A. The organization must maintain an in-state telephone number as required by Minnesota Statutes, section 5A.05. To be considered an in-state telephone number, the telephone number must either be registered to an employee, officer, or volunteer of the organization living in Minnesota or must be a toll-free telephone number for the organization which is answered seven days a week, 24 hours a day.

B. The organization must ensure that the person answering the in-state telephone number has:

Subp. 6. Application for registration.

A. An organization meeting the requirements in this chapter and Minnesota Statutes, chapter 5A, must register with the secretary. The registration must be made on a form prescribed by the secretary and filed with the secretary's office. The fee must accompany the filing before the filing will be accepted by the secretary.

B. The organization must supply the following:

C. Registration is effective for a period of one year from the date of filing by the secretary.

D. Any changes in information must be sent to the secretary of state within 30 days of the change.

Subp. 7. Registration renewal.

A. Before the expiration of an organization's current registration period, the organization must renew its registration for a one year term by completing the registration form if the organization wishes to maintain its registration in Minnesota.

B. The secretary must mail a renewal form to the responsible officer at the responsible officer's address 45 days before the expiration of the registration.

C. The failure of an organization to receive a renewal form does not relieve the organization of its obligation to file its renewal documents in a timely fashion.

D. An application for renewal must be filed by the end of the organization's current registration period. The secretary shall not grant an extension to file a registration renewal to an organization. An organization is considered to be registering for the first time if the previous registration expired before a valid renewal was filed.

Subp. 8.

[Repealed, L 1997 c 137 s 19]

History

Statutory Authority: MS s 5A.04; 14.06
History: 18 SR 1520

Minn. R. 3650.0040 Termination and Revocation

Subpart 1. Termination.

The registration of an organization terminates when any of the conditions in items A to C occur.

A. The organization requests that its registration be terminated. The request must be made in writing and is effective when filed by the secretary.

B. If the organization does not renew its registration before the previous registration expires, the registration automatically terminates in which case the organization must apply for a new registration, and pay the initial registration fee established in part 3650.0030, subpart 8, item A.

C. An organization's registration automatically terminates if the organization fails to remain in compliance with local, state, and federal statutes and regulations.

Subp. 2. Responsibilities after termination.

The termination of an organization's registration does not relieve the organization's obligation to all students it has placed in Minnesota. The terminated organization must immediately cancel any student's visit before the student's arrival in Minnesota unless a transfer to another registered program can be obtained. If the student has already arrived in Minnesota, the organization must make arrangements to support the student's experience in a manner consistent with the requirements of this chapter and Minnesota Statutes, chapter 5A.

History

Statutory Authority: MS s 5A.04; 14.06
History: 18 SR 1520

Chapter 8200 VOTER REGISTRATION

Minn. R. 8200.0300 Delegation of Duties

The county auditor may delegate to municipal officials all duties assigned to the county auditor by chapter 8200 and by Minnesota Statutes, chapter 201, except the preparation and distribution of lists of registered voters. The auditor may delegate the responsibility to accept voter registration applications, but a delegation of this responsibility does not relieve the auditor of the duty to accept voter registration applications.

History

Statutory Authority: MS s 14.388; 201.022; 201.221; 204B.25
History: 12 SR 2215; 25 SR 616; 29 SR 155

Minn. R. 8200.0400 [Repealed, 20 SR 2787]

[Repealed, 20 SR 2787]

Minn. R. 8200.0700 [Repealed, 20 SR 2787]

[Repealed, 20 SR 2787]

Minn. R. 8200.0800 [Repealed, 40 SR 1553]

[Repealed, 40 SR 1553]

Minn. R. 8200.1100 Printing Specifications

Subpart 1. Applications returned by mail.

Voter registration applications printed for the purpose of distribution and mailing may be printed pursuant to items A to D.

A. The size must be 8-1/2 inches by 11 inches, including a 9/16-inch stub.

B. The paper must be at least 80-pound white offset.

C. The secretary of state may approve alternate forms of voter registration applications to be attached to or included in tax booklets and forms used by state agencies, and other forms deemed appropriate by the secretary of state if the forms have spaces for the information required in Minnesota Statutes, section 201.071. The secretary of state may approve the county use of an application with dimensions other than those prescribed in item A.

D. The stub must have an adhesive applied to it so that the application can be sealed when it is folded together for mailing.

Subp. 2. Other applications.

Paper voter registration applications for use at county auditor offices or at polling places on election day must be printed pursuant to items A to D.

A. The size must be 8-1/2 by 11 inches.

B. The paper must be white offset.

C. The secretary of state may approve the county use of an application with dimensions other than those prescribed in item A.

D. The voucher oath prescribed by part 8200.9939 may be printed on the reverse side of the voter registration application produced under this subpart.

History

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.071; 201.221; 203B.09
History: 8 SR 1348; 12 SR 2215; 20 SR 2787; 25 SR 616; 29 SR 155; 31 SR 350; 32 SR 2055; 40 SR 1553; 43 SR 437

Minn. R. 8200.1200 Registration Application; Format

Subpart 1. Form.

Any voter registration application must:

A. meet the requirements of Minnesota Statutes, section 201.071;

B. be consistent in layout with the data entry screens used by the statewide voter registration system;

C. take into consideration readability and ease of understanding;

D. if produced under part 8200.1100, subpart 1, provide room for including a mailing address for returning the completed registration;

E. include on or with the application a set of instructions for the application;

F. include on or with the application a statement that assistance for registration and voting is available for elderly and disabled persons and residents of health care facilities;

G. include on the application a reference to where a privacy information statement may be found, if produced under part 8200.1100, subpart 1; and

H. include on or with the application a privacy information statement, if produced under part 8200.1100, subpart 2.

Subp. 1a.

[Repealed, 31 SR 350]

Subp. 1b. Design specifications.

The secretary of state shall provide examples of the voter registration application to all county auditors.

Subp. 2. Box for office use only.

Paper voter registration applications must contain a box marked for "election judge official use only" which contains "W __", "P __", and "SD." These abbreviations stand for "ward," "precinct," and "school district." Other information may also be included. Judges of election shall record the type of election day voter registration proof and its number, if any, in the "election judge official use only" box.

Subp. 3. Identifying mark.

Paper voter registration applications may include a mark identifying where the applicant obtained the application or how the application was delivered to the county auditor or secretary of state.

History

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.071; 201.221; 203B.09
History: 8 SR 1348; 12 SR 2215; 20 SR 2787; 23 SR 459; 25 SR 616; 29 SR 155; 31 SR 350; 32 SR 2055; 40 SR 1553

Minn. R. 8200.1300 [Repealed, 12 SR 2215]

[Repealed, 12 SR 2215]

Minn. R. 8200.1400 [Repealed, 20 SR 2787]

[Repealed, 20 SR 2787]

Minn. R. 8200.1500 [Repealed, 20 SR 2787]

[Repealed, 20 SR 2787]

Minn. R. 8200.1600 [Repealed, 12 SR 2215]

[Repealed, 12 SR 2215]

Minn. R. 8200.1700 Printing and Distributing Voter Registration Applications

Each county auditor shall have printed and shall maintain an adequate number of voter registration applications in compliance with this chapter and Minnesota Statutes, chapter 201. An election official who causes voter registration applications to be printed shall print the applications in a form prescribed by this chapter and Minnesota Statutes, chapter 201. The auditor shall provide voter registration applications to any person or group who requests a reasonable number of applications for the purpose of distribution.

History

Statutory Authority: MS s 14.388; 201.022; 201.071; 201.221
History: 12 SR 2215; 20 SR 2787; 29 SR 155; 31 SR 350

Minn. R. 8200.1800 Experimental Forms

The secretary of state may provide for the experimental use of alternate forms on a trial basis.

History

Statutory Authority: MS s 201.221
History: 8 SR 1348

Minn. R. 8200.2100 Duties of Auditor

Each county auditor shall designate a number of public buildings within the county where persons may obtain, complete, and deposit registration applications. The county auditor or a designee shall be on duty in the designated building and the person on duty shall transmit completed registration applications to the county auditor within two working days after receipt.

History

Statutory Authority: MS s 14.388; 201.022; 201.221
History: 12 SR 2215; 20 SR 2787; 29 SR 155

Minn. R. 8200.2200 Buildings for Registration

Each political subdivision shall have at least one building where voter registration applications may be obtained and deposited.

History

Statutory Authority: MS s 14.388; 201.022; 201.221
History: 12 SR 2215; 20 SR 2787; 29 SR 155; 38 SR 1368

Minn. R. 8200.2300 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8200.2500 Definition of Accepted or Processed

For purposes of section 303(a)(5)(A)(i) of the Help America Vote Act of 2002, Public Law 107-552, "accepted or processed" means that the determination has been made that the voter registration application is not deficient and the registration status of the voter is "active" or "challenged."

History

Statutory Authority: MS s 14.388
History: 29 SR 155

Minn. R. 8200.2600 Registrations and Name and Address Changes to Registrations

If a county auditor determines that a registration application or a name or address change to registration has been completed, the auditor shall file the application or name or address change to registration and enter the registration or name or address change to registration on the state registration system. The county auditor shall file and maintain each voter registration application in an orderly manner. The county auditor shall have a notice mailed to each newly registered voter and to each voter who changed name or address information indicating the voter's name, address, precinct, and polling place. The notice must require that it be returned if not deliverable as addressed.

History

Statutory Authority: MS s 14.388; 201.022; 201.221
History: 12 SR 2215; 25 SR 616; 29 SR 155

Minn. R. 8200.2700 Auditor's Random Notification

Following each election in which voters register on election day, the county auditor shall send a mailed notice of registration to a random sample of three percent of the election day registrants within ten days of the election. This rule shall not relieve the county auditor of the responsibility to send a mailed notice to all registrants.

History

Statutory Authority: MS s 201.221

Minn. R. 8200.2800 [Repealed, 29 SR 155]

[Repealed, 29 SR 155]

Minn. R. 8200.2900 Deficient Registrations; Notice of Deficient Registrations

When a person attempts to register prior to election day and the county auditor determines that the registration is deficient, the auditor shall notify the person attempting to register that the registration was not correctly completed. The auditor shall attempt to obtain from the applicant any needed information by mail or, if a telephone number or an email address was provided by the applicant, by telephone or email.

If the needed information consists of the applicant's Minnesota driver's license, Minnesota state identification card, or Social Security number, or confirmation that the applicant has not been issued a Minnesota driver's license, Minnesota state identification card, or Social Security number, the auditor shall also attempt to obtain that information through the process provided in part 8200.9310, subpart 2.

If the auditor cannot obtain the needed information, the voter registration application is deficient and shall be maintained separately for 22 months.

A new applicant whose voter registration application is deficient shall not be classified as "active" or "challenged."

If an applicant submits a voter registration application that is deficient, the county auditor shall send a notice of deficient registration to the person seeking to register.

If the auditor notifies an applicant of a deficient voter registration application, the auditor shall also notify the applicant of the dates on which a preelection registration is not permitted by Minnesota Statutes, section 201.061, subdivision 1, and of the procedures for election day registration.

In the notice to the applicant, the auditor shall explain that a registration received by the auditor during the period when preelection registration is not permitted by Minnesota Statutes, section 201.061, subdivision 1, means the applicant will be registered to vote on the day after the upcoming election unless the applicant registers to vote on election day.

If an applicant submits a deficient voter registration application during the period when preelection registration is not permitted by Minnesota Statutes, section 201.061, subdivision 1, the auditor shall notify the applicant that the applicant must register at the polling place of the precinct in which she or he resides on election day to vote at the election.

The secretary of state shall provide a sample notice of deficient registration.

History

Statutory Authority: MS s 14.388; 201.221
History: 17 SR 1279; 23 SR 459; 25 SR 616; 29 SR 155; 38 SR 1368

Minn. R. 8200.2950 Addresses on Voter Registration Applications

A person having a residence with a street address who completes a voter registration application must provide the street address assigned to the person's residence in the residence space on the voter registration application. Only when the United States Postal Service will not deliver mail to the registrant's residence address, the registrant must also enter an alternate mailing address on the voter registration application.

History

Statutory Authority: MS s 14.388; 201.071; 201.221
History: 23 SR 459; 25 SR 616; 29 SR 155

Minn. R. 8200.3000 Registration in Wrong County

A county auditor must accept a voter registration application delivered to the county auditor, even if the voter registration application includes a residential address outside of the county. When a county auditor receives a voter registration application with a residential address in another county, the auditor shall within two working days forward the application to the auditor of the proper county if the county can be ascertained.

History

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 25 SR 616; 29 SR 155; 50 SR 971

Minn. R. 8200.3100 Notice of Incomplete Registration; Completion of Incomplete Registrations

Subpart 1. Conditions requiring.

A. If an applicant submits a voter registration application that is incomplete as defined in Minnesota Statutes, section 201.061, subdivision 1a, the auditor shall send a notice of incomplete registration. The notice sent to the applicant must:

B. If an applicant submits a voter registration application that is incomplete as defined in Minnesota Statutes, section 201.121, subdivision 1, paragraph (f), the auditor shall record in the voter registration system that the registration is incomplete under that section and send the applicant a notice of incomplete registration advising the voter that the voter needs to:

Subp. 2.

[Repealed, 23 SR 459]

History

Statutory Authority: MS s 14.388; 201.061; 201.221
History: 23 SR 403; 23 SR 459; 25 SR 616; 29 SR 155

Minn. R. 8200.3110 Notice of Late Registration

A. If an applicant submits a voter registration application that is not deficient but that is filed during the period when preelection registration is not permitted by Minnesota Statutes, section 201.061, subdivision 1, the auditor shall send a notice of late registration to the person seeking to register. The notice of late registration must require that it be returned if not deliverable and must explain that if the applicant chooses not to register and vote at the upcoming election, the applicant's registration will become effective on the day after the election.

B. The secretary of state shall provide a sample notice of late registration.

History

Statutory Authority: MS s 14.388
History: 29 SR 155

Minn. R. 8200.3200 [Repealed, 20 SR 2787]

[Repealed, 20 SR 2787]

History

Statutory Authority: MS s 14.388; 201.221
History: 29 SR 155; 38 SR 1368

Minn. R. 8200.3300 [Repealed, 20 SR 2787]

[Repealed, 20 SR 2787]

Minn. R. 8200.3400 [Repealed, 20 SR 2787]

[Repealed, 20 SR 2787]

Minn. R. 8200.3500 Acknowledgment of Ineligible Applications

Ineligible applicants shall be notified of the reasons for their ineligibility and their cards maintained separately by the auditor for 22 months.

History

Statutory Authority: MS s 201.221
History: 25 SR 616

Minn. R. 8200.3550 Notice of Challenge Removal

The county auditor shall mail a notice indicating the person's name, address, precinct, and polling place to any registered voter whose right to vote has been restored after the person is no longer incarcerated; who has been removed from under a guardianship of the person under which the person did not retain the right to vote; or who has been restored to capacity by the court after being ineligible to vote. The notice must require that it be returned if not deliverable.

History

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 23 SR 459; 29 SR 155; 50 SR 971

Minn. R. 8200.3600 Change of Residence

A person who has previously registered to vote in Minnesota who changes residence must be permitted to vote only after the person's registration has been updated to the person's new residence address.

History

Statutory Authority: MS s 14.388; 201.221
History: 17 SR 1279; 29 SR 155; 38 SR 1368

Minn. R. 8200.3700 Removal of Applications from Registration Files

If a voter registration application is to be removed from the registration files, except that of a deceased person or that of a voter who has reregistered in another state, the county auditor may notify the person whose application is to be removed of the removal and the reason for the removal in writing. The applications removed must be maintained in separate files for 22 months.

History

Statutory Authority: MS s 14.388; 201.022; 201.221
History: 12 SR 2215; 25 SR 616; 29 SR 155; 31 SR 350

Minn. R. 8200.3800 Emergency Voting

Subpart 1. When required.

If a voter who has registered prior to an election day is challenged because the voter's name does not appear on the polling place roster of the precinct in which the voter desires to vote, the voter may register on that election day by following the election day registration procedures in parts 8200.1100 to 8200.9300 and 8220.0300 to 8220.4800. Or, if it appears upon examination that the voter's name was erroneously omitted from the roster, the voter must be permitted to vote in the precinct after completing the required name and address information and signing the oath on the polling place roster. The judges shall note on the list that the voter was permitted to vote pursuant to instructions from the county auditor and two judges shall initial the entry.

Subp. 2.

[Repealed, 12 SR 2215]

History

Statutory Authority: MS s 201.022; 201.221
History: 12 SR 2215; 20 SR 2787

Minn. R. 8200.3900 Processing of National Voter Registration Act Applications

All county auditors shall accept voter registration applications on forms prescribed by the Federal Election Commission as provided by the National Voter Registration Act if the application is from a person eligible to vote in Minnesota, and includes whether the person is a United States citizen and will be 18 years old on or before election day, the applicant's name, address in Minnesota, previous address (if any), date of birth, current and valid Minnesota driver's license or Minnesota state identification card number, or, if the applicant has no current and valid Minnesota driver's license or Minnesota state identification card, the last four digits of the applicant's Social Security number if the applicant has been issued a Social Security number, the applicant's signature, and the date of registration. The application must be treated by the county auditor in the same manner as a Minnesota voter registration application.

History

Statutory Authority: MS s 14.388; 201.022; 201.221
History: 19 SR 593; 29 SR 155

Minn. R. 8200.4000 Processing of Federal Post Card Application

Any federal post card application received from a member of the armed forces of the United States or from a person currently residing in Minnesota but temporarily living in another country must be processed as a voter registration application and, if the application is properly completed, the information on that application must be entered into the statewide voter registration system.

History

Statutory Authority: MS s 201.061; 201.221; 203B.09
History: 32 SR 2055

Minn. R. 8200.5100 Registration at Precinct Only

Subpart 1. Procedure; proof.

Any person otherwise qualified but not registered to vote in the precinct in which the person resides may register to vote on election day at the polling place of the precinct in which the person resides. To register on election day, a person must complete and sign the registration application and provide proof of residence. A person may prove residence on election day only:

A. by presenting:

B. by having a valid registration in the same precinct;

C. by presenting a notice of late registration mailed by the county auditor or municipal clerk;

D. by having a person who is registered to vote in the precinct and knows the applicant is a resident of the precinct sign the oath in part 8200.9939; or

E. by having an employee employed by and working in a residential facility located in the precinct, who knows that the applicant is a resident of that residential facility, vouch for that facility resident, and sign the oath in part 8200.9939, in the presence of the election judge. "Residential facility" is defined in Minnesota Statutes, section 201.061. To be eligible to sign the oath, the employee must show proof of employment at the residential facility, which may be accomplished by methods including:

Subp. 2. Additional proof of residence allowed.

An eligible voter may prove residence under this subpart by presenting one of the photo identification cards listed in item A and one of the additional proofs of residence listed in item B.

A. The following documents are acceptable photo identification cards under this subpart if they contain the voter's name and photograph:

B. The following documents are acceptable additional proofs of residence under this subpart if the documents show the voter's name and current address in the precinct:

Subp. 3.

[Repealed, 50 SR 971]

Subp. 4.

[Repealed, 38 SR 1368]

Subp. 5. Update.

A registered voter may update the information on record on election day at the polling place of the precinct in which the voter now resides. To do so, the voter must submit a voter registration application meeting all the requirements of Minnesota Statutes, section 201.071, and provide proof of residence as described in subparts 1 or 2. Subparts 1 and 2 and parts 8200.5200 to 8200.5500 apply to any update of a registration under this subpart.

History

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 11 SR 218; 12 SR 2215; 20 SR 2787; 23 SR 403; 23 SR 459; 25 SR 616; 31 SR 350; 32 SR 2055; 38 SR 1368; 40 SR 1553; 50 SR 971

Minn. R. 8200.5200 Swearing to Residence

No person in a polling place as a challenger, pursuant to Minnesota Statutes, section 204C.07, shall be permitted to swear to the residence of any persons attempting to register on election day. A voter registered in the same precinct, including an election judge, may swear to the residence of any person who the voter knows to be a resident of the precinct. An election judge must swear to a person's residence before another election judge.

History

Statutory Authority: MS s 201.221
History: 17 SR 1279

Minn. R. 8200.5300 Election Judge Duties

One judge may both distribute ballots and register voters during the course of an election day, but one judge shall not perform both functions for the same voter. Persons wishing to register to vote on election day may determine whether they wish to fill out the voter registration application themselves or request the assistance of an election judge. The judges shall confine their questions to information necessary to complete the voter registration application.

History

Statutory Authority: MS s 14.388; 201.221
History: 29 SR 155

Minn. R. 8200.5400 Notation of Identification on Registration Application

When a voter uses a driver's license, learner's permit, or identification card, issued by the state of Minnesota or any other state of the United States as defined in Minnesota Statutes, section 645.44, subdivision 11; United States passport; United States military or veteran identification card; tribal identification card; or Minnesota secondary or postsecondary educational institution student identification card to prove residence or identity when registering on election day, the election judge who is registering voters shall record the number, if any, on the voter registration application in the "election judge official use only" area of the application. When a voter uses one of the documents listed in part 8200.5100, subparts 2 and 3 to prove residence for election day registration, the election judge who is registering voters shall record the type of document on the voter registration application in the "election judge official use only" area of the application.

History

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.221; 203B.09
History: 12 SR 2215; 23 SR 403; 23 SR 459; 25 SR 616; 29 SR 155; 32 SR 2055; 38 SR 1368; 40 SR 1553

Minn. R. 8200.5500 Registrations Received on Election Day

Subpart 1. Sufficiency of driver's license, Minnesota state identification card, or four-digit Social Security number information.

Minnesota driver's license, Minnesota state identification card, or Social Security number information provided as part of an election day registration voter registration application pursuant to Minnesota Statutes, section 201.061, subdivision 3, is sufficient as defined in section 303(a)(5)(A)(iii) of the Help America Vote Act of 2002, Public Law 107-252, to permit the applicant to vote at the election or an applicant can register as otherwise provided by Minnesota law.

Subp. 2. Verification; correction; enforcement.

All new voter registration applications and updates of existing voter registrations submitted on election day pursuant to Minnesota Statutes, section 201.061, subdivision 3, must be verified pursuant to part 8200.9310 and Minnesota Statutes, section 201.121.

If, after matching the information in the statewide voter registration system with the information contained in the Department of Public Safety database or, in the case of an applicant who does not have a Minnesota driver's license or Minnesota identification card, in the database of the Social Security Administration, the accuracy of the information on the voter registration application cannot be verified, the county auditor must investigate and attempt to resolve the discrepancy.

The county auditor must send notices to election day registrants whose information cannot be verified and request that the voters contact the registration office.

If the voter does not provide information that resolves the discrepancy so that the voter registration application can be verified, the county auditor must challenge the voter in the statewide voter registration system and may refer the matter to the county attorney. If during the verification process the Department of Public Safety provides information that indicates that the voter is ineligible to vote, the county auditor must challenge the voter's record in the statewide voter registration system and refer the matter to the county attorney.

History

Statutory Authority: MS s 14.388; 201.022; 201.221
History: 25 SR 616; 29 SR 155; 38 SR 1368

Minn. R. 8200.5600 Training Election Judges

Election judges who will be registering voters on election day shall receive training on election day voter registration procedures from the county auditor or designated municipal clerk at the same time training is provided pursuant to Minnesota Statutes, section 204B.25. Note: See chapter 8240.

History

Statutory Authority: MS s 204B.25

Minn. R. 8200.5700 [Repealed, 29 SR 155]

[Repealed, 29 SR 155]

Minn. R. 8200.5710 Report of Deceased Voter

If on election day an individual wishes to report a deceased voter to an election judge, the individual reporting the deceased voter must complete notification of death of the registered voter in accordance with Minnesota Statutes, section 201.13. The notification of death must be in substantially the following form:

In accordance with Minnesota Statutes, section 201.13, I am a registered voter and I have personal knowledge that __________________________ is deceased.

History

Statutory Authority: MS s 201.221
History: 38 SR 1368

Minn. R. 8200.5800 Posters

The county auditor shall supply each polling place with posters furnished to the county by the secretary of state. The election judges shall post the posters in an appropriate location in the polling place prior to opening the polls.

History

Statutory Authority: MS s 201.221

Minn. R. 8200.6100 Copies of Public Information Lists

Persons requesting copies of public information lists shall provide the secretary of state or county auditor with a written request stating the information required by Minnesota Statutes, section 201.091, subdivision 4. The secretary of state may provide forms for these requests.

History

Statutory Authority: MS s 201.022; 201.221
History: 20 SR 2787

Minn. R. 8200.6200 Public Information List Available for Inspection

The public information list must be available for public inspection for authorized purposes at all times in the county auditor's office. The secretary of state may make available for purchase public information lists in electronic or other media.

History

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.221; 203B.09
History: 20 SR 2787; 29 SR 155; 32 SR 2055

Minn. R. 8200.6300 [Repealed, 25 SR 616]

[Repealed, 25 SR 616]

Minn. R. 8200.6400 Form of Public Information List Provided by Secretary of State

The public information list provided by the secretary of state must contain the information required by Minnesota Statutes, section 201.091, subdivision 4, and must not contain the information in Minnesota Statutes, section 201.091, subdivision 9. The public information list may also include the precinct, ward, congressional district, legislative district, county commissioner district, judicial district, school district, or other identifiers for each election district in which the voter resides. The public information list may be requested in electronic or other media.

History

Statutory Authority: MS s 14.388; 201.091; 201.221
History: 15 SR 2308; 25 SR 616; 29 SR 155

Minn. R. 8200.7100 Challenges to Voter Registration

Persons wishing to challenge a voter's registration pursuant to Minnesota Statutes, section 201.195 may do so in the form in part 8200.9950.

The petition shall be accompanied by an affidavit of the challenger stating the basis for the challenge on personal knowledge.

History

Statutory Authority: MS s 201.221

Minn. R. 8200.7200 County Attorney Report

Subpart 1. Report.

By October 1, county attorneys shall report the outcome of any charging decision based on an investigation of alleged violations of voter registration or voting laws from the previous calendar year to the secretary of state. The report must contain a brief description of the allegation and the outcome of the charging decision. If the county has not completed all investigations of alleged violations of voter registration or voting laws by October 1, the county attorney must provide a summary of any pending investigations of alleged violations of voter registration or voting laws that have not reached a charging decision.

Subp. 2. Data classification.

Pursuant to Minnesota Statutes, section 13.03, subdivision 4, the data provided to the secretary of state by a county attorney maintains the same data classification as the data maintained at the entity providing the data.

History

Statutory Authority: MS s 201.221
History: 43 SR 437

For polling places using electronic rosters, the same certification must be included as part of the voter signature certificate pursuant to Minnesota Statutes, section 201.225, subdivision 2, clause (9).

One or more pages in a printed polling place roster must be provided for use by voters who register to vote in the polling place on election day. An election day registrant shall fill in the registrant's name, address, and date of birth and shall sign the roster on the line provided.

The polling place roster must also contain the name of the precinct and, for paper rosters, must include a page number. In addition, each line provided for a voter's signature must be consecutively numbered on each page.

The roster may also include additional material as permitted under Minnesota Statutes, section 201.221, subdivision 3.

Subp. 2.

[Repealed, 25 SR 616]

Subp. 3. Production of rosters.

The Secretary of State shall identify and develop methods of producing polling place rosters. The Secretary of State shall provide polling place rosters for each election in the state. The rosters provided by the secretary of state must be forwarded to the county auditors in an electronic format specified by the secretary of state. Alternatively, the list provided to the county auditors may be provided in another medium, if a written agreement specifying the medium is signed by the secretary of state and the county auditor at least 90 days before the November general election. A written agreement is effective for all elections until rescinded by either party.

History

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 15 SR 2308; 19 SR 593; 25 SR 616; 29 SR 155; 31 SR 350; 32 SR 2055; 40 SR 1553; 50 SR 971

Minn. R. 8200.9120 Inspection of Polling Place Rosters

An individual who asks to inspect a polling place roster used on election day must provide the county auditor with identification and a written request stating the information required by Minnesota Statutes, section 201.091, subdivision 4. Before fulfilling the request for inspection, the auditor must conceal the month and day of birth of each person on the roster.

History

Statutory Authority: MS s 201.091; 201.221
History: 25 SR 616

Minn. R. 8200.9200 [Repealed, 20 SR 2787]

[Repealed, 20 SR 2787]

Minn. R. 8200.9300 Maintaining Certain Voter Registration Records; Security

Subpart 1.

[Repealed, 20 SR 2787]

Subp. 2.

[Repealed, 20 SR 2787]

Subp. 3.

[Repealed, 20 SR 2787]

Subp. 4.

