Minnesota Statutes

Minn. Stat. § 204B.36 (2026)

Ballots; Form

✓ current as of May 2026

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Subdivision 1.Type.

All ballots shall be printed with black ink on paper of sufficient thickness to prevent the printing from being discernible from the back. All ballots shall be printed in easily readable type with suitable lines dividing candidates, offices, instructions and other matter printed on ballots. The same type shall be used for the names of all candidates on the same ballot.

Subd. 2.Candidates and offices.

The name of each candidate shall be printed at a right angle to the length of the ballot. At a general election the name of the political party or the political principle of each candidate for partisan office shall be printed above or below the name of the candidate. The name of a political party or a political principle shall be printed in capital and lowercase letters of the same type, with the capital letters at least one-half the height of the capital letters used for names of the candidates. At a general or special election, blank lines containing the words "write-in, if any" shall be printed below the name of the last candidate for each office, or below the title of the office if no candidate has filed for that office, so that a voter may write in the names of individuals whose names are not on the ballot. One blank line shall be printed for each officer of that kind to be elected. At a primary election, no blank lines shall be provided for writing in the names of individuals whose names do not appear on the primary ballot.

On the left side of the ballot at the same level with the name of each candidate and each blank line shall be printed an oval or similar target shape in which the voter may designate a vote by filling in the oval or similar mark if a different target shape is used. Each oval or target shape shall be the same size. Above the first name on each ballot shall be instructions for voting. Directly underneath the official title of each office shall be printed the words "Vote for one" or "Vote for up to ..." (any greater number to be elected).

Subd. 3.Question; form of ballot.

When a question is to be submitted to a vote, a concise statement of the nature of the question shall be printed on the ballot. The words, "Yes" and "No" shall be printed to the left of this statement, with an oval or similar target shape to the left of each word so that the voter may indicate by a mark either a negative or affirmative vote. The ballot shall include instructions directing the voter to fill in the oval or similar mark if a different target shape is used, before the word "Yes" if the voter desires to vote for the question, or to fill in the oval or similar mark if a different target shape is used, before the word "No" if the voter desires to vote against the question.

Subd. 4.Judicial candidates.

The official ballot shall contain the names of all candidates for each judicial office and shall state the number of those candidates for whom a voter may vote. Each seat for an associate justice, associate judge, or judge of the district court must be numbered. The words "Supreme Court," "Court of Appeals," and "(number) District Court" must be printed above the respective judicial office groups on the ballot. The title of each judicial office shall be printed on the official primary and general election ballot as follows:

(1) In the case of the supreme court:

"Chief justice";

"Associate justice (number)";

(2) In the case of the court of appeals:

"Judge (number)"; or

(3) In the case of the district court:

"Judge (number)."

Subd. 5.Designation of incumbent; judicial offices.

If a chief justice, associate justice, or judge is a candidate to succeed again, the word "incumbent" shall be printed after that judge's name as a candidate.

Notes of Decisions

Cited in 8 cases, 1992–2016 · leading case: Clark v. Pawlenty, 755 N.W.2d 293 (Minn. 2008).

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Clark v. Pawlenty, 755 N.W.2d 293 (Minn. 2008). · cites it 36× “Alternatively, if Justice Gildea is not removed from the ballot, petitioners contend that the “incumbent” designation required by Minn.Stat. § 204B.36, subd. 5 (2006), should not be printed after Justice Gildea’s name on the ballot.”

Peterson v. Stafford, 490 N.W.2d 418 (Minn. 1992). · cites it 12× “44 (1990) invoking the original jurisdiction of the supreme court 1 and seeking a judicial declaration of the unconstitutionality of Minn.Stat. § 204B.36, subds. 4, 5 (1990).”

Clayton v. Kiffmeyer, 688 N.W.2d 117 (Minn. 2004). · cites it 9× “Claim III asserts that because the 2002 appointment was invalid, Judge Minge cannot be a candidate to "succeed again" and is therefore not entitled to the "incumbent" designation on the ballot provided for in Minn.Stat. § 204B.36, subd. 5 (2002). [1] Claim IV alleges that by…”

Robins v. Ritchie, 631 F.3d 919 (8th Cir. 2011). · cites it 2× “III Robins also challenges the constitutionality of Minnesota Statutes § 490.”

League of Women Voters Minnesota v. Ritchie, 819 N.W.2d 636 (Minn. 2012). · cites it 2× “Minn.Stat. § 204B.36, subd. 3 (2010) (“When a question is to be submitted to a vote, a concise statement of the nature of the question shall be printed on the ballot.”

