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City Clerk Election Training

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Title: City Clerk Election Training


1
City Clerk Election Training
  • Presented by the
  • Office of the Secretary of State
  • August 2008

2
Training Purpose
  • Know the scope of your responsibilities
  • Know what key questions to anticipate
  • Know resources available
  • Leads to election administration certification

3
Clerk Responsibilities
  • Arrange for polling places
  • Arrange for election judges to staff individual
    polling places
  • Post notices
  • Accept candidate filings for your city

4
Clerk Responsibilities
  • Prepare ballots
  • Administer regular absentee process for city only
    elections, state elections if delegated
  • Administer Election Day activities
  • Canvass city results
  • Retain election materials and records for 22
    months

5
Resources
  • City Clerk and Election Judge Guides
  • Available on our website
  • www.sos.state.mn.us
  • MN Election Laws
  • Your County Auditor

6
Election Administrator Certification
  • County auditor trains and certifies with support
    from Secretary of State
  • Initial certification 5 hours
  • Maintenance hours 4 hours during the following
    election cycle (Jan. 1 even year to Dec. 31 odd
    year)
  • (M.R. 8240.2700)

7
Election Calendar
  • Current calendar posted at www.sos.state.mn.us
  • Alerts you to statutory deadlines and required
    activities
  • Published notice
  • Posted notice

8
Definitions
  • Municipality - "Municipality" means any city or
    town
  • Metropolitan area - "Metropolitan area" means the
    11 counties of Anoka, Carver, Chisago, Dakota,
    Hennepin, Isanti, Ramsey, Scott, Sherburne,
    Washington, and Wright
  • (M.S. 200.02)

9
  • Conducting Elections

10
Precincts
  • The basic geographical units for organizing and
    administering elections
  • Each city must be at least one precinct
  • Precinct boundary changes
  • Must be made before June 1 of state election
  • Or Ninety (90) days before the next election
  • Annexations change precinct boundaries
  • (M.S. 204B.14)

11
Precincts
  • Mail balloting for a precinct designated by
    governing body applies to county auditor for
    permission
  • Municipality having fewer than 400 registered
    voters on June 1
  • Precincts having fewer than 50 registered voters
  • Unorganized territories if provided for by the
    county board
  • Municipality may conduct special mail elections
    for questions with 53 day notice to auditor
    (2008 Law Change)
  • (M.S. 204B.45 M.S. 204B.46)

12
Polling Place
  • The city council must designate, by ordinance or
    resolution a polling place that is
  • Large enough to accommodate the election
    activities
  • Free of other non-election activities
  • Smoking free
  • Liquor free and not next to a liquor service area
  • Fully accessible
  • (MS 204B. 16 subd. 5)

13
Polling Place Access
  • All designated polling places must be in
    substantial compliance with 204B.16
  • Each polling place must be accessible by voters
    who are elderly or have physical disabilities
  • A polling place is deemed accessible if it
    complies with the standards in MS 204B.16 sub 5,
    paragraphs (a) to (f)
  • (MS 204B.16)

14
Polling Places
  • Minimum accessibility requirements include
  • Paved parking with wide spaces reserved for
    disabled persons
  • Curb cuts or temporary ramps
  • Paved main routes free of stairs or elevator
    bypasses
  • Doorways/entrances minimum 32 inches wide
  • Walkways/hallways minimum 36 inches wide
  • Hallways free of protrusions overhanging floor
  • Handrails on stairs
  • Signs showing accessible routes into location
  • Signs outlining assistance available
  • At least one 34 inch high accessible voting
    station
  • (M.S. 204B.16)

15
Polling Places
  • AutoMARK
  • Must be available for federal, county, city, and
    school elections.
  • Available in the office for in person absentee or
    mail voting for these elections.
  • (M.S. 206.57)

16
Polling Places
  • Polling places located
  • Within 1 mile of a precinct boundary in a city
    located in whole or in part in the metro area
  • (2008 Law change)
  • (M.S. 204B.16)

