Minn. Stat. » CHAPTER 208. PRESIDENTIAL ELECTORS
Minnesota Statutes

Minn. Stat. § 208.05 (2026)

State Canvassing Board

✓ current as of May 2026
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The State Canvassing Board at its meeting on the date provided in section 204C.33 shall open and canvass the returns made to the secretary of state for presidential electors and alternates, prepare a statement of the number of votes cast for the persons receiving votes for these offices, and declare the person or persons receiving the highest number of votes for each office duly elected, except that if the Agreement Among the States to Elect the President by National Popular Vote governs the appointment of presidential electors, the State Canvassing Board shall declare duly elected the candidates for presidential electors and alternates identified in accordance with the provisions of that agreement. When it appears that more than the number of persons to be elected as presidential electors or alternates have the highest and an equal number of votes, the secretary of state, in the presence of the board shall decide by lot which of the persons shall be declared elected, except that if the Agreement Among the States to Elect the President by National Popular Vote governs the appointment of presidential electors, no such drawing of lots shall be conducted. The governor shall transmit to each person declared elected a certificate of election, signed by the governor, sealed with the state seal, and countersigned by the secretary of state.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1950–2024 · leading case: Phillips v. Ericson, 80 N.W.2d 513 (Minn. 1957).
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Phillips v. Ericson, 80 N.W.2d 513 (Minn. 1957). · cites it 5× “(2d) 459 , we pointed out that § 208.05 should not be read as a part of § 208.”
Youngdale v. Eastvold, 44 N.W.2d 459 (Minn. 1950). · cites it 3× “A reexamination of § 208.05 leads us to the conclusion that it is not to be read as part of § 208.”
Joan Growe v. Steve Simon, Minnesota Sec'y of State (Minn. 2024). · cites it 2× “Minn. Stat. §§ 208.05 , 208.46. I. Petitioners request that we direct the Secretary of State to exclude former President Trump’s name from the Republican Party presidential nomination primary ballot and from the general election ballot for the November 2024 election.”
Binkley for President 2024 v. Steve Simon, Minnesota Sec'y of State, 7 N.W.3d 400 (Minn. 2024). · cites it 2× “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. Stat. § 208.05 (2022) (requiring 7 the State Canvassing Board to “canvass the…”
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