Repub. Party of Minnesota v. Kelly, 247 F.3d 854 (8th Cir. 2001). · cites it 2× “1992), the Minnesota Supreme Court considered an equal protection challenge to Minn. Stat. § 204B.36, subds. 4 and 5 (1990), which provided that an incumbent judge should be designated as such on the ballot.”

Repub. Party of Minnesota, an Ass'n Indian Asian Am. Republicans of Minnesota, an Ass'n Repub. Seniors, an Ass'n Young Repub. League of Minnesota, a Minnesota Nonprofit Corp. Minnesota Coll. Republicans, an Ass'n, - Gregory F. Wersal, Individually, Cheryl L. Wersal, Individually Mark E. Wersal, Individually Corwin C. Hulbert, Individually, - Campaign for Just., an Ass'n, Minnesota African Am. Repub. Council, an Ass'n, - Muslim Republicans, an Ass'n Michael Maxim, Individually Kevin J. Kolosky, Individually v. Verna Kelly, in Her Capacity as Chairperson of the Minnesota Bd. of Jud. Standards, or Her Successor, Barry M. Lazarus, in His Capacity as Chairperson of the Minnesota Bd. of Jud. Standards, or His Successor Edward J. Cleary, in His Capacity as Dir. of the Minnesota Off. of Lawyers Prof'l Responsibility, or His Successor Charles E. Lundberg, in His Capacity as Chair of the Minnesota Lawyers Prof'l Responsibility Bd., or His Successor, - Minnesota Civil Liberties Union, Amicus on Behalf of the Minnesota State Bar Ass'n, Amicus on Behalf of Repub. Party of Minnesota, an Ass'n Indian Asian Am. Republicans of Minnesota, as Ass'n Repub. Seniors, an Ass'n Young Repub. League of Minnesota, a Minnesota Nonprofit Corp. Minnesota Coll. Republicans, an Ass'n Minnesota African Am. Repub. Council, an Ass'n Cheryl L. Wersal, Individually Mark E. Wersal, Individually Corwin C. Hulbert, Individually Gregory F. Wersal, Individually Campaign for Just., an Ass'n Muslim Republicans, an Ass'n, Michael Maxim, Individually, - Kevin J. Kolosky, Individually v. Verna Kelly, in Her Capacity as Chairperson of the Minnesota Bd. of Jud. Standards, or Her Successor, Barry M. Lazarus, in His Capacity as Chairperson of the Minnesota Bd. of Jud. Standards, or His Successor Edward J. Cleary, in His Capacity as Dir. of the Minnesota Off. of Lawyers Prof'l Responsibility, or His Successor Edward J. Cleary, in His Capacity as Dir. of the Minnesota Off. of Lawyers Prof'l Responsibility, or His Successor Charles E. Lundberg, in His Capacity as Chair of the Minnesota Lawyers Prof'l Responsibility Bd., or His Successor, - the Minnesota State Bar Ass'n, Amicus on Behalf of Repub. Party of Minnesota, an Ass'n Indian Asian Am. Republicans of Minnesota, an Ass'n Repub. Seniors, an Ass'n Young Repub. League of Minnesota, a Minnesota Nonprofit Corp. Minnesota Coll. Republicans, an Ass'n, Gregory F. Wersal, Individually, - Cheryl L. Wersal, Individually Mark E. Wersal, Individually Corwin C. Hulbert, Individually Campaign for Just., an Ass'n - Minnesota African Am. Repub. Council, an Ass'n Muslim Republicans, an Ass'n Michael Maxim, Individually Kevin J. Kolosky, Individually v. Verna Kelly, in Her Capacity as Chairperson of the Minnesota Bd. of Jud. Standards, or Her Successor Barry M. Lazarus, in His Capacity as Chairperson of the Minnesota Bd. of Jud. Standards, or His Successor Edward J. Cleary, in His Capacity as Dir. of the Minnesota Off. of Lawyers Prof'l Responsibility, or His Successor Charles E. Lundberg, in His Capacity as Chair of the Minnesota Lawyers Prof'l Responsibility Bd., or His Successor, - the Minnesota State Bar Ass'n, Amicus on Behalf Of, 247 F.3d 854 (8th Cir. 2001). “1992), the Minnesota Supreme Court considered an equal protection challenge to Minn. Stat. 204B.36, subds. 4 and 5 (1990), which provided that an incumbent judge should be designated as such on the ballot.”

Steve Carlson v. Steve Simon, Minnesota Sec'y of State, Minnesota State Legislature, 888 N.W.2d 467 (Minn. 2016). · cites it 2× “” Minn. Stat. § 204B.36, subd. 2 (2016). Thus, write-in candidates always have access to the ballot in Minnesota; the only question presented by this petition is whether the requirements imposed by Minn.”

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