Minnesota Statutes
Minn. Stat. § 209.02 (2026)
Contestant; Grounds
✓ current as of May 2026
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§
Subdivision 1.General.
Any eligible voter, including a candidate, may contest in the manner provided in this chapter: (1) the nomination or election of any person for whom the voter had the right to vote if that person is declared nominated or elected to the senate or the house of representatives of the United States, or to a statewide, county, legislative, municipal, school, or district court office; or (2) the declared result of a constitutional amendment or other question voted upon at an election. The contest may be brought over an irregularity in the conduct of an election or canvass of votes, over the question of who received the largest number of votes legally cast, over the number of votes legally cast in favor of or against a question, or on the grounds of deliberate, serious, and material violations of the Minnesota Election Law.
Notes of Decisions
Cited in 22
cases (3 in the last 5 years), 1963–2025 · leading case: State of Minnesota v. Jaimiah Lamar Irby, 848 N.W.2d 515 (Minn. 2014).
State of Minnesota v. Jaimiah Lamar Irby, 848 N.W.2d 515 (Minn. 2014). “4 4 Minnesota Statutes § 209.02, subd. 1 (2012), which governs election contests, also supports my interpretation of section 351.”
Holmen v. Miller, 206 N.W.2d 916 (Minn. 1973). “*918 Insofar as they are pertinent here, they provide as follows: § 209.02, subd. 2. "The contestant shall file a written notice of contest specifying the points upon which the contest will be made with the clerk of the district court of the county in which the candidate whose…”
Coleman v. Ritchie, 762 N.W.2d 218 (Minn. 2009). “” Minn.Stat. § 209.02, subd. 1 (2008). Notice of an election contest must be served and filed within seven days after the completion of the canvass.”
Al Franken v. Pawlenty, 762 N.W.2d 558 (Minn. 2009). “2d at 720 (citing Minn. Stat. § 209.02 , subd. 1 (1961)). But after Odegard , chapter 209 was amended to expressly provide for contests in congressional elections.”
Menkevich v. Lefebvre, 303 N.W.2d 462 (Minn. 1981). “Minn.Stat. § 209.02, subd. 1 (1980) (emphasis added).”
Lebens v. Harbeck, 243 N.W.2d 128 (Minn. 1976). “5, which prohibits personal service of civil process on state holidays, applies to substituted service of notice of an election contest upon a contestee. We hold that it does and affirm.”
Christenson v. Allen, 119 N.W.2d 35 (Minn. 1963). “But, even then, it falls far short of alleging, directly or upon information and belief as required by the clear language of § 209.02, subd. 1, any grounds upon which the contest can be *400 brought.”
Matter of Contest of Election in Del Primary, 344 N.W.2d 826 (Minn. 1984). “Having consciously taken the risk that her interpretation of the bounds of the law was not correct, Hilary cannot now claim that she acted without knowledge when we draw the bounds of the law differently.”
Kennedy v. Voss, 304 N.W.2d 299 (Minn. 1981). “…We hold that even if false, the statement is not sufficiently serious or material to justify voiding the election. Minn.Stat. § 209.02, subd. 1 (1980).”
Matter of Contest of Gen. Election, 264 N.W.2d 401 (Minn. 1978). “1, of the Act and that, in the applicable words of § 209.02, subd. 1, the violations were "deliberate, serious, and material.”
Stransky v. Indep. Sch. Dist. 761, 439 N.W.2d 408 (Minn. Ct. App. 1989). “We find the court’s reading of subdivision 4 controlling, and we hold that “in the same manner” of Minn.Stat. § 209.021, subd. 1 includes Minn.”
Odegard v. Olson, 119 N.W.2d 717 (Minn. 1963). “It is significant that in providing for the ground rules for election contests in this state the legislature has provided authority in § 209.02, subd. 1, to contest elections to "a state, county, legislative, or municipal, or district court office, or the declared result of a…”
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