CHA 10/24/2005 TO: Charter Commission Members
FROM: Deb Skogen, City Clerk and Staff Liaison
Date: October 21, 2005
CITYOF Re: Charter Meeting
FRIDLEY
Reminder:
The Charter Commission created a new policy for members to follow regarding attendance at
meetings.
If you plan on attending the meeting, call or e-mail me before 8:00 a.m. Monday, October 24th
If a commissioner has not called or e-mailed by 8:00 a.m., Monday, October 24th, it will be
assumed they will not be attending the meeting.
If there will be a quorum, based on the number of a meeting will be held, but Commissioners
will not be called. If there will not be a quorum,those Commissioners who called will receive a
phone call notifying them there will not a quorum and the meeting will be cancelled. A notice
will then be placed on the door of the cancellation of the meeting for those commissioners who
did not call,but came to the meeting.
Attached please find your agenda for the October 24th meeting. Due to the storm and the
election, we are actually about 2 weeks behind on some of our tasks and I have been unable to
complete the minutes and the research I need to do on special elections by mail ballot. I will
complete the minutes on Monday and have them at the meeting. I will also be working hard on
Monday to do the research that you asked.
In addition,the charter commission should review Chapter 4, in relation to appointing election
judges.
Deb Phone: 763-572-3523
e-mail: skogend @ci.fridley.mn.us
CITY OF FRIDLEY
CHARTER COMMISSION
AGENDA
MONDAY, OCTOBER 24, 2005 7:00 P.M.
LOCATION: Fridley Municipal Center
Meeting Room 1 (Lower Level)
CALL TO ORDER:
ROLL CALL:
1. APPROVAL OF AGENDA:
2. APPROVAL OF MINUTES
3. Administrative Matters
4. Mission Statement
5. Update on City Council Proposed Charter Amendment
6. Mail Ballot of Special Elections
7. Discussion of Future Items
A. Appointment of Election Judges
7. Adjournment
Next regular meeting: Monday, November 28, 2005, at 7:00 p.m. in Meeting
Room 1 in the Lower Level
CITY OF FRIDLEY
CHARTER COMMISSION MEETING
September 26,2005
CALL TO ORDER:
Chairperson Jorgenson called the Charter Commission meeting to order at 7:15 p.m.
ROLL CALL:
Members Present: Commissioners Braam,Fitzpatrick,Hoiby,Holm,Jorgenson,Reynolds, Soule and Van Dan
Members Absent: Commissioners Borman,Findell,Gerrity,Gordon,Johnson and Linder
Others Present: Deb Skogen,City Clerk/Staff Liaison
APPROVAL OF AGENDA:
Commissioner Holm MOVED and Commissioner Soule seconded a motion to approve the agenda.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON JORGENSON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
APPROVAL OF JULY 18,2005,CHARTER COMMISSION MINUTES:
Commissioner Van Dan MOVED and Commissioner Braam seconded a motion to approve the July 18,2005,
Charter Commission Minutes.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON JORGENSON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
1. ADMINISTRATIVE MATTERS
Skogen noted that the Commission had one vacancy.
2. MISSION STATEMENT
Commission Van Dan asked that this discussion be tabled for the evening as she would like to review it and add to it.
Chairperson Jorgenson noted that the Mission Statement had been adopted and asked if Commissioner Van Dan
would like to have it on the next month's agenda.
Commission Van Dan said yes.
3. UPDATE ON CITY COUNCIL PROPOSED CHARTER AMENDMENT
Chairperson Jorgenson said at the last meeting the Commission approved the proposed charter amendment and
discussed the possibility of the City Council amending the language. She felt there had been a significant change.
Commissioner Holm said that the language did not change significantly,but that the language of the ballot was a
little easier to understand.
CHARTER COMMISSION MEETING OF SEPTEMBER 26,2005 PAGE 2
Skogen noted that the only change in the ordinance was Section 3. She said that the city attorney gave the city
council three choices of ballot language and recommending deleting the portion showing the underlines and
strikeouts due to the confusion of the last election.
Commissioner Van Dan was reluctant about the change in the language and felt it granted too much power by adding
the language"without the passage of a referendum for each such issue." Commissioner Van Dan also wanted to be
on the record as stating she felt the ad hoc committee that addressed the petition language after the 2000 election
committed election fraud and that she had spoken with the State Auditor,State Attorney General and Secretary of
State Offices about the alleged election fraud.
Commissioner Jorgenson said that if Commissioner Van Dan was alleging election fraud,she would have to take on
that action herself and since it could be considered pending litigation,the Charter Commission could no discuss the
issue.
