Minnesota

Despite a highly contentious and nationally prominent recount for the U.S. Senate race in 2008, Minnesota retains one of the strongest reputations for well-run elections among the states.  Along with Idaho, New Hampshire, and Wisconsin, Minnesota adopted Election-Day registration (EDR) prior to the implementation of the 1994 National Voter Registration Act (NVRA), and as a consequence does not fall under the requirements of the NVRA.

 Minnesota remains a state with among the highest turnout rates in the United States.  Indeed, in 2016, its turnout rate of 75% of the eligible population placed it at the top of all the states and the District of Columbia.

Minnesota’s Secretary of State is the state’s chief election officer.  Responsibility for local election administration rests with county auditors, municipal clerks, and precinct election judges appointed by the governing body of each county, city, or town. County canvassing boards determine the election results.

On Election Day, polls in Minnesota are open from 7:00 a.m. to 8:00 p.m.

Sources of Election Information

The Minnesota Secretary of State maintains an online voter portal that provides links to information and services related to voter registration, how to vote, and sample ballots.

Useful online links to official Minnesota voting information that are referenced in this report include the following:

• Minnesota Secretary of State elections and voting website, including the online voter portal
• Online voter registration
• Minnesota voting systems and poll books
• Minnesota post-election election audits
• Minnesota county election officials
• Track mail and absentee ballot status online
• Election district shapefiles
• Minnesota Campaign Finance Board

The following information about the Minnesota electoral landscape is based primarily on an analysis of Minnesota statutes, augmented by other official documentation.  Citations to statutes and other sources are provided in the text.  The focus of the research was on the election law that governed the conduct of the 2016 election. 

Institutional Arrangements

Minnesota’s Secretary of State is the state’s top election official. The Secretary of State publishes a volume of all Minnesota election laws, approves voting equipment, provides informational posters and pamphlets to the counties, and trains county auditors regarding administration of election laws and training of local election officials. Minn. Stat. §§ 204B.27, 206.57(1).

In Minnesota, county canvassing boards are responsible for certifying elections.  Minn. Stat. 204C.33. By law, every election held in Minnesota must be reported to a legally constituted canvassing board. Minn. Stat. 204C.31. In the days following an election, county canvassing boards prepare a report for the county auditor, which includes information such as the number of individuals who voted in the county and the number individuals who registered on election day. Minn. Stat. 204C.33. Upon completing the canvass, the board declares which candidate received the most votes within the county. Id. The membership of the canvasing board includes:

• The county auditor.
• The court administrator of the district court.
• The mayor or chair of the town board of the county's most populous municipality.
• Two members of the county board selected by the board from its members who are not candidates at the election. Minn. Stat. 204C.31.

A directory of county election elections is maintained by the Secretary of State at this website

Voter Registration

1. Who is Eligible to Vote?

To be eligible to vote in Minnesota, individuals must be U.S. citizens, 18 years of age or older, and residents of Minnesota for the 20 days immediately preceding the election. Minn. Stat. § 201.014(1). Those convicted of treason or any other felony whose civil rights have not been restored are not eligible to vote. Minn. Stat. § 201.014 Subd. 2(1). Individuals’ civil rights are restored once released from their sentence. See Minn. Stat. § 204C.10(a).

2. How to Register

Minnesota provides voters with three distinct registration periods. Minn. Stat. § 201.054(1). First, an eligible voter may register up to twenty days before the election, either in person, by mail to the county auditor or Secretary of State’s office, or electronically through a secure website maintained by the Secretary of State. Minn. Stat. § 201.061(1)(a). Second, absentee voters may register by enclosing a completed voter registration application with their completed absentee ballot. Minn. Stat. §§ 201.054(1)(3), 203B.04(4). Finally, individuals may register on Election Day at the polling place in the precinct where they maintain residence. Minn. Stat. § 201.061(3). To register on Election Day, individuals must complete a voter registration application, take an oath, and provide proof of residence. Id.

Information about registering on Election Day, including information about allowable forms of identification, is available at this Secretary of State website.

3. Registration Database

The Minnesota Secretary of State maintains a statewide voter registration system with a central database containing voter registration information for the entire state. Minn. Stat. § 201.022(1). The Secretary is responsible for developing rules required for the administration of the system. Minn. Stat. § 201.022(2). In developing this system, the Secretary must consult with local election officials. Minn. Stat. § 201.022(3). Minnesota also employs various mechanisms to maintain the database. It requires the Secretary of State to coordinate with the Commission of Health and county auditors to remove the names of voters who have died. Minn. Stat. § 201.13(1)-(2). Registered voters who have not voted in the previous four years are designated as “inactive” in the statewide database. Minn. Stat. § 201.171. Voters designated as “inactive” must reregister in order to vote again. Id.