[Repealed, 20 SR 2787]

Subp. 5.

[Repealed, 20 SR 2787]

Subp. 6.

[Repealed, 20 SR 2787]

Subp. 7. Challenges and other notices.

A record of any challenge to a voter registration shall be made part of the registration file and shall remain until removed according to law. The word "challenged" shall appear on the same line as or directly above the name of a challenged voter on the polling place roster. A record of any notice affixed to a voter registration application pursuant to Minnesota Statutes, section 201.145, subdivision 2, shall remain part of the file until removed according to law. The word "guardianship" shall appear on the same line as or directly above the name of the voter on the polling place roster. If any other special notice or information is affixed to a voter registration application, an indication of the notice shall be printed on the polling place roster.

Subp. 8. Absentee voting.

When an absentee return envelope is marked "Accepted" pursuant to Minnesota Statutes, section 203B.121, subdivision 2, the roster shall be marked pursuant to Minnesota Statutes, section 203B.121, subdivision 3.

Subp. 9. Security.

The auditor or clerk is responsible for maintaining the integrity of the polling place roster and for restricting access to the statewide registration system to properly authorized persons. The auditor or clerk shall provide for the transport and security of the polling place roster.

Subp. 10. Voter's receipt.

With regard to ballots cast at polling places on election day, the election judges shall determine the number of ballots to be counted by comparing the number of ballots with the number of voter's receipts issued pursuant to Minnesota Statutes, section 204C.10, or the number of names signed on the polling place roster. The election jurisdiction may require that the election judges number or initial each voter's receipt as it is issued.

Subp. 11.

[Repealed, 38 SR 1368]

History

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 8 SR 1348; 20 SR 2787; 29 SR 155; 38 SR 1368; 50 SR 971

Minn. R. 8200.9305 Administration of Statewide Registration System

The secretary of state shall develop and operate a centralized database of all registered voters in the state of Minnesota. The database must be available to each county in the state through a statewide registration system provided by the secretary of state. The registration system must allow the secretary of state and the county auditors to add or modify information from the system in order to maintain an accurate database of registrants. The system must provide all county auditors and the secretary of state and, within a reasonable time after the system is initially implemented, municipal and school district clerks, with a method to view and search registration information.

A county auditor must use the statewide registration system to execute the duties of chief registrar of voters and chief custodian of registration records in the auditor's county.

History

Statutory Authority: MS s 14.388; 201.022; 201.221
History: 19 SR 593; 29 SR 155

Minn. R. 8200.9310 Treatment of Voter Registration Applications

Subpart 1. Transmission of voter registration applications.

A completed voter registration application may be submitted to any state agency or county auditor. The secretary of state shall provide training to state agencies on the proper forwarding of voter registration applications. Voter registration applications submitted to the secretary of state must be forwarded to the appropriate county auditor for entry into the statewide registration system. With the approval of the appropriate county auditor, the secretary of state shall enter the registration applications into the statewide registration system for that county.

The secretary of state may electronically transmit the information on the voter registration applications to the appropriate county auditor. The county auditor shall promptly enter the information into the statewide registration system. The original applications submitted to the secretary of state must be maintained either by the secretary of state or by the appropriate county auditor. Voter registration applications must be stored in either paper, microfilm, or electronic format.

The secretary of state shall have full access to all functions of the statewide registration system.

Subp. 2. Verification; defined; notification.

A. Verification means:

B. The secretary of state must attempt to verify information entered into the voter registration system as a result of new voter registration applications by comparing the information stored by the voter registration system with information contained in the database maintained by the Department of Public Safety. The secretary of state must provide reports on attempted verifications that show the information of record in each database and that list:

C. The county auditor must review the reports provided by the secretary of state of records that have not been verified with certainty within ten days after the reports become available in the statewide voter registration system. The auditor must attempt to match the information on the voter registration application with the information in the database maintained by the Department of Public Safety or, in the case of an applicant who does not have a Minnesota driver's license or Minnesota identification card, in the database of the Social Security Administration, to permit the auditor to verify the information supplied on the voter registration application. The auditor shall attempt to obtain from the applicant any needed information by mail or, if a telephone number or an email address was provided by the applicant, by telephone or email. The auditor must record on the voter record in the statewide voter registration system each registration verified in this manner. If the auditor cannot verify information for a registration, the auditor must record that the information supplied on the voter registration application could not be verified and is incomplete pursuant to Minnesota Statutes, section 201.121, subdivision 1.

Subp. 3. Correction.

If a Minnesota driver's license number or Minnesota state identification card number supplied by the applicant cannot be verified because it does not exist in the Department of Public Safety database, the secretary of state or the county auditor shall correct the voter record to indicate that the number must not be used as the verification number on the voter record. In the case of an applicant who does not have a Minnesota driver's license number, Minnesota identification card number, or Social Security number that can be verified by comparison with the Department of Public Safety database, or in the database of the Social Security Administration, if the applicant has no Minnesota driver's license or Minnesota identification card, the unique voter record number generated by the statewide voter registration system must be used as the verification number for the record.

Subp. 4.

[Repealed, 31 SR 350]

Subp. 5. Updates.

A. A voter with an active voter registration may update the information on record by submitting a voter registration application meeting all the requirements of Minnesota Statutes, section 201.071, subdivision 1. Parts 8200.2600 to 8200.4000 shall apply to the processing of any update submitted through this subpart.

B. If, after matching the updated information with the information contained in the Department of Public Safety database or, in the case of an applicant who does not have a Minnesota driver's license or Minnesota identification card, in the database of the Social Security Administration, the accuracy of the updated information cannot be verified, the county auditor must send a notice to the voter whose information cannot be verified and request that the voter provide the information or contact the registration office. If the discrepancy cannot be resolved, the county auditor must challenge the voter in the statewide voter registration system and may refer the matter to the county attorney. If during the verification process the Department of Public Safety provides information that indicates that the voter is ineligible to vote, the county auditor must challenge the voter in the statewide voter registration system and refer the matter to the county attorney.

History

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 19 SR 593; 29 SR 155; 31 SR 350; 50 SR 971

Minn. R. 8200.9315 Procedure for Entering Data Into Statewide Voter Registration System

When entering information from a voter registration application into the statewide registration system, the secretary of state or county auditor shall:

A. conduct a statewide search of the registration database to determine if the applicant has previously registered in Minnesota;

B. assign the applicant to the proper voting precinct for the address provided on the application;

C. determine all election districts in which the applicant will be eligible to vote;

D. assign the registration record a unique identification number, and date the record as to when the registration was entered into the registration database;

E. maintain a record of voting history of the registrant for at least the previous six calendar years and a record of previous registrations and changes to voter status in the state for at least two years; and

F. provide information on prior registrations in other states. At periodic intervals, the secretary of state shall notify the chief election officials of other states of persons who have registered to vote in Minnesota and who indicated a prior registration in their state. The secretary of state shall establish a precinct finder that must be maintained by each county auditor. The precinct finder must identify the voting precinct that will be assigned to the applicant. For the purposes of redistricting, the secretary of state shall include geographical data from the United States Census Bureau in the precinct finder.

History

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.221; 203B.09
History: 19 SR 593; 29 SR 155; 32 SR 2055

Minn. R. 8200.9320 [Repealed, 50 SR 971]

[Repealed, 50 SR 971]

Minn. R. 8200.9325 Security for Statewide Registration System

All authorized users of the statewide registration system must be identified uniquely in the manner provided by the Secretary of State. No access to the statewide registration system will be allowed to any person not identified as an authorized user of the system.

To ensure that information obtained from the statewide registration system is being used in the manner provided by law, the Secretary of State shall insert verification records into the statewide registration system. The verification records must not be included on any master list or polling place roster. If the Secretary of State has reason to believe that information obtained from the statewide registration system was used in a manner inconsistent with Minnesota Statutes, section 201.091, a report must be immediately transmitted to the appropriate county attorney.

History

Statutory Authority: MS s 201.022; 201.221
History: 19 SR 593

The above oath shall be attached to the voter registration card and retained for at least 22 months.

History

Statutory Authority: MS s 201.022; 201.061; 201.221; 203B.09
History: 20 SR 2787; 32 SR 2055; 40 SR 1553; 43 SR 437

Minn. R. 8200.9940 Precinct List of Persons Vouching for Voter Residence on Election Day and Number of Persons Vouched for

Subpart 1. Required information.

Information regarding persons vouching for voter residence on election day must be tracked according to the form and instructions in subpart 2. Counties, municipalities, or school districts authorized to use electronic rosters pursuant to Minnesota Statutes, section 201.225, may instead collect this information electronically.

Subp. 2. Instructions and form.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 32 SR 2055; 38 SR 1368; 50 SR 971

Minn. R. 8200.9950 Challenges to Voter Registration, Specified by Part 8200.7100

I, __________________________ (Name of person making challenge), am a registered voter in ______________________ County, Minnesota. I reside at ________________________ (Street or Route No.) _______________________ (City or Township).

I challenge the registration of ______________________ (Name of challenged voter) whose registration lists his or her residence as __________________________ (Street or Route No.) ________________________ (City or Township).

The grounds for my challenge are based on the following facts and circumstances: _

(attach additional sheets of signed statement, including supporting documents, affidavits, or other evidence, if necessary).

I swear or affirm that this challenge is based on my personal knowledge, and that I have exercised due diligence to personally verify the facts and circumstances establishing the basis for the challenge.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 17 SR 1279; 50 SR 971

Minn. R. 8200.9953 [Repealed, 20 SR 2787]

[Repealed, 20 SR 2787]

Minn. R. 8200.9960 Challenges to Voter Registration, Form to Be Used Under Minnesota Statutes, Section 204c.12, Subdivision 2

History

Statutory Authority: MS s 201.061; 201.221; 203B.09
History: 32 SR 2055

Chapter 8205 PETITIONS

Minn. R. 8205.1000 [Repealed, 25 SR 616]

[Repealed, 25 SR 616]

Minn. R. 8205.1010 Form of Petitions

Subpart 1. Applicability.

This part applies to any petition required for any election in this state, including nominating petitions, recall petitions, and proposed recall petitions.

Subp. 2. General form requirements.

Petitions must be prepared in accordance with items A to I.

A. A petition must be prepared on paper no larger than 8-1/2 inches wide and 14 inches long. The signer's oath and the signature lines must be on the same side of the paper.

B. The language on the petition must be printed in no smaller than 10-point type.

C. Each petition page must have a short title describing the purpose of the petition.

D. Each petition page must have a statement summarizing the purpose of the petition.

E. If the purpose of the petition is to put a question on the ballot, each petition page may have a statement of 75 words or less summarizing the ballot question.

F. Each petition page must have a signer's oath in no smaller than 12-point bold type. If the form of the signer's oath is not specified by statute, the following oath must be used: "I swear (or affirm) that I know the contents and purpose of this petition and that I signed this petition only once and of my own free will."

G. Each petition page must include the following statement immediately above the signature lines: "All information must be filled in by person(s) signing the petition unless disability prevents the person(s) from doing so."

H. Each petition page must have no more than ten signature lines. The signature lines must be consecutively numbered. Each signature line must have space for the date of signature; a signature; and each signatory's year of birth; printed first, middle, and last name; and residence address, municipality, and county.

I. Each petition page must include the following statement: "All information on this petition is subject to public inspection."

History

Statutory Authority: MS s 204B.071; 211C.03; 211C.04; 211C.06
History: 25 SR 616; 34 SR 1561

Minn. R. 8205.1020 Circulating Petitions

Subpart 1. Applicability.

This part applies to any petition required for any election in this state, including nominating petitions, recall petitions, and proposed recall petitions.

Subp. 2. Photocopies.

Petitioners may circulate photocopies of a sample petition page.

History

Statutory Authority: MS s 204B.071; 211C.03; 211C.04; 211C.06
History: 25 SR 616

Minn. R. 8205.1030 Signing Petitions

Subpart 1. Applicability.

This part applies to any petition required for any election in this state, including nominating petitions, recall petitions, and proposed recall petitions.

Subp. 2. Required information.

The person signing the petition shall complete the signature date, name, year of birth, and residence address lines on the petition.

Subp. 3. Signing by disabled person.

A person physically unable to complete the petition may ask another for assistance.

Subp. 4. Signing only once.

A person may sign a petition only once.

History

Statutory Authority: MS s 204B.071; 211C.03; 211C.04; 211C.06
History: 25 SR 616

Minn. R. 8205.1040 Filing Petitions

Subpart 1. Applicability.

This part applies to any petition required for any election or recall in this state.

Subp. 2. Definition of filing officer.

As used in this part and part 8205.1050, "filing officer" means:

A. in the case of a petition for a county office or county question, the county auditor;

B. in the case of a petition for a federal office, the secretary of state;

C. in the case of a state office, the filing officer who receives the affidavit for filing under Minnesota Statutes, section 204B.09, subdivision 1, paragraph (d);

D. in the case of a petition for a municipal office or municipal question, the municipal clerk;

E. in the case of a petition for a school district office or school district question, the school district clerk;

F. in the case of a petition for a special district office or special district question, the special district clerk;

G. in the case of a recall petition or a proposed recall petition filed under Minnesota Statutes, chapter 211C, the secretary of state;

H. in the case of a removal petition filed under Minnesota Statutes, section 351.16, the county auditor; or

I. in the case of a recall petition or a proposed recall petition filed pursuant to a municipal charter or ordinance, the municipal clerk.

Subp. 3. Filing procedures.

The person filing the petition must submit the entire petition at one time to the filing officer. The petitioners may submit the petition by mail, messenger, or similar delivery service. Filing of a petition is effective upon receipt by the filing officer. Petition pages must not be altered by anyone except the filing officer for verification purposes after the petition has been filed.

Subp. 4. Receipt.

The filing officer must provide the person filing the petition with a receipt for the petition. The receipt must include the type of petition filed; the name, address, and telephone number of the person submitting the petition; the date on which the petition was filed; and the total number of pages in the petition submitted.

History

Statutory Authority: MS s 204B.071; 211C.03; 211C.04; 211C.06
History: 25 SR 616; 34 SR 1561

Minn. R. 8205.1050 Verifying Petitions

Subpart 1. Applicability.

This part does not apply to proposed recall and recall petitions. The verification processes for proposed recall and recall petitions are located in parts 8205.2010 and 8205.2120. This part does not apply to statewide Major Political Party Recognition Petitions or statewide Minor Political Party Recognition Petitions. The verification processes for Major Political Party Recognition Petitions and Minor Political Party Recognition Petitions are located in parts 8205.3000 and 8205.3200.

Subp. 2. Verifying petitions.

The filing officer shall verify each petition using the method in items A to C.

A. The filing officer shall inspect the form of the petition to determine whether it complies with part 8205.1010. The filing officer need only determine substantial compliance with regard to any type size on the form.

B. The filing officer shall inspect the petition to determine whether it has been signed by the required number of signatories and whether the signatories meet the applicable eligibility requirements. If the petition has not been signed by the required number of qualified signatories, the filing officer must notify the person who filed the petition:

C. If the petition satisfies the form requirements in part 8205.1010 and has been signed by the required number of qualified signatories during the applicable time period, the filing officer shall notify the person whose name is on the petition receipt that the petition is sufficient.

Subp. 3. Time for verification.

The filing officer shall complete the verification of a petition as soon as practicable but no later than ten working days after the day on which the petition was filed.

History

Statutory Authority: MS s 204B.071
History: 25 SR 616; 34 SR 1561; 38 SR 1368; 43 SR 437

Minn. R. 8205.2000 Form of Proposed Recall Petition

Subpart 1. Applicability of other rules.

A proposed recall petition must comply with parts 8205.1010 to 8205.1040.

Subp. 1a. Form of proposed recall petition.

Proposed recall petitions must be prepared in accordance with items A to C.

A. The words "PROPOSED RECALL PETITION" must be printed at the top of each page of the petition.

B. Each page of the proposed petition must include the following information:

C. Separate petitions must be used to propose the recall of more than one state officer.

D. The secretary of state shall provide sample proposed recall petition pages.

Subp. 2.

[Repealed, 25 SR 616]

Subp. 3. Submitting the proposed recall petition.

The proposed recall petition must be submitted to the secretary of state.

The persons submitting the proposed recall petition also shall submit a written statement designating no more than three consenting signatories of the petition who will represent all petitioners in all matters relating to the recall. The secretary shall provide sample written statements.

The petition must be accompanied by a fee of $100. If the filing fee is paid with a check, draft, or similar negotiable instrument for which sufficient funds are not available or that is dishonored, the secretary of state shall send notice of the worthless instrument to the petitioners via registered mail with return receipt requested. The petitioners have five days from the time the secretary receives proof of receipt to provide the secretary of state with sufficient funds. If adequate payment is not made, the secretary of state shall dismiss the proposed petition.

Subp. 4. Receipt of proposed recall petition.

The receipt must include the name of the state officer who is the subject of the proposed petition.

History

Statutory Authority: MS s 204B.071; 207A.09; 211C.03; 211C.04; 211C.06
History: 22 SR 1713; 25 SR 616

Minn. R. 8205.2010 Verifying the Proposed Recall Petition

Subpart 1. Verifying the proposed recall petition.

The secretary of state shall inspect the form of each proposed recall petition to determine whether it complies with the requirements in parts 8205.1010 and 8205.2000, subpart 1. The secretary of state need only determine substantial compliance with regard to any type size on the form. The secretary of state shall inspect each proposed recall petition to determine whether it has been signed by at least 25 persons eligible to vote in the district where the state officer subject to the proposed recall petition serves or, in the case of a statewide officer, within the state. The secretary of state shall verify that the address given by each signatory is in the district served by the state officer subject to the proposed recall petition and that the birth date given by each signatory establishes that the signatory was at least 18 years old when the petition was signed.

If the secretary of state determines that less than 25 eligible voters have signed a proposed recall petition, the secretary of state shall immediately dismiss the petition and send written notice to the person submitting the petition.

If the secretary of state determines that the proposed recall petition is sufficient, the secretary shall immediately send written notice to the state officer subject to the proposed recall petition and the petitioners and shall forward the proposed petition to the clerk of the appellate courts.

Subp. 2. Time for verification.

The secretary of state shall complete the verification of a proposed recall petition no later than three working days after the day on which the petition was filed.

History

Statutory Authority: MS s 204B.071; 207A.09; 211C.03; 211C.04; 211C.06
History: 22 SR 1713; 25 SR 616; 34 SR 1561

Minn. R. 8205.2100 Issuing the Recall Petition

Subpart 1. Secretary of state's duties.

When the secretary of state receives a recall order from the supreme court, the secretary shall provide the petitioners with:

A. a sample recall petition page that includes the statement of facts and grounds for recall ordered by the supreme court;

B. the number of signatures needed for the petition to be valid; and

C. the date by which the petition must be filed with the secretary of state to meet the filing deadline.

Subp. 2.

[Repealed, 25 SR 616]

History

Statutory Authority: MS s 204B.071; 207A.09; 211C.03; 211C.04; 211C.06
History: 22 SR 1713; 25 SR 616

Minn. R. 8205.2110 Form of Recall Petition

Subpart 1. Applicability of other rules.

A recall petition must comply with parts 8205.1010 to 8205.1040.

Subp. 1a. Form of recall petition.

Recall petitions must be prepared in accordance with items A and B.

A. The words "RECALL PETITION" must be printed at the top of each page of the petition.

B. Each page in the petition must include the following information:

C. A separate petition must be used for the recall of each state officer.

Subp. 2.

[Repealed, 25 SR 616]

Subp. 3. Submitting the petition.

The completed petition must be filed with the secretary of state.

Subp. 4. Receipt of recall petition.

The receipt must include the name of the state officer who is the subject of the petition.

History

Statutory Authority: MS s 204B.071; 207A.09; 211C.03; 211C.04; 211C.06
History: 22 SR 1713; 25 SR 616

Minn. R. 8205.2120 Verifying the Recall Petition

Subpart 1. Verifying the recall petition.

The secretary of state shall verify each recall petition by the following method.

A. The secretary of state shall inspect the form of the recall petition to determine whether it complies with the requirements in parts 8205.1010 and 8205.2110, subpart 1.

B. The secretary of state shall inspect each petition to determine whether it was filed within 90 days after the date of issuance. If the secretary of state determines that the petition was not filed within 90 days after the date of issuance, the secretary shall dismiss the petition and notify the petitioners of the reason for dismissal.

C. The secretary of state shall inspect each petition to determine whether it has been signed by a number of persons eligible to vote in the district served by the state officer subject to the recall petition that is equal to at least 25 percent of the number of votes cast at the most recent general election for the office held by the state officer subject to the recall petition. If the petition has not been signed by the required number of eligible voters and the 90-day time limit has expired during the verification process, the secretary shall dismiss the petition and notify the petitioners of the reason for the dismissal. If the petition has not been signed by the required number of eligible voters but the 90-day time limit has not expired, the secretary shall notify the petitioners:

D. The secretary of state shall use a random sampling technique to verify that the persons signing the petition are eligible voters.

E. If the secretary of state determines that the petition satisfies the form requirements in parts 8205.1010 and 8205.2110, subpart 1, the petition has been filed within the 90-day time limit, that the petition has been signed by the required number of signatories, and that the statistical sampling shows the number of signatories who are eligible voters is 100 percent or greater of the required number, the secretary shall certify the petition and immediately send written notice to the governor, the petitioners, and the state officer subject to the petition.

Subp. 2. Time for verification.

The secretary of state shall complete the verification of a petition no later than ten working days after the day on which the petition was filed.

History

Statutory Authority: MS s 204B.071; 207A.09; 211C.03; 211C.04; 211C.06
History: 22 SR 1713; 25 SR 616; L 2003 c 112 art 2 s 50

Minn. R. 8205.3000 Form of Major and Minor Political Party Recognition Petition

Subpart 1. Applicability of other rules.

A major or minor political party recognition petition must comply with parts 8205.1010 to 8205.1040.

Subp. 2. Form of Major Political Party Recognition Petition.

Major Political Party Recognition Petitions must be prepared in accordance with items A and B.

A. The words "MAJOR POLITICAL PARTY RECOGNITION PETITION" must be printed at the top of each page of the petition.

B. Each page in the petition must include the following information:

C. A separate petition must be used for each prospective major political party.

Subp. 3. Form of the Minor Political Party Recognition Petition.

A Minor Political Party Recognition Petition must be prepared in accordance with items A and B.

A. The words "MINOR POLITICAL PARTY RECOGNITION PETITION" must be printed at the top of each page of the petition.

B. An oath in the following form: "I solemnly swear (or affirm) that I am a member of the __________ party; I know the purpose and content of the petition; and I signed the petition only once and of my own free will."

C. A separate petition must be used for each prospective minor political party.

Subp. 4. Filing.

Prior to filing the petition, the party must ensure the signatures are consecutively numbered. The completed petition must be filed with the secretary of state. Upon filing the petition the prospective major or minor political party must provide the name, address, and telephone number of a contact person.

History

Statutory Authority: MS s 204B.071
History: 38 SR 1368

Minn. R. 8205.3200 Verifying Statewide Major Political Party Recognition Petition and Statewide Minor Political Party Recognition Petition

Subpart 1. Verifying the statewide political party recognition petitions.

The secretary of state shall verify each statewide Major Political Party Recognition Petition and each statewide Minor Political Party Recognition Petition by the following method.

A. The secretary of state shall determine whether the petition was filed before the close of the filing period for state and federal offices. If the secretary of state determines that the petition was not filed before the close of filing for state and federal offices, the secretary of state shall dismiss the petition and notify the petitioners of the reason for dismissal.

B. The secretary of state shall inspect the form of the major or minor political party recognition petition to determine whether or not it complies with requirements in parts 8205.1010 to 8205.1040 and 8205.3000.

C. The secretary of state shall inspect each petition to determine whether or not it has been signed by a number of eligible persons equal to at least:

D. The secretary of state shall use a random sampling technique to verify that the persons signing the petition are eligible persons.

E. If the secretary of state determines that the petition satisfies the form requirements in parts 8205.1010 and 8205.3000, that the petition has been filed prior to the close of the filing deadline for state and federal candidates, that the petition has been signed by the required number of signatories, and that the statistical sampling shows the number of signatories who are eligible persons is 100 percent or greater of the required number, the secretary of state shall certify the petition and immediately send written notice to the petitioners, the commissioner of the Minnesota Department of Revenue, and the executive director of the Campaign Finance and Public Disclosure Board.

Subp. 2. Time for verification.

The secretary of state shall complete the verification of a petition no later than ten working days after the day on which the petition was filed.

History

Statutory Authority: MS s 204B.071
History: 38 SR 1368; 40 SR 1553

Chapter 8210 ABSENTEE BALLOTS

Minn. R. 8210.0050 Absentee or Mail Ballot Materials

All materials mailed in connection with absentee or mail voting shall bear the official United States Postal Service Election Mail insignia.

All envelopes used in connection with absentee or mail voting shall also bear a legend indicating the ballot category enclosed, in no smaller than 8-point type. The categories are:

A. registered;

B. nonregistered;

C. registered (agent delivery);

D. nonregistered (agent delivery);

E. military/overseas;

F. presidential only; and

G. mail.

History

Statutory Authority: MS s 14.388; 201.061; 201.221; 203B.09
History: 29 SR 155; 32 SR 2055

Minn. R. 8210.0100 Presidential Absentee Ballots

Subpart 1. Procedure for voting.

A person who is qualified under United States Code, title 42, section 1973aa-1, to vote for the offices of president and vice-president or for electors for president and vice-president may vote by absentee ballot or in person at the auditor's office in the county where the person formerly resided. The certificate of eligibility on the back of the absentee ballot return envelope must be printed in the form shown in subpart 2.

Subp. 2. Form of certificate of eligibility.

Current phone number (optional):

Current email address (optional):

I certify that I

History

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 23 SR 459; 29 SR 155; 31 SR 350; 32 SR 2055; 34 SR 1561; 36 SR 1407; 50 SR 971

Minn. R. 8210.0200 Permanent Absentee Voter

Subpart 1.

[Repealed, 32 SR 2055]

Subp. 1a.

[Repealed, 32 SR 2055]

Subp. 1b.

[Repealed, 29 SR 155]

Subp. 1c.

[Repealed, 32 SR 2055]

Subp. 1d.

[Repealed, 32 SR 2055]

Subp. 1e.

[Repealed, 25 SR 616]

Subp. 1f.

[Repealed, 25 SR 616]

Subp. 2.

[Repealed, 32 SR 2055]

Subp. 3.

[Repealed, 34 SR 1561]

Subp. 4. Permanent absentee voter.

An eligible voter under Minnesota Statutes, section 203B.04, subdivision 5, may apply to the county auditor or municipal clerk using a form provided by the secretary of state to automatically receive an absentee ballot for each election in which the voter is eligible to vote. The voter's permanent absentee voter status must be indicated and permanently maintained on the voter's registration record on the statewide voter registration system.

The county auditor shall maintain a list of voters who have applied to automatically receive an absentee ballot.

Subp. 4a.

[Repealed, 32 SR 2055]

Subp. 5.

[Repealed, 25 SR 616]

Subp. 6.

[Repealed, 32 SR 2055]

History

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 10 SR 1690; 13 SR 259; 15 SR 1641; 17 SR 8; 20 SR 2787; 23 SR 459; 25 SR 616; 29 SR 155; 32 SR 2055; 34 SR 1561; 38 SR 1368; 50 SR 971

Minn. R. 8210.0225 Applications from Challenged Voters

A voter registration application must be sent with the ballot to any challenged voter who applies for an absentee ballot. The absentee ballot process must be administered as if the voter was not registered to vote.

History

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 23 SR 459; 29 SR 155; 50 SR 971

Minn. R. 8210.0250 [Repealed, 25 SR 616]

[Repealed, 25 SR 616]

Minn. R. 8210.0300 Ballot Envelope

The ballot envelope shall be printed in the following manner.

The envelope shall be tan in color with black ink. The envelope shall be of a size to fit inside the absentee ballot return envelope. The words "Ballot Envelope" and "Use this envelope first to keep your ballot secret. Put only your ballot in this envelope and seal it." shall be printed on the front of the envelope.

History

Statutory Authority: MS s 203B.08; 203B.09; 203B.125; 203B.14
History: 8 SR 1348; 17 SR 351; 34 SR 1561

Minn. R. 8210.0400 Transmittal Envelope

A telephone number and an electronic mail address that voters can call or contact for help in absentee voting must be printed as part of the return address on the envelope in which the absentee balloting materials are transmitted to the voter or as part of the cover letter to voters, for those voters to whom ballots are transmitted electronically. The envelope in which the absentee balloting materials are transmitted to the voter must have the following printed on it: "Read and follow the enclosed instruction sheet to help ensure that your vote will count."