Commissioner Reynolds said that the Commission approved the amendment as it was written and was concerned that
the amendment and language of the ballot had changed and did not feel that was the intention of the Commission.
Ms. Skogen said that she provided the information to the Commission to keep them up-to-date and informed on the
issue.
Chairperson Jorgenson said that the language that was adopted still has the same intent as the original language,
which it is much shorter and hopefully easier to understand.
Commissioner Soule said while it appeared the language might give the council more latitude,Chapter 11 still
required fees to be reasonable and just,and if they aren't,people have the recourse to come back to the City Council.
Commissioner Braam said the language was easier to understand compared to the last election,which was too wordy.
Chairperson Jorgenson said that MN Statutes does now allow the city to profit off of its services nor transfer to other
funds.
Commissioner Reynolds said an AG Opinion dated 1999 pertaining to Breckenridge said the PUC determined what
fees were fair and reasonable and anything in excess could be put in the general fund.
Commissioner Holm stated he had discussed that issue to Rick Pribyl who told him any fee charges from water and
sewer must go into rate reductions rather than into the general fund. He wondered how much reserves the city should
be permitted to have in the water and sewer funds.
Chairperson Jorgenson reminded the Commissioners that when there was a rate reduction by MCES,the city did
reduce the rates to the city users.
Commissioner Reynolds was concerned that due to the language the city could input double digit increases right
from the start. She also wondered why the city did not have a Public Utilities Commission which would act as a
checks and balances type of system. She wondered if the other recourse would be to have a 9%increase every year
until they got there.
Commissioner Holm as who would want to pay less than the cost to provide the service. Commissioner Reynolds
wondered who would want to leave a large gap. Commissioner Holm said he did because the city did not have a
history of overcharging for their services.
Chairperson Jorgenson said if the Commissioners felt the charter commission should micro-manage if the city
council was not doing it,they should elect citizens that will represent them.
Commissioner Reynolds wondered if the referendum language was removed,if it meant the citizens could never have
another referendum.
CHARTER COMMISSION MEETING OF SEPTEMBER 26,2005 PAGE 3
n
Ms. Skogen explained the only difference is that the language is shorter,that the council still intends to amend the
charter the same way as shown in the first reading.
4. Discussion of Special Election by Mail Ballot
Chairperson Jorgenson said it was a major concern about the voter turn out during a special election and that Ms.
Skogen had prepared information on the possibility of allowing the city to vote by mail during a special election,
which has been allowed by the legislature. Information was presented about the City of Plymouth and their
change.
Commissioner Soule suggested the Commissioner review the language in Chapter 11 after the election.
Commissioner Van Dan did not think there was a need for a change.
Chairperson Jorgenson wondered if there was any other information from other cities as to how it worked and
whether or not there were there any controls that prevent fraud.
Commissioner Reynolds wondered what happened in the future when technology changed and people were voting by
computer.
Ms. Skogen will gather information from other cities that may have done an election by mail.
ADJOURNMENT:
Commissioner Soule MOVED and Commissioner Reynolds seconded a motion to adjourn the meeting.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON JORGENSON DECLARED THE MOTION
CARRIED AND THE MEETING WAS ADJOURNED AT 8:30 P.M.
Respectfully submitted,
Debra A. Skogen, Kathleen Linder,Secretary
City Clerk/Staff Liaison
r", City of Plymouth used mail balloting during a special election back in 1991, before their Charter
was amended. It was a lot of work, but the voter turnout was 41%.
The majority of the work are the ballots that are returned because people have moved or had or
mail forwarded to another city.
They have not used the process since their amendment because there has not been a special
election called.
Section 4.05. JUDGES OF ELECTION.
The Council shall at least twenty-five (25) days before each municipal election appoint two (2)
registered voters of each voting precinct to be judges of elections therein and one (1) registered
voter of the same precinct to be head judge of election, or as many more or less as may be
determined by the Council. No person signing or circulating a petition of nomination of candidate
for election to office or any member of a committee petitioning for a referendum or recall shall be
eligible to serve as a judge of such election. (Ref. Ord. 592, Ord. 873)
204B.17 CHANGE OF POLLING PLACE BY ELECTION JUDGES.
When a designated polling place does not comply with the requirements of this chapter the election judges of
that precinct,on or before the opening of the_polls-on election day and upon approval by the municipal clerk in
municipalities or school districts or the county auditor in unorganized territory,shall procure a polling place which
is as near the designated polling place as possible and which does comply with those requirements.