Challenges to Voter Eligibility

1. Who Can Challenge?

Before Election Day, any registered voter can file a petition with the county auditor challenging the eligibility or residence of another voter within the same county. Minn. Stat. § 201.195. On Election Day, an election judge, authorized challenger, or other registered voter may challenge the right of another individual seeking to vote at the same precinct. Id. at § 204C.07. Authorized challengers are appointed by the “chair of an authorized committee of each major political party” during partisan elections, and only one challenger from each party may serve at the polling place for each precinct. Id. at § 204C.07 Subd. 1. Appointed challengers must be residents of the state of Minnesota. Id. at Subd. 3a.

2. Basis for the Challenge

Regardless of when challenged, who challenges, or how a challenge is levied, it must be based on the challenger’s “personal knowledge” that the challenged voter is not an eligible voter. Minn. Stat. §§ 201.195; 204C.12 Subd.1. In addition to the personal knowledge requirement, authorized challengers appointed by political parties are prohibited from compiling “lists of voters to challenge on the basis of mail sent by a political party that was returned as undeliverable or if receipt by the intended recipient was not acknowledged in the case of registered mail.” Id. at § 204C.07 Subd. 5. Challengers must specify the grounds for a challenge.  Id. at §§ 201.195; 204C.12 Subd. 2.

3. Voting Process for a Challenged Voter

For voters challenged by petition, a hearing date must be set, and notice must be sent to the challenged voter by the county auditor within five days of receiving the petition. Minn. Stat. § 201.195 Subd. 1. The county auditor must also serve the challenged voter with a copy of the petition. Id. At the hearing, the county auditor either dismisses or affirms the challenge. Id. If the challenge is affirmed the voter may appeal the challenge to the Secretary of State. Minn. Stat. § 201.195 Subd. 2.  For voters challenged on Election Day, challenged voters must take an oath and answer a series of questions administered by an election judge concerning their residence and right to vote. Id. at § 204C.12 Subd. 2. If a challenged voter’s answers “show ineligibility to vote in that precinct,” the challenged voter is prohibited from voting. Id. at Subd. 3. However, if the challenged voter’s answers “fail to show” ineligibility, but the challenge remains, the challenged voter takes another oath and completes and signs a voter certificate at the direction of an election judge. Id. Upon completion, the challenged voter can vote by regular ballot. Id.

Provisional Voting

Minnesota is one of four states without provisional voting. However, Minnesota does have same day voter registration, which alleviates much of the need for provisional voting. The closest analogue to provisional voting in Minnesota is what is referred to as the “self-certification” process. “Self-certification” occurs on Election Day when a voter is challenged by an election judge based on the judge’s “personal knowledge” that the voter is not qualified to vote. Minn. Stat. § 204C.12 Subd.1. In response to such challenge, voters must answer, orally, a series of questions from the election judge meant to “test the individual’s residence and right to vote.” Id. at Subd.2. If the voter’s answers show an “ineligibility to vote” or the voter refuses to answer, the voter is not allowed to vote. Id. at Subd.3. Otherwise, the voter is allowed to vote. Id.

Early and Absentee Voting

1. General Eligibility

Minnesota law recognizes three classes of early voter. See Minn. Stat. § 203B.02. First, any eligible voter may choose to vote by absentee ballot, a process governed by sections 203B.04 to 203B.15 of the Minnesota Statutes. Second, any eligible voter who is enlisted in the military, is the spouse or dependent of an individual serving in the military, or for any reason is temporarily outside the United States may vote absentee under either the general procedures of sections 203B.04 to 203B.15 or the alternative procedures provided in sections 203B.16 to 203B. 27. Third, United States citizens living indefinitely outside the country who are eligible to vote in Minnesota may vote absentee only as provided by sections 203B.16 to 203B27.  

The National Conference of State Legislatures classifies Minnesota as a “no-excuse absentee voting” state.

2. Regular Absentee Voting Logistics

Absentee voting under sections 203B.04 to 203B.15 allows voters to submit an absentee ballot application until one day before the election. Minn. Stat. § 203B.04. This may be done in person, by email, fax, or mail. Voters also may submit an absentee ballot application through a secure website. Minn. Stat. § 203B.04. Officials who receive absentee ballot applications submitted to the wrong office are required by law to forward the application to the proper county auditor or municipal clerk. Minn. Stat. § 203B.06. Eligible voters who have requested an absentee ballot in advance must be mailed a ballot at least 60 days before an election. Id

Upon receipt of a completed absentee ballot, Minnesota county auditors and municipal clerks must make note in the statewide registration system that the voter returned the ballot. Minn. Stat. § 203B.065. The county auditor or municipal clerk must maintain a list of voters who submitted absentee ballots that have been accepted, and this list must be made available to the public. Minn. Stat. § 203B.12. The names of voters who submitted an absentee ballot that was not accepted cannot be made available for public inspection until the end of voting on Election Day. Minn. Stat. § 203B.12. Two or more members of an absentee ballot board evaluate each absentee envelope to determine whether the voter satisfied the requirements for submitting a valid absentee ballot. Minn. Stat. § 203B.121. After the close of business on the seventh day before the election, members of the ballot board may open envelopes containing absentee ballots and deposit valid ballots into a ballot box. Id. After the polls close on Election Day, two members of the ballot board count and tabulate the absentee votes.