History

Statutory Authority: MS s 203B.08; 203B.09; 203B.125; 204B.45
History: 36 SR 1407

Minn. R. 8210.0500 Instructions to Absent Voter

Subpart 1. Required instructions.

Instructions to the absent voter shall be transmitted with the absentee ballot materials. The instructions shall be in the form in subparts 2, 3, or 4 or 5 and 6, except that jurisdictions may substitute the deadline for agent delivery of ballots from 5:00 p.m. to 8:00 p.m. for those individuals voting pursuant to Minnesota Statutes, section 203B.11. The instruction headings with numbers must be in no smaller than 12-point type and the rest of the text must be in no smaller than 10-point type, except for the confidentiality notice, which may be in 7-point type. The instructions must explain how to correctly mark the ballot. The instructions must inform the voter of the effect of casting multiple votes for an office and, in the case of a partisan primary, the effect of voting for candidates of more than one party. The instructions must include information on how to correct a ballot before it is cast and counted, including instructions on how to request a replacement ballot if the voter is unable to change the ballot or correct an error. The instructions must include a graphic depiction of the absentee ballot materials and how they are to be completed and assembled by the voter. The instructions must also include a privacy notice that complies with Minnesota Statutes, section 13.04. The secretary of state must provide each county auditor with sample instructions with graphic depictions. Jurisdictions may provide additional jurisdiction-specific instructions to voters, provided the instructions comply with the typeface requirements of this part.

Subp. 2. Instructions for registered voters.

Instructions

How to vote by absentee ballot

for registered voters

You will need:

1 Vote!

See the other side if you make a mistake on your ballot.

2 Seal your ballot in the tan ballot envelope

3 Put the tan ballot envelope into the white signature envelope

4 Fill out the white signature envelope completely

5 Put the signature envelope into the larger white return envelope to protect your private information from view

6 Return your ballot by Election Day to the address on the return envelope

Ballots may not be delivered to your polling place

You have three options:

See the other side for special instructions if you have a disability.

To check the status of your absentee ballot, visit mnvotes.gov.

Correcting a mistake

If you have a disability:

If you have a disability or cannot mark your ballot, your witness may assist you by marking your ballot at your direction, assembling the materials, and filling out the forms for you.

If you have a print disability, you may request that ballots, instructions, and a certificate of voter eligibility be transmitted electronically in an accessible format by contacting your county election office. If you request a ballot be transmitted electronically in an accessible format, you may then complete your ballot electronically but must print your voted ballot and return this ballot and completed certificate of voter eligibility to your county election office.

When signing the envelope, Minnesota law says you may:

Please note: Voting is not covered by power of attorney. A person with power of attorney may only sign for you in your presence, as outlined above.

Subp. 3. Instructions for nonregistered voters.

Instructions

How to vote by absentee ballot

You will need:

Important: You must submit the voter registration application with your ballot (in the white signature envelope) for your vote to be counted.

1 Fill out the voter registration application and sign it

2 Vote!

3 Seal your ballot in the tan ballot envelope

4 Put the tan ballot envelope and the voter registration application in the white signature envelope

5 Fill out the white signature envelope completely

7 Return your ballot by Election Day to the address on the return envelope

Ballots may not be delivered to your polling place

You have three options:

To check the status of your absentee ballot, visit mnvotes.gov.

Options for proof of where you live

A valid Minnesota driver's license, Minnesota ID card, or permit with your current address

A photo ID that does not have your current address along with a document that has your current address

Correcting a mistake

If you have a disability:

If you have a disability or cannot mark your ballot, your witness may assist you by marking your ballot at your direction, assembling the materials, and filling out the forms for you.

When signing the envelope, Minnesota law says you may:

Please note: Voting is not covered by power of attorney. A person with power of attorney may only sign for you in your presence, as outlined above.

Subp. 4. Instructions for military and overseas voters transmitted ballots by mail.

Instructions

How to vote by absentee ballot for military and overseas voters

You will need:

5 Put the signature envelope into the larger white return envelope to protect your private information from view

To check the status of your absentee ballot, visit mnvotes.gov.

If you have any questions, contact your county elections office at [insert email address] or [insert telephone number].

If you have a disability:

If you have a disability or cannot mark your ballot, another person may assist you by marking your ballot at your direction, assembling the materials, and filling in the forms for you.

When signing the envelope, Minnesota law says you may:

Please note: Voting is not covered by power of attorney. A person with power of attorney may only sign for you in your presence as outlined above.

Subp. 5. Cover letter for military and overseas voters transmitted ballots electronically.

Dear Military/Overseas Absentee Voter:

Your absentee ballot and supporting materials for the election on [month day, year] are attached. Your absentee ballot is being sent to you electronically because you requested this delivery method on your application. Please print, fill out, and return these materials so they are received by your county by Election Day, [day of the week], [month day, year].

A paper ballot must be returned to Minnesota and received by Election Day to be counted.

You may use the domestic mail service of the country you are located in, an international package delivery service, or the military or state department's mail services. Be sure to vote and return this ballot as soon as possible to ensure timely return. Your ballot must be received by your county elections office by Election Day to be counted.

This communication contains:

Carefully follow the instructions to ensure proper return of your voted ballot.

To check the status of your absentee ballot, visit mnvotes.gov.

Contact your county elections office at [email] or [phone number] if you have any questions. Voting assistance for military and overseas citizens is also available at https://www.fvap.gov/.

Please note: Each voter must submit an application and receive their own ballot. Do not forward this ballot to other voters. A ballot received from a voter who did not submit an application will not be counted. Refer other military or overseas voters who need to apply for a ballot to mnvotes.gov.

Thank you.

Subp. 6. Instructions for military and overseas voters transmitted ballots electronically.

Instructions

How to vote by absentee ballot for military and overseas voters sent ballots electronically

Note: Your ballot must be printed out and physically returned. It cannot be returned electronically.

You will need:

1 Print the materials

2 Vote!

3 Use one of the envelopes as the ballot envelope

4 Fill out the Certificate of Eligibility completely

5 Put it all together

6 Return your ballot by Election Day to the address above

To check the status of your absentee ballot, visit mnvotes.gov.

If you need any help while voting, please contact your county elections office at [insert email address] or [insert telephone number].

Correcting a mistake

If you have a disability:

If you have a disability or cannot mark your ballot, another person may assist you by marking your ballot at your direction, assembling the materials, and filling out the forms for you.

When signing the Certificate of Eligibility, Minnesota law says you may:

Please note: Voting is not covered by power of attorney. A person with power of attorney may only sign for you in your presence as outlined above.

Subp. 7. Additional instructions for use with partisan primaries.

The following instructions must also be sent along with all absentee ballots for partisan primary elections.

The top part of this ballot is for a partisan (party) primary election:

For how to correct a mistake, see the back side of the absentee ballot instructions.

History

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 203B.14; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 17 SR 351; 23 SR 459; 25 SR 616; 29 SR 155; 31 SR 350; 32 SR 2055; 34 SR 1561; 36 SR 1407; 38 SR 1368; 40 SR 1553; 50 SR 971

Minn. R. 8210.0600 Statement of Absentee Voter

Subpart 1. Form.

The statement of absentee voter for persons voting under Minnesota Statutes, sections 203B.04 to 203B.15, must be printed in the forms shown in subparts 1a and 1b. The version found in subpart 1a must be provided only to absentee voters who are registered to vote at the time of application. All other absentee voters must be provided the version found in subpart 1b. The statements must be printed to the specifications of subpart 3.

Subp. 1a. Statement of registered absentee voter form.

Signature Envelope

I certify that on Election Day I will meet all the legal requirements to vote.

Witness must complete this section

I certify that:

Subp. 1b. Statement of nonregistered absentee voter form.

Signature Envelope

I certify that on Election Day I will meet all the legal requirements to vote.

Witness must complete this section

Witness MUST CHECK ONE indicating proof of residence provided by voter: (See instructions)

I certify that:

Subp. 2.

[Repealed, 40 SR 1553]

Subp. 3. Printing specifications.

The statement shall be printed on the back of the absentee ballot signature envelope. The words "Voter must complete this section" and "Witness must complete this section" shall be printed in no smaller than 12-point bold type. The "X" on the signature lines must be in at least 20-point type. The remainder of the statement shall be printed in no smaller than 10-point medium type. The area for the voter's name and address must be no smaller than 1-1/4 inches by 3-1/4 inches. The voter's certificate must be at least 4-1/8 inches wide.

Subp. 4.

[Repealed, 32 SR 2055]

Subp. 4a.

[Repealed, 32 SR 2055]

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 203B.14; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 8 SR 1348; 17 SR 351; 23 SR 459; 25 SR 616; 32 SR 2055; 34 SR 1561; 36 SR 1407; 38 SR 1368; 40 SR 1553; 50 SR 971

Minn. R. 8210.0700 Repealed by subpart

Subpart 1.

[Repealed, 34 SR 1561]

Subp. 2.

[Repealed, 34 SR 1561]

Subp. 3.

[Repealed, 34 SR 1561]

Subp. 4.

[Repealed, 20 SR 2787]

Subp. 5.

[Repealed, 20 SR 2787]

Subp. 6.

[Repealed, 20 SR 2787]

Subp. 7.

[Repealed, 34 SR 1561]

Subp. 8.

[Repealed, 34 SR 1561]

Subp. 9.

[Repealed, 34 SR 1561]

Subp. 10.

[Repealed, 34 SR 1561]

Minn. R. 8210.0710 Format and Instructions for Absentee Ballot Return Envelopes

Subpart 1. Sample envelope layout.

The secretary of state shall provide samples of the layout of the front and the back of the envelope.

Subp. 2. Form.

Absentee ballot return envelopes must be printed according to the following specifications:

A. Envelopes prepared with the certificates prepared according to part 8210.0600 must be white in color with black ink. Envelopes with certificates prepared according to part 8210.0800 must be white in color with Pantone 194 U red ink or darker used for all printing.

B. The following must be printed at the bottom of the envelope on the same side as the voter's certificate:

Subp. 3. Envelope labeling.

The envelopes with the form printed according to part 8210.0600, subpart 1a, must have the words "Signature Envelope - Registered" printed in no smaller than 8-point type. The envelopes with the form printed according to part 8210.0600, subpart 1b, must have the words "Signature Envelope - Nonregistered" printed in no smaller than 8-point type. The envelopes printed with the form printed according to part 8210.0800 must have the words "Signature Envelope - UOCAVA" printed in no smaller than 8-point type.

Subp. 4. Additional instructions for registered and military and overseas voters.

The following words must be printed above the voter's certificate for envelopes with the form prepared under parts 8210.0600, subpart 1a, and 8210.0800:

"Put the Ballot Envelope

in here, then seal flap"

The words may appear on the reverse side of the envelope.

Subp. 5. Additional instructions for nonregistered voters.

The following words must be printed above the voter's certificate for envelopes with the form prepared under part 8210.0600, subpart 1b:

"Put the Ballot Envelope and the

Voter Registration Application

in here, then seal flap"

The words may appear on the reverse side of the envelope.

Subp. 6. Checklist for registered voters.

Envelopes with the form printed according to part 8210.0600, subpart 1a, must have the following words printed on the exterior of the return envelope:

Subp. 7. Checklist for nonregistered voters.

Envelopes with the form printed according to part 8210.0600, subpart 1b, must have the following words printed on the exterior of the return envelope:

Subp. 8. Checklist for military and overseas voters.

Envelopes with the form printed according to part 8210.0800 must have the following words on the exterior of the return envelope:

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 34 SR 1561; 36 SR 1407; 40 SR 1553; 43 SR 437; 50 SR 971

Minn. R. 8210.0720 Mailing Information on Absentee Ballot Return Envelopes

Subpart 1. Sample envelope layout.

The secretary of state shall provide samples of the layout of the front and the back of the envelope.

Subp. 2. Form.

The face of absentee ballot return envelopes must be printed according to this part.

Subp. 3. Mailing address.

County auditors and municipal clerks shall print a mailing address on each envelope that they mail or deliver to an absent voter. The address block shall be located in the lower right one-quarter of the envelope. An envelope may be addressed to the county auditor or to the municipal clerk.

Subp. 4. Marks approved by United States Postal Service.

Marks approved by the United States Postal Service to identify ballot materials must be printed on the envelope as specified in United States Postal Service instructions.

Subp. 5. Official absentee balloting label.

The words "OFFICIAL ABSENTEE BALLOTING MATERIAL - FIRST CLASS MAIL" must be printed in 18-point bold type and inside a box.

Subp. 6. Return address.

A county auditor or municipal clerk may affix the return address to the upper left-hand corner of the envelope.

Subp. 7. Additional requirements for envelopes for military and overseas voters.

Envelopes for military and overseas voters must also meet the following additional requirements:

A. In the upper right-hand corner, a postage symbol and box shall be imprinted: U.S. Postage Paid 39 USC 3406

B. The words "PAR AVION" must be printed in 12-point bold type in capital letters one-half inch below the postage box.

C. Facing identification marks (FIM) must be printed on the envelope and positioned as specified in United States Postal Service instructions.

D. The words "No Postage Necessary in the U.S. Mail - DMM703.8.0" must be printed immediately below the words required by subpart 5.

History

Statutory Authority: MS s 203B.08; 203B.09
History: 34 SR 1561; 40 SR 1553

Minn. R. 8210.0730 Repealed by subpart

Subpart 1.

[Repealed, 40 SR 1553]

Subp. 2.

[Repealed, 36 SR 1407]

Subp. 3.

[Repealed, 40 SR 1553]

Subp. 4.

[Repealed, 40 SR 1553]

Minn. R. 8210.0800 Absentee Ballot Signature Envelope as Provided by Minnesota Statutes, Sections 203b.16 and 203b.17

Subpart 1.

[Repealed, 34 SR 1561]

Subp. 2.

[Repealed, 34 SR 1561]

Subp. 3. Certificate of eligibility.

On the back of the absentee signature envelope provided for in Minnesota Statutes, section 203B.21, a certificate of eligibility must be printed on the envelope in the form shown in subpart 3a. The county auditor must provide the Certificate of Eligibility as an electronic document to voters who requested electronic delivery of absentee ballots.

Subp. 3a. Form of certificate of eligibility.

Voter name _

Voter MN address (present or last) _

_ MN

ID number

(MN driver's license #,

MN ID card #,

U.S. passport #,

or last four digits of SSN) _

Email _

Phone (optional) _

I swear or affirm, under penalty of perjury, that I am (check one):

The information on this form is true, accurate, and complete to the best of my knowledge. I understand that a material misstatement of fact in completion of this document may constitute grounds for a conviction for perjury.

Subp. 4. Sample envelope layout.

The secretary of state shall provide samples of the layout of the front and the back of the envelope.

History

Statutory Authority: MS s 201.061; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.45
History: 8 SR 1348; 23 SR 459; 32 SR 2055; 34 SR 1561; 36 SR 1407; 38 SR 1368; 40 SR 1553

Minn. R. 8210.1000 Experimental Forms

The secretary of state may provide for the experimental use of alternate forms on a trial basis.

History

Statutory Authority: MS s 203B.08; 203B.09
History: 8 SR 1348

Minn. R. 8210.2000 Voter's Information

If the absent voter's name, residential address, ward, and precinct number are not printed on a label affixed to the envelope, the official mailing or delivering absentee ballots to an absent voter shall, before doing so, fill in the absent voter's name, address, ward, and precinct number in the spaces provided on the signature envelope, unless the materials are transmitted to the voter electronically. When placing the label, the official must place it over the space for the voter's name and address, but must not cover the instructions to the voter or the voter's oath.

History

Statutory Authority: MS s 203B.08; 203B.09
History: 34 SR 1561; 40 SR 1553

Minn. R. 8210.2100 Mailing or Delivering Absentee Ballot Return Envelopes

Except as provided in Minnesota Statutes, section 203B.11, an absent voter who receives absentee ballots by mail or in person may cause the absentee ballot return envelope to be returned by any of the following methods:

A. causing the envelope to be mailed to the address on it;

B. delivering the envelope in person to the county auditor or municipal clerk from whom the ballots were received; or

C. designating an agent who shall deliver in person the sealed envelope to the county auditor or municipal clerk from whom the ballots were received. An agent shall be at least 18 years old. No individual may be designated as the agent of more than three absent voters in any one election.

History

Statutory Authority: MS s 203B.08; 203B.09
History: 17 SR 1279

Minn. R. 8210.2200 Duties of County Auditor or Municipal Clerk Upon Receipt of Absentee Ballot Return Envelope

Subpart 1. Personal delivery.

Absentee ballot return envelopes that are delivered in person by an absent voter or an agent must be received by the county auditor or municipal clerk by 5:00 p.m. on election day. Ballots delivered by agent under Minnesota Statutes, section 203B.11, subdivision 4, must be delivered to the county auditor or municipal clerk no later than 8:00 p.m. on election day. Ballots received by personal delivery after 5:00 p.m. on election day or after 8:00 p.m. on election day if delivered under Minnesota Statutes, section 203B.11, subdivision 4, shall be marked as received late by the county auditor or municipal clerk, and must not be delivered to the ballot board.

Subp. 2. Inspecting for seal.

Before accepting an absentee ballot return envelope that is hand delivered by an absent voter or an agent, the county auditor or municipal clerk shall inspect the envelope to verify that it is sealed and that the absent voter's certificate is properly completed.

When an absent voter hand delivers an envelope which is unsealed or has an improperly completed absent voter's certificate, the absent voter shall be allowed to seal the envelope and correct or complete the certificate.

When an agent hand delivers a sealed envelope with an improperly completed absent voter's certificate, the agent may return the envelope to the absent voter for correction or completion in compliance with the time requirements in subpart 1.

When an agent hand delivers an envelope that is not sealed or which the auditor or clerk has reason to believe has been tampered with, the envelope shall not be accepted. The auditor or clerk shall write "rejected" across the absentee ballot return envelope and shall write the reason for rejection on the envelope. The absentee ballot return envelope shall be retained by the auditor or clerk in the auditor's or clerk's office. A notice of nonacceptance shall be mailed to the absent voter promptly, stating the date of nonacceptance, the name and address of the agent, and the reason for nonacceptance. A replacement ballot notice may be sent in place of the notice of nonacceptance. The absent voter may apply for replacement absentee ballots.

Subp. 3. Recording name and address.

When an absentee ballot return envelope is hand delivered to the county auditor or municipal clerk by an agent, the agent shall, on a record maintained by the auditor or clerk, print the agent's name and address, the name and address of the absent voter whose ballot the agent is delivering, and sign his or her name. The agent shall show to the auditor or clerk identification which contains the agent's name and signature.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 8 SR 1348; 17 SR 1279; 23 SR 459; 25 SR 616; 32 SR 2055; 38 SR 1368; 40 SR 1553; 50 SR 971

Minn. R. 8210.2300 Retaining Ballots

A county auditor or municipal clerk who receives an absentee ballot return envelope in person from an absent voter or an agent must retain it in the office as provided in part 8210.2400.

History

Statutory Authority: MS s 203B.08; 203B.09
History: 17 SR 1279; 38 SR 1368

Minn. R. 8210.2400 Safeguarding Procedures

The county auditor or municipal clerk shall establish measures for safeguarding absentee ballot return envelopes received prior to election day.

A. The auditor or clerk shall establish a record of absentee ballot return envelopes which are retained in the office. The record shall state the absent voter's name, address, and precinct number; the agent's name, if any; and the date the ballot was received by the auditor or clerk.

B. All retained envelopes shall be placed in a locked, secure location after being dated, stamped or initialed, and recorded. The envelopes shall not be removed from this location or handled, except as necessary in an emergency or to process ballots as provided in Minnesota Statutes, section 203B.121.

C. A part-time municipal clerk who receives return envelopes shall notify the auditor prior to each election of the safeguarding procedures which the clerk plans to follow, and the procedures shall be subject to the auditor's approval.

D. When the ballot board opens accepted return envelopes pursuant to Minnesota Statutes, section 203B.121, subdivision 4, they must comply with the provisions of that subdivision and promptly report to the secretary of state any discrepancy between the absentee ballot envelopes and the record required by this rule.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 17 SR 1279; 23 SR 459; 34 SR 1561; 36 SR 1407; 38 SR 1368; 50 SR 971

Minn. R. 8210.2450 Duties of Ballot Board Members When Examining Return Envelopes Under Minnesota Statutes, Section 203b.121

Subpart 1. Review.

Two or more ballot board members from different major political parties must review the absentee ballots returned for the precinct under Minnesota Statutes, section 203B.121, unless they are deputy county auditors or deputy city clerks who have received training in the processing and counting of absentee ballots, or are exempt from that requirement under Minnesota Statutes, section 205.075, subdivision 4, or Minnesota Statutes, section 205A.10, subdivision 2.

Subp. 2. Name, address, and signature review.

The voter's name and address on the absentee ballot application must match the voter's name and address on the signature envelope. Use of, or lack of, full names, nicknames, abbreviations, or initials on either document are not a reason for rejection.

Ballot board members must determine whether the signature envelope was signed by the voter. Use of, or lack of, full names, nicknames, abbreviations, or initials within either signature are not a reason for rejection. A signature is considered the voter's even if a voter uses a signature mark on either or both documents, or if a voter has another individual or different individuals sign the voter's name in their presence on either or both the application and the signature envelope in accordance with Minnesota Statutes, section 645.44, subdivision 14. A ballot must be rejected under this subpart on the basis of the signature if the name signed is clearly a different name than the name of the voter as printed on the signature envelope. This is the only circumstance under which a ballot may be rejected on the basis of signature under this subpart.

Subp. 3. Identification number review.

Ballot board members must determine whether the identification number provided by the voter on the certificate is the same as the identification number provided by the voter on the absentee ballot application or the voter's record in the statewide voter registration system.

If the numbers do not match or the voter did not provide identification numbers on both documents, the ballot board members must compare the signatures on the absentee ballot application and on the signature envelope to determine whether the ballots were returned by the same person to whom they were transmitted. Use of, or lack of, full names, nicknames, abbreviations, or initials within either signature are not a reason for rejection. A signature is considered the voter's even if a voter uses a signature mark on either or both documents, or if a voter has another individual or different individuals sign the voter's name in their presence on either or both the application and the return envelope in accordance with Minnesota Statutes, section 645.44, subdivision 14.

Subp. 4. Voter's registration status.

A. Ballot board members must determine the voter is registered under the name and at the address on the signature envelope by using the statewide voter registration system, or a master list or polling place roster produced from the statewide voter registration system. A voter who is not registered, whose registration is inactive, or whose registration is challenged, must include a properly completed voter registration application within the absentee return envelope pursuant to Minnesota Statutes, section 203B.04, subdivision 4, or the ballot must be rejected. If the voter was sent nonregistered absentee materials and the voter is not registered to vote and a voter registration application is not found in the return envelope, the ballot board members shall open the signature and ballot envelope and, without examining or removing the ballot, remove any voter registration application from the signature and ballot envelope. The ballot board members must immediately reseal the ballot envelope with the ballot enclosed, initialing across the seal and noting on the ballot envelope the purpose for which it was opened.

B. A voter registration application returned separately from an absentee return envelope after the voter registration deadline in Minnesota Statutes, section 201.061, subdivision 1, is a late registration and may not be used as a registration for the current election pursuant to Minnesota Statutes, section 201.054, subdivision 1, clause (3).

Subp. 5. Witness eligibility.

An absentee ballot may not be rejected for lack of an eligible witness, if a witness has signed the statement required from a witness by part 8210.0600, subpart 1a or 1b, and, if appropriate:

A. has provided the title indicating that they are eligible to administer oaths; or

B. has affixed a notarial stamp.

Subp. 6. Ballot already cast.

Ballot board members must use the statewide voter registration system or available polling place rosters to determine whether another ballot from the voter has been accepted. If a ballot is received before the close of business on the 19th day before the election, any ballot that has been previously received from that voter and has not been rejected is deemed spoiled and must not be counted. If a ballot is received after the close of business on the 19th day before the election and another absentee ballot has been accepted for that voter, the return envelope must be marked "rejected."

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 34 SR 1561; 38 SR 1368; 40 SR 1553; 50 SR 971

Minn. R. 8210.2500 Mail Pickup

Each municipal clerk shall communicate with the United States postal service facility serving the municipality with regard to the handling of absentee ballot return envelopes received by the post office on election day. The municipal clerk shall take all reasonable steps to ensure that all return envelopes received by the post office on election day are delivered before the closing of the polls to the ballot board. Absentee ballots returned by mail delivery and received after 8:00 p.m. on election day shall be marked as received late by the county auditor or municipal clerk, and must not be delivered to the ballot board.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 17 SR 1279; 38 SR 1368; 40 SR 1553; 50 SR 971

Minn. R. 8210.2600 Replacement Ballots

Subpart 1. Voter request.

The auditor or clerk must promptly provide a replacement ballot to a voter who requests one because the voter's ballot was lost, spoiled, or never received. The transmittal envelope must be labeled "REPLACEMENT BALLOT" in at least 18-point type. The auditor or clerk must record the following information on the voter's absentee ballot application: the date of the voter's request, the date that a replacement ballot was issued to the voter, and the reason that the voter requested a replacement. If a voter returns a spoiled ballot to the election official, the auditor or clerk must put the returned ballot in a spoiled ballot envelope.

Subp. 2. Ballot rejected by absentee ballot board.

The auditor or clerk must send a replacement ballot to a voter whose absentee ballot is rejected more than five days before an election, along with an explanation of why the ballot was rejected. The secretary of state must provide election officials with a sample notice with a list of the possible reasons that a ballot could be rejected for use by absentee ballot boards. The transmittal envelope must be labeled "REPLACEMENT BALLOT" in at least 18-point type. The election official must record the following information on the voter's absentee ballot application: the date that the voter's ballot was rejected, the date that a replacement ballot was issued to the voter, and the reason that the previous ballot was rejected. Rejected absentee ballots must be kept in a separate sealed container.

History

Statutory Authority: MS s 203B.08; 203B.09; 203B.125; 204B.45
History: 34 SR 1561; 36 SR 1407

Minn. R. 8210.2700 Receipt of Federal Write-in Absentee Ballots

Subpart 1. If Federal Post Card Application was received.

If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post Card Application was received, the county auditor must accept or reject the ballot in accordance with Minnesota Statutes, sections 203B.23 and 203B.24.

Subp. 2. If Federal Post Card Application was not received.

If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post Card Application was not received, the Federal Write-in Absentee Ballot serves as a voter registration, for voters who are eligible to register, in lieu of the voter's Federal Post Card Application. The Federal Write-in Absentee Ballot also serves as an absentee ballot request for absentee ballots in subsequent elections during the period required by Minnesota Statutes, section 203B.17, subdivision 1, paragraph (d). If the voter provided an email address, then the county auditor must record email as the voter's preferred method of delivery. The county auditor must not send a ballot to the voter for the election for which the voter submitted the Federal Write-in Absentee Ballot. If the voter has not already voted and the accompanying certificate is properly completed, the absentee ballot board must accept the Federal Write-in Absentee Ballot.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.0125; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 34 SR 1561; 50 SR 971

Minn. R. 8210.2900 Voting by Absentee Ballot in a Health Care Facility or Hospital

A voter in a health care facility or hospital who receives an absentee ballot in person from an election judge visiting the facility may request the assistance of two election judges who are not affiliated with the same political party or another person eligible to provide assistance, as provided in Minnesota Statutes, section 204C.15, subdivision 1. No person shall assist a voter in a health care facility or hospital without the consent of the voter.

History

Statutory Authority: MS s 203B.08; 203B.125
History: 43 SR 437

Minn. R. 8210.3000 Mail Balloting

Subpart 1. Scope.

This part applies to mail balloting conducted under Minnesota Statutes, sections 204B.45 and 204B.46. Except as otherwise provided in this part, parts 8210.0200 to 8210.2700 also apply to mail balloting. In unorganized territory, the county auditor shall perform the duties specified for the municipal clerk.

Subp. 2. Authorization.

The municipal governing body, school board, or county board may authorize mail balloting by resolution adopted no later than 90 days prior to the first election at which mail balloting will be used. If mail balloting is adopted pursuant to Minnesota Statutes, section 204B.45, the resolution remains in effect for all subsequent state and county elections until revoked. Revocation of the resolution may occur no later than 90 days before the next affected election. Authorization to conduct a special election pursuant to Minnesota Statutes, section 204B.46, expires after completion of the election.

Subp. 3. Notice.

