(a) Any individual may file a petition in the manner provided in this section for the correction of any of the following errors, omissions, or wrongful acts which have occurred or are about to occur:
(1) an error or omission in the placement or printing of the name or description of any candidate or any question on any official ballot, including the placement of a candidate on the official ballot who is not eligible to hold the office for which the candidate has filed;
(2) any other error in preparing or printing any official ballot;
(3) failure of the chair or secretary of the proper committee of a major political party to execute or file a certificate of nomination;
(4) any wrongful act, omission, or error of any election judge, municipal clerk, county auditor, canvassing board or any of its members, the secretary of state, or any other individual charged with any duty concerning an election.
(b) The petition shall describe the error, omission, or wrongful act and the correction sought by the petitioner. The petition shall be filed with any judge of the supreme court in the case of an election for state or federal office or any judge of the district court in that county in the case of an election for county, municipal, or school district office. The petitioner shall serve a copy of the petition on the officer, board or individual charged with the error, omission, or wrongful act, on all candidates for the office in the case of an election for state, federal, county, municipal, or school district office, and on any other party as required by the court. Upon receipt of the petition the court shall immediately set a time for a hearing on the matter and order the officer, board or individual charged with the error, omission or wrongful act to correct the error or wrongful act or perform the duty or show cause for not doing so. In the case of a review of a candidate's eligibility to hold office, the court may order the candidate to appear and present sufficient evidence of the candidate's eligibility. The court shall issue its findings and a final order for appropriate relief as soon as possible after the hearing. Failure to obey the order is contempt of court.
1981 c 29 art 4 s 44; 1986 c 444; 1990 c 453 s 6; 2014 c 204 s 1; 2015 c 70 art 1 s 31
Structure Minnesota Statutes
Chapters 200 - 212 — Elections
Chapter 204B — Election Administration; General Provisions
Section 204B.01 — Definitions.
Section 204B.02 — Application.
Section 204B.03 — Manner Of Nomination.
Section 204B.04 — Candidacy; Prohibitions.
Section 204B.06 — Filing For Primary; Affidavit Of Candidacy.
Section 204B.07 — Nominating Petitions.
Section 204B.071 — Petitions; Rules Of Secretary Of State.
Section 204B.08 — Signing Petitions.
Section 204B.09 — Time And Place Of Filing Affidavits And Petitions.
Section 204B.10 — Affidavits Of Candidacy; Nominating Petitions; Duties.
Section 204B.11 — Candidates; Filing Fees; Petition In Place Of Filing Fee.
Section 204B.12 — Withdrawal Of Candidates.
Section 204B.13 — Vacancy In Nomination; Partisan Office.
Section 204B.131 — Vacancy In Nomination; Nonpartisan Office.
Section 204B.135 — Redistricting Of Election Districts.
Section 204B.14 — Election Precincts.
Section 204B.145 — Duties Of Secretary Of State; Redistricting.
Section 204B.146 — Duties Of Secretary Of State.
Section 204B.15 — Unorganized Territory; Election Precincts.
Section 204B.16 — Polling Places; Designation.
Section 204B.175 — Change Of Polling Place In An Emergency.
Section 204B.18 — Polling Places; Equipment.
Section 204B.181 — Election Emergency Plans.
Section 204B.19 — Election Judges; Qualifications.
Section 204B.195 — Time Off From Work To Serve As Election Judge.
Section 204B.20 — Election Board; Head Election Judge; Duties.
Section 204B.21 — Appointment Of Election Judges.
Section 204B.22 — Election Judges; Number Required.
Section 204B.23 — Vacancies Among Election Judges.
Section 204B.24 — Election Judges; Oath.
Section 204B.25 — Training For Election Judges.
Section 204B.26 — Election Judges; Violations; Penalties.
Section 204B.27 — Duties Of Secretary Of State.
Section 204B.28 — Clerks; Election Supplies; Duties.
Section 204B.29 — Election Judges; Election Supplies; Duties.
Section 204B.30 — Unofficial Ballots.
Section 204B.31 — Compensation For Election Services.
Section 204B.32 — Election Expenses; Payment.
Section 204B.33 — Notice Of Filing.
Section 204B.34 — Notice Of Election.
Section 204B.35 — Preparation Of Ballots.
Section 204B.36 — Ballots; Form.
Section 204B.37 — Back Of Ballot.
Section 204B.38 — Names On Ballots; Identical Descriptive Words.
Section 204B.39 — Substitute Ballots.
Section 204B.40 — Ballots; Election Records And Other Materials; Disposition; Inspection Of Ballots.
Section 204B.43 — Unlawful Printing Or Distribution Of Ballots; Penalty.
Section 204B.44 — Errors And Omissions; Remedy.
Section 204B.45 — Mail Balloting.
Section 204B.46 — Mail Elections; Questions.
Section 204B.47 — Alternative Election Procedures; Duties Of Secretary Of State.