Subdivision 1. Determination of proper number. The election judges shall determine the number of ballots to be counted by adding the number of return envelopes from accepted absentee ballots to the number of signed voter's certificates, or to the number of names entered in the election register. The election judges shall then remove all the ballots from the box. Without considering how the ballots are marked, the election judges shall ascertain that each ballot is separate and shall count them to determine whether the number of ballots in the box corresponds with the number of ballots to be counted.
Subd. 2. Excess ballots. If two or more ballots are found folded together like a single ballot, the election judges shall lay them aside until all the ballots in the box have been counted. If it is evident from the number of ballots to be counted that the ballots folded together were cast by one voter, the election judges shall preserve but not count them. If the number of ballots in one box exceeds the number to be counted, the election judges shall examine all the ballots in the box to ascertain that all are properly marked with the initials of the election judges. If any ballots are not properly marked with the initials of the election judges, the election judges shall preserve but not count them; however, if the number of ballots does not exceed the number to be counted, the absence of either or both sets of initials of the election judges does not, by itself, disqualify the vote from being counted and must not be the basis of a challenge in a recount. If there is still an excess of properly marked ballots, the election judges shall replace them in the box, and one election judge, without looking, shall withdraw from the box a number of ballots equal to the excess. The withdrawn ballots shall not be counted but shall be preserved as provided in subdivision 4.
Subd. 3. Ballots in wrong box. If the election judges find in a ballot box any ballots that are not the kind properly belonging in it, they shall lay those ballots aside. If the number of ballots found in any box equals or exceeds the number of ballots to be counted, the ballots which should have been placed in that box, but which are found in another box, shall not be counted. If the number of ballots found in a box is less than the number of ballots to be counted, and a number of ballots equal to or less than the deficiency and properly belonging in that box are found in another box, the latter ballots shall be counted. If the number of ballots found in another box exceeds the deficiency, the excess ballots shall be placed in the proper ballot box and, without looking, an election judge shall withdraw a number of ballots equal to the deficiency and the withdrawn ballots shall then be counted.
Subd. 4. Ballots not counted; disposition. When the final count of ballots agrees with the number of ballots to be counted, those ballots not counted shall be attached to a certificate made by the election judges which states why the ballots were not counted. The certificate and uncounted ballots shall be sealed in a separate envelope and returned to the county auditor or municipal or school district clerk from whom they were received.
1981 c 29 art 5 s 20; 1987 c 266 art 1 s 39; 2004 c 293 art 2 s 25
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.