The municipal clerk or school district clerk shall notify the county auditor of the adoption or discontinuance of mail balloting no later than two weeks after adoption or revocation of the resolution. The county auditor shall send a similar notice to the secretary of state for elections authorized pursuant to Minnesota Statutes, section 204B.45. The county auditor, municipal clerk, or school district clerk shall post notice of mail ballot procedures at least six weeks before each election. Notice of mail ballot procedures must include:

A. the name or description of the municipality or unorganized territory;

B. the date of the election and the dates that ballots will be mailed;

C. a statement that each voter registered by the 21st day before the election will be mailed a ballot;

D. the times, places, and manner in which voted ballots can be returned;

E. an explanation of how an eligible voter who is not registered may apply for a ballot and how a registered voter who will be absent from the precinct may apply to receive the ballot at a temporary address;

F. the place and time for counting of ballots; and

G. the name and address or telephone number of the official or office where additional information can be obtained. Before the first election at which mail balloting will be used or discontinued, notice must also be given by one or more of the following means: publication in a newspaper of general circulation, posting of notice at public locations within each precinct, dissemination of information through the media or at public meetings, or mailed notice to registered voters.

Subp. 4. Mailing ballots.

The county auditor, municipal clerk, or school district clerk shall mail ballots to the voters registered in the municipality or unorganized territory. A ballot mailing must be sent to each registered voter no earlier than 46 or later than 28 days prior to the election if mail balloting in the voter's precinct is proceeding pursuant to Minnesota Statutes, section 204B.45. No later than 14 days before the election, the auditor must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election.

A ballot mailing must be sent no earlier than 46 or later than 14 days prior to the election if a mail election is being conducted in the jurisdiction pursuant to Minnesota Statutes, section 204B.46. No later than 14 days before the election, the auditor or clerk must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election.

No ballot may be mailed to a challenged voter. A notice must be transmitted to challenged voters with an explanation of the challenge and with instructions on how they may apply for an absentee ballot if they believe their registration was challenged in error.

The mail balloting process for voters whose registrations are incomplete under Minnesota Statutes, section 201.061, subdivision 1a, or 201.121, must be administered as if the voter were not registered to vote. A notice must be transmitted to voters with incomplete registrations with instructions on how they may apply for an absentee ballot.

Ballots must be sent by nonforwardable mail. Ballots for eligible voters who reside in health care facilities may be delivered as provided in Minnesota Statutes, section 203B.11. The ballot mailing must be addressed to the voter at the voter's residence address as shown on the registration file unless the voter completes an absentee ballot request as provided in Minnesota Statutes, section 203B.04 or 203B.16.

A return envelope, a ballot secrecy envelope, and instructions for marking and returning mail ballots must be included with the ballots. The instructions must include a telephone number or electronic mail address which voters can call or write for help in mail voting. The instructions must also include a privacy notice that complies with Minnesota Statutes, section 13.04. At the request of the secretary of state, a survey card that the voter can return to the secretary of state must also be included. The ballot return envelope must be printed with the mail voter's certificate. The ballot return envelope must be addressed for return to the county auditor, municipal clerk, or school district clerk that is conducting the election. First class postage must be affixed to the return envelope.

Subp. 4a. Form of instructions to mail voters.

Instructions

How to vote by mail ballot

You will need:

1 Vote!

2 Seal your ballot in the tan ballot envelope

3 Put the tan ballot envelope into the white signature envelope

4 Fill out the white signature envelope completely

5 Return your ballot by Election Day to the address on the signature envelope

You have three options:

If you have questions, please call (...) ...-.... .

See other side for special instructions if you have a disability

Correcting a mistake

If you have a disability:

If you have a disability or cannot mark your ballot, your witness may assist you by marking your ballot at your direction, assembling the materials, and filling out the forms for you.

When signing the envelope, Minnesota law says you may:

Please note: Voting is not covered by power of attorney. A person with power of attorney may only sign for you in your presence as outlined above.

Subp. 4b. Form of mail voter's certificate.

I certify that on Election Day I will meet all the legal requirements to vote.

Witness must complete this section

I certify that:

Subp. 4c.

[Repealed, 25 SR 616]

Subp. 5. Nonregistered eligible voters.

An eligible voter who was not registered on the 21st day prior to the election may apply for and receive an absentee ballot. Absentee voting in precincts using mail balloting must be conducted under Minnesota Statutes, chapter 203B, except that the time for applying for, receiving, and returning absentee ballots is extended until 8:00 p.m. on the day of the election. The instructions to absentee voters must be those specified in part 8210.0500, subpart 3. The statement of absentee voter must be that specified in part 8210.0600, subpart 1b, or 8210.0800, subpart 3a. The absentee ballot return envelope must be as specified in parts 8210.0710 and 8210.0720.

Subp. 6. Replacement ballots.

The election official must maintain a record of all replacement ballots issued. The transmittal envelope must be labeled "REPLACEMENT BALLOT" in at least 18-point type.

Subp. 6a.

[Repealed, 34 SR 1561]

Subp. 7. Undeliverable ballots.

Ballots returned by the post office as undeliverable to the voter at the address of registration must be securely retained. If the auditor, municipal clerk, or school district clerk is able to verify the voter's residence at that address, the ballot may be reissued. A ballot undeliverable to the voter at the address of registration must be considered a returned notice of verification and the voter's registration must be treated as provided in Minnesota Statutes, section 201.12. The official conducting the election shall maintain a record of all undeliverable ballots.

If the ballot is returned by the post office prior to 20 days before the election with notification of the voter's new address within a jurisdiction holding a mail election, the auditor or clerk shall resend a ballot to the voter along with a return envelope. If the ballot is returned by the post office within 20 days before the election with notification of the voter's new address within a jurisdiction holding a mail election, the auditor or clerk shall transmit instructions on how the voter may apply for an absentee ballot.

If the ballot is returned by the post office within 20 days before the election with notification of the voter's new address within a jurisdiction holding a nonmail election, the auditor or clerk must transmit a notice via nonforwardable mail to the voter of how to register and vote at the proper polling location. This notice must be treated as a notice of late registration under part 8200.5100, subpart 1.

The auditor or clerk shall keep a list of individuals who are sent the second mailing after the rosters are printed and must provide a copy of that list to the ballot board for use in processing the returned ballots.

Subp. 7a. Voter registration applications after ballots have been mailed.

When a voter registration application is processed on a voter record where a ballot has been previously mailed, the original mail ballot record must be marked as "Spoiled" and the voter must be notified that the original mail ballot cannot be counted.

If the application is processed prior to 20 days before an election, a voter in a jurisdiction holding a mail election must also be provided a replacement ballot.

If the application is processed within 20 days prior to the election, a voter in a jurisdiction holding a mail election must be sent a notice of late registration that includes a notification that the original mail ballot cannot be counted and instructions on how the voter may apply for an absentee ballot.

If the application is processed within 20 days before an election, the notice of late registration sent to a voter in a jurisdiction holding a nonmail election must be notified that the original mail ballot cannot be counted and how to register and vote at the proper polling location.

Subp. 8. Returning ballots.

Mail ballots may be returned to the official conducting the election by mail, in person, or by designated agent. The official conducting the election must accept ballots returned in person, or by designated agent, until 8:00 p.m. on the day of the election. Ballots received after 8:00 p.m. on election day shall be marked as received late by the official conducting the election. An individual shall not be the designated agent of more than three absentee or mail voters in one election.

Subp. 9. Polling place and election judges.

The only polling place required for mail balloting is the office of the election official conducting the election. The number of voting stations set up in the office of the official conducting the election must be sufficient to accommodate the number of voters expected to vote in person on election day. On election day, the official conducting the election shall provide one or more secure drop boxes where voters can deposit return envelopes containing ballots. The governing body of the jurisdiction conducting the election shall designate a suitable location where the election judges can meet on election day to receive and count ballots. The location must be open for public observation of the counting of ballots. The governing body of the jurisdiction conducting the election shall appoint election judges as provided in Minnesota Statutes, sections 204B.19 to 204B.21. For state elections, the county auditor shall appoint election judges for mail ballot precincts and shall apportion the cost of the election judges among the precincts voting by mail in that election. The county auditor may delegate the authority to appoint election judges for precincts voting by mail in state elections to the municipal clerk. During the day of the election at least two election judges must be present at the office of the official conducting the election to accept mail ballots delivered in person and to process persons registering on election day. Additional judges may be appointed as needed. If the ballots are to be counted by hand and there are more than two questions or one office to be voted on, at least one judge must be appointed for the counting of ballots for every 500 persons from whom ballots are expected to be returned.

Subp. 10. Receiving and counting ballots.

On or before election day, the ballot board shall receive from the county auditor, municipal clerk, or school district clerk, returned ballots and applications for absentee ballots, records of replacement ballots, and the list of voters sent a second mailing of the ballot. The ballot board shall arrange to receive from the election official any additional ballots received in the mail or returned by a voter prior to 8:00 p.m. on election day. Ballots must be transported to the location where ballot processing and counting will occur in a sealed transfer case by two or more election judges of different major political parties unless the election judges are municipal clerks or deputy clerks, or the judges are exempt from this requirement pursuant to Minnesota Statutes, section 205.075, subdivision 4, or 205A.10, subdivision 2. During the receiving and counting of ballots, the ballots must at all times remain in the custody of two or more election judges of different major political parties, unless the election judges are municipal clerks or deputy clerks, or the election is exempt from this requirement pursuant to Minnesota Statutes, section 205.075, subdivision 4, or 205A.10, subdivision 2.

The secretary of state must provide a sample notice with a list of the possible reasons that a mail ballot may be rejected. The election official must keep a record of the date that the voter's ballot was rejected, the date the replacement ballot was issued to the voter, and the reason that the previous ballot was rejected. Rejected envelopes must be kept in a separate sealed container.

Subp. 11. Challenges.

Challengers appointed under Minnesota Statutes, section 204C.07 may be present while the election judges are examining and accepting or rejecting the return envelopes. Challenges must be made and determined as provided in Minnesota Statutes, section 204C.13, subdivision 6.

Subp. 12. Costs.

The governing body authorizing mail balloting shall pay the costs of the mailing. Costs of mailing include postage costs and the costs of printing required envelopes, instructions, affidavits, and mailing labels. Other expenses must be paid as provided in Minnesota Statutes, section 204B.32.

Subp. 13. Alternate forms.

The secretary of state may authorize the alternate use of envelopes and other forms related to mail elections.

History

Statutory Authority: MS s 14.388; 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 203B.14; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 12 SR 2142; 17 SR 8; 17 SR 351; 19 SR 593; 20 SR 2787; 23 SR 459; 25 SR 616; 29 SR 155; 34 SR 1561; 36 SR 1407; 38 SR 1368; 40 SR 1553; 50 SR 971

Chapter 8215 PRESIDENTIAL NOMINATION PRIMARY

Minn. R. 8215.0100 Scope

Except as provided in this chapter, the presidential nomination primary must be conducted and the results canvassed and returned in the manner provided by law for the state primary.

History

Statutory Authority: MS s 207A.11
History: 43 SR 437

Minn. R. 8215.0200 Ballots

Subpart 1. Form.

Except as provided in this part, presidential nomination primary ballots must be printed in the same manner as state primary ballots as far as practicable. There must be separate ballots for the names of the candidates of each major political party.

Subp. 2. Ballot heading.

At the top of the ballot, the words "Presidential Nomination Primary Ballot" followed directly below by "(party name) Party" must be printed.

Subp. 3. Candidates.

The chair of each major political party must submit to the secretary of state the names of the candidates to appear on that party's ballot. Any candidate name submitted by a chair of a major political party must:

A. be the candidate's true name or the name by which the candidate is commonly and generally known in the community; and

B. meet the requirements of Minnesota Statutes, section 204B.35.

Subp. 4. Order of candidates' names.

If a party chair has requested that its party ballot contain a place for a voter to indicate a preference for having delegates to the party's national convention remain uncommitted, the party must submit a phrase of no more than three words to be used on the ballot to represent this choice, and this choice must be rotated as a choice with candidate names.

Subp. 5. Order and form of write-in candidate lines.

If a party chair has requested that its party ballot contain a place for write-in candidates, below the name of the last candidate shall be placed a blank line, and on the blank line the voter may write the name of persons not printed on the ballot for whom the voter desires to vote. Above or below the write-in line, the words "write-in, if any" must appear in as large as practicable but no smaller than 6-point type and must be aligned next to the vote target.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 43 SR 437; 50 SR 971

Minn. R. 8215.0300 Polling Place Voting

Subpart 1. Form of roster.

At the presidential nomination primary, the polling place roster must also state: "I am in general agreement with the principles of the party for whose candidate I intend to vote, and I understand that my choice of a party's ballot will be shared with the chair of my selected major political party." This statement must appear separately from the statement certification included in part 8200.9115, subpart 1.

Subp. 2. Recording of political party.

The election judge must instruct each voter to read the statement required by Minnesota Statutes, section 204C.10, paragraph (b), on the presidential nomination primary polling place roster. After the voter has read the statement, the election judge must ask the voter the name of the major political party whose ballot the voter is requesting. The polling place roster must include a place for the voter to indicate the voter's party choice. The election judge or voter must record in the polling place roster or electronic roster the name of the major political party whose ballot the voter requested. After the voter's major political party choice has been recorded, the election judge shall instruct the voter to sign the polling place roster. The county auditor must include the major political party choice recorded on the roster when posting voting history for every person who voted in the presidential nomination primary in the statewide registration system.

Subp. 3. Refusal to indicate a major political party.

If a voter refuses to request the ballot of a single major political party, the election judge may refer the voter to instruction posters prepared for the presidential nomination primary by the secretary of state pursuant to Minnesota Statutes, section 204B.27. A voter who refuses to indicate a major political party must not be allowed to sign the polling place roster or cast a ballot.

Subp. 4. Voter receipts.

A voter's receipt must identify the major political party choice of the voter but may not distinguish the voter's major political party choice by color, shape, or size.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 43 SR 437; 50 SR 971

Minn. R. 8215.0400 Absentee Voting

Subpart 1. Scope.

Except as provided in this part, absentee voting for the presidential nomination primary must be conducted in the manner provided by chapter 8210 and Minnesota Statutes, chapter 203B, for the state primary.

Subp. 2. Application form.

A. The absentee application form prepared by the secretary of state for the presidential nomination primary must:

B. The absentee ballot oath must also contain the following statement: "I am in general agreement with the principles of the party for whose candidate I intend to vote, and I understand that my choice of a party's ballot will be shared with the chair of my selected major political party."

Subp. 3. Receipt of application.

Upon receipt of an absentee ballot application for the presidential nomination primary meeting the requirements of subpart 2, the county auditor or municipal clerk shall immediately verify that the voter has indicated the major political party whose ballot the voter is requesting. If the voter has not indicated a major political party choice, the application must be returned to the voter. A presidential nomination primary absentee ballot must not be transmitted to any voter who has not indicated which major political party's ballot the voter has requested to receive.

Subp. 4. Uniformed and overseas citizens.

For voters with a current Federal Post Card Application or other absentee application pursuant to the Uniformed Overseas Citizens Absentee Voting Act, United States Code, title 52, sections 20301 to 20310, which does not contain the voter's major political party choice, the county auditor must contact the voter by electronic mail, United States mail, or phone between 63 and 48 days before the presidential nomination primary and attempt to collect the voter's political party choice for purposes of the presidential nomination primary. A voter must not be sent a presidential nomination primary ballot until the voter has communicated a party choice by electronic mail, United States mail, or phone.

Subp. 5. Receipt of Federal Write-in Absentee Ballots.

A. If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post Card Application containing the voter's major political party choice was received, the county auditor must accept or reject the ballot in accordance with Minnesota Statutes, section 203B.24.

B. If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post Card Application containing the voter's major political party choice was not received, and a major party candidate or major party write-in candidate can be ascertained, and the voter has not already voted, the county auditor must accept the Federal Write-in Absentee Ballot.

C. If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post Card Application containing the voter's major political party choice was not received, and a major party candidate or major party write-in candidate cannot be ascertained, or the voter has already voted, the county auditor must reject the ballot.

Subp. 6. Using the registration system.

Upon accepting an application for the presidential nomination primary, the county auditor or municipal clerk shall record in the statewide voter registration system the voter's name, date of birth, address of residence in Minnesota, mailing address, Minnesota driver's license or state identification number, or the last four digits of the voter's Social Security number, if provided by the voter, and the voter's major political party choice. When applicable, the county auditor or municipal clerk must immediately record that a voter's absentee ballot has been accepted in the statewide registration system.

Subp. 7. Change of major party choice.

A voter who has returned a ballot may change the voter's choice of which major political party ballot the voter wishes to receive by spoiling the voter's ballot and submitting a new application indicating the major political party ballot the voter is requesting until the close of business on the 19th day before the election. A ballot cast under the alternative procedures provided in Minnesota Statutes, section 203B.081, cannot be spoiled after it has been deposited in the ballot box.

Subp. 8. Notation on polling place roster.

When marking rosters to indicate that a voter has already cast a presidential nomination primary ballot pursuant to Minnesota Statutes, section 203B.121, subdivision 3, paragraph (b), the voter's major political party choice must be recorded on the polling place roster at the same time.

Subp. 9. Instructions for voters.

In addition to instructions provided in part 8210.0500, the following instruction must be included in instruction "1 Vote!": "The party ballot you received is based on the party you selected on the application form. You may receive the ballot of only one major political party. If you received the incorrect ballot, contact your election office at (email) or (phone number)."

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 43 SR 437; 50 SR 971

Minn. R. 8215.0500 Mail Balloting

Subpart 1. Scope.

Except as provided in this part, a precinct authorized under Minnesota Statutes, section 204B.45, to provide balloting by mail must conduct the presidential nomination primary in the same manner as the state primary as provided in chapter 8210 and Minnesota Statutes, section 204B.45.

Subp. 2. Mailing ballots.

The county auditor shall mail the ballots of each major political party to applicable registered voters. A voter may return only one major party ballot. The mail voter's certificate on the return envelope must provide a place for the voter to indicate the major political party whose ballot the voter has enclosed in the secrecy envelope.

Subp. 3. Form of instructions to mail voters.

Notwithstanding part 8210.3000, subpart 4a, the form of instructions to mail voters to be used in a presidential nomination primary must substitute the following instructions:

How to vote by mail ballot

You will need:

1 Vote!

2 Seal only one voted ballot in the tan ballot envelope

3 Put the tan ballot envelope into the white signature envelope

4 Fill out the white signature envelope completely

5 Return your ballot by Election Day to the address on the signature envelope

You have three options:

See other side for special instructions if you have a disability

Correcting a mistake

If you have a disability:

If you have a disability or cannot mark your ballot, your witness may assist you by marking your ballot at your direction, assembling the materials, and filling out the forms for you.

When signing the envelope, Minnesota law says you may:

Please note: Voting is not covered by power of attorney. A person with power of attorney may only sign for you in your presence as outlined above.

Subp. 4. Additional instructions for mail voters where an additional mailing envelope is used.

In those precincts where an additional white return envelope is used to protect from view the information contained on the signature envelope, the list under "You will need" in subpart 3 must also include:

A new instruction 5 must be inserted and subsequent instructions renumbered. The new instruction 5 must read:

5 Put the signature envelope into the large white return envelope to protect your information from view

The heading of renumbered instruction 6 must now read:

6 Return your ballot by Election Day to the address on the return envelope

Subp. 5. Form of mail voter's certificate.

Notwithstanding part 8210.3000, subpart 4b, the form of the mail voter's signature certificate to be used in a presidential nomination primary must be as follows:

I certify that:

Subp. 6. Checklist for mail voters.

Jurisdictions choosing to use an additional white return envelope to protect from view the information contained on the signature envelope must have the following words printed on the exterior of the white return envelope:

"Have you . . .

Subp. 7. Change of major party choice.

Until the close of business on the 19th day before the election, a voter may change the voter's choice of which major political party ballot the voter requested by spoiling the voter's ballot and requesting that the county transmit to the voter replacement ballots.

Subp. 8. Receiving and counting ballots.

The ballot board must examine the mail voter's certificate to verify the voter has indicated the major political party whose ballot the voter has enclosed in the secrecy envelope, record that party in the statewide voter registration system, and sort the ballots by political party. If a major political party was not indicated, or more than one party was indicated, the ballot board must reject the ballot. If a voter voted on and returned a major political party ballot different than the major political party that the voter indicated on the voter's certificate, or if the voter voted on and returned more than one major political party ballot, the ballot board must spoil and must not count the ballot or ballots.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 43 SR 437; 50 SR 971

Minn. R. 8215.0600 Election Judge Training

Subpart 1. Election judge training.

To serve as an election judge in a presidential nomination primary, an individual must meet the requirements of part 8240.1300 and within 60 days of the presidential nomination primary successfully complete a one-hour training course that includes content on presidential primary procedures.

Subp. 2. Head election judge training.

To serve as a head election judge in a presidential nomination primary, an individual must meet the requirements of part 8240.1350 and within 60 days of the presidential nomination primary successfully complete a one-hour training course that includes content on presidential nomination primary procedures.

Subp. 3. Health care facility absentee voting training.

To serve as a health care facility election judge in a presidential nomination primary, an individual must meet the requirements of part 8240.1400 and within 60 days of the presidential nomination primary successfully complete a one-hour training course that includes content on presidential nomination primary procedures.

History

Statutory Authority: MS s 207A.11
History: 43 SR 437

Minn. R. 8215.0700 Local Reimbursements

Subpart 1. Eligibility determination.

Except as otherwise provided by law, before the secretary of state reimburses a county or municipality for an expense incurred to administer the presidential nomination primary that is not specifically authorized by Minnesota Statutes, section 207A.15, subdivision 1, paragraph (a), the secretary of state must determine that the expense is approved for reimbursement under subpart 2.

Subp. 2. Eligible expenses.

For purposes of Minnesota Statutes, section 207A.15, subdivision 2, the following expenses related to administering the presidential nomination primary incurred by a county or municipality are approved for reimbursement:

A. costs, including envelopes, printing, postage, and associated courier fees related to the distribution and processing of military and overseas voter ballots and ballot materials;

B. costs, including envelopes, printing, postage, and associated courier fees related to the distribution and processing of mail ballots and ballot materials;

C. costs, including envelopes, printing, postage, and associated courier fees related to the distribution and processing of absentee ballot materials;

D. costs, including envelopes, printing, and postage, for distribution of absentee ballot applications for voters on the permanent absentee list, as described in Minnesota Statutes, section 203B.04, subdivision 5;

E. costs associated with preparation of an absentee voting location as a polling place, not to exceed $150 per polling place;

F. costs associated with preparation of electronic voting systems for absentee polling places, not to exceed $100 per polling place;

G. costs for distribution and publication of statutorily mandated public notices;

H. mileage for travel in preparation for election day or on election day related to:

I. costs for purchase of materials for any additional election judge training specific to the presidential nomination primary;

J. compensation for election judges completing required election judge training for preparation for the presidential nomination primary, not to exceed three hours;

K. compensation for election judges completing required health care facility training, not to exceed one hour;

L. parking reimbursement for election judges on election day;

M. costs related to the transportation of election equipment or polling place materials, including car or truck rental fees;

N. costs, including envelopes, printing, and postage, for the distribution of election judge materials;

O. costs associated with ensuring the security and safety of the public at the polling place;

P. costs, including storage rental fees, associated with the physical storage of presidential nomination primary records for at least 22 months from the date of the election, as prescribed in Minnesota Statutes, section 204B.40;

Q. costs associated with supplies purchased or rented for the assembly and support of the polling place; and

R. costs, including secured Internet and phone connections, associated with securing communications at the polling place.

Subp. 3. Reimbursement amount.

The secretary of state must not reimburse a county or municipality for an amount exceeding the actual documented cost of an item listed in subpart 2.

History

Statutory Authority: MS s 207A.11
History: 48 SR 59

Chapter 8220 VOTING SYSTEM TESTING

Minn. R. 8220.0050 Conduct of Elections

Except as provided in chapters 8220 and 8230 or in Minnesota Statutes, elections shall be conducted in the manner prescribed for precincts using paper ballots in the Minnesota election law.

History

Statutory Authority: MS s 204D.11; 206.57; 206.81
History: 10 SR 1690; 20 SR 2787; 23 SR 459; 25 SR 616

Minn. R. 8220.0100 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8220.0150 Minimum Standards

Chapters 8220 and 8230 set minimum standards for procedures in the use of electronic voting systems. An election jurisdiction may by resolution require additional procedures.

History

Statutory Authority: MS s 206.57; 206.81; 206.82
History: 10 SR 1690; 20 SR 2787; 23 SR 459; 25 SR 616

Minn. R. 8220.0200 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8220.0250 Definitions

Subpart 1. Scope.

As used in chapters 8220 and 8230, terms defined in Minnesota Statutes, section 206.56, have the meanings given them in that section, and the following terms defined in this part have the meanings given them.

Subp. 1a. Audit trail.

"Audit trail" means any documentation of changes made to voting system programming, the incident report, and the report generated by an electronic voting system on election day.

Subp. 2.

[Repealed, 25 SR 616]

Subp. 2a.

[Repealed, 25 SR 616]

Subp. 3.

[Repealed, 23 SR 459]

Subp. 3a. Ballot counter.

"Ballot counter" means an automatic tabulator that is capable of counting votes on ballots as they are deposited into the tabulator.

Subp. 3b. Ballot secrecy cover.

"Ballot secrecy cover" means a cover to be used by the voter to conceal the votes marked on the ballot.

Subp. 4.

[Repealed, 23 SR 459]

Subp. 4a. Ballot style.

"Ballot style" means a unique ballot format prepared for use in one or more precincts in which all ballot information is identical.

Subp. 5.

[Repealed, 23 SR 459]

Subp. 5a. Central count voting system.

"Central count voting system" means an electronic voting system designed for and certified by the secretary of state for use in a central counting center.

Subp. 5b. Central counting center.

"Central counting center" means a place selected by the governing body of an election jurisdiction where an electronic voting system is used to count ballots from more than one precinct after voting hours have ended.

Subp. 6.

[Repealed, 23 SR 459]

Subp. 7.

[Repealed, 25 SR 616]

Subp. 8.

[Repealed, 23 SR 459]

Subp. 9.

[Repealed, 23 SR 459]

Subp. 10.

[Repealed, 25 SR 616]

Subp. 11. Demonstration ballot.

"Demonstration ballot" means a ballot of a distinctive color used to instruct voters in the use of the voting system.

Subp. 12.

[Repealed, 23 SR 459]

Subp. 13.

[Repealed, 23 SR 459]

Subp. 14. Duplicate ballot.

"Duplicate ballot" means a ballot on which the word "DUPLICATE" is printed, stamped, or written to which election judges transfer a voter's selections from the original ballot when necessary.

Subp. 15. Edit listing.

"Edit listing" means a computer-generated listing showing, in the order that they appear in the computer program for each precinct, the offices and questions to be voted on and the candidates' names.

Subp. 16. Election jurisdiction.

"Election jurisdiction" means any municipality, school district, county, or special election district having responsibility for operating electronic voting systems to be used at an election.

Subp. 17.

[Repealed, 25 SR 616]

Subp. 18. Header card.

"Header card" means a special ballot used to initiate voting, end voting, or enable tabulation of absentee ballots.

Subp. 18a. Incident report.

"Incident report" means a record made by election judges in the polling place on election day of unusual events that occurred in that polling place on election day.

Subp. 19.

[Repealed, 23 SR 459]

Subp. 20.

[Repealed, 25 SR 616]

Subp. 21. Overvote.

"Overvote" means a condition of a voted ballot in which more votes have been cast for an issue or office than the number of votes that the voter is lawfully entitled to cast.

Subp. 22.

[Repealed, 23 SR 459]

Subp. 22a. Precinct counting center.

"Precinct counting center" means a precinct where a precinct count voting system is used to count votes on ballots at the precinct polling place as voters deposit the ballots into the ballot box.

Subp. 22b. Precinct count voting system.

"Precinct count voting system" means an electronic voting system designed to store ballot configurations and vote totals on a removable memory unit and to tabulate ballots at the precinct polling place as voters deposit the ballots into the ballot box.

Subp. 23.

[Repealed, 25 SR 616]

Subp. 24. Public accuracy test.

"Public accuracy test" means a public test conducted prior to election day for the purpose of demonstrating the accuracy of the computer program and voting system which will be used to count the ballots and to demonstrate and explain the testing procedures being used to determine the accuracy.

Subp. 25.

[Repealed, 23 SR 459]

Subp. 25a.

[Repealed, 25 SR 616]

Subp. 26. Self-contained voting station.

"Self-contained voting station" means a unit that when assembled creates a private space enclosed beneath and on three sides and with adequate lighting in which a voter may mark a ballot.

