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Subdivision 1.Application.
All ballots for every election shall be prepared in accordance with sections 204B.35 to 204B.44 and chapter 204D, except for voting machine ballots or as otherwise provided by law.
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Subd. 2.Manner of preparation.
Ballots shall be prepared in a manner that enables the voters to understand which questions are to be voted upon and the identity and number of candidates to be voted for in each office and to designate their choices easily and accurately. The name of a candidate shall not appear on a ballot in any way that gives the candidate an advantage over an opponent, including words descriptive of the candidate's occupation, qualifications, principles, or opinions, except as otherwise provided by law.
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Subd. 3.Number.
The official in charge of preparing ballots shall prepare a sufficient number of ballots:
(1) to fill applications of absentee voters; and
(2) to provide each precinct with a sufficient number of ballots of each kind as required by section 204B.29, subdivision 1.
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Subd. 4.Absentee ballots; preparation; delivery.
At least 46 days before an election, ballots necessary to fill applications of absentee voters shall be prepared and delivered to the officials who administer the provisions of chapter 203B, except as provided in this subdivision. Ballots necessary to fill applications of absentee voters for a town general election held in March shall be prepared and delivered to the town clerk at least 30 days before the election.
This section applies to school district elections held on the same day as a statewide election or an election for a county or municipality located partially or wholly within the school district.
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Subd. 5.Combined local elections.
Municipalities shall determine the voting method in combined local elections when other election jurisdictions located wholly or partially within the municipality schedule elections on the same date as the regular municipal primary or general election.
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Subd. 6.Electronic voting systems.
Notwithstanding sections 204B.35 to 204B.44 and chapter 204D, a jurisdiction may prepare blank paper ballots, if the jurisdiction employs an electronic voting system and the required information is instead displayed on a touch screen or other electronic device in a format that substantially meets the requirements of law.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1984–2023 · leading case:
Clark v. Pawlenty, 755 N.W.2d 293 (Minn. 2008).
Clark v. Pawlenty, 755 N.W.2d 293 (Minn. 2008).
· cites it 12× “Petitioners also contend that the incumbent designation conveys an advantage to the candidate that is prohibited by Minn.Stat. § 204B.35, subd. 2 (2006). Second, petitioners claim that the incumbent designation required by statute offends the Minnesota Constitution because it…”
Weiler v. Ritchie, 788 N.W.2d 879 (Minn. 2010).
· cites it 13× “We agreed with petitioner that being identified on the ballot as “Prolife” could give Rettmann an unfair advantage and explained that under *886 Minn.Stat. § 204B.35, subd. 2 (2008), a name providing an advantage could not appear on the ballot unless “otherwise provided by law.”
Schiff v. Griffin, 639 N.W.2d 56 (Minn. Ct. App. 2002).
· cites it 11× “2, § 5; and (3) the designation “DFL-Endorsed” confers an unfair advantage on candidates so designated under Minn.Stat. § 204B.35. The district court did not address the issue of whether “DFL” or “Democratic Farmer Labor” is one word or three words for the purpose of MCO ch.”
Peterson v. Stafford, 490 N.W.2d 418 (Minn. 1992).
· cites it 4× “This advantage, petitioner contends, is not only inconsistent with the letter and spirit of Minn.Stat. § 204B.35, subd. 2, 5 but also is violative of the equal protection clause of the fourteenth amendment of the United States Constitution and Minn.”
Clifford v. Hoppe, 357 N.W.2d 98 (Minn. 1984).
· cites it 6× “Minn.Stat. § 204B.35 (1982 & Supp.1983) governs preparation of election ballots.”
Winters v. Kiffmeyer, 650 N.W.2d 167 (Minn. 2002).
· cites it 2× “See Minn.Stat. § 204B.35, subd. 4 (2000). 3 .”
Piepho v. Bruns, 652 N.W.2d 40 (Minn. 2002).
· cites it 2× “See Minn.Stat. § 204B.35, subd. 4 (2000). Thus, any challenger had a limited period of time to prepare a petition before the absentee ballots were to be distributed.”
In re Pfliger, 819 N.W.2d 620 (Minn. 2012).
· cites it 2× “Those duties include numbering the affidavits of candidacy in the order received and notifying the candidate if use of the candidate’s name as written on the affidavit of candidacy would violate Minn.Stat. § 204B.35, subd. 2 (2010). See Minn.”
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