Subdivision 1. Manner of challenging. An election judge shall, and an authorized challenger or other voter may, challenge an individual based on personal knowledge that the individual is not an eligible voter.
Subd. 2. Statement of grounds; oath. A challenger must be a resident of this state. The secretary of state shall prepare a form that challengers must complete and sign when making a challenge. The form must include space to state the ground for the challenge, a statement that the challenge is based on the challenger's personal knowledge, and a statement that the challenge is made under oath. The form must include a space for the challenger's printed name, signature, telephone number, and address.
An election judge shall administer to the challenged individual the following oath:
"Do you solemnly swear (or affirm) that you will fully and truly answer all questions put to you concerning your eligibility to vote at this election?"
The election judge shall then ask the challenged individual sufficient questions to test that individual's residence and right to vote.
Subd. 3. Determination of residence. In determining the legal residence of a challenged individual, the election judges shall be governed by the principles contained in section 200.031. If the challenged individual's answers to the questions show ineligibility to vote in that precinct, the individual shall not be allowed to vote. If the individual has marked ballots but not yet deposited them in the ballot boxes before the election judges determine ineligibility to vote in that precinct, the marked ballots shall be placed unopened with the spoiled ballots. If the answers to the questions fail to show that the individual is not eligible to vote in that precinct and the challenge is not withdrawn, the election judges shall verbally administer the oath on the voter certificate to the individual. After taking the oath and completing and signing the voter certificate, the challenged individual shall be allowed to vote.
Subd. 4. Refusal to answer questions or sign a polling place roster. A challenged individual who refuses to answer questions or sign a polling place roster or voter signature certificate as required by this section must not be allowed to vote. A challenged individual who leaves the polling place and returns later willing to answer questions or sign a polling place roster or voter signature certificate must not be allowed to vote.
Subd. 5. Election judges; penalty. An election judge who fails to carry out the duties prescribed by this section is guilty of a gross misdemeanor.
1981 c 29 art 5 s 12; 1983 c 253 s 13,14; 1986 c 444; 1990 c 585 s 28; 2005 c 156 art 6 s 46; 2010 c 201 s 38; 2014 c 288 art 2 s 6; 2017 c 92 art 1 s 19
Structure Minnesota Statutes
Chapters 200 - 212 — Elections
Chapter 204C — Election Day Activities
Section 204C.01 — Definitions.
Section 204C.02 — Chapter Application; Individuals Unable To Write.
Section 204C.03 — Public Meetings Prohibited On Election Day.
Section 204C.035 — Deceptive Practices In Elections.
Section 204C.04 — Employees; Time Off To Vote.
Section 204C.05 — State Elections; Hours For Voting.
Section 204C.06 — Conduct In And Near Polling Places.
Section 204C.07 — Challengers.
Section 204C.08 — Opening Of Polling Places.
Section 204C.09 — Ballot Preparation By Election Judges.
Section 204C.10 — Polling Place Roster; Voter Signature Certificate; Voter Receipt.
Section 204C.12 — Challenges To Voters; Penalty.
Section 204C.13 — Receiving And Marking Ballots.
Section 204C.14 — Unlawful Voting; Penalty.
Section 204C.15 — Assistance To Voters.
Section 204C.16 — Mismarking Ballots; Disclosure Of Markings By Others; Penalty.
Section 204C.17 — Voting; Secrecy.
Section 204C.18 — Ballots; Secrecy.
Section 204C.19 — Counting Votes; Penalty.
Section 204C.20 — Ballots; Number To Be Counted.
Section 204C.21 — Counting Ballots; Piling System.
Section 204C.22 — Determining Voter's Intent.
Section 204C.23 — Defective Ballots.
Section 204C.24 — Election Returns; Summary Statements.
Section 204C.25 — Disposition Of Ballots.
Section 204C.27 — Delivery Of Returns To County Auditors.
Section 204C.28 — Election Night; Duties Of County Auditors And Municipal Clerks.
Section 204C.29 — Improper Delivery Of Returns.
Section 204C.31 — Canvassing Boards; Membership.
Section 204C.32 — Canvass Of State Primaries.
Section 204C.33 — Canvass Of State General Elections.
Section 204C.35 — Federal, State, And Judicial Races.
Section 204C.36 — Recounts In County, School District, And Municipal Elections.
Section 204C.361 — Rules For Recounts.
Section 204C.37 — County Canvass; Return Of Reports To Secretary Of State.
Section 204C.38 — Correction Of Obvious Errors; When Candidates Agree.
Section 204C.39 — Correction Of Other Obvious Errors.
Section 204C.40 — Certificates Of Election.
Section 204C.41 — Neglect Of Duty; Other Offenses By Election Officials; Penalty.