When a new polling place is procured by the election judges,they shall meet on election day at the original
polling place where they shall fill any vacancies in their number,publicly announce the change in polling place to
the voters who are present and post a notice in large print of the change in a conspicuous place. They shall also post
a notice in a location visible by voters who vote from their motor vehicles as provided in section 204C.15,
subdivision 2. Upon completing these duties the election judges shall adjourn to the new polling place,where they
shall post a similar notice of the change in polling place. The election judges shall certify to the appropriate
governing body the expenses incurred because of the change. These expenses shall be paid as part of the expenses
of the election.
History:1981 c 29 art 4 s 17;1984 c 471 s 6;1990 c 453 s 5
204B.18 POLLING PLACES;EQUIPMENT.
Subdivision 1. Booths.Each polling place must contain a number of voting booths in proportion to the
number of individuals eligible to vote in the precinct. Each booth must be at least six feet high,three feet deep and
two feet wide with a shelf at least two feet long and one foot wide placed at a convenient height for writing. The
booth shall be provided with a door or curtains. Each accessible polling place must have at least one accessible
voting booth or other accessible voting station. All booths or stations must be constructed so that a voter is free
from observation while marking ballots. In all other polling places every effort must be made to provide at least one
accessible voting booth or other accessible voting station. During the hours of voting,the booths or stations must
have instructions,a pencil,and other supplies needed to mark the ballots. If needed,a chair must be provided for
elderly and handicapped voters to use while voting. All ballot boxes,voting booths,voting stations,and election
judges must be in open public view in the polling place.
Subd.2. Ballot boxes.Each polling place shall be provided with one ballot box for each kind of ballot to be
cast at the election. The boxes shall be substantially the same color as the ballots to be deposited in them. Each box
shall be of sufficient size and shall have a sufficient opening to receive and contain all the ballots likely to be
deposited in it. When buff or goldenrod ballot boxes are required,a separate box must be provided for each school
district for which ballots are to be cast at that polling place. The number and name of the school district must appear
conspicuously on the top of each buff or goldenrod ballot box.
History: 1981 c 29 art 4 s 18;1984 c 471 s 7;1987 c 266 art 1 s 26;2000 c 467 s 17
NOTES AND DECISIONS
204B.18
Private group may not use official election machinery. Op.Atty.Gen.64-0,July 22,1966.
Village and town may use a retractable partition in order to maintain separate voting facilities for each precinct Op.Atty.Gen.185A-5,
February 8,1966.
NEW LANGUAGE 2004
204B.19 ELECTION JUDGES;QUALIFICATIONS.
Subdivision 1. Individuals qualified to be election fudges.Except as provided in subdivision 6.any individual who is
eligible to vote in this state is qualified to be appointed as an election judge.
Subd.2. Individuals not qualified to be election judges.No individual shall be appointed as an election
judge for any precinct if that individual:
(a)Is unable to read,write or speak the English language;
(b)Is the spouse,parent,child or sibling of any election judge serving in the same precinct or of any candidate
at that election;or
(c)Is a candidate at that election.
Subd.3.Repealed, 1985 c 248 s 37
Subd.4. Additional qualifications permitted;examination.The appointing authority may establish
additional qualifications which are not inconsistent with the provisions of this section and which relate to the ability
of an individual to perform the duties of an election judge. The appointing authority may examine any individual
who seeks appointment as an election judge to determine whether the individual meets any qualification established
under this section.
Subd.5. Party balance requirement.No more than half of the election judges in a precinct may be members
of the same major political party unless the election board consists of an odd number of election judges,in which
case the number of election judges who are members of the same major political party may be one more than half
the number of election judges in that precinct.
SubcL6. High school students.Notwithstanding any other requirements of this section,a student enrolled
in a high school in Minnesota or who is in a home-school in compliance with sections 120A.22 and 120A.24,who
has attained the age of 16 is eligible to be appointed as a without party affiliation trainee election judge in the county
in which the student resides. The student must meet qualifications for trainee election judges specified in rules of
the secretary of state. A student appointed as a trainee election judge may be excused from school attendance during
the hours that the student is serving as a trainee election judge if the student submits a written request signed and
approved by the student's parent or guardian to be absent from school and a certificate from the appointing authority
stating the hours during which the student will serve as a trainee election judge to the principal of the school at least
ten days prior to the election. Students shall not serve as trainee election judges after 10:00 p.m.
Notwithstanding section 177.24 to the contrary,trainee election judges may be paid not less than two-thirds of the
minimum wage for a large employer. The principal of the school may approve a request to be absent from school
conditioned on acceptable academic performance at the time of service as a trainee election judge.