17
Polling Place Changes
  • Designations remain effective until changed
  • Changes cannot be made less than 90 days before
    the next election nor anytime between the state
    primary and general elections
  • Clerk must notify auditor of change
  • Voters must be notified of change at least 25
    days before the next election (either by a card
    sent by auditors, or a letter sent by the clerk
    or auditor)
  • (M.S. 204B.16)

18
Shared Voting Equipment
  • One precinct count voting system can be used to
    count ballots for up to four precincts
  • In the same county
  • With a combined total of fewer that 2,500 voters
    as of June 1 of that election year
  • Participating precincts will be at the same
    location, but have
  • Separate election judges
  • Separate rosters
  • Separate summary statements
  • (M.R. 8230.4365)

19
Combined Polling Place
  • A single combined polling place can be
    established no later than June 1 of any year for
  • Two contiguous precinct in the same municipality
    with less than 500 registered voters
  • Up to 4 contiguous municipalities located outside
    the metro area, in the same county
  • each municipality must approve
  • Non-contiguous precincts located in one or more
    counties
  • each governing body the Secretary of State
    must approve
  • (M.S. 204B.14, subd. 2)

20
Combined Polling Place
  • Each precinct in a combined polling place has
  • Separate rosters
  • Separate summary statements
  • A single set of election judges may be appointed
    to serve at a combined polling place
  • A copy of the ordinance or resolution
    establishing the combined polling place must be
    filed with the county auditor
  • A municipality can withdraw from a combination by
    notifying the county auditor no later than May 1
    of any year
  • (M.S. 204B.14)

21
Election Judges

22
Election Judges
  • Clerk, though the city council, hires polling
    place election judges and assigns to precincts
  • Party lists to municipalities by June 15th
  • At least 2 EJ in each precinct affiliated with
    different parties (Law Change 2008)
  • Minimum of three judges per precinct (at all
    times)
  • One per 150 voters when using hand-counted
    ballots
  • Minimum of four judges in precincts having
    electronic voting systems and more than 400
    voters
  • (M.S. 204B.21 M.S. 204B.22)

23
Election Judges Eligibility
  • Eligible to vote anywhere in Minnesota
  • Able to read, write and speak English
  • Appointed by the City Council
  • Trained and currently certified as
  • an election judge
  • (M.S. 204B.19)

24
Election Judge Cannot Be
  • A candidate in that election (i.e., running for
    an office on a ballot used in that precinct) or
  • The husband, wife, parent, child, brother or
    sister of a candidate or another election judge
    in the same precinct
  • (M.S. 204B.19, subd. 2)

25
Election Judge Trainees
  • Students aged 16-17 can serve as trainees with
    permission from the principal and their parent
  • Appointed without party affiliation, trainees
    cannot serve in roles requiring party balance nor
    can they serve past 1000 PM
  • Trainee election judges may be paid not less than
    two-thirds of the minimum wage for a large
    employer
  • (M.S. 204B.19)

26
Additional Logistics
  • On Election Day, the clerk may fill election
    judge vacancies and provide for their emergency
    training (details in Election Day Activities)
  • Delegate alternates as part of appointment
    resolution
  • Compensation is set by the appointing authority,
    but must be at least minimum wage (2/3 minimum
    for student trainees)
  • (M.S. 204B.19)

27
Election Judge Training
  • County auditors may delegate this responsibility
    to the city clerk
  • Required Judge Training
  • Election Judge
  • Head Election Judge
  • Healthcare Facility Absentee Voting Election
    Judge Training
  • (M.S. 204B.25 M.R. 8240.1750, subp. 2 M.R.
    8240.1800)

28
Giving Notice

29
Required Notice
  • Candidate filing period
  • Election Notice
  • to County Auditor
  • Public Notice of Election
  • Notice of mail procedures
  • Notice of No State Primary
  • (M.S. 205.13 M.S. 205.16 M.S. 204B.45 M.S.
    204D.03 204D.07)