Subp. 27.

[Repealed, 25 SR 616]

Subp. 28.

[Repealed, 23 SR 459]

Subp. 28a. Summary statement.

"Summary statement" means the certification supplied by the election jurisdiction to each precinct on which to record the information required by Minnesota Statutes, section 204C.24, subdivision 1, and any other information requested by the election jurisdiction or the secretary of state.

Subp. 29.

[Repealed, 23 SR 459]

Subp. 30. Test deck.

"Test deck" means a set of preaudited mock voted ballots used to determine that the voting system and software to be used in the election accurately count and process the votes.

Subp. 31.

[Repealed, 25 SR 616]

Subp. 32.

[Repealed, 25 SR 616]

Subp. 33. Undervote.

"Undervote" means a condition of a voted ballot in which fewer votes have been cast for an issue or office than permitted by law.

Subp. 34.

[Repealed, 25 SR 616]

Subp. 35. Vendor.

"Vendor" means an individual or organization other than an election jurisdiction supplying any element of an electronic voting system, including but not limited to hardware, software, and programming services.

Subp. 36.

[Repealed, 25 SR 616]

Subp. 37.

[Repealed, 23 SR 459]

Subp. 38.

[Repealed, 25 SR 616]

History

Statutory Authority: MS s 206.57; 206.81; 206.82
History: 10 SR 1690; 20 SR 2787; 23 SR 459; 25 SR 616

Minn. R. 8220.0300 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8220.0325 Timing

All applications for examination and initial certification of electronic voting systems must be submitted to the secretary of state between December 1 of an even-numbered year and December 1 of the following odd-numbered year. Applications for reexamination and recertification of electronic voting systems hardware or software may be submitted to the secretary of state at any time except between June 1 and December 1 of an even-numbered year.

History

Statutory Authority: MS s 206.57; 206.81
History: 23 SR 459; 34 SR 1561

Minn. R. 8220.0350 Application

An application by a vendor pursuant to Minnesota Statutes, section 206.57, for examination of an electronic voting system must be accompanied by the following:

A. a signed agreement that the vendor will pay all costs incurred by the secretary of state, the vendor, and any designees of the secretary of state in accomplishing the examination;

B. complete specifications of all hardware, firmware, and software;

C. all technical manuals and documentation related to the system;

D. complete instructional materials necessary for the operation of the equipment by election jurisdictions and a description of any training available to users and purchasers;

E. a list of all state election authorities that have tested and approved the system for use;

F. a list of all election jurisdictions where the system has been used for elections;

G. a description of any support services offered by the vendor and of all peripheral equipment that can be used in conjunction with the system;

H. recommended procedures for use of the system at Minnesota elections including procedures necessary to protect the integrity of the election;

I. specifications for materials and supplies required to be used with the system;

J. specifications for stickers for write-in votes that can be used with the system;

K. explanation of the level of technical expertise required to program or prepare the system for use at an election; and

L. certification by an independent testing authority approved by the secretary of state of conformance to standards for voting equipment issued by the Federal Election Commission. The vendor may submit additional material including test reports and evaluations by other states, election jurisdictions, and independent testing agencies. The secretary of state shall make a preliminary review of the application. If the secretary of state determines from the preliminary review that the system obviously does not meet provisions of Minnesota election laws, the vendor may withdraw the application.

History

Statutory Authority: MS s 206.57; 206.81; 206.82
History: 10 SR 1690; 23 SR 459; 25 SR 616

Minn. R. 8220.0400 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8220.0450 Acceptance Demonstration

The vendor shall train a designee of the secretary of state in the preparation and operation of the system. The training must be at least as extensive as the training required for an election jurisdiction to be able to prepare and use the system at Minnesota elections.

The acceptance demonstration must be provided by the vendor and attended by designees of the secretary of state. The vendor is responsible for demonstrating that the system can meet all requirements of chapters 8220 and 8230 and Minnesota election law. In the acceptance demonstration, the vendor of the system must demonstrate the following concerning the system:

A. its storage requirements;

B. its speed of operation under conditions that simulate the scope and length of actual election ballots;

C. full audit capability, with an audit trail, which includes a printout of overvotes and undervotes for each office and issue, and with the undervotes recorded directly from the ballots and not determined by subtraction of totals from ballots that were not overvoted;

D. all features that can be programmed;

E. all design specifications;

F. maximum numbers of precincts, offices and issues, and candidates per office which can be handled;

G. the production of reports which include vote totals and all statistics and other information required by the secretary of state;

H. simulation of vote counting involving a configuration of the largest number of voters, precincts, offices, and candidates with which the system is expected to be used, which vote counting includes ballots showing overvotes, undervotes, and invalid votes as well as those with no overvotes or stray marks, in many different combinations, and demonstrates rotation sequences and the ability to count votes cast on the partisan, nonpartisan, and proposal sections of the ballot independently;

I. accuracy of vote counting and procedures or process for testing accuracy;

J. provisions for maintaining the security and integrity of elections; and

K. provisions for write-in votes. The vendor shall identify all hardware configurations with which software is intended to operate and shall provide an acceptance demonstration for every hardware and software configuration for which certification for use in Minnesota is requested. The secretary of state may provide additional ballots or test decks for the acceptance demonstration. The acceptance demonstration and training of the secretary of state's designee may be accomplished either at the vendor's site or at the office of the secretary of state.

History

Statutory Authority: MS s 206.57; 206.81; 206.82
History: 10 SR 1690; 23 SR 459; 25 SR 616

Minn. R. 8220.0500 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8220.0550 Testing and Examination

The secretary of state shall investigate and evaluate the experience of other states and election jurisdictions using the system. The secretary of state shall review the results of the acceptance demonstration and perform additional tests as the secretary deems necessary. The additional tests may include field testing at simulated or actual elections, technical evaluation of the hardware and software by a designee of the secretary of state, and experimental use as provided in Minnesota Statutes, section 206.81. In determining the need for and extent of additional examination, the secretary of state shall consider the record of use in other states and the extent and experience of use in Minnesota of similar systems.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 23 SR 459

Minn. R. 8220.0650 Approval of Systems

Subpart 1. Certification.

If, from the reports of the demonstration and testing, the secretary of state determines that the system complies with chapters 8220 and 8230 and Minnesota Statutes and can be used safely at elections, the secretary of state shall issue to the vendor a certification of the system for use in Minnesota. The certification must be limited to specific hardware and software configurations and may not extend to models or configurations not examined. The certification may include stipulations or special procedures for use of the system. No certification may be issued until the vendor has:

A. paid all costs of the examination required under the agreement submitted with the application;

B. certified that the vendor and any agent acting on behalf of the vendor will offer the system for use or sale only according to chapters 8220 and 8230 and Minnesota Statutes and any stipulations of the certification;

C. certified that the vendor will immediately notify the secretary of state of any modifications to the system and will not offer for sale or provide for use in Minnesota any modified system if the secretary of state advises the vendor that, in the opinion of the secretary, the modifications constitute a significant change requiring that the system be reexamined;

D. deposited with an escrow agent a copy of all programs, documentation, and source codes; and

E. deposited with the secretary of state a bond in the amount specified in Minnesota Statutes, section 206.57, subdivision 4, conditioned on the vendor offering the system for sale in the manner required by chapters 8220 and 8230 and any conditions under which the system is certified for use in Minnesota. The form and execution of the bond must be acceptable to the secretary of state. Bonds must be issued by corporations authorized to contract as a surety in Minnesota. This bond is not in lieu of any right of action by the purchaser or the state of Minnesota against the vendor or the surety. The bond is required until the adoption, use, or purchase of the system or program is discontinued in Minnesota.

Subp. 2. Decertification.

If a voting system no longer meets the standards of chapters 8220 and 8230 or Minnesota Statutes, the secretary of state may withdraw certification of the voting system. The vendor must be given written notification of intent to withdraw certification and may within ten days of receipt of the notification submit a written request to the secretary of state for a contested case hearing under Minnesota Statutes, sections 14.57 to 14.62.

Subp. 3. Forfeiture of bond.

If the secretary of state determines that a vendor has offered for sale or use at an election a voting system in a manner other than that required by chapters 8220 and 8230 or any conditions under which the system was certified, the bond required by subpart 1, item E, must be forfeited. The secretary of state shall notify the vendor of the intent to forfeit the bond in writing and provide the vendor an opportunity to furnish a written explanation to the secretary of state prior to forfeiture. No system may be subsequently offered for sale or use at an election by the vendor who has received a notice of intent to forfeit the bond or whose bond has been forfeited, until the vendor has submitted an additional bond in the amount of $50,000. The secretary of state shall notify each official on the user list of a receipt, forfeiture, or restoration of these bonds.

History

Statutory Authority: MS s 206.57; 206.81; 206.82
History: 10 SR 1690; 12 SR 1712; 12 SR 2426; 23 SR 459; 25 SR 616

Minn. R. 8220.0700 Reexamination and Recertification of Hardware and Software

After an electronic voting system has been certified by the secretary of state, the hardware and software necessary to operate the voting system, tabulate votes, and prepare ballot styles must be reexamined and recertified under part 8220.0650, subpart 1, by the secretary of state at any time that, in the opinion of the secretary of state, changes in Minnesota election law require reexamination of the voting system to determine continued compliance.

A modification to hardware or software of an electronic voting system which has been certified by the secretary of state must be submitted for reexamination and be recertified under part 8220.0650 unless the modification has been determined to be de minimis by an independent testing authority.

The vendor must notify the secretary of state of all de minimis modifications, provide the de minimis determination from an independent testing authority and receive a letter of acceptance of the de minimis modifications from the secretary of state before the modified electronic voting system may be used in an election.

History

Statutory Authority: MS s 206.57; 206.81; 206.82
History: 23 SR 459; 25 SR 616; 34 SR 1561

Minn. R. 8220.0750 Preparation of Computer Programs

Computer programs must be prepared so as to tabulate accurately each voter's choices for all candidates, offices, and measures for which the voter is lawfully entitled to vote in conformity with chapters 8220 and 8230 and the laws of Minnesota.

Computer programs must require an electronically readable precinct identifier or ballot style indicator on all ballots.

The vote tabulation portion of the computer program must be prepared as follows:

A. The computer program must reflect the rotation sequence of the candidates' names as they appear on the ballots in the various precincts.

B. The computer program must reflect the offices and questions to be voted on in the order that they appear on the ballots in the various precincts.

C. The computer program must count valid votes cast by a voter for candidates for an office.

D. The computer program must count valid votes cast by a voter for or against any question.

E. The computer program must not count the votes cast by a voter for an office or question if the number of votes cast exceeds the number which the voter is entitled to vote for on that office or question, but it must record that there is an overvote condition as referred to in part 8220.0450, item C.

F. The computer program must ignore stray marks on a ballot; these marks must have no effect on any portion of the ballot.

G. For the purpose of programming, the partisan, nonpartisan, and proposal sections of the ballot are independent ballots; no action of a voter on one section of the ballot may affect the voter's action on another section of the ballot.

H. In partisan primary elections, the computer program must count the votes recorded by a voter for candidates in one political party only and reject all of the partisan section of the ballot if votes are cast for candidates of more than one political party, but count valid votes in the nonpartisan section of the ballot.

I. In partisan primary elections the computer program must check for the situation of a voter casting votes for candidates of more than one political party prior to checking for overvote conditions.

J. If the counting equipment can examine and return a ballot to the voter before counting it, the computer program must check for and reject without counting any ballot with an overvote or, at a partisan primary, with votes cast for candidates of more than one party. When the ballot is returned to a voter, an error message must indicate the type of defect and may indicate the specific office or question where the defective condition was found. The error message must print on a paper tape or display electronically.

K. A mark indicating a write-in is a vote for the purpose of determining if an overvote condition exists. Except where an overvote condition for the office exists, the computer program must record that a write-in has been indicated. The program must count and record valid votes on the ballot for all other offices and questions before a ballot with a write-in recorded is separated from ballots with no write-ins recorded. The program must report, by office, the total number of write-ins recorded.

History

Statutory Authority: MS s 206.57; 206.81; 206.82
History: 10 SR 1690; 11 SR 454; 23 SR 459; 25 SR 616

Minn. R. 8220.0800 Program Preparation Bonds

Subpart 1. Amount of bonds.

Each vendor preparing programs for use with an electronic voting system shall deposit a bond with the secretary of state in the amount of $5,000. The form of the bond must be acceptable to the secretary of state. Bonds must be issued by corporations authorized to contract as a surety in Minnesota. This bond is not in lieu of any right of action by the purchaser or the state of Minnesota against the vendor or the surety. The bond is required until the adoption, use, or purchase of the system or program is discontinued in Minnesota.

Subp. 2. Forfeiture of bonds.

If the secretary of state determines that a program used with an electronic voting system was not prepared in the manner required by chapters 8220 and 8230 and the written instructions of the official responsible for preparation of the ballots, the bond must be forfeited to the extent necessary to cover actual expenses resulting from the failure of the program. The secretary of state shall determine within 45 days after receiving notification of the failure of a program and a request for reimbursement of expenses resulting from the failure of the program from the appropriate election officials, what actual costs were incurred as a result of the program failure. The secretary of state shall notify the vendor of the intent to forfeit the bond in writing and provide the vendor an opportunity to furnish a written explanation to the secretary of state prior to forfeiture. If required to meet actual expenses in excess of the amount of the bond posted under subpart 1, the secretary of state shall use, to the extent necessary, any bond posted by the vendor under part 8220.0650 as compensation to the election jurisdiction. The secretary of state shall notify each official on the user list of any receipt, forfeiture, or restoration of these bonds.

History

Statutory Authority: MS s 206.57; 206.81; 206.82
History: 12 SR 2426; 23 SR 459; 25 SR 616

Minn. R. 8220.0825 Candidate Rotation Algorithm

Subpart 1. Base rotation.

The secretary of state shall determine the base rotation of candidates' names for partisan offices voted on at the state primary election. The county auditor shall determine the base rotation of candidates' names for all other offices for which rotation is required. The county auditor may delegate the authority to determine the base rotation of candidates' names for municipal and school district offices to the municipal and school district clerks, respectively. The base rotation must be determined by assigning the initial order of the candidates' names by lot.

Subp. 2. Base number of registered voters.

For purposes of the rotation algorithm, the county auditor shall determine the number of registered voters in each precinct as of 8:00 a.m. on May 1 of the election year.

Subp. 3. Algorithm.

The algorithm in items A to F must be used to determine the rotation sequence for each race for which rotation is required.

A. Determine the base rotation.

B. Determine which precincts belong to the race being rotated.

C. Arrange the precincts in order of the number of registered voters, from largest number to smallest.

D. Calculate the number of rotations needed by determining the number of candidates for the office.

E. Starting with the largest precinct, assign a precinct to each rotation. If there are more candidates than precincts, stop after the last precinct has been assigned and go on to item F. If there are more precincts than candidates, keep a running subtotal of the total registered voters assigned to each rotation. After each rotation has been assigned one precinct, assign the next largest precinct to the rotation with the lowest subtotal. Continue assigning the next largest precinct to the rotation with the lowest subtotal until all precincts for that race have been assigned.

F. Print a report by race showing rotation subtotals.

History

Statutory Authority: MS s 205.17; 206.57; 206.81; 206.84; 447.32
History: 23 SR 459; 34 SR 1561

Minn. R. 8220.0850 Schedule for Completing Programs

No later than five days after candidates' names are certified by the secretary of state, the election jurisdiction responsible for requesting the computer program must supply any information such as candidates' names and base rotation and the order of offices and questions to be voted on to the individuals designated to prepare the computer program. The official conducting the election also shall supply the programmers with the rotation algorithm in part 8220.0825 or other instructions regarding the proper rotation sequence for the ballots.

The computer program for any election and an exact duplicate of the program for use as backup must be completed and delivered to the election jurisdiction or the county auditor in charge of a common central counting center at least 21 days prior to the election.

History

Statutory Authority: MS s 206.57; 206.81; 206.82
History: 10 SR 1690; 20 SR 2787; 23 SR 459

Minn. R. 8220.0950 [Repealed, 34 SR 1561]

[Repealed, 34 SR 1561]

Minn. R. 8220.1000 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8220.1050 Preparation of Test Deck

The election jurisdiction requesting the computer program must prepare a test deck of ballots to be used to determine that the voting system and the computer program will correctly mark or count the votes cast for all offices and all proposals in compliance with the Minnesota election law.

The test deck must conform to part 8220.1150. A test deck must be prepared specifically for each election.

The test deck prepared must consist of a preaudited configuration of ballots to record a predetermined number of valid votes for each candidate and issue.

History

Statutory Authority: MS s 206.57; 206.81; 206.82
History: 10 SR 1690; 23 SR 459; 25 SR 616; 34 SR 1561

Minn. R. 8220.1100 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8220.1150 Test Ballots

All test ballots must be marked in a manner to indicate they are test ballots.

Ballots must be prepared having votes in excess of the number allowed by law for each office and proposal appearing on the ballot.

For district offices in which the number of candidates appearing on the ballot for that office varies by district, test ballots must be prepared with the number of votes allowed by law for that office in that district.

In partisan primary elections test ballots must be prepared to check the program for splitting tickets. Test ballots must be prepared with votes appearing in the same ballot for candidates of opposite political parties, nonpartisan candidates, and proposals. At least one ballot must be prepared with votes for one party and including votes for a nonpartisan office in excess of the number permitted by law.

In preparing the test deck, a number of the ballots must be voted to include valid votes in the partisan, nonpartisan, and proposal sections of the ballot. The test deck must include ballots involving no overvotes or marks in unassigned locations, valid votes for each candidate and ballot question, overvotes, undervotes, and invalid votes in many different combinations.

At least one test ballot must be prepared in which marks appear in the precinct identifier or ballot style indicator.

At least one test ballot must be included that is folded, as if it were mailed.

At least one test ballot marked by a different pen must be included.

Blank ballots in which no positions have been voted must be included in the test deck.

When required to be used in an election pursuant to Minnesota Statutes, section 206.57, subdivision 5, the test deck must include a number of ballots marked by an electronic ballot marker sufficient to have marked all vote targets on the ballot in every precinct.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 10 SR 1690; 17 SR 8; 23 SR 459; 34 SR 1561; 50 SR 971

Minn. R. 8220.1200 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8220.1250 [Repealed, 23 SR 459]

[Repealed, 23 SR 459]

Minn. R. 8220.1300 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8220.1350 Preliminary Testing of Computer Programs

Prior to the public accuracy test, the election jurisdiction providing the computer programs shall test the voting systems and programs to ascertain that they will correctly mark or count the votes for all offices and measures. The computer programs must be tested on all precincts.

The election jurisdiction shall compare the zero tape with the ballots of all precincts to ascertain that the appropriate ballots are in each precinct and that the offices and questions to be voted on and the candidates' names are in the order that they appear on the ballots for each precinct. Each election jurisdiction shall make a certificate as to the above matters and file it with the county auditor.

The test must be conducted using the test deck prepared under the direction of the election jurisdiction, and the results must be compared against the predetermined results of the test deck.

History

Statutory Authority: MS s 206.57; 206.81; 206.82; 206.882
History: 10 SR 1690; 11 SR 454; 23 SR 459; 25 SR 616; 34 SR 1561

Minn. R. 8220.1400 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8220.1450 Duties Upon Completion

After an errorless count has been made on all precincts, the election jurisdiction providing the computer program must:

A. secure all computer programs, all support software used except the operating system, test decks, test results, and predetermined results of the test decks in a sealed container stored in a secured area;

B. secure all memory units containing the election program;

C. secure a duplicate copy of all computer programs, including support software and application programs, in a location separate from the working copy; and

D. prepare a certificate that all precincts have been tested using the test deck prepared under the direction of the election jurisdiction and that the results agree with the predetermined results of the test deck. The certificate must contain the numbers of any seals used to seal the container or memory units and may be combined with the certificate required in part 8220.1750.

History

Statutory Authority: MS s 206.57; 206.81; 206.82
History: 10 SR 1690; 20 SR 2787; 23 SR 459; 25 SR 616

Minn. R. 8220.1550 Public Accuracy Test

In order to demonstrate the accuracy of the computer programs and voting systems to be used at an election, the election jurisdiction must hold a public accuracy test at least three days prior to the voting equipment being used. A ballot-marking device used for absentee voting must be tested according to part 8220.1350. The public accuracy test must be conducted according to Minnesota Statutes, section 206.83.

The time and place of the public accuracy test must be designated by the election jurisdiction providing the computer program, which must give at least five days' public notice of the time and place of the test by publication in official newspapers and by posting a notice in the office of the county auditor and each local election official conducting the test.

The test must be open to the public. At least two election judges of different political parties must witness the test. The chief election official of the election jurisdiction shall explain the methods and test procedures used to determine the accuracy of the computer programs. This will include submitting as public record the certificate prepared in accordance with part 8220.1450 that all precincts have been tested using the test deck prepared under the direction of the election jurisdiction.

The sealed container containing the computer programs, test deck, and predetermined results must be opened and the computer programs tested to determine their accuracy on the voting systems on which they are to be used on election day. The testing of the voting systems and programs must be with the test deck prepared under the direction of the election jurisdiction. In election jurisdictions with three or fewer precincts, all the precincts must be tested. In election jurisdictions with more than three precincts, a minimum of three precincts must be tested. The precincts must be tested on at least one of each unique model of voting equipment used by the election jurisdiction. One precinct from each congressional district, legislative district, county commissioner district, ward, and school district on the ballot must be tested. The official conducting the election shall select the precincts to be tested.

If an error is detected in any part of the testing, the cause must be ascertained, the error corrected, and an errorless count must be made on all precincts. At the discretion of the election jurisdiction, the meeting may be adjourned to a time and date certain.

This rule does not apply to ballot marking devices used for absentee voting. Those devices must be tested under part 8220.1350.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 10 SR 1690; 20 SR 2787; 23 SR 459; 25 SR 616; 50 SR 971

Minn. R. 8220.1650 Additional Test Decks

Upon request, the secretary of state must be provided a set of blank ballots to be used as a test deck for any state, county, municipal, special district, or school district election computer program. The secretary's request shall indicate the number of blank ballots to be delivered for the test deck. The use of test decks provided by the secretary of state does not substitute for the requirement for an election jurisdiction to prepare and use a test deck in accordance with parts 8220.1050 and 8220.1150.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 17 SR 8; 23 SR 459

Minn. R. 8220.1750 Certificate of Public Accuracy Test

After the completion of the public accuracy test and an errorless count has been made, the election jurisdiction must certify the results of the test conducted. The certificate must be signed by the witnesses. The certificate may be combined with the certificate required in part 8220.1450, item D.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 23 SR 459

Minn. R. 8220.1850 Securing Computer Programs

Immediately after certifying the results of the public accuracy test, the election jurisdiction must secure all computer programs, software utilized, test decks, certified computer results of the test, and the predetermined results in a container which must be sealed in a manner so that the container cannot be opened without breaking the seal. If a precinct count voting system is used to count ballots, it must be sealed with the memory pack containing the election programs inside. Attached to or inside the container must be a certificate describing its contents. The certificate must be signed by the witnesses.

All computer programs, test decks, and other related materials must be clearly identified as to the voting system on which they were tested and must be used on no other voting system until tested in accordance with parts 8220.1550 to 8220.1850.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 23 SR 459

Minn. R. 8220.1950 [Repealed, 20 SR 2787]

[Repealed, 20 SR 2787]

Minn. R. 8220.2000 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8220.2050 Isolation of Central Count Voting System and Precinct Count Voting System

The central count voting system or precinct count voting system must be set up so that the vote-tallying procedures will function in isolation while being tested or operated on election day. No physical connection must exist between a central count voting system or precinct count voting system and any other computer during hours that voting is occurring in that precinct on election day or while the central count voting system or precinct count voting system is tabulating results for a precinct.

History

Statutory Authority: MS s 206.57; 206.81; 206.82
History: 10 SR 1690; 23 SR 459; 25 SR 616

Minn. R. 8220.2100 [Repealed, 10 SR 1690]

After completion of the public accuracy test, every change to a computer program used for vote tallying and under control of the election jurisdiction must be authorized, approved, and documented by the responsible authority of the election jurisdiction. The documentation must include the time and date of each action.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 23 SR 459

Minn. R. 8220.2860 Instructions for Ballot Marking Devices Certified Before January 1, 2010

Subpart 1. Text instructions.

The instructions on the screen must read as follows:

A. Before a ballot is inserted: "Please insert your ballot"

B. On the voting instructions screen: "[Month, Day, Year] [Primary or General or Special Primary or Special] Election" Official Ballot You are voting ballot ............... Voting instructions To use this ballot marking device to mark your ballot: 1. You may touch the NEXT button in the lower right corner of the screen or the right arrow button to move on to the next screen at anytime. 2. To select a candidate, touch the name of the candidate. For ballot questions, touch YES or NO to make your selection. 3. Your choice will be highlighted in yellow and the oval will be filled in. 4. In general elections, you are allowed to write in the name of a candidate who is not on the ballot. You will be presented with a keyboard on the screen to type in the name of the person you want to write in. 5. Use the BACK arrow button in the lower left corner of the screen or the left arrow button to return to the previous screen at anytime. 6. When you have completed making your choices, a summary screen will display your selections. 7. Review your selections carefully. 8. On the next screen, press the MARK BALLOT button to mark your ballot. 9. Remove your ballot and deposit it in the ballot counter or ballot box."

C. If a voter tries to make a selection without having viewed the names of all of the candidates: "You did not view all candidates. Do you want to view the rest of the choices?"

D. If a voter tries to vote for more than the number of candidates allowed in a multiseat race: "You have tried to select more candidates than are allowed in this race. Deselect at least one of the candidates you have selected before selecting another."

E. If a voter tries to move on to the next race without selecting the maximum number of candidates allowed: "You are allowed to vote for more candidates in this race than you have selected. You can return to the race to vote for more candidates, or you can continue on to the next race."

F. On the summary screen, before the ballot has been marked: "Summary Screen Your selections for each race are listed below. To change your selections, touch the box for that race. To mark your ballot with these selections, touch 'NEXT' at the bottom of the screen."

G. Marking ballot instructions: "To mark your votes on your ballot: 1. Press the MARK BALLOT button below. 2. Your votes will be marked on your ballot and your ballot will be returned to you. 3. Put your ballot in the ballot counter or ballot box."

H. While the ballot is being printed: "Your votes are being marked on your ballot."

I. Thank you: "Thank you for using this ballot marking device. Please remove your ballot. Put it into the ballot counter or ballot box to have it counted."

J. If the ballot is not readable: "The ballot marking device cannot read your ballot. Please try again or contact an election judge for assistance."

K. If there is a paper jam: "There is a paper jam. Please contact an election judge."

L. If the voter tries to exit before the ballot is marked: "Exit now and your votes will not be marked on your ballot. Are you sure you want to exit?"

M. If the voter exits without having the ballot marked: "Thank you for using this ballot marking device. Please remove your blank ballot."

N. In partisan primary elections, the following instructions shall appear after the voter instruction screen: "SELECT A POLITICAL PARTY Instructions to Voters You are only allowed to vote for the candidates of one political party for partisan offices in a primary election. Please select a political party below. No record will be made of your political party choice. Your selection will only be used to direct you to the proper ballot information. You will only see the names of candidates who are with the political party you choose. To see the names of candidates in other political parties, use the back button or left arrow button. At the screen called 'Select a Political Party,' choose a different political party."

O. When a voter inserts a ballot on which votes have already been marked: "Votes have already been marked on your ballot. If you thought you were using a blank ballot, please press EXIT to eject your ballot. Then contact an election judge for a new ballot. To review the selections on this ballot, press the NEXT arrow button to view a summary page. Note: you cannot use this ballot marking device to change any of these selections."

P. On the summary screen after the ballot has been marked: "Summary Screen Your selections for each race are listed below. Your ballot has already been marked. It cannot be changed by this ballot marking device. When you have reviewed your selections, press the RETURN BALLOT button below to eject your ballot. To change a selection, you will need to request a new ballot from an election judge."

Subp. 2. Audio instructions.

The instructions must be as follows:

A. Before a ballot is inserted: "Please insert your ballot. It may take up to 30 seconds for the ballot to be scanned. Please wait. The audio will be silent while scanning."