History:1981 c 29 art 4 s 19;1983 c 126 s 1;1983 c 303 s 7;1985 c 39 s 1; 1987 c 266 art 1 s 27;1991 c
237 s 1,2;1995 c 34 s 1;2000 c 467 s 18;2004 c 293 art 2 s 19,20
NOTES AND DECISIONS
204B.19
Violation of statutes setting election judge qualifications not condoned.Hahn v.Graham,225 N.W.2d 385(Minn.1975).
Where there was a complete failure to comply with statute in the appointment of election board the election was invalid.In re Contest of
Election of Vetsch,245 Minn.229,71 N.W.2d 652(1955).
In an election which is not a general election,additional judges to count ballots are not required,but may be provided by the village with
no limitation on the number thereof.Op.Atty.Gen.183G,September 19,1967.
Statutory requirement of party balance amongst election judges is applicable to all election precincts,including one precinct
municipalities described in former section 204A.17(5).Op.Atty.Gen.183N,September 30,1964.
Village and town which are separate election precincts may not use one set of election judges or one set of election facilities in one room.
Op.Atty.Gen.185A-5,August 6,1964.
Former section 204A.17 is applicable to special county election on question of issuing bonds.Op.Atty.Gen.183G,November 27,1963.
Village council has no authority to modify,change,or waive the provisions of law requiring appointment of judges of election at least
r"'"\ twenty-five days prior to date of election.Op.Atty.Gen.472K,July 11,1951.
204B.195 TIME OFF FROM WORK TO SERVE AS ELECTION JUDGE.
An individual who is selected to serve as an election judge pursuant to section 204B.21,subdivision 2 may,
after giving an employer at least 20 days'written notice,be absent from a place of work for the purpose of serving
as an election judge without penalty. An employer may reduce the salary or wages of an employee serving as an
election judge by the amount paid to the election judge by the appointing authority during the time the employee
was absent from the place of employment.
The written request to be absent from work must be accompanied by a certification from the appointing
authority stating the hourly compensation to be paid the employee for service as an election judge and the hours
during which the employee will serve. An employer may restrict the number of persons to be absent from work for
the purpose of serving as an election judge to no more than 20 percent of the total work force at any single worksite.
History: 1983 c 126 s 2;1986 c 444;1991 c 237 s 3
204B.20 ELECTION BOARD;HEAD ELECTION JUDGE;DUTIES.
The election judges appointed to serve in an election precinct shall constitute the election board for that
precinct. The appointing authority shall designate one of the election judges in each precinct to serve as the head
election judge. The head election judge shall assign specific duties to the election judges of that precinct as
necessary or convenient to complete forms,obtain signatures,and perform all the other duties required of election
judges.
History: 1981 c 29 art 4 s 20; 1986 c 444; 1 Sp2001 c 10 art 18 s 20
204B.21 APPOINTMENT OF ELECTION JUDGES.
Subdivision 1. Appointment lists;duties of political parties and county auditor.On July 1 in a year in
which there is an election for a partisan political office,the county or legislative district chairs of each major
political party,whichever is designated by the state party,shall prepare a list of eligible voters to act as election
judges in each election precinct in the county or legislative district. The chairs shall furnish the lists to the county
auditor of the county in which the precinct is located.
By July 15,the county auditor shall furnish to the appointing authorities a list of the appropriate names for
each election precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted by the county
auditor for each major political party.
Subd.2. Appointing authority;powers and duties.Election judges for precincts in a municipality shall be
appointed by the governing body of the municipality. Election judges for precincts in unorganized territory and for
performing election-related duties assigned by the county auditor shall be appointed by the county board. Election
judges for a precinct composed of two or more municipalities must be appointed by the governing body of the
municipality or municipalities responsible for appointing election judges as provided in the agreement to combine
for election purposes. Appointments shall be made from lists furnished pursuant to subdivision 1 subject to the
eligibility requirements and other qualifications established or authorized under section 204B.19. If no lists have
been furnished or if additional election judges are required alter all listed names have been exhausted,the appointing
authority may appoint any other individual to serve as an election judge subject to the same requirements and
qualifications. The appointments shall be made at least 25 days before the election at which the election judges will
serve.
History:1981 c 29 art 4 s 21;1983 c 303 s 8;1986 c 444;1987 c 212 s 5;1999 c 132 s 19
NOTES AND DECISIONS
204B.21
Where there was a complete failure to comply with statute in the appointment of election board the election was invalid.In re Contest of
Election of Vetsch,245 Minn.229,71 N.W.2d 652(1955).
In an election which is not a general election,additional judges to count ballots are not required,but may be provided by the village with
no limitation on the number th ereo£Op.Atty.Gen.183G,September 29,1967.