30
Required Notice
  • Electronic Voting System Public Accuracy Test
  • Sample Ballot
  • (M.S. 206.83 M.S. 205.16)

31
Candidate Filings

32
Candidate Filings
  • Candidate eligibility (eligible to vote, age 21,
    and 30 day resident).
  • Two-week filing period opens 70 days before
    election.
  • Published notice
  • Notice to the Auditor
  • Accept Affidavit of Candidacy and filing fee
    (or Petition in Place of Filing Fee)
  • Note Electronic filing for absent candidates
    does not apply to Municipal offices (2008 Law
    Change)
  • 2 day withdrawal period. Filing Fee not refunded
  • Separate filing to fill terms for vacancies
  • (M.S. 204B.03)

33
  • Campaign Finance and Practices

34
Chapter 211A
  • Candidates and committees
  • County
  • Municipal
  • School district
  • Other political subdivision
  • Requirements in addition to local charter
  • (M.S. 211A.02, subd. 3)

35
Chapter 211B
  • Campaign practices
  • Federal candidates
  • State candidates
  • Local candidates
  • Committees formed to promote or oppose ballot
    questions and constitutional amendments

36
211A Filing Officer
  • Officer authorized by law to accept affidavits of
    candidacy or nominating petitions for an office
  • Authorized to place a ballot question on the
    ballot
  • (M.S. 211A.01, subd. 7)

37
Required Campaign Reports
  • Initial report
  • Year-end report
  • When candidates name or a ballot question appears
    on the ballot.
  • Pre-primary or special primary report
  • Pre-general or special election report
  • Certification of filing
  • Post-general or special election report
  • Statement of economic interest (when applicable)
  • Final Report
  • (M.S. 10A.09 M.S. 211A.02)

38
Initial Report
  • Due within 14 days of raising or spending 750
  • Must make all required filings until final report
    is filed
  • (M.S. 211A.02, subd. 1 (a))

39
Year-End Report
  • Due January 31 of each year following year when
    an initial report is filed
  • Contains information for the entire year when
    candidate name or ballot question not on the
    ballot
  • For example 2008 year-end report filed January
    31, 2009
  • (M.S. 211A.02, subd. 1 (b))

40
Election Year Reports
  • Pre-primary or special primary report
  • Due 10 days before the primary or special primary
  • Pre-general or special election report
  • Due 10 days before the general or special
    election
  • Certification of Filing
  • Post-general or special election report
  • Due 30 days after the general or special election
  • (M.S. 211A.02, subd. 1)

41
Certification of Filing
  • Seven days after the general or special election
  • Also filed by committee formed to promote or
    defeat a ballot question
  • Indicates all reports filed or did not raise or
    spend 750 in the calendar year
  • Election certificate cannot be issued until
    received
  • Violation by Filing Officer Misdemeanor (M.S.
    211A.05)

42
Final Report
  • May be filed when all debts are paid and less
    than 100 in assets in the aggregate
  • Contains same information as required with
    standard reports
  • Covers the period from the last report to the
    date the final report is filed
  • New initial report filed if new activity
  • (M.S. 211A.03)

43
Required Information
  • Campaign financial reports must include
  • Name of the candidate or committee
  • Printed name, address, telephone number,
    signature, and email address (if available) for
    person responsible for filing the report (Law
    Change 2008)
  • Total amount of all expenditures
  • Amount, date and purpose for each expenditure
  • Total amount of all contributions received
  • Contribution amount, date, name, address,
    employer, or occupation if self-employed, for
    anyone donating in excess of 100 in the
    aggregate (Law Change 2008)
  • Report activity from last report to five days
    before current report is due
  • (M.S. 211A.02, subd. 2)

44
Contribution Limits
  • Population of territory represented less than
    100,000
  • 300 in the aggregate during election year and
    100 in the aggregate during non-election year
  • Population of territory represented 100,000 or
    larger
  • 500 in the aggregate during election year and
    100 in aggregate during non-election year
  • (M.S. 211A.12)