B. The presentation of the voting instructions: "[Month, Day, Year] [Primary or General or Special Primary or Special] Election. Official Ballot. You are voting ballot............... Voting Instructions. This ballot marking device will guide you through choosing candidates in each race on the ballot. This ballot marking device can be controlled in several ways, including a small keypad that is located to the right of the screen. The buttons are labeled in Braille. At the far right, there are four buttons in a vertical line. The bottom button adjusts the volume when pushed left or right. The button above it adjusts the speed of the audio when pressed left or right. The round button repeats the last set of instructions. The top diamond button turns the display screen on or off for privacy. The instructions will begin again from the beginning if you use any of the top three buttons. To the left of these buttons, you will find a square center button with four arrow buttons surrounding it. Press the right arrow button at any time to skip to the next screen. Press the down arrow button to hear the name of the next candidate in the race. Press the up arrow button to hear the name of the previous candidate in the race. When you hear the name of the candidate you want to vote for, press the square select button in the center to select the candidate. Press the right arrow button to move to the next race on the ballot. Press the left arrow button to move to the previous race on the ballot. If you need help, please talk to an election judge. When you have completed your ballot, you will hear a summary of your selections. Listen to the summary carefully before completing the final step of marking your ballot. Remove your ballot and deposit it in the ballot counter or ballot box. To exit without marking votes on your ballot, press the diamond-shaped screen button four times in a row. Press the right arrow button now to begin voting. Press the round repeat button to hear these instructions again."

C. If a voter tries to make a selection without having heard the names of all of the candidates: "Warning. You did not hear all candidates in this race. To hear the rest, press the left arrow key. To continue on to the next race, press the right arrow key."

D. If a voter tries to vote for more than the number of candidates allowed in a multiseat race: "You have selected more candidates than are allowed in this race. Deselect at least one of the candidates you have selected before selecting another. Press the square select key or the left arrow to return to the race."

E. If a voter tries to move on to the next race without selecting the maximum number of candidates allowed: "Warning. You are allowed to vote for more candidates in this race than you have selected. To return to this race to select more candidates, please press the left arrow key. To continue on to the next race, press the right arrow key."

F. With the summary screen, before the ballot has been marked: "This is the summary screen. Use the up and down arrow keys to scroll through each race and hear your selections. If you want to change a selection, use the square select key to return to that race. If you like your selections, press the right arrow key."

G. Marking ballot instructions: "To mark your votes on your ballot: 1. Press the square select key. 2. Your votes will be marked on your ballot and your ballot will be returned to you. 3. Put your ballot in the ballot counter or ballot box. To change a selection, use the left arrow key to return to the summary screen. To exit without marking your votes on your ballot, use the left arrow key until you hear the exit message. Follow the instructions. Your blank ballot will be returned to you."

H. Write-in instructions: "You have chosen to input a write-in candidate. Use the up and down arrows to scroll through the letters. Use the select key to select a letter. The hyphen, space, and backspace appear after the Z. Use backspace to remove a letter. At any time, you can press the round repeat key to hear the letters you have selected so far. When you are finished typing, press the right arrow key to return to the list of candidates in this race. Then select this write-in candidate. To cancel and return to the race without typing in a name of a write-in candidate, press the left arrow key. Press the down arrow now to begin moving through the alphabet. To repeat these instructions, press the round repeat key."

I. While the ballot is being printed: "Your votes are being marked on your ballot. Please wait. It should take about 15 seconds. Your ballot will then be returned to you. Put your ballot into the ballot counter or ballot box."

J. Thank you: "Thank you for using the ballot marking device. Please remove your ballot. Put it into the ballot counter or ballot box to have it counted. If you need help, please talk to an election judge."

K. If the ballot is not readable: "This ballot marking device cannot read your ballot. Please try again or contact an election judge for assistance."

L. If there is a paper jam: "There is a paper jam. Please contact an election judge."

M. If the voter tries to exit before the ballot is marked: "Exit now and your votes will not be marked on your ballot. Press the left arrow key to return to voting. Press the right arrow key to exit and receive your blank ballot."

N. If the voter exits without having the ballot marked: "Thank you for using this ballot marking device. Please remove your blank ballot."

O. In partisan primary elections, the following instructions shall appear after the voter instruction screen: "SELECT A POLITICAL PARTY. Instructions to Voters. You are only allowed to vote for the candidates of one political party for partisan offices in a primary election. On this screen you will select a political party. No record will be made of your political party choice. Your selection will only be used to direct you to the proper ballot information. You will only hear the names of candidates who are with the political party you choose. To hear the names of candidates in other political parties, use the left arrow button until you get to a screen called 'Select a Political Party.' Then choose a different political party."

P. When a voter inserts a ballot on which votes have already been marked: "Votes have already been marked on your ballot. If you thought you were using a blank ballot, please press the left arrow key twice to eject your ballot. Then contact an election judge for a new ballot. To review the selections on this ballot, press the right arrow key to view a summary page. Note: you cannot use this ballot marking device to change any of these selections."

Q. With the summary screen after the ballot has been marked: "This is the Verification Screen. Use the up and down arrow keys to scroll through each race and hear your selections. When you are finished, press the right arrow key to eject your ballot. If you want to change your selections, you will need to request a new ballot from an election judge."

Subp. 3. Brand name.

The brand name of the ballot marking device may be substituted for the words "the ballot marking device" and "this ballot marking device" throughout the instructions.

History

Statutory Authority: MS s 206.84
History: 34 SR 1561

Minn. R. 8220.2865 Instructions for Ballot Marking Devices Originally Certified on or After January 1, 2010

Each ballot marking device originally certified by the secretary of state on or after January 1, 2010, must deliver substantially the same text and audio instructions as required in part 8220.2860. At the time of any certification after January 1, 2010, the secretary of state must approve any alternate text and audio instructions conforming with part 8220.2860 to the extent practicable, which are necessary to accommodate the navigational method and presentation of the ballot to the voter which are unique to the device being certified. Alternate instructions approved during the certification process must be used for all following elections at which the device is used.

History

Statutory Authority: MS s 206.84
History: 34 SR 1561

Chapter 8230 OPTICAL SCAN VOTING SYSTEMS

Minn. R. 8230.0050 Applicability

Chapters 8220 and 8230 apply to optical scan voting systems.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 23 SR 459; 25 SR 616

Minn. R. 8230.0150 Procedures

Unless otherwise provided for in chapters 8220 and 8230 or in Minnesota law, paper ballot procedures as provided in Minnesota election law must be followed to the extent possible.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 23 SR 459; 25 SR 616

Minn. R. 8230.0200 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.0250 Arrangement of Voting Stations

Election jurisdictions may provide self-contained voting stations for use by voters in casting their ballots. If a voter claims that the arrangement of the stations does not afford the opportunity to vote in secrecy, the judges shall rearrange the stations to provide for increased secrecy.

History

Statutory Authority: MS s 206.57; 206.81; 206.84
History: 10 SR 1690; 17 SR 8; 20 SR 2787; 23 SR 459; 25 SR 616

Minn. R. 8230.0300 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.0350 [Repealed, 23 SR 459]

[Repealed, 23 SR 459]

Minn. R. 8230.0400 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.0450 [Repealed, 23 SR 459]

[Repealed, 23 SR 459]

Minn. R. 8230.0500 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.0550 [Repealed, 23 SR 459]

[Repealed, 23 SR 459]

Minn. R. 8230.0560 Ballots

Ballots must meet or exceed the specifications the equipment manufacturer has filed with the secretary of state. The election official responsible for preparing the ballots must supply to the ballot printer the equipment manufacturer's recommended standards and specifications for ballot printing.

The ballots must be stored in a manner to protect against moisture.

The local election official must certify to the county auditor the number of ballots received for each ballot style. The local election official or county auditor shall package the ballots for each precinct in groups of 25, 50, or 100 and seal or place the ballots into a package or transfer case. The package or transfer case must contain a certificate stating the number of ballots it contains. All ballots not issued to a precinct or assigned for absentee voting must be secured and accounted for by the official conducting the election. The official conducting the election must maintain a record of the number of ballots issued to each precinct. The ballots must be delivered to the chief election judge of each precinct.

History

Statutory Authority: MS s 206.84
History: 23 SR 459; 25 SR 616; 34 SR 1561

Minn. R. 8230.0570 Ballot Secrecy Covers

The ballot secrecy cover must be of sufficient size and construction so that when the ballot is inserted in it all portions indicating voting marks are hidden from view.

History

Statutory Authority: MS s 206.84
History: 23 SR 459; 25 SR 616

Minn. R. 8230.0580 Supplies

A ballot box must be provided to each precinct for the deposit of voted ballots.

The following items must be included in the precinct supplies:

A. the sample ballot for the precinct;

B. ballot secrecy covers;

C. envelopes marked "spoiled ballots," "write-in ballots," and "ballots for which duplicates were or are to be made";

D. a form to record write-in votes if needed; and

E. a set of instructions for operating the precinct on election day. In election jurisdictions using central count voting systems, an envelope marked "defective ballots" also must be provided to each precinct.

History

Statutory Authority: MS s 206.57; 206.84
History: 23 SR 459; 25 SR 616

Minn. R. 8230.0650 Voting Procedure

Every voter at the polling place must be offered a demonstration of how to mark the ballot and use the voting system.

The election judge shall not deliver a ballot to a voter until the judge has received a voter receipt. The voter receipt may contain an example of the target used on the ballot. The election judge must state or demonstrate how to complete the target as the ballot is handed to the voter. A writing instrument without an eraser that will produce marks that can be accurately read by the ballot counter must be provided to each voter.

Upon being issued a ballot and offered a ballot secrecy cover, the voter shall go to an unoccupied voting station and vote.

Upon leaving the voting station, the voter shall insert the ballot into the ballot counter or ballot box. The voter may choose to hand the ballot to an election judge who shall insert the ballot into the ballot counter or ballot box.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 23 SR 459; 25 SR 616

Minn. R. 8230.0750 [Repealed, 23 SR 459]

[Repealed, 23 SR 459]

Minn. R. 8230.0850 Spoiled Ballots

If a voter spoils a ballot by inadvertently defacing it or requests a new ballot, the voter shall hand the ballot to the election judge. The election judge may look at the ballot if necessary to determine what style of replacement ballot to give the voter. The election judge shall place the ballot in the spoiled ballot envelope and give the voter another ballot.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 23 SR 459

Minn. R. 8230.0950 [Repealed, 23 SR 459]

[Repealed, 23 SR 459]

Minn. R. 8230.1000 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.1050 Ballots Found in Voting Stations

Any ballot found in a voting station must be marked "found in voting station." The ballot must be placed in the spoiled ballot envelope. In no case may that ballot be placed with the properly cast ballots. A note of the occurrence must be made in the remarks section of the precinct incident report.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 23 SR 459

Minn. R. 8230.1100 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.1130 Examining and Processing Absentee Ballots

The election judges shall examine the absentee ballots as they are removed from the secrecy envelopes. Ballots requiring duplication must be duplicated as provided in part 8230.3850.

History

Statutory Authority: MS s 206.57; 206.81
History: 23 SR 459; 40 SR 1553

Minn. R. 8230.1150 Procedures Following Close of Polls

Subpart 1. Ballots not issued, secured.

All ballots which are not issued to voters must be secured for return to the official in charge of the election for the election jurisdiction.

Subp. 2.

[Repealed, 23 SR 459]

Subp. 3. Total number of voters.

The total number of voters, determined pursuant to Minnesota Statutes, section 204C.20, subdivision 1, must be entered on the summary statement.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 23 SR 459

Minn. R. 8230.1200 [Repealed, 10 SR 1690]

A sticker may not be affixed to a ballot that will be placed into a ballot box or ballot counter for any reason.

History

Statutory Authority: MS s 206.57; 206.81; 206.84
History: 10 SR 1690; 23 SR 459; 34 SR 1561

History

Statutory Authority: MS s 206.57; 206.81; 206.84
History: 10 SR 1690; 23 SR 459; 25 SR 616

Minn. R. 8230.1860 Experimental Procedures

The secretary of state may authorize the experimental use of alternate procedures for optical scan voting systems.

History

Statutory Authority: MS s 206.57; 206.81
History: 23 SR 459

Minn. R. 8230.1900 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.1950 [Repealed, 23 SR 459]

[Repealed, 23 SR 459]

Minn. R. 8230.2000 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.2010 Applicability

Parts 8230.2010 to 8230.4150 apply to central count optical scan voting systems used in central counting centers.

History

Statutory Authority: MS s 206.57; 206.81
History: 23 SR 459

Minn. R. 8230.2020 Election Judge Duties

The vote totals for central count optical scan voting systems may be certified by either the election judges who served in the precinct or a set of election judges specifically appointed to serve at the central counting center. When the polling place closes, the election judges designated by the official conducting the election shall complete the steps in parts 8230.2030 to 8230.4150. If the vote totals are to be certified by the central counting center election judges, all processing of the ballots and certification of the returns at the central counting center must be done by the central counting center judges.

History

Statutory Authority: MS s 206.57; 206.81
History: 23 SR 459

Minn. R. 8230.2030 Polling Place Procedures

A. At the polling place after voting hours have ended, the election judges shall open the ballot box, remove the ballots, and determine the total number of ballots in the box. If the number of ballots is greater than the number of persons voting and it is impossible to reconcile the numbers, the ballots must be replaced in the ballot box and one of the election judges shall publicly draw out a number of ballots equal to the excess. The excess ballots must be marked "excess" and placed in an envelope. The envelope then must be sealed. The judges shall write "excess ballots" on the outside of the envelope and put it in the transfer case. A notation of the pertinent facts must be made on the incident report. If the number of ballots counted is less than the number of persons voting, the reason for the discrepancy must be noted in the incident report. If the judges are unable to explain the discrepancy, they shall so state in the incident report.

B. The election judges must identify ballots that will need to be duplicated at the central counting center or process ballots requiring duplication prior to transporting them to the central counting center. Ballots requiring duplication must be duplicated as provided in part 8230.3850.

History

Statutory Authority: MS s 206.57; 206.81
History: 23 SR 459

Minn. R. 8230.2040 Recording Valid Write-in Votes

A write-in vote is only valid and able to be counted if the ballot is marked in the oval or other target shape opposite the blank when a voter writes an individual's name on the line provided for write-in votes. If a valid write-in vote exists, the election judges shall determine whether the write-in vote has caused an overvote. If the write-in vote has caused an overvote, the ballot is defective for that office only.

If the write-in vote does not cause an overvote for that office, the election judges shall enter the candidate's name and the office on the write-in vote tally sheet. The ballot must be placed with the other valid ballots for tabulation.

If the write-in vote causes an overvote for that office and the target next to the write-in vote is not completed, the election judges shall place the ballot in the envelope marked "ballots for which duplicates were or are to be made." The manner of duplication is prescribed in part 8230.3850.

At the discretion of the county auditor, the processing of write-in ballots may be done at the central counting center or at the office of the local election official or county auditor rather than at the precinct polling place.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 23 SR 459; 50 SR 971

Minn. R. 8230.2050 Items in Transfer Case

Subpart 1. Content.

The election judges shall place in the transfer case for delivery to the official conducting the election or central counting center all of the following items:

A. valid voted ballots;

B. envelope containing spoiled ballots;

C. envelope containing defective ballots;

D. envelope containing ballots for which duplicates were or are to be made for any reason;

E. envelopes with notations concerning any other issued ballots contained which are not to be counted;

F. certificate signed by the judges indicating number of ballots received, issued, and used;

G. summary statement or part of the summary statement provided to the election judges at the polling place;

H. incident report; and

I. write-in vote tally sheet if write-in votes were counted at the polling place.

Subp. 2. Second transfer case.

If space in the transfer case is inadequate, then a second ballot box, transfer case, or container of a type approved by the election jurisdiction for storage of ballots must be used and the sealing and security handled in the same manner as the transfer case.

Subp. 3. Other containers.

Any materials not listed in subpart 1 that the official conducting the election has designated for return to the official conducting the election or the central counting center must be placed in a separate container for delivery.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 23 SR 459

Minn. R. 8230.2100 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.2150 Certificate of Election Judges

The election judges shall sign a "certificate of election judges." The certificate must state:

A. the number of persons voting as shown on the summary statement;

B. that the order of the offices and questions to be voted on and the candidates' names on the ballots were the same as on the sample ballot;

C. the number of ballots being submitted for tabulation;

D. that the ballots have been counted and agree with the number of names as shown on the summary statement;

E. the number of excess ballots, if any;

F. that all ballots requiring duplication are in the proper envelope;

G. that all write-in votes have been properly recorded, if this process was done on election night;

H. that all ballots used in the election and all ballots that have been or need to be duplicated have been placed in the transfer case and that the case was securely sealed in such a manner as to render it impossible to open the case without breaking the seal; and

I. the numbers of any seals used to seal the transfer case or cases.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 23 SR 459

Minn. R. 8230.2200 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.2250 Delivery of Transfer Case

Subpart 1. Seal and certificate.

The transfer case must be sealed with a seal so that it is impossible to open the case or insert or remove ballots without breaking the seal. Within or attached to the transfer case must be a certificate signed by the judges indicating its content, the precinct name, and the number of any seal used to seal the case.

Subp. 2. Delivery by two election judges.

The transfer case containing the required items as identified in part 8230.2050 must be delivered directly to the official conducting the election, central counting center, or collection point for transportation to the official conducting the election or central counting center by two election judges, not of the same political party.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 10 SR 1690; 20 SR 2787; 23 SR 459; 50 SR 971

Minn. R. 8230.2300 [Repealed, 10 SR 1690]

Persons assigned to administer the central counting center shall compare the seal number on the container containing the official test deck and predetermined results with that recorded in the certificate of the public accuracy test to see that they agree.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 17 SR 1279; 23 SR 459

Minn. R. 8230.3500 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.3550 Test of Program Before and During Tabulation

Prior to the tabulation of ballots, the central counting center personnel shall test the voting system as to its accuracy and certify the results. The accuracy test must be conducted with the test deck designated in parts 8220.1050 and 8220.1150. A copy of each test certificate must accompany the results of the tabulation of the ballots and be filed with the county auditor in the county where the precincts are located.

Before tabulating the ballots, central counting center personnel shall run a zero report to verify that the initial counts for each precinct are zero.

Authorized central counting center personnel may at their discretion test the program using the official test deck periodically throughout the tabulation of ballots to verify that the voting system is operating accurately.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 23 SR 459

Minn. R. 8230.3560 Use of Precinct Count Voting Systems at Central Counting Centers

A. Central count voting systems must be used in central counting centers. One precinct count voting system and one memory unit may be used at a central counting center.

B. Results must be produced for each precinct by either (1) printing a separate summary statement for each precinct, or (2) producing segregated results for each precinct that can be identified and attached individually as part of a complete summary statement for each precinct.

History

Statutory Authority: MS s 206.57; 206.81
History: 23 SR 459; 40 SR 1553

Minn. R. 8230.3600 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.3650 [Repealed, 23 SR 459]

[Repealed, 23 SR 459]

Minn. R. 8230.3700 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.3750 Procedures for Transfer Cases

Subpart 1. Identifying case.

Upon receipt of the transfer case from the election judges of a precinct, authorized central counting center personnel shall check the identification on the transfer case to see that it matches the identification on the judges' certificate. The transfer case must then be opened and checked to see that it contains the ballots and all other material required by parts 8230.0050 to 8230.4150. Authorized central counting center personnel must then sign a certificate acknowledging receipt of all materials delivered by the election judges.

Subp. 2. Delivery to central counting center.

The transfer case containing the ballots must then be delivered to the proper central counting center personnel for preparation for tabulation. The election official in charge of the central counting center shall provide adequate security at the central counting center.

Subp. 3.

[Repealed, 23 SR 459]

Subp. 4. Sealing after count.

Immediately upon the completion of the counting of a precinct, all ballots for the precinct must be returned to the transfer case or other suitable container and sealed as to make it impossible to open the case without breaking the seal. The number of any seal used on a container must be written on the summary statement.

Subp. 5. Verifying number of ballots.

The election official in charge of the central counting center shall determine whether the number of ballots tabulated by the central count voting system agrees with the number of ballots submitted by the election judges at the precinct. If a discrepancy exists, authorized central counting center personnel shall correct it. In the event the discrepancy cannot be resolved, a notation must be made of the pertinent facts on the statement of returns.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 23 SR 459

Minn. R. 8230.3800 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.3850 Duplication of Ballots

Any ballots requiring duplication at the polling place or central counting center must be duplicated in the following manner:

A. Whenever a ballot is required to be duplicated, the duplication process must be performed by two election judges not of the same political party.

B. Whenever it is necessary to duplicate a ballot, the duplicate ballot and the original ballot must be identified with a single number written on both ballots. The number on the duplicate ballot must be the same number as on the original. When more than one ballot is being duplicated in a precinct, the numbering must be serial.

C. The reason for duplication must be written on the duplicate ballot. The election judges duplicating the ballot shall initial the duplicated ballot and the original ballot.

D. When duplicating a ballot, one election judge shall call from the original ballot the valid selections of the voter; another election judge shall prepare the duplicate ballot with the voter's valid selections. The duplicate ballot must be compared against the original ballot to ensure it has been accurately duplicated.

E. All original ballots which require duplication must be placed in an envelope marked "ballots for which duplicates were or are to be made." The duplicate ballot must be placed with the other valid ballots to be tabulated.

F. When a ballot created pursuant to Minnesota Statutes, section 206.80, paragraph (b), clause (2), item (ii), requires duplication, it shall be duplicated onto a blank ballot and the same process shall be used as that for other ballots needing duplication under this part.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 10 SR 1690; 23 SR 459; 50 SR 971

Minn. R. 8230.3900 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.3950 Summary Statements

The election official in charge of the central counting center must prepare one or more summary statements. The summary statement must state the name of the county; the name of the municipality, school district, or special district; precinct name and code; offices; names of candidates; number of persons registered at 7:00 a.m. on election day; number of ballots counted; vote totals; and any other data required by the secretary of state. Authorized personnel in the central counting center shall enter this data into the election reporting system established by the secretary of state for the purpose of state reporting of election results. The summary statement may be a computer printout as well as any forms designated by the secretary of state.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 17 SR 8; 23 SR 459; 25 SR 616; 40 SR 1553

Minn. R. 8230.4000 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.4050 Distribution of Summary Statements

The summary statements referred to in part 8230.3950 must be certified to the official conducting the election. The official conducting the election shall prepare one summary statement for each jurisdiction canvassing the results of the election. The official conducting the election may authorize the printing of copies of the summary statement for public information purposes. The official conducting the election shall prepare copies of any additional forms required by the secretary of state.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 17 SR 8; 23 SR 459; 25 SR 616; 38 SR 1368; 40 SR 1553

Minn. R. 8230.4100 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.4150 Retention of Ballots

After the last precinct has been counted, the election official in charge of the central counting center shall retain ballots and related documents for one year for local elections and 22 months for federal elections unless otherwise ordered by a court order or recount procedure pursuant to Minnesota election laws.

History

Statutory Authority: MS s 206.57; 206.81
History: 10 SR 1690; 23 SR 459

Minn. R. 8230.4200 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.4250 [Repealed, 23 SR 459]

[Repealed, 23 SR 459]

Minn. R. 8230.4300 [Repealed, 10 SR 1690]

[Repealed, 10 SR 1690]

Minn. R. 8230.4325 Applicability

Parts 8230.4325 to 8230.4395 apply to precinct count optical scan voting systems used in precinct counting centers.

History

Statutory Authority: MS s 206.57; 206.81
History: 23 SR 459

Minn. R. 8230.4350 [Repealed, 23 SR 459]

[Repealed, 23 SR 459]

Minn. R. 8230.4355 Ballot Boxes for Precinct Counting Centers

Ballot boxes used with precinct count voting systems may be separate or part of the ballot counting equipment provided that the ballot is fed directly into a locked or sealed ballot box. An auxiliary ballot box, that may be separate or an additional compartment, must be supplied to be used if the voting system fails to function or for ballots that cannot be read by the ballot counter.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 23 SR 459; 38 SR 1368; 50 SR 971

Minn. R. 8230.4360 [Repealed, 40 SR 1553]

[Repealed, 40 SR 1553]

Minn. R. 8230.4365 Precinct Count Voting System Equipment and Procedures

Subpart 1. Number of ballot counters and memory units.

A. At least one precinct count voting system and at least one memory unit must be used in each precinct. One precinct count voting system and one memory unit may be used to count ballots for combined precincts.

Subp. 2. Procedure before polls open.

Each ballot counter must be tested to ensure that the components are operating properly. The election judges shall verify that the ballot counter at the precinct polling place has the correct seal number and certify the seal number on the summary statement.

Before opening the polls, the election judges shall initialize the ballot counter in accordance with the manufacturer's instructions. The judges shall verify that the initial counts are zero, that the public counter is set at zero, and that the order of the offices and questions to be voted on and the candidates' names on the zero tape is the same as their order on the ballot for that precinct.

Subp. 3. Procedures during voting hours.

Ballot counters must be programmed to return to the voter a ballot having an overvote or votes for candidates of more than one political party in a partisan primary election. Ballot counters must be programmed to print a message describing the error on a paper tape or to display the error message electronically. If the voting system is capable of emitting an audible signal while electronically displaying the error message, it must do so. The election judges shall read the error message to the voter and may explain the conditions that cause a ballot to be rejected, but the judges shall not examine the voted ballot unless the voter requests assistance or it is necessary to determine what style of replacement ballot must be given to the voter.

If the voter wants to change the rejected ballot, the election judge shall treat the rejected ballot as a spoiled ballot, place the rejected ballot in the spoiled ballot envelope, and issue the voter a new ballot.

If the voter does not want to change the rejected ballot, the election judge shall override the rejection of the ballot. No means of overriding the rejection of a ballot having defects may be used that does not meet the conditions in items A to C.

A. The override must be protected against being inadvertently activated.

B. The override must not allow more than one ballot to be processed each time it is operated.

C. An override message must be printed on the results tape, or be displayed electronically while the voting system emits an audible signal, each time the override is operated.

Subp. 4. Error messages.

The following messages are sufficient for optical scan voting systems to print or display for the described errors or actions:

A. overvote for (voting system will supply and print the name of the overvoted office);

B. overvote for multiple offices;

C. crossover vote; and

D. ballot overridden.

Subp. 5. Opening ballot box during voting hours.

Two election judges of different political parties may open the ballot boxes on election day to straighten or remove the voted ballots but they shall not count or inspect the ballots. If removing ballots, the election judges shall put the ballots taken from the ballot box's main compartment into containers and seal them. The judges shall label the ballot containers and store them in a secure location. The judges shall note on the incident report the fact that the ballot box was opened, the time the box was opened, and, if applicable, the numbers of any seals used to seal the ballot containers.

Subp. 6. Procedures after voting has ended.

As soon as voting has ended, the election judges shall process any ballots in the auxiliary ballot box and then secure the ballot counter against receiving any more ballots. The election judges must inspect the seals on each ballot counter to ensure that they have not been altered and are intact and that the seal numbers agree with the numbers as verified at the opening of the polls. Any discrepancy must be noted in the incident report.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 23 SR 459; 25 SR 616; 34 SR 1561; 38 SR 1368; 40 SR 1553; 50 SR 971

Minn. R. 8230.4370 Counting Ballots

The election judges shall open the ballot box and any overflow containers, remove the ballots, and determine the total number of ballots. If the election judges determine that the total number of ballots is greater than the number of persons voting and that it is impossible to reconcile the numbers, the judges shall follow the procedures in Minnesota Statutes, section 206.86.

History

Statutory Authority: MS s 206.57; 206.81
History: 23 SR 459

Minn. R. 8230.4375 Write-in Votes

A. At a general election, after the ballot counter has been secured against receiving additional ballots, election judges shall determine if a write-in vote exists.

B. If a valid write-in vote exists, the election judges shall determine whether the write-in vote has caused an overvote. If the write-in vote has caused an overvote, the ballot is defective for that office only.

C. If a write-in vote is determined to be valid and no overvote condition exists, the election judges shall enter the candidate's name and the office on the write-in vote tally sheet.

D. At the discretion of the county auditor, the processing described in items B and C may be done at the office of the local election official or county auditor rather than at the precinct polling place.

History

Statutory Authority: MS s 206.57; 206.81
History: 23 SR 459; 38 SR 1368

Minn. R. 8230.4380 Summary Statement

One unbroken tape that includes the zero report at the opening of the polls, messages printed during the hours of voting, and the first printout of results must be certified to the official conducting the election. In the event of equipment or power failure, the election judges and any technicians working on the equipment shall make entries on the tape of initials and time of occurrence to indicate the points at which the equipment failed and was returned to service. If the tape has been broken, the election judges shall seal the parts together and sign over the seal so that it cannot be broken without disturbing the continuity of the signatures. The election judges shall prepare the number of summary statements directed by the official conducting the election. The official conducting the election may authorize the printing of copies of the summary statement for public information purposes. The official conducting the election shall prepare copies of any additional forms required by the secretary of state.