Village and town which are separate election precincts may not use one set of election judges or one set of election facilities in one room.
Op.Atty.Gen.185A-5,August 6,1964.
Section is applicable to special county election on question of issuing bonds.Op.Atty.Gen.183G,November 27,1963.
Village council has no authority to modify,change,or waive the provisions of law requiring appointment of judges of election at least
twenty-five days prior to date of election.Op.Atty.Gen.472K,July 11,1951.
NEW LANGUAGE 2004
204B.22 ELECTION JUDGES;NUMBER REQUIRED.
Subdivision 1. Minimum number required.(a)A minimum of three election judges shall be appointed for
each precinct. In a combined polling place under section 204B.14,subdivision 2,at least one judge must be
appointed from each municipality in the combined polling place,provided that not less than three judges shall be
appointed for each combined polling place. The appointing authorities may appoint election judges for any precinct
in addition to the number required by this subdivision including additional election judges to count ballots after
voting has ended.
(b)An election judge may serve for all or part-of Election Day,at the discretion of the appointing authority,
as long as the minimum number of judges required is always present. The head election judge designated under
section 204B.20 must serve for all of election day and be present in the polling place unless another election judge
has been designated by the head election judge to perform the functions of the head election judge during any
absence.
Subd.2. Additional election judges in paper ballot precincts.In precincts using paper ballots,one
election judge shall be appointed for each 150 votes cast in that precinct at the last similar election. At each state
primary or state general election in precincts using paper ballots and in which more than 300 votes were cast at the
last similar election,additional election judges shall be appointed to count the ballots and complete the returns in
place of the election board that served while voting was taking place.
Subd.3. Minimum number required in certain precincts.At each state primary or state general election
in precincts using an electronic voting system with marking devices and in which more than 400 votes were cast at
the last similar election,the minimum number of election judges is three plus one judge to demonstrate the use of
the voting machine or device.
Subd.4. Election judge trainees not counted toward minimum number of election judges.The presence
or participation of election judge trainees must not be counted toward satisfying any of the required numbers of
election judges in this chapter.
HIST: 1981 c 29 art 4 s 22; 1986 c 362 s 3; 1987 c 212 s 6; 1994 c 607 s 5; 1997 c 147 s 31; 1Sp2001 c 10 art
18 s 21,22;2004 c 293 art 2 s 21
NOTES AND DECISIONS
204B.22
Where there was a complete failure to comply with statute in the appointment of election board the election was invalid.In re Contest of
Election of Vetsch,245 Minn.229,71 N.W.2d 652(1955).
Failure to have full number of required election judges present was not fatal to validity of election. State ex rel Sch.Dist.No.56,
Traverse Co.v.Schmiesing,243 Minn.11,66 N.W.2d 20(1954).
In an election which is not a general election,additional judges to count ballots are not required,but may be provided by the village with
no limitation on the number thereof.Op.Atty.Gen.183G,September 29,1967.
Village and town which are separate election precincts may not use one set of election judges or one set of election facilities in one room.
Op.Atty.Gen.185A-5,August 6,1964.
Former section 204A.17 applicable to special county election on question of issuing bonds.Op.Atty.Gen.183G,November 27,1963.
Village council has no authority to modify,change,or waive the provisions of law requiring appointment of judges of election at least
twenty-five days prior to date of election.Op.Atty.Gen.472K,July 11,1951.
204B.23 VACANCIES AMONG ELECTION JUDGES.
A vacancy on an election board occurs when any election judge who is a member of that board:
(a)Falls toarrive attic polling place Within 30 minutes a$er8re tit=when the polling place is scheduled toopen;
(b)Becomes unable to perform the duties of the office after assuming those duties;or
(c)For any reason fails or refuses to perform the duties of the office as assigned by the head election judge.
When a vacancy occurs,the remaining election judges of the precinct shall elect an individual to fill the
vacancy subject to the provisions of section 204B.19. When possible the election judges shall elect individuals who
have been trained as election judges pursuant to section 204B.25. The oath signed by the new election judge shall
indicate that the new election judge was elected to fill a vacancy. The municipal clerk may assign election judges to
fill vacancies as they occur.
HIST: 1981 c 29 art 4 s 23; 1986 c 444; 1997 c 147 s 32; 1 Sp2001 c 10 art 18 s 23
204B.24 ELECTION JUDGES;OATH.
Each election judge shall sign the following oath before assuming the duties of the office:
"I solemnly swear that I will perform the duties of election judge according to law and the best of my
ability and will diligently endeavor to prevent fraud,deceit and abuse in conducting this election."