45
Failure to File
  • Filing officer must immediately notify a
    candidate or committee if they fail to file a
    report on the date that it is due
  • Must file complaint with the Office of
    Administrative Hearings missing report is not
    filed within 10 days after notification is mailed
  • The formal complaint can be withdrawn once the
    missing report is filed
  • (M.S. 211A.05 211B.32)

46
Riley vs. Jankowski
  • April 2006 Minnesota Court of Appeals ruled that
    at least in part M.S. 211B.04, disclaimer
    requirements, is unconstitutional
  • Office of Administrative hearings has
    jurisdiction over Minnesota Statutes Chapter 211B
    and their website contains information relating
    to this issue
  • www.oah.state.mn.us
  • (Minnesota Court of Appeals file A05-1125)

47
Campaign Signs
  • Whether a municipality has a sign ordinance or
    not, signs of any size may be posted in any
    number from August 1 in a state election year
    until 10 days following state general election
  • Signs can be posted at anytime if a municipality
    does not have a sign ordinance
  • (M.S. 211B.045)

48
Access to Multiple Unit Dwellings
  • Political candidate or campaign workers with
    candidate allowed access to
  • Apartment building
  • Dormitory
  • Nursing home
  • Manufactured home park
  • Other multiple unit facility used as a residence
  • Single family homes located on private roadways
  • Particular exceptions can limit access
  • (M.S. 211B.20)

49
Participation in Public Parades
  • If a parade allows candidates, a candidate must
    be allowed to participate for a fee that is not
    greater than fee charged to other units
  • (M.S. 211B.205)

50
Complaints of Unfair Campaign Practices
  • Complaints of campaign finance or practices
    violations (M.S. 211A or 211B) heard by the
    Office of Administrative Hearings
  • Complaints are initiated by filing a completed
    complaint form with the OAH, available at
    www.oah.state.mn.us
  • Cost of complaints relating to county or local
    offices or ballot questions assessed against
    county(s) where the election is held
  • (M.S. 211B.32 211B.37)

51
Ballot Preparation

52
Optical Scan Ballot Creation
  • Provide ballot information to your auditor
  • As soon as possible after the close of withdrawal
  • Municipal offices, questions
  • Candidates
  • Base rotations
  • Draw by lot for first precinct
  • Vendor completes rotation for remaining
    precincts
  • (M.S. 206.90 M.R. 8220.0850)

53
Ballot Information
  • Enter your ballot information into the State
    candidate filing system
  • Your auditor may do this or ask you to do this
  • Benefits
  • Fewer ballot errors
  • Faster ballot printing and delivery
  • Voters can view precinct ballots from the polling
    place finder on the SOS website (My Ballot)
    prior to the election

54
Ballot Questions
  • Address bond and levy decisions, and a small
    number of other specific issues
  • No general initiative or referendum process, nor
    advisory elections
  • (M.S. 205.10, subd. 1)

55
Voting Equipment

56
Assistive Voting Equipment
  • Minnesota Statute 206.75 requires
  • In federal and state elections held after
    12/31/05 and
  • In county, municipal, and school district
    elections held after 12/31/07
  • An assistive voting system must be available
    that
  • Allows individuals with disabilities to vote
    privately and independently.
  • Provides voters with the opportunity to
    correct ballot marking errors

57
Vote System Testing
  • All electronic voting system elements are
    required to have
  • Preliminary testing tests the counting of
    offices and precincts for each ballot style
  • Public Accuracy Testing the public
    demonstration of the accuracy of the preliminary
    testing
  • May be completed by county or clerk
  • (M.R. 8220.1050 STAT AUTH MS 206.57 206.81
    206.82)

58
Absentee Voting

59
Eligible to vote absentee?
  • For voters expecting to be unable to go to
    the polling place because of
  • Absence from the precinct
  • Illness or disability
  • Religious discipline or observance
  • Service as an election judge in another precinct
  • Eligible emergency declared by the governor or
    quarantine declared by federal or state
    government
  • (M.S.203B.02, subd 1)