History

Statutory Authority: MS s 206.57; 206.81
History: 23 SR 459; 38 SR 1368; 40 SR 1553

Minn. R. 8230.4385 Transfer Case Procedures

Subpart 1. Content.

The election judges shall place in the transfer case for delivery to the official conducting the election all of the following items:

A. valid voted ballots;

B. envelope containing spoiled ballots;

C. envelope containing ballots for which duplicates were made; and

D. envelopes with notations concerning any other issued ballots contained which are not to be counted.

Subp. 2. Second transfer case.

Subp. 3. Other containers.

The summary statement, incident report, write-in vote tally sheet if write-in votes were counted at the polling place, and any materials not listed in subpart 1 that the official conducting the election has designated for return to the official must be placed in a separate container or containers for delivery.

Subp. 4. Sealing transfer case.

A transfer case must be sealed with a seal so that it is impossible to open the case or to insert or remove ballots without breaking the seal. Within or attached to the transfer case must be a certificate signed by the judges indicating its contents, the precinct name, and the number of any seals used to seal the case or cases.

Subp. 5. Delivery of transfer case.

The transfer case containing the required items as identified in this part must be delivered by one or more election judges to the official conducting the election or to the collection point for transportation to the official.

History

Statutory Authority: MS s 206.57; 206.81
History: 23 SR 459; 38 SR 1368

Minn. R. 8230.4390 Certificate of Election Judges

The election judges shall sign a "certificate of election judges." The certificate must state:

A. the number of persons voting as shown on the summary statement;

B. that the order of the offices and questions to be voted on and the candidates' names on the ballots was the same on the zero tape and the sample ballot;

C. the number of ballots in the transfer case;

D. that the ballots have been counted and agree with the number of names as shown on the summary statement or that any discrepancy has been noted on the incident report;

E. the number of excess ballots, if any;

F. that all ballots requiring duplication were duplicated and are in the proper envelope;

G. that the number of write-in votes for each office has been properly recorded, if this process was done at the polling place;

H. that all ballots used in the election and all ballots that have been duplicated have been placed in the transfer case and the case was securely sealed with an official seal in such a manner as to render it impossible to open the case without breaking the seal; and

I. the numbers of any seals used to seal the transfer cases.

History

Statutory Authority: MS s 206.57; 206.81
History: 23 SR 459; 25 SR 616

Minn. R. 8230.4395 Retention of Ballots

Ballots which are not issued to voters must be returned to the official conducting the election who shall retain them by precinct until the time for contest has expired.

History

Statutory Authority: MS s 206.57; 206.81
History: 23 SR 459

Statutory Authority: MS s 204C.361
History: 8 SR 1348; 34 SR 1561

Minn. R. 8235.0500 [Repealed, 34 SR 1561]

[Repealed, 34 SR 1561]

Minn. R. 8235.0600 Facilities and Equipment

All recounts must be accessible to the public. In a multicounty recount the secretary of state may locate the recount in one or more of the election jurisdictions or at the site of the canvassing board. Each election jurisdiction where a recount is conducted shall make available without charge to the recount official or body conducting the recount adequate accessible space and all necessary equipment and facilities.

History

Statutory Authority: MS s 204C.361
History: 8 SR 1348; 34 SR 1561

Minn. R. 8235.0700 General Procedures

At the opening of a recount the recount official or legal adviser shall present the procedures contained in this rule for the recount. The custodian of the ballots shall make available to the recount official the precinct summary statements, the precinct boxes or the sealed containers of voted ballots, and any other election materials requested by the recount official. If the recount official needs to leave the room for any reason, the recount official must designate a deputy recount official to preside during the recount official's absence. A recount official must be in the room at all times. If the recount includes ballot format as provided in Minnesota Statutes, section 206.80, paragraph (b), clause (2), item (ii), and the ballots were used by ten or fewer voters in the precinct, the election judges from that precinct are not eligible to participate in conducting a recount or postelection review in that precinct. The containers of voted ballots must be unsealed and resealed within public view. No ballots or election materials may be handled by candidates, their representatives, or members of the public. There must be an area of the room from which the public may observe the recount. Cell phones and video cameras may be used in this public viewing area, as long as their use is not disruptive. The recount official shall arrange the counting of the ballots so that the candidates and their representatives may observe the ballots as they are recounted. Candidates may each have one representative observe the sorting of each precinct. One additional representative per candidate may observe the ballots when they have been sorted and are being counted pursuant to part 8235.0800, subpart 2. Candidates may have additional representatives in the public viewing area of the room. If other election materials are handled or examined by the recount officials, the candidates and their representatives may observe them. The recount official shall ensure that public observation does not interfere with the counting of the ballots. The recount official shall prepare a summary of the recount vote by precinct.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204C.361; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 8 SR 1348; 34 SR 1561; 50 SR 971

Minn. R. 8235.0800 Counting and Challenging Ballots

Subpart 1. Breaks in counting process.

Recount officials may not take a break for a meal or for the day prior to the completion of the sorting, counting, review, and labeling of challenges, and secure storage of the ballots for any precinct. All challenged ballots must be stored securely during breaks in the counting process.

Subp. 2. Sorting ballots.

Ballots must be recounted by precinct. The recount official shall open the sealed container of ballots and recount them in accordance with Minnesota Statutes, section 204C.22. The recount official must review each ballot and sort the ballots into piles based upon the recount official's determination as to which candidate, if any, the voter intended to vote for: one pile for each candidate that is the subject of the recount and one pile for all other ballots (those for other candidates, overvotes, undervotes, etc.). During the sorting, a candidate or candidate's representative may challenge the ballot if he or she disagrees with the recount official's determination of for whom the ballot should be counted and whether there are identifying marks on the ballot. At a recount of a ballot question, the manner in which a ballot is counted may be challenged by the person who requested the recount or that person's representative. Challenges may not be automatic or frivolous and the challenger must state the basis for the challenge pursuant to Minnesota Statutes, section 204C.22. Challenged ballots must be placed into separate piles, one for ballots challenged by each candidate. A challenge is frivolous if it is based upon an alleged identifying mark other than a signature or an identification number written anywhere on the ballot or a name written on the ballot completely outside of the space for the name of a write-in candidate.

Subp. 3. Counting ballots.

Once ballots have been sorted, the recount officials must count the piles using the stacking method described in Minnesota Statutes, section 204C.21. A candidate or candidate's representative may immediately request to have a pile of 25 counted a second time if there is not agreement as to the number of votes in the pile.

Subp. 4. Reviewing and labeling challenged ballots.

After the ballots from a precinct have been counted, the recount official may review the challenged ballots with the candidate or the candidate representative. The candidate representative may choose to withdraw any challenges previously made. The precinct name, the reason for the challenge, and the name of the person challenging the ballot (or the candidate that person represents), and a sequential number must be marked on the back of each remaining challenged ballot before it is placed in an envelope marked "Challenged Ballots." After the count of votes for the precinct has been determined, all ballots except the challenged ballots must be resealed in the ballot envelopes and returned with the other election materials to the custodian of the ballots. The recount official may make copies of the challenged ballots. After the count of votes for all precincts has been determined during that day of counting, the challenged ballot envelope must be sealed and kept secure for presentation to the canvassing board.

History

Statutory Authority: MS s 204C.361
History: 8 SR 1348; 17 SR 8; 34 SR 1561

Minn. R. 8235.0900 [Repealed, 23 SR 459]

[Repealed, 23 SR 459]

Minn. R. 8235.1000 [Repealed, 34 SR 1561]

[Repealed, 34 SR 1561]

Minn. R. 8235.1100 Canvassing Board

The recount official shall present the summary statement of the recount and any challenged ballots to the canvassing board. The candidate or candidate representative who made the challenge may present the basis for the challenge to the canvassing board. The canvassing board shall rule on the challenged ballots and incorporate the results into the summary statement. The canvassing board shall certify the results of the recount. Challenged ballots must be returned to the election official who has custody of the ballots.

History

Statutory Authority: MS s 204C.361
History: 8 SR 1348

Minn. R. 8235.1200 Security Deposit

When a bond, cash, or surety for recount expenses is required by Minnesota Statutes, section 204C.35 or 204C.36, the governing body or recount official shall set the amount of security deposit at an amount which will cover expected recount expenses. In multicounty districts, the secretary of state shall set the amount taking into consideration the expenses of the election jurisdictions in the district and the expenses of the secretary of state. The security deposit must be filed during the period for requesting a discretionary recount. In determining the expenses of the recount, only the actual recount expenditures incurred by the recount official and the election jurisdiction in conducting the recount may be included. General office and operating costs may not be taken into account.

History

Statutory Authority: MS s 204C.361
History: 8 SR 1348; 38 SR 1368

Chapter 8240 ELECTION JUDGE TRAINING PROGRAM

Minn. R. 8240.0100 Definitions

Subpart 1. Scope.

Terms used in this chapter have the meanings given them.

Subp. 2. Election cycle.

"Election cycle" means the period from January 1 of an even-numbered year until December 31 of an odd-numbered year.

Subp. 3. Home county.

"Home county" means the county where the administrative offices of a municipality or school district are located.

Subp. 4. Municipal clerk.

"Municipal clerk" means the person authorized or required to administer elections in a municipality.

Subp. 5. School district clerk.

"School district clerk" means the person authorized or required to administer the school district election.

Subp. 6. Training authority.

"Training authority" means a county auditor and designees or the municipal election official to whom the county auditor has delegated election judge training duties.

Subp. 7. Training program.

"Training program" means a system of instruction to promote the competence of election officials by supplying necessary information to improve election-related skills.

History

Statutory Authority: MS s 204B.25
History: 20 SR 2787; 25 SR 112

Minn. R. 8240.0200 Scope

Subpart 1. Election judge training.

Parts 8240.1100 and 8240.1300 to 8240.2500 establish the program for training election judges required by Minnesota Statutes, section 204B.25.

Subp. 2. Municipal clerk training.

Part 8240.2700 establishes the program for training municipal clerks required by Minnesota Statutes, section 204B.25, subdivision 4.

Subp. 3. School district clerk training.

Part 8240.2800 establishes the program for training school district clerks required by Minnesota Statutes, section 204B.25, subdivision 4.

Subp. 4. County auditor certification.

Part 8240.2900 establishes the program for certifying county auditors in election administration required by Minnesota Statutes, section 204B.27, subdivision 10.

Subp. 5. Minimum standards.

A. This chapter is the minimum standard required for training conducted under Minnesota Statutes, sections 204B.25 and 204B.27, subdivision 10.

B. When a part in this chapter establishes a specific length of time for a training course, the length of the course must be the shorter of the length specified or the length of time necessary to cover the content required for that course.

C. Nothing in this chapter restricts training authorities from implementing training programs more comprehensive than are required by this chapter.

History

Statutory Authority: MS s 204B.25
History: 20 SR 2787; 25 SR 112

Minn. R. 8240.0300 Proficiency Demonstration

To successfully complete a course required by this chapter, a person must take the entire course and demonstrate proficiency to the person teaching the course. A person may demonstrate proficiency through completion of self-administered worksheets, hands-on demonstrations, or other methods approved by the secretary of state. A person may consult the training materials provided during a training course while demonstrating proficiency for that course. The secretary of state must not require the use of graded or pass/fail tests to determine proficiency.

History

Statutory Authority: MS s 204B.25
History: 25 SR 112

Minn. R. 8240.1000 [Repealed, 20 SR 2787]

[Repealed, 20 SR 2787]

Minn. R. 8240.1050 Election Conference

An auditor shall attend an election conference given by the secretary of state once every election cycle.

History

Statutory Authority: MS s 204B.25
History: 25 SR 112

Minn. R. 8240.1100 "train the Trainer" Session

Before each state primary election, each training authority shall attend training on adult education methods (i.e. "Train the Trainer" classes) conducted by the secretary of state. If a county auditor delegates the duty to train election judges to a municipal election official and an election is to take place in that municipality before the next training conference held by the secretary of state, the county auditor shall train the municipal election official in administration of a training program.

"Train the trainer" classes given by an individual other than a county auditor or the secretary of state may fulfill the requirements of this part if the person taking the class submits a course description to the secretary of state and the secretary determines, based upon that course description, that the training covers adult education methods.

History

Statutory Authority: MS s 204B.25
History: 25 SR 112

Minn. R. 8240.1200 Training Program

A training program consists of a basic training course; a head election judge training course; an emergency training course for election judges and head election judges; in municipalities conducting absentee voting pursuant to Minnesota Statutes, section 203B.11, a health care facility absentee voting course; any other election judge training course required by the training authority; a course on adult education methods; a municipal clerk election administration training course; a school district clerk election administration training course; and a county auditor election administration course. The person responsible for training may design the courses to meet the election conditions peculiar to the jurisdiction, but the courses must meet at least the minimum standards in parts 8240.1600 to 8240.2900.

History

Statutory Authority: MS s 204B.25
History: 25 SR 112

Minn. R. 8240.1300 Election Judge Basic Training Requirement

Subpart 1. Election judge basic training course.

To serve as an election judge, a person must successfully complete a basic training course that meets the requirements of part 8240.1600.

Subp. 2. Certification of training.

A training authority must issue a certification of election judge basic training to a person who successfully completes a basic training course.

Subp. 3. Maintaining certification.

A person must successfully complete the basic training course once every 24 months to remain qualified to serve as an election judge.

Subp. 4. Timing.

The basic training course must be conducted not more than 60 days before the state primary election or fewer than three days before the state general election.

Subp. 5. Training between primary and general elections.

An election judge who successfully completes the training required by parts 8240.0100 to 8240.2500 for a state primary election is not required to complete additional training for the succeeding general election.

History

Statutory Authority: MS s 204B.25
History: 17 SR 8; 20 SR 2787; 25 SR 112

Minn. R. 8240.1350 Head Election Judge Training Requirement

Subpart 1. Head election judge training.

Before serving as a head election judge, a person must successfully complete a basic election judge training course that meets the requirements of part 8240.1600 and a head election judge training course that meets the requirements of part 8240.1750.

Subp. 2. Certification of training.

A training authority must issue a certification of head election judge training to a person who successfully completes a head election judge training course.

Subp. 3. Maintaining certification.

A person must successfully complete the head election judge training course every 24 months to remain eligible to serve as a head election judge.

Subp. 4. Supplemental head election judge training.

A training authority may require head election judges to attend a supplemental head election judge training course for an election. A head election judge must attend the supplemental training course to be eligible to serve as a head election judge for that election.

History

Statutory Authority: MS s 204B.25
History: 25 SR 112

Minn. R. 8240.1400 Health Care Facility Absentee Voting Requirement

Subpart 1. Health care facility absentee voting course.

Each election judge who conducts absentee voting in health care facilities under Minnesota Statutes, section 203B.11, shall successfully complete a course for health care facility absentee voting that meets the requirements of part 8240.1800 in addition to the election judge basic training course.

Subp. 2. Certification of training.

A training authority must issue a certification of health care facility absentee voting training to a person who successfully completes a health care facility absentee voting training course.

Subp. 3. Maintaining certification.

A person must successfully complete the health care facility absentee voting course every 24 months to remain eligible to conduct absentee voting in a health care facility.

History

Statutory Authority: MS s 204B.25
History: 17 SR 1279; 25 SR 112

Minn. R. 8240.1500 Emergency Training Requirement

Subpart 1. Emergency election judge training.

An election judge who is appointed after the training period ends and who has not successfully completed the basic training course conducted for that election must complete the emergency training course as provided in part 8240.1900 before serving as an election judge.

Subp. 2. Emergency head election judge training.

A head election judge who is appointed after the training period ends and who has not successfully completed a head election judge training course must complete the emergency head election judge training course as provided in part 8240.1950 before serving as a head election judge.

History

Statutory Authority: MS s 204B.25
History: 17 SR 1279; 25 SR 112

Minn. R. 8240.1600 Election Judge Basic Training Course

Subpart 1. Length.

The election judge basic training course must be at least two hours long.

Subp. 2. Materials.

The training authority shall provide examples of all forms which election judges must complete in the course of their duties; with examples of forms of identification acceptable for purposes of election day registration, including any forms of student identification issued by educational institutions in the area; and with the materials contemplated in the training plan. Additional materials may be provided by the training authority as the authority considers useful.

Subp. 3. Use of equipment.

An electronic voting system or specimen paper ballot and ballot box must be used at each training session to familiarize each election judge with the voting procedures for the method of voting employed in the precinct where the judge will serve.

Subp. 4. Course content.

A basic training course must include necessary information and skill development in the following areas:

A. how to use the training materials to find answers to questions arising in the polling place on election day;

B. preparations on election day before polls open;

C. judges' duties during voting hours:

D. basic election judges' duties after polls close;

E. new laws, rules, forms, and procedures;

F. major problems at prior elections;

G. how to follow instructions from the head election judge; and

H. if election judges will be working with absentee or early voting, their training must also include:

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 17 SR 1279; 23 SR 459; 25 SR 112; 50 SR 971

Minn. R. 8240.1650 [Repealed, 25 SR 112]

[Repealed, 25 SR 112]

Minn. R. 8240.1655 Qualifications for Trainee Election Judges

Subpart 1. Requirement.

Trainee election judges appointed under Minnesota Statutes, section 204B.19, must meet the requirements of this part.

Subp. 2. Training.

A trainee election judge must successfully complete the basic election judge training course as defined in part 8240.1600 before serving in a special, primary, or general election.

Subp. 3. Qualifications.

A trainee election judge must be a United States citizen, must be at least 16 years of age, and must meet any residency requirement specified in Minnesota Statutes, section 204B.19, subdivision 6. Until graduation, trainee election judges must provide certification from their school that they are enrolled in a Minnesota high school, and are performing at an academic level acceptable to the principal of the trainee's high school. Until graduation, a trainee election judge who is home-schooled must provide certification from the trainee's parent that the trainee is performing at an academic level acceptable to serve as a trainee election judge.

Subp. 4. Appointment.

Trainee election judges may be appointed by the municipality or school district conducting the election if:

A. the trainee election judge is appointed without party affiliation;

B. the trainee election judge has submitted a written request, approved and signed by the trainee's parent or guardian, to be absent from school to the principal of the trainee's high school;

C. a certificate from the appointing authority is submitted with the request stating the date and hours the student will serve as a trainee election judge;

D. the request and certificate are submitted to the student's principal at least ten days before the election; and

E. the appointment will not require the trainee election judge to serve past 10:00 p.m.

Subp. 5.

[Repealed, 25 SR 112]

Subp. 6. Number of trainee election judges allowed per precinct.

No more than one-third of the election judges at a precinct may be trainees.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 17 SR 8; 25 SR 112; 34 SR 1561; 43 SR 437; 50 SR 971

Minn. R. 8240.1700 [Repealed, 25 SR 112]

[Repealed, 25 SR 112]

Minn. R. 8240.1750 Head Election Judge Training

Subpart 1. Length.

A head election judge training course must be at least one hour long.

Subp. 2. Course content.

The head election judge training course must include information on the following topics:

A. head election judges' duties before election day;

B. head election judges' duties to open the polling place on election day;

C. how to use the voting equipment;

D. how to provide emergency election judge training;

E. how to use the training materials to find answers to questions arising in the polling place on election day;

F. how to help election judges work together in the polling place;

G. security and emergency plans;

H. head election judges' duties at the polling place after the polls close; and

I. how to return election materials to the local election official after the ballots have been counted.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 25 SR 112; 50 SR 971

Minn. R. 8240.1800 Course for Health Care Facility Absentee Voting

Subpart 1. Length.

The health care facility absentee voting course must be at least one hour long.

Subp. 2. Course content.

The course content must include information on the following topics:

A. who is eligible to vote absentee from health care facilities;

B. application process;

C. registration process, including methods for providing proof of residence;

D. assistance to voters;

E. voting procedures;

F. procedures for transporting voted ballots;

G. names and addresses of eligible health care facilities;

H. name of contact person at each facility; and

I. particular problems encountered in previous elections.

History

Statutory Authority: MS s 204B.25
History: 25 SR 112

Minn. R. 8240.1900 Emergency Election Judge Training Course

Subpart 1. At the polls.

The head election judge shall conduct emergency training if needed at the polling place. The training authority shall provide an outline of emergency training procedures and otherwise ensure that the head election judge is prepared to conduct emergency training, if necessary.

Subp. 2. Course content.

The head election judge shall review with a replacement judge all procedures and duties that are assigned to the replacement judge.

Subp. 3. Ongoing instruction.

The head election judge shall provide additional instruction to the replacement judge as necessary throughout election day.

History

Statutory Authority: MS s 204B.25
History: 17 SR 1279; 25 SR 112

Minn. R. 8240.1950 Emergency Head Election Judge Training

The training authority shall conduct emergency head election judge training if needed. The county auditor shall provide each training authority with an outline of emergency training procedures and a checklist of head election judge duties.

History

Statutory Authority: MS s 204B.25
History: 25 SR 112

Minn. R. 8240.2000 Training Materials

The secretary of state shall provide the county auditor with Minnesota Election Judge Guides and training materials concerning changes in election laws, rules, forms, and procedures. The county auditor shall transmit these materials to training authorities in the county. The training authority shall provide election judges with copies of the Minnesota Election Judge Guide to use at training sessions, with at least one copy for each head election judge. The municipal clerk or, for school district elections not held on the same day as another election, the school district clerk shall ensure that a Minnesota Election Judge Guide is available at each polling place on election day for use by the election judges.

History

Statutory Authority: MS s 204B.25
History: 25 SR 112

Minn. R. 8240.2100 Training Record

Each municipal clerk, and county auditor in unorganized territory, shall maintain a record of all election judges who receive training. The record must contain the election judge's name; precinct of residence; party affiliation, if any; dates of training; type of course completed on each date; and dates of election judge service. The record must be kept current for each election judge in the county or municipality.

History

Statutory Authority: MS s 204B.25
History: 17 SR 1279; 25 SR 112

Minn. R. 8240.2200 Removing Election Judge from Record

An election judge may be removed from the training record who has not received election judge basic training during the preceding two years.

History

Statutory Authority: MS s 204B.25
History: 17 SR 1279; 25 SR 112

Minn. R. 8240.2300 Certification of Training

A certification of training issued for completing an election judge training course must include the election judge's name, municipality, date of training, course completed, and the signature of the training authority.

History

Statutory Authority: MS s 204B.25
History: 17 SR 1279; 25 SR 112

Minn. R. 8240.2400 Training Plan

Subpart 1. Content.

Each training authority shall prepare a training plan.

The training plan must include the names of persons conducting training; number of sessions planned; projected attendance at each session; training materials to be used; training methods employed; and an outline of the content of each election judge training course.

Copies of all materials that will be distributed at the training sessions must be included with the training plan.

Subp. 2. Inspection.

The training plan must be available for public inspection.

History

Statutory Authority: MS s 204B.25
History: 12 SR 2215; 20 SR 2787; 25 SR 112

Minn. R. 8240.2500 In-Service Review

After each primary election and before each ensuing general, special, or municipal election, the training authority shall confer or correspond with the head election judge of each precinct to review problems or questions encountered at the primary. The training authority shall analyze problems indicated by the election returns, incorrect registrations, election judge comments, or voter complaints and shall answer questions of the head judges.

History

Statutory Authority: MS s 204B.25
History: 17 SR 1279; 25 SR 112

Minn. R. 8240.2600 [Repealed, 20 SR 2787]

[Repealed, 20 SR 2787]

Minn. R. 8240.2700 Municipal Clerk Training Requirement

Subpart 1. Certification required.

To administer an election, a municipal clerk must successfully complete an initial municipal clerk election administration training course and must remain certified in election administration under this part.

Subp. 2. Length of initial training.

An initial municipal clerk election administration training course consists of five hours of training given by a county auditor or the secretary of state. The five hours of training must be completed within one election cycle.

Subp. 3. Initial certification.

The home county auditor must issue the initial certification of election administration to a municipal clerk who successfully completes the municipal clerk election administration training course. The initial certification of election administration is valid until the end of the election cycle after the election cycle in which the certification was issued.

Subp. 4. Biennial certification maintenance requirement.

To remain certified in election administration after receiving the initial certification, a municipal clerk must successfully complete four hours of election administration training during each election cycle. The certification maintenance training must be given by a county auditor or the secretary of state and must be completed before the expiration date of the clerk's certification. The clerk must provide the home county auditor with proof that the clerk has completed certification maintenance training before the expiration date of the clerk's certification. At the beginning of each election cycle, the home county auditor shall issue a new certification of election administration to a municipal clerk who has completed the biennial certification maintenance requirement. The new certification of election administration is valid until the end of the election cycle in which the new certification was issued.

Subp. 5. Training content.

An election administration training course for municipal clerks must include training on:

A. candidate filings;

B. campaign practices;

C. campaign finance requirements;

D. the election calendar;

E. ballot preparation;

F. election judge recruitment and duties;

G. notice requirements;

H. voting systems, if used in the municipality;

I. electronic pollbook training (if used in the jurisdiction);

J. mail ballot precincts and mail elections;

K. voting before election day (absentee and early voting);

L. security practices and emergency plans; and

M. post-election duties.

Subp. 6. Alternative training.

Election administration training given by an individual other than a county auditor or the secretary of state may fulfill up to four hours of the initial certification requirement or three hours of the biennial certification maintenance requirement if the training covers topics listed in subpart 5. The municipal clerk must provide the home county auditor with a description of the course to receive credit for the alternative training. The home county auditor must review the course description to determine whether the alternative training covers topics listed in subpart 5.

Subp. 7. Credit for election judge training.

Time spent attending the adult education training methods course required by part 8240.1100 must not be counted toward fulfillment of a clerk's initial certification requirement or biennial certification maintenance requirement. Time spent teaching the first session of each type of election judge training or attending any type of election judge training may be counted toward fulfillment of a clerk's initial certification requirement or biennial certification maintenance requirement.

Subp. 8. Record.

The home county auditor must keep a record of all municipal clerks who receive election administration training. The record must contain the clerk's name, the clerk's municipality, the name and date of any completed training course, the date certification was completed, the name and date of any completed post-certification courses, and the date the clerk's certification expires. The auditor may remove a clerk's name from the record if the clerk's certification has been expired for at least two years.

Subp. 9. Emergency training.

A municipal clerk who has taken office less than six months before an election may administer that election after completing two hours of emergency training given by the home county auditor or secretary of state.

Subp. 10. Certification for municipal staff.

Municipal employees designated by the municipal clerk may attend municipal clerk election administration training courses. The home county auditor shall issue a certification of election administration to a municipal designee who successfully completes a municipal clerk election administration training course.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 25 SR 112; 43 SR 437; 50 SR 971

Minn. R. 8240.2800 School District Clerk Training Requirement

Subpart 1. Certification required.

To administer an election, a school district clerk must successfully complete an initial school district clerk election administration training course and must remain certified in election administration under this part.

Subp. 2. Length of initial training.

An initial school district clerk election administration training course consists of five hours of training given by a county auditor or the secretary of state. The five hours of training must be completed within one election cycle.

Subp. 3. Initial certification.

The home county auditor must issue the initial certification of election administration to a school district clerk who successfully completes the school district clerk election administration training course. The initial certification of election administration is valid until the end of the election cycle after the cycle in which the certification was issued.

Subp. 4. Biennial certification maintenance requirement.

To remain certified in election administration after receiving the initial certification, a school district clerk must successfully complete four hours of election administration training during each election cycle. The certification maintenance training must be given by a county auditor or the secretary of state and must be completed before the expiration date of the clerk's certification. The clerk must provide the home county auditor with proof that the clerk has completed certification maintenance training before the expiration date of the clerk's certification. At the beginning of an election cycle, the home county auditor shall issue a new certification of election administration to a school district clerk who has completed the biennial certification maintenance requirement. The new certification of election administration is valid until the end of the election cycle in which the new certification was issued.

Subp. 5. Training content.

An election administration training course for school district clerks must include training on:

A. candidate filings;

B. campaign practices;

C. campaign finance requirements;

D. the election calendar;

E. ballot preparation;

F. election judge duties;

G. notice requirement;

H. voting systems, if used in the school district;

I. electronic pollbooks, if used in the school district;

J. mail elections;

K. absentee voting;

L. security practices and emergency plans; and

M. post-election duties.

Subp. 6. Alternative training.

Election administration training given by an individual other than a county auditor or the secretary of state may fulfill up to four hours of the initial election administration training course or three hours of the biennial certification maintenance requirement if the training covers topics listed in subpart 5. The school district clerk must provide the home county auditor with a description of the course to receive credit for the alternative training. The home county auditor must review the course description to determine whether the alternative training covers topics listed in subpart 5.

Subp. 7. Credit for election judge training.