Minnesota officials must deliver a returned absentee ballot to the absentee ballot board within five days, or three days if the ballot is received within two weeks of Election Day. Minn. Stat. § 203B.08. Ballots received in person after 3:00 p.m. on Election Day, or by mail after 8:00 p.m. on Election Day, are marked as late and not delivered to the ballot board.  Voters may cast in-person absentee ballots in the office of the county auditor, or at any polling place designated by the county auditor, during the forty-six days before the election. Minn. Stat. § 203B.081.

Absentee voters can track the status of their mail or absentee ballots online.

3. Uniformed and Overseas Citizens Absentee Voting Act (“UOCAVA”) Voters

Sections 203B.16 to 203B.27 provide an alternative absentee voting procedure for military and overseas voters covered by the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). Absentee ballots may be sent to these voters by mail, containing sufficient postage to assure proper return, or these voters may request to receive the ballot electronically. Minn. Stat. §§ 203B19 & 203B.225. These ballots are counted by a distinct absentee ballot board, which must immediately determine the eligibility of all ballot return envelopes returned during the 45 days preceding the election. Minn. Stat. § 203B.23.

Voting Technology

Minnesota uses paper ballots throughout the state. Minn. Stat. § 206.80(b). State law requires that the electronic ballot tabulating equipment prevent voters from casting an overvote, provide voters the opportunity to vote for a write-in candidate, and allow voters to verify their votes. Minn. Stat. § 206.80. The voting system also must be usable for all voters, and must facilitate a secret ballot. Id. The Secretary of State must examine and approve all new or significantly changed electronic voting systems. Minn. Stat. § 206.57.

The Secretary of State maintains a website with extensive information about voting systems and electronic poll books used in the state, including lists of systems used by the counties.

Polling Place Operations

1. Designation of Polling Place Locations

Under Minnesota law, the governing body of each municipality is responsible for establishing the boundaries of election precincts within its jurisdiction. Minn. Stat. § 204B.14 Subd.1. For unorganized territory, the governing body of each county in which the unorganized territory is located is responsible for drawing election precinct boundaries. Id. The same bodies are responsible for establishing a polling place for each election precinct under their jurisdiction. 2008 Minn. Sess. Law Serv. Ch. 244 (S.F. 1298); Minn. Stat. § 204B.16. Generally, each polling place should be a public facility located within or not more than one mile from the election precinct boundaries in which it sits. Id. In certain circumstances, Minnesota law also allows a single polling location to serve multiple precincts. Minn. Stat. § 204B.14(2)(b).

Statewide data about precincts are available through the Legislative Coordinating Commission, including shapefiles for current and past elections.

2. Election Day Officials

Minnesota law requires a minimum of four election judges in each precinct, unless a precinct had fewer than 500 registered voters in the last state primary, in which case three election judges are allowed. Minn. Stat. § 204B.22. Regardless of the number, at least two of the judges in each precinct must be from different “major political parties.” Id. at § 204B.21. Election judges are chosen by the governing body of each municipality, or the county board of commissioners for precincts in unorganized territory, from a list of individuals created by the major political parties and approved by the Secretary of State. Id.

Any individual who is eligible to vote in Minnesota is presumptively qualified to be an election judge, although state law identifies some disqualifying characteristics, such as: the inability to read, write, or speak English; being a candidate for election; and being related or living with a candidate for election. Id. at § 204B.19. Further, Minnesota allows high school students to serve as a “trainee election judge,” so long as they are 16 years old, have no party affiliation, and meet other qualifications promulgated by the Secretary of State. Id.

All election judges within each precinct form the precinct “election board,” with one of the judges serving as the “head election judge.” Id. at § 204B.20. The head election judge then assigns specific duties to each election judge within the precinct “as necessary or convenient to complete forms, obtain signatures, and perform all other duties required of election judges.” Id.  

