Minnesota Statutes

Minn. Stat. § 209.12 (2026)

Congressional Office

✓ current as of May 2026
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When a contest relates to the office of senator or a member of the house of representatives of the United States, the only question to be decided by the court is which party to the contest received the highest number of votes legally cast at the election and is therefore entitled to receive the certificate of election. The judge trying the proceedings shall make findings of fact and conclusions of law upon that question. Evidence on any other points specified in the notice of contest, including but not limited to the question of the right of any person to nomination or office on the ground of deliberate, serious, and material violation of the provisions of the Minnesota Election Law, must be taken and preserved by the judge trying the contest, or by some person appointed by the judge for that purpose; but the judge shall make no findings or conclusion on those points.

After the time for appeal has expired, or in case of an appeal, after the final judicial determination of the contest, upon application of either party to the contest, the court administrator of the district court shall promptly certify and forward the files and records of the proceedings, with all the evidence taken, to the presiding officer of the Senate or the House of Representatives of the United States. The court administrator shall endorse on the transmittal envelope or container the name of the case and the name of the party in whose behalf the proceedings were held, and shall sign the endorsement.

Notes of Decisions
Cited in 6 cases, 2008–2013 · leading case: Al Franken v. Pawlenty, 762 N.W.2d 558 (Minn. 2009).
Al Franken v. Pawlenty, 762 N.W.2d 558 (Minn. 2009). · cites it 20× “I, § 5, to make the final determination about the election of United States Senators 3 and also the limited authority provided to a court in an election contest for the Senate under Minn.Stat. § 209.12 (2008). 4 Under *563 section 209.”
Carlson v. Ritchie, 830 N.W.2d 887 (Minn. 2013). · cites it 6× “2 He therefore urges the court' to order that a trial be held pursuant to Minn.Stat. § 209.12, to allow for evidence to be taken and forwarded to the United States House of Representatives for use-as it deems appropriate.”
Coleman v. Ritchie, 758 N.W.2d 306 (Minn. 2008). · cites it 4× “Minn.Stat. § 209.12 (2008). Construing sections *311 204C.”
Coleman v. Ritchie, 762 N.W.2d 218 (Minn. 2009). · cites it 2× “Minn.Stat. § 209.12 (2008). Nevertheless, evidence on any other issues specified in the notice of election contest is to be preserved and forwarded to the presiding officer of the Senate or House of Representatives of the United States, as the case may be.”
In Re Contest of Gen. Election, 767 N.W.2d 453 (Minn. 2009). · cites it 4× “[5] An election contest involving an office of the United States Congress is governed by the special provisions of Minn.Stat. § 209.12 (2008). Section 209.12 limits the question to be decided by the trial court to which candidate received the highest number of votes legally cast…”
In Re Contest of Gen. Election, 767 N.W.2d 453 (Minn. 2009). · cites it 4× “An election contest involving an office of the United States Congress is governed by the special provisions of Minn.Stat. § 209.12 (2008). Section 209.12 limits the question to be decided by the trial court to which candidate received the highest number of votes legally cast at…”
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