Time spent attending any type of election judge training may be counted toward fulfillment of a clerk's initial certification requirement or biennial certification maintenance requirement.

Subp. 8. Record.

The home county auditor must keep a record of all school district clerks who receive election administration training. The record must contain the clerk's name, the clerk's school district, the name and date of any completed training course, the date certification was completed, the name and date of any completed post-certification courses, and the date the clerk's certification expires. The auditor may remove a clerk's name from the record if the clerk's certification has been expired for at least two years.

Subp. 9. Emergency training.

A school district clerk who has taken office less than six months before an election may administer that election after completing two hours of emergency training given by the home county auditor or secretary of state.

Subp. 10. Certification for school district staff.

School district employees designated by the school district clerk may attend school district clerk election administration training courses. The home county auditor shall issue a certification of election administration to a school district designee who successfully completes a school district clerk election administration training course.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 25 SR 112; 43 SR 437; 50 SR 971

Minn. R. 8240.2850 [Repealed, 38 SR 1368]

[Repealed, 38 SR 1368]

Minn. R. 8240.2900 County Auditor Election Administration Certification

Subpart 1. Length of initial training.

To be certified in election administration by the secretary of state, a county auditor must successfully complete a county auditor election administration training course. A county auditor election administration training course consists of 15 hours of training given by the secretary of state. The 15 hours of training must be completed within one election cycle.

Subp. 2. Initial certification.

The secretary of state must issue the initial certification of election administration to a county auditor who successfully completes the county auditor election administration training course. The initial certification of election administration is valid until December 31 of the calendar year after the election cycle in which the certification was issued.

Subp. 3. Annual certification maintenance requirement.

To remain certified in election administration after receiving the initial certification, a county auditor must successfully complete two hours of election administration training during each calendar year. The certification maintenance training must be given by the secretary of state and must be completed before the expiration date of the auditor's certification. The auditor must provide the secretary of state with proof that the auditor has completed certification maintenance training before the expiration date of the auditor's certification. The secretary of state shall issue a new certification of election administration to a county auditor who has completed the annual certification maintenance requirement. The new certification of election administration is valid until December 31 of the year in which the new certification was issued.

Subp. 4. Training content.

An election administration training course for county auditors must include training on:

A. the voter registration system;

B. candidate filings;

C. campaign practices;

D. campaign finance requirements;

E. the election calendar;

F. ballot and equipment preparation;

G. election judge recruitment and duties;

H. mail ballot precincts and mail elections;

I. voting before election day (early and absentee voting);

J. the election night reporting system;

K. security practices and emergency plans;

L. post-election duties;

M. records retention and data practice requests; and

N. the duties performed by municipal and school district clerks.

Subp. 5. Alternative training.

Election administration training given by an individual other than the secretary of state may fulfill up to 13 hours of the initial certification requirement or one hour of the annual certification maintenance requirement if the training covers topics listed in subpart 4. The county auditor must provide the secretary of state with a description of the course to receive credit for the alternative training. The secretary must review the course description to determine whether the alternative training covers topics listed in subpart 4.

Subp. 6. Credit for election judge training.

Time spent attending the adult education training methods course required by part 8240.1100 must not be counted toward fulfillment of an auditor's initial certification requirement or annual certification maintenance requirement. Time spent teaching the first session of each type of election judge training or attending any type of election judge training may be counted toward fulfillment of an auditor's initial certification requirement or annual certification maintenance requirement.

Subp. 7. Record.

The secretary of state must keep a record of all county auditors who receive election administration training. The record must contain the auditor's name, the auditor's county, the name and date of any completed training course, the date certification was completed, the name and date of any completed post-certification courses, and the date the auditor's certification expires. The secretary of state may remove an auditor's name from the record if the auditor's certification has been expired for at least two years.

Subp. 8. Emergency training.

The secretary of state shall conduct emergency election administration training for a county auditor who has taken office less than two months before an election.

Subp. 9. Certification for county election staff.

County employees designated by the county auditor may attend county auditor election administration training courses. The secretary of state shall issue a certification of election administration to a county designee who successfully completes a county auditor election administration training course.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 25 SR 112; 43 SR 437; 50 SR 971

Chapter 8250 BALLOT PREPARATION

Minn. R. 8250.0100 [Repealed, 38 SR 1368]

[Repealed, 38 SR 1368]

Minn. R. 8250.0200 Auditor's Duties

The state general election ballot shall be prepared under the direction of the county auditors in a sufficient number to enable the clerks to comply with Minnesota Statutes, section 204B.29. The county auditors shall prepare and print the state general election ballot as soon as practicable, but in no event less than 46 days before the election. At least 46 days before the general election the auditor shall file sample copies of the state general election ballot for each precinct in the auditor's office for public inspection and transmit electronic copies of these sample ballots to the secretary of state. Ballots for distribution in the polling place must be packaged in quantities of 25, 50, or 100.

History

Statutory Authority: MS s 204D.11; 206.57
History: 8 SR 1348; 10 SR 1690; 25 SR 616; 38 SR 1368

The judicial ballot must only be used when it is not possible to place all offices on a single ballot for the state general election as provided in Minnesota Statutes, section 204D.11, subdivision 6. The ballot for judicial nonpartisan offices must be prepared in the same manner as the state general election ballot, except the ballot heading provided in part 8250.1810, subpart 3, must instead use the words "Judicial Nonpartisan General Election Ballot."

Subp. 2.

[Repealed, 38 SR 1368]

History

Statutory Authority: MS s 204D.11
History: 19 SR 593; 23 SR 459; 38 SR 1368; 40 SR 1553

Minn. R. 8250.0385 Form of Town Election Ballot

Subpart 1. General form.

A town election ballot must be prepared in the same manner as the state general election ballot as provided in part 8250.1810, except towns conducting an election under the limited exemption under Minnesota Statutes, section 206.57, subdivision 5a, may prepare ballots as provided in this part.

Subp. 1a. Ballot heading.

The words "Town Election Ballot" must be printed at the top of the ballot.

Subp. 2. Ballot order.

Town offices and questions must be listed in the following order and must be identified as follows:

Town Supervisor

Town Clerk

Town Treasurer

Town Question

The name and/or number of the district that the person elected will represent must be printed directly under the title of the office.

If two of the offices listed in this subpart have been combined into one office, the combined office must take the place of the first office listed in this subpart. The title of a vacant township office being filled at an annual town election may be followed by the number of years remaining in the term. Town offices not listed in this subpart must follow the last office listed above and must be listed in the order determined by the town clerk.

Subp. 3. Names of candidates.

The full name of each candidate shall be printed at right angles to the length of the town election ballot. Below the name of the last candidate for each office shall be placed as many blank lines as there are offices of that kind to be filled, and on the blank lines the voter may write the names of persons not printed on the ballot for whom the voter desires to vote. When no person has filed for an office to be filled, the title and identification of the office shall be printed on the town election ballot with as many blank lines below as there are offices to be filled; the voter's choice may be written in the blanks. On the left side of the ballot and on a line with the names of candidates and the blank lines, there shall be placed squares or similar target shapes, and each square or similar target shape must be of the same size, in which the voter may designate the choice by a mark (X). The name of a candidate may not appear on a ballot in any way which gives the candidate an advantage over an opponent except as provided by law.

Subp. 4. Town questions.

The following words must be printed directly under the ballot heading, municipality name, election type, and election date. "To vote for a question, put an (X) in the square next to the word "Yes" on that question. To vote against a question, put an (X) in the square next to the word "No" on that question." When a target shape other than a square is used on the ballot, then the word "square" must be replaced with the applicable target shape word. When more than one town question is on the ballot, each town ballot question must be designated by a number and must be preceded by the words "Town Question" and the number assigned to the question. The town clerk or town governing body shall provide a title for each town question printed on the town election ballot. The title must not contain more than ten words. The municipality's attorney shall review the title to determine whether it accurately describes the question asked. The title must not be used on the ballot until it has been approved by the municipality's attorney. The title must be printed above the question to which it refers. The body of the question must be printed in upper and lower case letters.

Subp. 5. Back of ballot.

On the back of the town election ballot shall be printed the words "Official Ballot," the date of the election, and lines for the initials of two judges. The printing shall be placed as to be visible when the ballot is properly folded for deposit.

Subp. 6. Type styles and sizes.

The words "Put an (X) in the square opposite the name of each candidate you wish to vote for" must be printed in upper and lower case in as large as practicable but no smaller than 8-point bold type. When a target shape other than a square is used on the ballot, then the word "square" must be replaced with the applicable target shape word.

The words "Town Election Ballot" must be printed in as large as practicable but not smaller than 18-point type.

The office and its identification must be printed in as large as practicable but no smaller than 10-point bold type.

The words "Vote For One" must be printed in as large as practicable but no smaller than 8-point bold type.

The names of the candidates must be printed in as large as practicable but no smaller than 8-point bold type.

The words "Official Ballot" on the back of the ballot must be printed no smaller than 8-point bold type, the date in upper case in as large as practicable but no smaller than 8-point type, and the word "Judge" in upper and lower case in as large as practicable but no smaller than 10-point type.

Subp. 7. Town clerk's duties.

The town clerk shall prepare and print the town election ballot as soon as practicable, but in no event less than 30 days before the election. Two weeks before the election, the town clerk shall file sample copies in the town clerk's office for public inspection. The town election ballot shall be printed with black ink on white paper as close as practicable to 30 pound. The ballot shall be no less than four inches wide and printed so as to be easily legible, with suitable lines for division between candidates, office, instructions, and other matter proper to be printed on the ballot. The town clerk shall prepare the ballots in such a manner as to enable the voter to understand what candidates have been nominated and how many are to be elected to each office and to designate the voter's choice easily and accurately.

History

Statutory Authority: MS s 205.17
History: 23 SR 459; 25 SR 616; 38 SR 1368; 40 SR 1553

History

Statutory Authority: MS s 204D.11
History: 40 SR 1553

History

Statutory Authority: MS s 204D.11; 206.57; 206.84
History: 13 SR 347; 20 SR 2787; 34 SR 1561; 40 SR 1553

Minn. R. 8250.1700 [Repealed, 23 SR 459]

[Repealed, 23 SR 459]

Minn. R. 8250.1800 [Repealed, 34 SR 1561]

[Repealed, 34 SR 1561]

Minn. R. 8250.1810 Format of Ballots for Optical Scan Systems

Subpart 1. Ballot form.

The optical scan ballot shall be prepared in a sufficient number to enable the clerks to comply with Minnesota Statutes, section 204B.29. The ballot shall be prepared and printed as soon as practicable, but in no event less than 46 days before an election unless otherwise specified in statute. Ballots for distribution in the polling place must be shrink-wrapped in quantities of 25, 50, or 100.

The ballot shall be printed with black ink on white paper. The ballot shall be printed so as to be easily legible and in mixed upper and lower case, with suitable lines for divisions between candidates, offices, instructions, and other matter proper to be printed on the ballot.

Each ballot must have printed on it both the name of the precinct and an electronically readable precinct identifier or ballot style indicator. A ballot style used in more than one precinct may have the names of all precincts in which it is used printed on the ballot. If multiple ballots styles are to be used in the same precinct for precincts split by school districts, each ballot style must include the precinct name and applicable school district number. Only the electronically readable precinct identifier or ballot style indicator is required on a presidential only or federal only absentee ballot.

Subp. 2. Primary ballot form.

Items A to E apply to primary ballots.

A. On the partisan primary ballot, the names of the political parties that head the political party columns must be printed in as large as practicable but no smaller than 14-point bold type and must be shaded with a screen of at least ten percent. When a party does not have candidates within a given precinct, the party headings are to remain on top of each column, regardless of whether the party has a contest on the given ballot.

B. If a partisan primary ballot also includes a nonpartisan primary section, the ballot must contain a demarcation indicating the beginning of the nonpartisan section of the ballot.

C. Pursuant to Minnesota Statutes, section 206.90, subdivision 6, the instructions in Minnesota Statutes, section 204D.08, do not apply to optical scan partisan primary ballots.

D. If a partisan primary ballot has political party columns on both sides of the ballot, the instruction in subpart 13 for two-sided ballots must not be used on the ballot.

E. If a primary ballot or special primary ballot contains only a partisan primary, the instructions to the voter must include a statement that reads substantially as follows: "This is a partisan primary ballot. You are permitted to vote for candidates of one political party only." If a partisan primary ballot contains both a partisan ballot and a nonpartisan ballot, the instructions to voters must include a statement that reads substantially as follows: "This ballot card contains a partisan ballot and a nonpartisan ballot. On the partisan ballot you are permitted to vote for candidates of one political party only." If a primary ballot contains political party columns on both sides of the ballot, the instructions to voters must include a statement that reads substantially as follows: "Additional political parties are printed on the other side of this ballot. Vote for one political party only." At the bottom of each political party column on the primary ballot, the ballot must contain a statement that reads substantially as follows: "Continue voting on the nonpartisan ballot." These statements must be printed in as large as practicable but no smaller than 10-point type.

F. The names of candidates for nomination of the major political party that received the smallest average vote at the last state general election must be placed in the first column on the left side of the ballot. The names of candidates for nomination of the major political party that received the next smallest average vote at the last state general election must be placed in the second column and so on. The average vote shall be computed in the manner provided in Minnesota Statutes, section 204D.13, subdivision 2. If there are only two major political parties to be listed, one party must occupy the left hand column, the other party must occupy the right hand column, and the center column must contain the following statement: "Do not vote for candidates of more than one party."

Subp. 3. Ballot heading.

At the top of a ballot containing both partisan and nonpartisan offices, the applicable words "State General Election Ballot" or "State Partisan Primary Ballot" and "State and County Nonpartisan Primary Ballot" shall be printed. At the top of a special election ballot for state office containing only a vacancy for a partisan office, the words "Special Election Ballot" shall be printed. At the top of a primary ballot containing only partisan offices, the words "State Primary Ballot" shall be printed. At the top of a special primary ballot for state office containing only a vacancy for a partisan office, the words "Special Primary Ballot" shall be printed. At the top of a ballot containing only nonpartisan offices, the words "General Election Ballot" or "Primary Election Ballot" shall be printed, except for first-class cities which may use an optional heading. At the top of a ballot containing questions only, the words "Special Election Ballot" shall be printed.

When a county, municipal, school district, or hospital district election is held other than in conjunction with a federal or state office, the applicable words "County Election Ballot," "City Election Ballot," "Town Election Ballot," "School District Ballot," or "Hospital District Ballot" shall be printed.

The name of the jurisdiction preparing the ballot may be added within the heading in no smaller than 8-point type. The date of the election must be printed within the heading in no smaller than 8-point type.

The ballot heading must be printed no smaller than 10-point type.

On the front of the ballot the words "Official Ballot" must be printed in as large as practicable but no smaller than 8-point bold type and the word "Judge" in as large as practicable but no smaller than 8-point type with lines for initials of at least two election judges.

Subp. 4. Instructions to voters.

Under the heading at the top of each side of the ballot, the words "Instructions to Voters:" must be printed in bold and in as large as practicable but no smaller than 12-point bold type. The words "To vote, completely fill in the oval(s) next to your choice(s) like this: (R)." or a similar wording or mark if a different target shape is used by the electronic voting equipment must follow and be printed in as large as practicable but no smaller than 8-point bold type. The county may include an image demonstrating the instruction if approved by the secretary of state.

Immediately under each office title and district identified, one of the following instructions must be printed in bold type in as large as practicable but no smaller than 8-point type:

Vote for One Team

Vote for One

Vote for Up to ....... followed by the number of candidates to be elected.

Subp. 5. Order and form of office types.

When more than one of the following types of offices is on the ballot, the offices must appear on the ballot in the following order and must be identified as follows:

Federal Offices

State Offices

Constitutional Amendments

County Offices

County Questions

City Offices

City Questions

Town Offices

Town Questions

School District Offices

School District Questions

Special District Offices

Special District Questions

Judicial Offices

The name or the number of the appropriate municipality, school district, or special district may be added directly under the office types listed in this subpart.

Subp. 6. Order and form of offices.

The offices must appear on the ballot in the following order and must be identified as follows in as large as practicable but no smaller than 10-point bold type. The office titles must be shaded with a screen of at least ten percent:

President and Vice-President

United States Senator

United States Representative

State Senator

State Representative

Governor and Lieutenant Governor

Secretary of State

State Auditor

Attorney General

County Commissioner

County Auditor

County Treasurer

County Auditor-Treasurer

County Recorder

County Sheriff

County Attorney

County Surveyor

County Coroner

County Park Commissioner

Soil and Water Conservation District Supervisor

Conservation District Supervisor

County Questions

Mayor

Council Member

City Clerk

City Treasurer

City Questions

Town Supervisor

Town Clerk

Town Treasurer

Town Questions

School Board Member

School District Questions

Hospital District Board Member

Hospital District Questions

Judicial offices must follow special district offices and appear in the following order:

Chief Justice - Supreme Court

Associate Justice - Supreme Court

Judge - Court of Appeals

Judge - District Court

"United States" may be abbreviated as "U.S." Directly underneath the titles of the offices of United States representative and state senator and representative must be printed the district numbers (for example: "District 6") that the person elected will represent. A single vote must be cast for president and vice-president and for governor and lieutenant governor.

If on the same ballot with other offices of the same type, offices elected at large must include "At Large" following the office identification and must be listed before other offices of the same type elected by district.

Where nonjudicial offices are designated by number, those offices must be listed in numerical order and must be printed directly under the title of the office. Where judicial offices are designated by number, the seats must be listed in numerical order, except that for 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.

If an office is not to be filled at a general election, the office must not appear on the ballot. If two of the offices have been combined into one office, the combined office must take the place of the first office listed in this subpart.

Any county offices not listed must follow the office of soil and water conservation district supervisor on the ballot and must be listed in the order determined by the county auditor.

Subp. 7. Order and form of candidate names.

The name of each candidate as filed on the affidavit of candidacy shall be printed at right angles to the length of the ballot. On state primary ballots for nomination to a partisan or nonpartisan office, and on state general election ballots and judicial nonpartisan general election ballots, the names of each candidate shall be rotated with the names of the other candidates pursuant to part 8220.0825. If the number of candidates for an office is equal to or less than the number to be elected, no rotation of candidate names is required and the official preparing the ballot shall determine the position of the candidates by lot. The candidate names must be printed in as large as practicable but no smaller than 10-point type. The name of the candidate must be aligned as close to the vote target as possible. Below the name of each candidate for a partisan office must appear in the designation in not more than three words of the party or principle the candidate represents. Words used in the name of a major political party as defined in Minnesota Statutes, section 200.02, subdivision 7, may not be used to identify the party of a candidate of any other party. This prohibition does not apply to the word "independent," if it is used in the name of a major political party. The word "nonpartisan" may not be used in the designation of any candidate for a partisan office. The party or principle designation, if applicable, must be printed under the candidate name in as large as practicable but no smaller than 8-point type.

Subp. 8. Order and form of write-in candidate lines.

On general election ballots, below the name of the last candidate for each office shall be placed as many blank lines as there are offices of that kind to be filled, and on the blank lines the voter may write the name of persons not printed on the ballot for whom the voter desires to vote. When no person has filed for an office to be filled, the title and identification of the office shall be printed on the ballot with as many blank lines below as there are offices to be filled. Above or below each write-in line the words "write-in, if any" must appear in as large as practicable but no smaller than 6-point type and must be aligned next to the vote target.

Subp. 9. Order of candidates nominated by petition for president and vice president in general election.

At least 11 weeks before the state general election, the secretary of state shall draw lots once by political party or principle for the candidates for president and vice president nominated by petition. To draw the lot, a candidate who has used the word "independent" to designate the candidate's party or principle must be identified by the word "independent" followed by the candidate's surname. If more than one candidate is nominated by petition for the same office within the same political party or principle, the secretary of state shall draw a supplementary lot within that party or principle by candidate surname to determine the order of those candidates.

Subp. 10. Order and form of ballot questions.

Ballot questions must be printed after offices of the same jurisdiction. Directly after the office type required in subpart 2, the following words must be printed in upper and lower case and no smaller than 8-point type: "To vote for a question, fill in the oval next to the word 'Yes' on that question. To vote against a question, fill in the oval next to the word 'No' on that question." or if a target shape other than an oval is used on the ballot, then the word "oval" must be replaced with the applicable target shape word. When more than one question is on the ballot for a given jurisdiction, each ballot question must be designated by a number and must be preceded by the words "County Question," "City Question," "Town Question," "School District Question," "Hospital District Question," and the number assigned to the question in as large as practicable but no smaller than 10-point bold type. The name and/or number of the jurisdiction that the question will represent may be printed directly under the heading of the question. The question heading and numbers (where applicable) must be shaded with a screen of at least ten percent. A clerk, county auditor, or appropriate governing body shall provide a title for each question printed on the ballot. The title must not contain more than ten words and must not be used on the ballot until it has been approved by the jurisdiction's legal counsel. The title must be printed in bold type in as large as practicable but no smaller than 10-point type and must be printed in the same section as the body of the question to which it refers. The body of the question must be printed in as large as practicable but no smaller than 10-point type. The words "Yes" and "No" must be aligned as close as possible to the vote targets and must be printed in bold type in as large as practicable but no smaller than 10-point type.

Subp. 11. Instructions, order and form of constitutional amendments.

For a ballot containing a constitutional amendment, the following statement shall be printed beneath the heading in "Constitutional Amendment" no smaller than 8-point type: "Failure to vote on a constitutional amendment will have the same effect as voting no on the amendment." A bold dividing line running the width of the ballot column shall be immediately below the statement. The words "To vote for a proposed constitutional amendment, fill in the oval next to the word 'Yes' on that question. To vote against a proposed constitutional amendment, fill in the oval next to the word 'No' on that question." must follow and be printed in upper and lower case and no smaller than 8-point type. If a target shape other than an oval is used on the ballot, then the word "oval" must be replaced with the applicable target shape word. If more than one constitutional amendment is on the ballot, each constitutional amendment must be designated by a number and must be preceded by the word "Amendment" and the number assigned to the amendment and the title required by Minnesota Statutes, section 204D.15, subdivision 1, must be printed in as large as practicable but no smaller than 10-point bold type and must be shaded with a screen of at least ten percent. The body of the question must be printed in as large as practicable but no smaller than 10-point type. The words "Yes" and "No" must be aligned as close as possible to the vote targets and must be printed in bold type in as large as practicable but no smaller than 10-point type.

Subp. 12. Vote targets.

The target used to indicate to the voters where to mark their votes may be either a horizontal oval next to the candidate name or similar target if used by certified equipment. The target may be highlighted or outlined in a color that does not affect the ability of the ballot counter to read the ballot.

Subp. 13. Two-sided ballots.

On two-sided ballots, the words "Vote front and back of ballot" must be printed in no smaller than 10-point bold type at the bottom of both sides of the ballot.

Subp. 14. Form of federal ballot.

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 printed on white paper which shall be known as the "federal ballot." This ballot must be prepared and furnished in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act, United States Code, title 42, section 1973ff. The federal ballot shall be the only ballot sent to citizens of the United States who are eligible to vote by absentee ballot only for federal candidates in Minnesota. The federal ballot shall conform in all other respects to the State Primary or State General election ballot.

Subp. 15. Form of presidential ballot.

The names of all candidates for the offices of president and vice-president of the United States shall be placed on a ballot printed on white paper which shall be known as the "presidential ballot." This ballot must be prepared and furnished in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act, United States Code, title 42, section 1973ff. The presidential ballot shall be the only ballot provided to citizens of the United States who are eligible to vote by absentee ballot only for presidential candidates in Minnesota. The presidential ballot shall conform in all other respects to the State General election ballot.

Subp. 16. Order and form of special election ballot.

The names of candidates to fill vacancies at a special election for county, municipal, and school district offices must be listed under the heading "Special election for (name of office)," followed by "To fill vacancy in term expiring (date)" with the name of the office, the date of expiration of the term, and any other information necessary to distinguish the office. For state offices, immediately following the title of the office shall be printed "To fill vacancy in term expiring (date)." Vacant offices being filled by special election must be listed with other offices of that type but after any offices for which a candidate will be elected for a full term, except as required by Minnesota Statutes, section 204D.25, subdivision 1.

Subp. 17. Extraneous marks.

No election official may place marks on the ballot other than those provided in Minnesota Statutes, section 204C.09, subdivision 1, or 206.86, subdivision 5.

Subp. 18. Example ballot.

The secretary of state shall supply each auditor with a copy of an example ballot by May 1 of each year. Translated copies of the example ballots shall be provided according to Minnesota Statutes, section 204B.295, subdivision 1. 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 ballots must conform in all respects to the example ballot.

Subp. 19. Alternative ballot.

The requirements in this part do not apply to the printed and marked paper ballots that use the alternative ballot format permitted by Minnesota Statutes, section 206.80, paragraph (b), clause (2), item (ii). For precincts using alternative ballots, the marked paper ballot must indicate, 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 all applicable laws was displayed electronically. The ballot must also include lines for initials of at least two election judges.

History

Statutory Authority: MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11
History: 34 SR 1561; 38 SR 1368; 40 SR 1553; 43 SR 437; 50 SR 971

Minn. R. 8250.9910 [Repealed, 23 SR 459]

[Repealed, 23 SR 459]

Minn. R. 8250.9920 [Repealed, 23 SR 459]

[Repealed, 23 SR 459]

Chapter 8255 REDISTRICTING

Minn. R. 8255.0010 Alternate Dates for Completion of Local Redistricting

If the adoption of the legislative redistricting plan or the resolution of any court challenge to the legislative redistricting plan occurs less than 19 weeks before the state primary, in a year ending in two, the following schedule for reestablishment of precinct boundaries and election districts must be followed:

A. Precincts must be reestablished no later than 28 days after the adoption of the legislative plan.

B. Wards must be redistricted no later than 28 days after the adoption of the legislative plan.

C. Local government election districts must be redistricted no later than 42 days after adoption of the legislative plan. When a municipality completes the reestablishment of precinct boundaries, the municipal clerk shall immediately provide the secretary of state, county auditor, and all school districts with territory in the municipality a copy of a map illustrating the precinct boundaries.

History

Statutory Authority: MS s 204B.14
History: 16 SR 2026; 25 SR 616

Minn. R. 8255.0015 Coordination of Reestablishment of Precinct Boundaries

After redistricting, a municipality must obtain maps of the school districts located wholly or partially in the municipality before the municipality reestablishes its precinct boundaries. A municipality must obtain the school district maps no later than 21 days after the adoption of the legislative plan.

History

Statutory Authority: MS s 204B.14
History: 25 SR 616

Minn. R. 8255.0020 [Repealed, 40 SR 1553]

[Repealed, 40 SR 1553]

Minn. R. 8255.0025 [Repealed, 40 SR 1553]

[Repealed, 40 SR 1553]

Minn. R. 8255.0030 Posting Notice of Boundary Changes

When a precinct boundary is reestablished or a local government election district boundary is redistricted under part 8255.0010, a notice and a detailed map showing the new precincts or districts must be posted at the locations and in the manner in items A to C.

A. For precincts and wards established by a municipality, the notice prepared by the municipal clerk must be posted in the clerk's office. The notice may be posted in other conspicuous locations in the municipality, at the discretion of the clerk. The information posted must also be made available for public inspection at the office of the county auditor.

B. For districts established by a county, the notice must be prepared by the county auditor and posted in the auditor's office. The county auditor shall provide a copy of the notice to each municipal clerk in the county. Each municipal clerk shall post the notice of county precincts and election districts.

C. For precincts and districts established by school districts, the notice must be prepared by the school district clerk and posted in the clerk's office. The notice may be posted in other conspicuous locations in the school district, at the discretion of the clerk. The information posted must also be available for public inspection at the office of the county auditor. The notices required by this part must be posted within 72 hours after the adoption of precinct or election district boundaries. The notices must remain posted until the day following the state general election in a year ending in two.

History

Statutory Authority: MS s 204B.14
History: 16 SR 2026

Minn. R. 8255.0040 Published Notification by County Auditor

When precincts are reestablished or local government election districts are redistricted under part 8255.0010, the county auditor shall publish a notice illustrating or describing the congressional, legislative, and county commissioner districts in the county in one or more qualified newspapers in the county. The publication must occur no later than 14 days after the redistricting of local government election districts is completed.

History

Statutory Authority: MS s 204B.14
History: 16 SR 2026

Minn. R. 8255.0050 Notice to Affected Voters

When precinct boundaries are changed under part 8255.0010, the county auditor or municipal clerk shall notify each affected registered voter of the change at least one week prior to the state primary held after the change takes place.

History

Statutory Authority: MS s 204B.14
History: 16 SR 2026