The oath shall be attached to the summary statement of the election returns of that precinct. If there is no
individual present who is authorized to administer oaths,the election judges may administer the oath to each other.
History: 1981 c 29 art 4 s 24
NOTES AND DECISIONS
204B.24
Defects in oath-taking did not invalidate election. Green v.Ind.Consol Sch.Dist.No.1,Lyon Co.,252 Minn.361,89 N.W.2d 12(1958).
204B.25 TRAINING FOR ELECTION JUDGES.
Subdivision 1. Duties of county auditor.Each county auditor shall provide training for all election judges
who are appointed to serve at any election to be held in the county. The county auditor shall also provide a
procedure for emergency training of election judges elected to fill vacancies. The county auditor may delegate to a
municipal election official the duty to provide training of election judges in that municipality or school district.
Subd.2. Rules of secretary of state.The secretary of state shall adopt rules establishing programs for the
training of county auditors,local election officials,and election judges by county auditors as required by this
section.
Subd.3. Trained election judges;number required.Each election precinct in which less than 100
individuals voted at the last state general election shall have at least two election judges who are members of
different major political parties who have received training as required in this section. In every other election
precinct,no individual may serve as an election judge who has not received training as required by subdivision 1.
Subd.4. Training for local election officials.At least once every two years,the county auditor shall conduct
training sessions for the municipal and school district clerks in the county. The training sessions must beconducted
in the manner provided by the secretary of state. No local election official may administer an election without
receiving training from the county auditor.
History: 1981 c 29 art 4 s 25;1987 c 266 art 1 s 28;1999 c 250 art 1 s 86,87
204B.26 ELECTION JUDGES;VIOLATIONS;PENALTIES.
Any individual who serves as an election judge in violation of any of the provisions of sections 204B.19 to
204B.25,is guilty of a misdemeanor.
History: 1981 c29art4s26
NOTES AND DECISIONS
204B.26
Violation of election statutes does not invalidate election absent showing of prejudice,fraud,or bad faith. Hahn v.Graham,302 Mum.
407,225 N.W.2d 385(1975).
204B.27 DUTIES OF SECRETARY OF STATE.
Subdivision 1. Blank forms.At least 25 days before every state election the secretary of state shall transmit
to each county auditor a sufficient number of blank county abstract forms and other blank forms the secretary of
state deems necessary for the conduct of the election.
Subd.2. Election law and instructions.The secretary of state shall prepare and publish a volume
containing all state generallaws relating to elections. The attorney general shall provide annotations to the secretary
of state for this volume. On or before July 1 of every even numbered year the secretary of state shall furnish to the
county auditors and municipal clerks enough copies of this volume so that each county auditor and municipal clerk
will have at least one copy. The secretary of state may prepare and transmit to the county auditors and municipal
clerks detailed written instructions for complying with election laws relating to the conduct of elections,conduct of
voter registration and voting procedures.
Subd.3. Instruction posters.At least 25 days before every state election the secretary of state shall prepare
and furnish to the county auditor of each county in which paper ballots are used,voter instruction posters printed in
large type upon cards or heavy paper. The instruction posters must contain the information needed to enable the
voters to cast their paper ballots quickly and correctly and indicate the types of assistance available for elderly and
handicapped voters. Two instruction posters shall be furnished for each precinct in which paper ballots are used.
Subd.4. Pamphlets.The secretary of state shall prepare and distribute to election officials pamphlets for
voters containing impartial instructions relating to voter registration and election procedures. The pamphlets must
indicate the types of registration and voting assistance available for elderly and handicapped individuals and
residents of health care facilities and hospitals.
Subd.5. Conferences for county auditors.Before each state primary the secretary of state shall conduct
conferences with county auditors to instruct them on the administration of election laws and the training of local
election officials and election judges.
Subd.6. Voter participation.The secretary of state may sponsor or participate in nonpartisan activities to
promote voter participation in Minnesota elections and in efforts to increase voter registration and voter turnout.
Subd.7. Educational activities.The secretary of state may authorize educational activities related to voting
and elections for elementary or secondary school students in the polling place on the day of a state,county,
municipal,or school district election. Ballots used for educational activities must be a different color than any ballot
used at the election. Activities authorized under this subdivision must be administered in a manner that does not
interfere with the conduct of the election.
Subd.8. Voter information telephone line.The secretary of state shall provide a voter information
telephone line. A toll-free number must be provided for use by persons residing outside the metropolitan calling
area. The secretary of state shall make available information concerning voter registration,absentee voting,election
results,and other election-related information considered by the secretary of state to be useful to the public.
