Minnesota Statutes

Minn. Stat. § 208.04 (2026)

Preparation Of Ballots

✓ current as of May 2026

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Subdivision 1.Form of presidential ballots.

When presidential electors and alternates are to be voted for, a vote cast for the party candidates for president and vice president shall be deemed a vote for that party's electors and alternates as filed with the secretary of state. The secretary of state shall certify the names of all duly nominated presidential and vice presidential candidates to the county auditors of the counties of the state. Each county auditor, subject to the rules of the secretary of state, shall cause the names of the candidates of each major political party and the candidates nominated by petition to be set in type of the same size and style as for candidates on the state general election ballot, before the party designation. To the left of, and on the same line with the names of the candidates for president and vice president, near the margin, shall be placed an oval or similar target shape, in which the voters may indicate their choice.

The form for the presidential ballot and the relative position of the several candidates shall be determined by the rules applicable to other state officers. The state ballot, with the required heading, shall be printed on the same piece of paper and shall be below the presidential ballot with a blank space between one inch in width.

Subd. 2.Applicable rules.

The rules for preparation, state contribution to the cost of printing, and delivery of presidential ballots are the same as the rules for state general election ballots under section 204D.11, subdivision 1.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2016–2024 · leading case: James Carson v. Steve Simon, 978 F.3d 1051 (8th Cir. 2020).

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James Carson v. Steve Simon, 978 F.3d 1051 (8th Cir. 2020). “3, in a manner that would allow for their respective votes for presidential electors pursuant to Minn. Stat. § 208.04 , subd. 1 (in effect for the President and Vice President of the United States) to be removed from vote totals in the event a final order is entered by a court…”

Steve Carlson v. Steve Simon, Minnesota Sec'y of State, Minnesota State Legislature, 888 N.W.2d 467 (Minn. 2016). · cites it 2× “See Minn. Stat. § 208.04 , subd. 1 (2016). Then, each state’s electors vote by ballot for two candidates, a President and a Vice-President.”

Binkley for President 2024 v. Steve Simon, Minnesota Sec'y of State, 7 N.W.3d 400 (Minn. 2024). · cites it 4× “”); Minn. Stat. § 208.04 , subd. 1 (stating that “a vote cast for the party candidates for president and vice president shall be deemed a vote for that party’s electors and alternates as filed with the secretary of state”); Minn.”

Joan Growe v. Steve Simon, Minnesota Sec'y of State (Minn. 2024). · cites it 2× “” Minn. Stat. § 208.04 . The electors for the prevailing party candidates meet after the election to cast electoral votes for the offices of president and vice president.”

James Carson v. Steve Simon (8th Cir. 2020). “3, in a manner that would allow for their respective votes for presidential electors pursuant to Minn. Stat. § 208.04 , subd. 1 (in effect for the President and Vice President of the United States) to be removed from vote totals in the event a final order is entered by a court…”

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