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Subdivision 1.Preparation; method of delivery.
The county auditor shall prepare an election certificate for every county candidate declared elected by the county canvassing board, and the secretary of state shall prepare a certificate for every state and federal candidate declared elected by either a county canvassing board or the State Canvassing Board. Except as otherwise provided in this section, the secretary of state or county auditor, as appropriate, shall deliver an election certificate on demand to the elected candidate. In an election for United States representative, the secretary of state shall deliver the original election certificate to the chief clerk of the United States House of Representatives. In an election for United States senator, the governor shall prepare an original certificate of election, countersigned by the secretary of state, and deliver it to the secretary of the United States Senate. In an election for state representative or state senator, the secretary of state shall deliver the original election certificate to the chief clerk of the house or the secretary of the senate. The chief clerk of the house or the secretary of the senate shall give a copy of the certificate to the representative-elect or senator-elect. Upon taking the oath of office, the representative or senator shall receive the original certificate of election. If a recount is undertaken by a canvassing board pursuant to section 204C.35, no certificate of election shall be prepared or delivered until after the recount is completed. In case of a contest, the court may invalidate and revoke the certificate as provided in chapter 209.
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Subd. 2.Time of issuance; certain offices.
No certificate of election shall be issued until seven days after the canvassing board has declared the result of the election.
Notes of Decisions
Al Franken v. Pawlenty, 762 N.W.2d 558 (Minn. 2009).
· cites it 47× “The Governor and Secretary of State declined, citing Minn. Stat. § 204C.40, subd. 2 (2008), as requiring them to await completion of the pending election contest before issuing a certificate of election.”
Carlson v. Ritchie, 830 N.W.2d 887 (Minn. 2013).
· cites it 2× “Relying on the 7-day waiting period in Minn.Stat. § 204C.40, subd. 2 (2012), for issuance of the election certificate, Carlson argues that the time for filing his claims was not triggered until November 27, when the State Canvassing Board declared and certified the election…”
In Re Contest of Gen. Election, 767 N.W.2d 453 (Minn. 2009).
· cites it 2× “For all of the foregoing reasons, we affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under Minn.Stat. § 204C.40 (2008) to receive the certificate of election as United States Senator from the State of…”
Op. Atty. Gen 280l-1 (Cr. Ref. 86a-16) (Minn. Att'y Gen. 2014).
· cites it 2× “Because legislators are issued an election certificate to certify their election, Minn. Stat. § 204C.40, subd. 1, it appears that the wallet-sized ce11ificate card must have been intended to serve some additional purpose, presumably to be used in a situation involving an "arrest.”
Op. Atty. Gen 280l-1 (Cr. Ref. 86a-16) (Minn. Att'y Gen. 2014).
· cites it 2× “Because legislators are issued an election certificate to certify their election, Minn. Stat. § 204C.40, subd. 1, it appears that the wallet-sized ce11ificate card must have been intended to serve some additional purpose, presumably to be used in a situation involving an "arrest.”
In Re Contest of Gen. Election, 767 N.W.2d 453 (Minn. 2009).
· cites it 2× “For all of the foregoing reasons, we affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under Minn.Stat. § 204C.40 (2008) to receive the certificate of election as United States Senator from the State of…”
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