Minnesota Statutes

Minn. Stat. § 209.07 (2026)

Results Of Contest

✓ current as of May 2026
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Subdivision 1.Generally.

If a nomination is contested, the court shall decide which candidate, if any, was nominated and is entitled to be named in print on the official ballots. When the court decides an election contest for any office other than state senator or state representative, and the time for appeal has expired or, in case of an appeal, if the contestant succeeds in the contest, the court may invalidate and revoke any election certificate which has been issued to the contestee. If the contest involved an error in the counting of ballots, the official authorized to issue the certificate of election shall issue the certificate to the person entitled to it, but if a contestant succeeds in a contest where there is no question as to which of the candidates received the highest number of votes cast at the election, the contestant is not, by reason of the disqualification of the contestee, entitled to the certificate of election.

Subd. 2.Defective ballots.

In a contested election, if the court decides that a serious and material defect in the ballots used changed the outcome of the election for the contested office, the election must be declared invalid for that office.

Subd. 3.Costs of contest.

If the contestee succeeds, costs of the contest must be paid by the contestant. If the contestant succeeds, costs of the contest must be paid by the contestee; except that if the contestee loses because of an error in the counting of ballots or canvass of the returns or because of any other irregularity in the election procedure, costs must be paid, in the discretion of the judge, by the election jurisdictions responsible for errors which resulted in the reversal of the prior results of the election.

Subd. 4.School district board election; surety bond requirements.

If an election approving the issuance of bonds by a school district is contested, the contestant shall file in the district court a surety bond of at least $5,000 or a greater amount determined necessary by the court to provide security for costs of the contest to the school district, including any additional costs that may be incurred by the school district if the bond issue is delayed. The court may waive the requirements of this subdivision to the extent it finds that there is a reasonable likelihood that the contestant will prevail and that filing the bond would impose an undue hardship. If the surety bond is not filed within the time allowed by the court, the contest shall be dismissed with prejudice.

Notes of Decisions
Cited in 4 cases, 1935–1981 · leading case: Menkevich v. Lefebvre, 303 N.W.2d 462 (Minn. 1981).
Menkevich v. Lefebvre, 303 N.W.2d 462 (Minn. 1981). · cites it 2× “1 and language in Minn.Stat. § 209.07 (1980) grant county auditors the option to issue election certificates when a seat is being contested.”
Matter of Contest of Gen. Election, 264 N.W.2d 401 (Minn. 1978). · cites it 2× “" Based on these conclusions, the trial court, pursuant to § 209.07, invalidated the election certificate which had been issued to Meland by the St.”
Harnischfeger Sales Corp. v. Nat'l Life Ins., 261 N.W. 580 (Minn. 1935). “1931, § 209.07] which provide that in the absence of intentional fraud or deceit the certificate of the examining physician to the good health of the applicant estops the insurer from the defense that the insured was not in the condition of health required by the policy at the…”
Fitzgerald v. Morlock, 120 N.W.2d 336 (Minn. 1963). · cites it 6× “testant on his special appearance contends that the following legal issues are raised by the order to show cause: (1) Does this court have jurisdiction in an election contest for legislative office to restrain the use of a certificate of election issued pursuant to the order of…”
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