3. Voting Procedure

Polls open at 7:00 a.m. on Election Day and remain open until 8:00 p.m. Minn. Stat. 204C.05, 204C.08. To vote in-person on Election Day, individuals must first sign a “polling place roster” or “voter signature certificate” affirming that they are eligible to vote. Id. at § 204C.10. Precincts are authorized to use “electronic [polling place] rosters” to comply with the signature requirement. Id. at § 201.225. An election judge can also confirm the individual’s name, address, and date of birth, in addition to the signature requirement. Id. at § 204C.10. Then the individual receives a “voter’s receipt” from the election judge and takes the receipt to the election judge in charge of ballots as proof the voter’s right to vote. Id. After receiving the ballot from the election judge, the individual can proceed to mark the ballot. Id.

Vote Counting and Recounting

Minnesota’s optical scan ballots are machine-counted at ballot counting centers. Minn. Stat. § 206.86. The counting process is open to the public, and damaged or defective ballots are replaced with duplicate ballots before final tabulation of precinct results. Id. For all races within a county, the county canvassing boards then determine which candidate won. Minn. Stat. § 204C.33. A state canvassing board determines the winners of statewide and multi-county races.

Minnesota has publicly funded recounts for both primary and general elections in the following circumstances:

• State legislative office: when the margin is less than one-half of one percent of the total number of votes counted for that nomination or office, or is ten votes or less and the total number of votes cast for the nomination is 400 votes or less. Minn. Stat. §§ 204C.35(a)(1); 204C.35(b)(1).
• Statewide federal office, congressional office, state constitutional office, statewide judicial office, or district judicial office: when the margin is less than one-quarter of one percent of the total number of votes counted for that nomination or office, or is ten votes or less and the total number of votes cast for the nomination is 400 votes or less. Minn. Stat. §§ 204C.35(a)(2); 204C.35(b)(2).

If a candidate desires a recount when the margins are greater than those qualifying for publicly funded recounts, a candidate may request a recount at their own expense. Minn. Stat. § 204C.35.

Post-Election Audits

Post-election audits (termed “reviews”) of election results are mandated after every state general election by Minn. Stat. § 206.89.  In addition, Minn. Stat. § 206.895 provides for procedural audits in a sample of precincts.

Ballot Security

Before voting, two election judges must certify the number of ballots delivered to the precinct. Minn. Stat. § 204C.09. After polls close, election judges must count the number of ballots and match the number to the number of names entered in the election register. Minn. Stat. § 204C.20.

After voting ends, the election judges immediately secure the ballots for transportation to the ballot counting center. Minn. Stat. § 206.86. After the ballots are counted, the election judges deliver the ballots either to the municipal clerk to be sent to the county auditor’s office or directly to the county auditor’s office. Minn. Stat. § 204C.27. In turn, the county auditors must make a record of all materials delivered, the time of delivery, and the names of the municipal clerk or election judges who made delivery. Minn. Stat. § 204C.28.

Campaign Finance Regulation

Individuals and political action committees are allowed to contribute up to $4,000 to candidates for governor, $2,500 for other statewide candidates, and $1,000 for candidates to the state legislature.

Campaign finance reports are required for candidates who run for county, city, township, school district, and other political offices. Minn. Stat. § 211A. Campaign finance reports are also required for committees formed to support or oppose a candidate or ballot question. Id. A committee or a candidate who receives contributions or makes disbursements of more than $750 in a calendar year must submit an initial report to the filing officer within 14 days after the candidate or committee receives or makes disbursements of more than $750 and must continue to make regular reports until a final report is filed. Id. The committee or candidate must file a report by January 31^st of each year following the year when the initial report was filed. Minn. Stat. § 211A.02. In a year when the candidate's name or a ballot question appears on the ballot the candidate or committee shall file a report: (1) ten days before the primary or special primary; (2) ten days before the general election or special election; and (3) 30 days after a general or special election. Id.

A religious, charitable, or educational organization is prohibited from soliciting a contribution on behalf of a candidate or committee (except for certain business advertisements, contributions to an organization to which the candidate belonged or contributed for over 6 months before candidacy, and ordinary contributions at church). Minn. Stat. § 211B.08.

Corporations are prohibited from directly or indirectly contributing anything of monetary value to a political party, organization, committee or individual to promote or defeat the candidacy of an individual for nomination, election, or appointment to a political office (except for independent expenditures as defined in section 10A.01). Minn. Stat. § 211B.15. However, a corporation may make contributions or expenditures to promote or defeat a ballot question or to qualify a question for placement on the ballot unless otherwise prohibited by law, or to express its views on issues of public concern. Id. A corporation may not make a contribution to a candidate for nomination, election, or appointment to a political office or to a committee organized wholly or partly to promote or defeat a candidate. Id.

The Minnesota Campaign Finance and Public Disclosure Board is charged with the administration of state campaign finance laws.  Its website hosts a great deal of information about campaign law and its implementation in the state.

Return to Election Landscapes Home