Subd.9. Election supply contract.The secretary of state may enter into a statewide contract from which
any county auditor may purchase ballots,forms,or other election supplies.
Subd. 10. Training for county auditors;training materials.The secretary of state shall develop a training
program in election administration for county auditors and shall certify each county auditor who successfully
completes the training program. The secretary of state shall provide each county auditor with materials for use in
training local election officials and election judges.
Subd. 11. Translation of voting instructions.The secretary of state may develop voting instructions in
languages other than English,to be posted and made available in polling places during elections. The state
demographer shall determine and report to the secretary of state the languages that are so common in this state that
there is a need for translated voting instructions.
History: 1981 c 29 art 4 s 27; 1983 c 303 s 9; 1984 c 471 s 8,9; 1984 c 560 s 10,11; 1987 c 175 s 6; 1989 c
291 art 1 s 9; 1991 c 237 s 4; 1992 c 513 art 3 s 43; 1994 c 632 art 3 s 54; 1997 c 147 s 33; 1999 c 132 s 20; 1999 c
250 art 1 s 88; 1Sp2001 c 10 art 18 s 24
204B.28 CLERKS;ELECTION SUPPLIES;DUTIES.
Subdivision 1. Meeting with election officials.At least 12 weeks before each regularly scheduled general
election,each county auditor shall conduct a meeting with local election officials to review the procedures for the
election. The county auditor may require the head election judges in the county to attend this meeting.
Subd.2. Election supplies; duties of county auditors and clerks.Except as otherwise provided for
absentee ballots in section 204B.35,subdivision 4,the county auditor shall complete the preparation of the election
materials for which the auditor is responsible at least four days before every state primary and state general election.
At any time after all election materials are available from the county auditor but not later than four days before the
election each municipal clerk shall secure from the county auditor:
(a)The forms that are required for the conduct of the election;
(b)Any printed voter instruction materials furnished by the secretary of state;
(c)Any other instructions for election officers;and
(d)A sufficient quantity of the official ballots,registration files,envelopes for ballot returns,and other
supplies and materials required for each precinct in order to comply with the provisions of the Minnesota Election
Law. The county auditor may furnish the election supplies to the municipal clerks in the same manner as the
supplies are furnished to precincts in unorganized territory pursuant to section 204B.29,subdivision 1.
History: 1981 c 29 art 4 s 28; 1981 c 217 s 5; 1984 c 560 s 12; 1986 c 444; 1990 c 585 s 25; 1999 c 250 art
1 s89; 1Sp2001 c 10 art 18s25
204B.29 ELECTION JUDGES;ELECTION SUPPLIES;DUTIES.
Subdivision 1. Securing election materials.Before 9:00 p.m.on the day preceding an election,at least one
election judge from each precinct in each municipality,or school district if applicable,shall secure voter registration
files,ballots,forms,envelopes and other required supplies from the municipal clerk,school district clerk,or other
legal custodian. The election judge shall deliver the materials to the polling place before the time when voting is
scheduled to begin on election day. The county auditor shall send or deliver the election supplies enumerated in this
section to the election judges in the precincts in unorganized territory. The election supplies may be sent by
certified mail,parcel post,express mail or any other postal service providing assured delivery by no later than the
day before the election. If the election supplies are delivered by any other means,they shall be delivered by no later
than the day before the election.
Each precinct shall be furnished with 100 ballots of each kind for every 85 individuals who voted in that
precinct at the last election for the same office or on similar questions,or with ballots of each kind in an amount at
least ten percent greater than the number of votes which are reasonably expected to be cast in that precinct in that
election,whichever supply of ballots is greater. No precinct shall be furnished with any ballots containing the name
of any candidate who cannot properly be voted for in that precinct.
The election judges shall be responsible for the preservation of all election materials received by them until
returned to the appropriate election officials after the voting has ended.
Subd.2. Failure of election judges to secure materials.If no election judge secures the election materials
for a precinct in any municipality,or school district if applicable,as provided in subdivision 1,the municipal or
school district clerk shall deliver them to an election judge for that precinct not later than the time when voting is
scheduled to begin. The municipal or school district clerk shall require the election judge accepting delivery of the
election supplies to sign a receipt for them. The election judges of that precinct shall pay the expenses of delivery of
the materials and shall be liable for the penalty provided by law for neglect of duty.
History: 1981 c 29 art 4 s 29;1984 c 560 s 13;1987 c 266 art 1 s 29
204B30 UNOFFICIAL BALLOTS.
When no official or substitute ballots are ready at the time when voting is scheduled to begin or if the supply
is exhausted before the voting ends,the election judges shall contact the municipal clerk and,at the clerk's direction,
shall prepare unofficial ballots,printed or written as nearly as practicable in the form of the official ballots,which
ballots may be used until official or substitute ballots are available. When unofficial ballots are prepared and used in
any precinct,the election judges shall note that fact on the summary statement of the returns for that precinct and
specify the number of unofficial ballots that were cast.
History:1981 c 29 art 4 s 30;1986 c 444
204B31 COMPENSATION FOR ELECTION SERVICES.
Subdivision 1. Compensation.The compensation for services performed under the Minnesota election law
shall be as follows:
(a)To presidential electors from funds appropriated to the secretary of state for this purpose,$35 for each day
of attendance at the capitol and mileage for travel to and from the capitol in the amount allowed for state employees
in accordance with section 43A.18,subdivision 2;
(b)To individuals,other than county,city,school district,or town employees during their normal work day,
who are appointed by the county auditor to carry ballots to or from the county auditor's office,a sum not less than
the prevailing Minnesota minimum wage for each hour spent in carrying ballots and mileage in the amount allowed
pursuant to section 471.665,subdivision 1;
(c)To members of county canvassing boards,a sum not less than the prevailing Minnesota minimum wage for
each hour necessarily spent and an amount for each mile of necessary travel equal to the amount allowed pursuant to
section 471.665,subdivision 1;
(d)To election judges serving in any city,an amount fixed by the governing body of the city;to election
judges serving in any school district election which is not held in conjunction with a state election,an amount fixed
by the school board of the school district;to election judges serving in unorganized territory,an amount fixed by the
county board;and to election judges serving in towns,an amount fixed by the town board.
Election judges shall receive at least the prevailing Minnesota minimum wage for each hour spent carrying out
their duties at the polling places and in attending training sessions required by section 204B.25,except as provided
in subdivision 2. An election judge who travels to pick up election supplies or to deliver election returns to the
county auditor shall receive,in addition to other compensation authorized by this section,a sum not less than the
prevailing Minnesota minimum wage for each hour spent performing these duties,plus mileage in the same amount
as allowed pursuant to section 471.665,subdivision 1;and
(e)To sergeants at arms,an amount for each hour of service performed at the direction of the election judges,
fixed in the same manner as compensation for election judges.
Subd.2. Volunteer service.Any person appointed to serve as an election judge may elect to serve without
payment by submitting a written statement to the appropriate governing body no later than ten days before the
election.
History: 1981 c 29 art 4 s 31;1982 c 424 s 58;1983 c 126 s 3;1983 c 253 s 8;1987 c 266 art 1 s 30; 1997 c
^ 147 s 34
204B.32 ELECTION EXPENSES;PAYMENT.
Subdivision 1. Payment.(a)The secretary of state shall pay the compensation for presidential electors,the
cost of printing the pink paper ballots,and all necessary expenses incurred by the secretary of state in connection
with elections.
(b)The counties shall pay the compensation prescribed in section 204B.31,clauses(b)and(c),the cost of
printing the canary ballots,the white ballots,the pink ballots when machines are used,the state partisan primary
ballots,and the state and county nonpartisan primary ballots,all necessary expenses incurred by county auditors in
connection with elections,and the expenses of special county elections.
(c)Subject to subdivision 2,the municipalities shall pay the compensation prescribed for election judges and
sergeants at arms,the cost of printing the municipal ballots,providing ballot boxes,providing and equipping polling
places and all necessary expenses of the municipal clerks in connection with elections,except special county
elections.
(d)The school districts shall pay the compensation prescribed for election judges and sergeants-at-arms,the
cost of printing the school district ballots,providing ballot boxes,providing and equipping polling places and all
necessary expenses of the school district clerks in connection with school district elections not held in conjunction
with state elections. When school district elections are held in conjunction with state elections,the school district
shall pay the costs of printing the school district ballots,providing ballot boxes and all necessary expenses of the
school district clerk.
All disbursements under this section shall be presented,audited,and paid as in the case of other public
expenses.
Subd.2. Allocation of election expenses.The secretary of state shall develop procedures for the allocation of
election expenses among counties,municipalities,and school districts for elections that are held concurrently. The
following expenses must be included in the procedures: salaries of election judges;postage for absentee ballots and
applications;preparation of polling places;preparation and testing of electronic voting systems;ballot preparation;
publication of election notices and sample ballots;transportation of ballots and election supplies;and compensation
for administrative expenses of the county auditor,municipal clerk,or school district clerk.
,-,� History: 1981 c 29 art 4 s 32;1983 c 301 s 162;1987 c 266 art 1 s 31;1991 c 227 s 14;1995 c 8 s 3