60
Ongoing Absentee Status
  • Ongoing absentee status is for voters who
    reasonably expect to be unable to go to the
    polling place on a continuing basis
  • Available upon written request a form is
    available on our website
  • Voter applies to county auditor or municipal
    clerk for ongoing absentee status
  • Clerk or Auditor sends an AB application to voter
    for all subsequent elections 45 days before the
    election
  • (M.S. 203B.04)

61
Ending Ongoing Absentee Status
  • Ongoing absentee status ends on
  • Voters written request
  • Voters death
  • Return of ongoing absentee ballot as
    undeliverable
  • Voters ineligibility to vote
  • Placement on inactive status
  • (M.S. 203B.04)

62
Absentee Voting Administration
  • In state elections, absentee voting must be
    administered by
  • County Auditor
  • Full-time Municipal clerk if
  • The county auditor has designated the clerk to
    administer AB, or
  • The clerk has given auditor notice of intention
    to administer AB
  • (M.S. 203B.16)

63
Absentee Voting Administration
  • Regular absentee applications
  • Processed by County Auditor or Clerk
  • Federal Postcard Application (FPCA) for
    uniformed, overseas citizens.
  • Processed by County Auditor
  • FPCA processed as VR application not from person
    indefinitely overseas (2008 Law Change)
  • Clerk forwards application to appropriate county
    auditor
  • County UOCAVA AB board accept/reject(2008 Law
    Change)
  • (M.S. 203B.04 M.S. 203B.17)

64
Municipal Elections
  • Not held with a County or State election
  • Clerk may administer absentee voting for
    municipal elections
  • County auditor may act on behalf of municipal
    clerk
  • Special municipal election may be cancelled if
    more than 46 days before election notify auditor
    of cancellation (2008 Law Change)
  • (M.S. 203B.16)

65
At least 30 days before Election
  • Have ballots available
  • Have adequate supply of absentee applications,
    envelopes, and instructions
  • Begin absentee voting on time
  • (M.S. 203B.05)

66
Clerk Administration Duties
  • Process completed applications
  • Provide voter with ballots and other materials
  • Put 1st class postage on return envelopes (Send
    materials in pre-paid special delivery envelope
    if provided by the voter)
  • Secure voted ballots and other materials upon
    return (Arrange for processing, counting and
    recording of votes)
  • (M.S. 203B.06)

67
Required Office Hours
  • If clerk is administering absentee voting, office
    must be open from 1000 a.m. to 300 p.m. on the
    Saturday, and until 5 p.m. on the Monday,
    preceding the election
  • (M.S. 203B.085)

68
Non-Registered Challenged Voters
  • Notation on record indicates a challenged voter
  • Process these voters as if they are unregistered
  • Non-registered absentees also include a
    registration application
  • Only non-registered and UOCAVA absentees required
    to have administrative envelope or security flap
    on return envelope (2008 Law Change)
  • (M.S. 203B.04)

69
Return of Absentee Ballots
  • In person by 5 p.m. day before election
  • Check mail delivery on Election Day
  • Agent delivery to clerk (not election judge) by
    300 on Election Day
  • (M.S. 203B.08)

70
Processing Absentee Ballots
  • Clerk stamps or initials and dates return
    envelopes, logs them in, and keeps them in a
    secure location (2008 Law Change)
  • Returned by agent clerk checks agents
    identification, logs agent name and address, logs
    voters name and address. Agent signs log
  • (M.S. 203B.24)

71
Processing Absentee Ballots on Election Day
  • Clerk confirms ballots from last mail delivery
    are recorded and delivers them to the election
    judges for processing
  • Federal write-in ballot may be used for federal,
    state, and local offices
  • For federal office write-in for candidates name
    or party name are counted
  • For state and local office only candidate name
    counted, party only will not be counted
  • (2008 Law Change)
  • (M.S. 203B.08, Subd. 3)

72
Voters in Health Care Facilities
  • Full-time clerk or auditor must conduct AB voting
    for residents of HCFs
  • Send teams of judges to accept applications and
    issue ballots during 20 days before the election
  • Teams must be of different political parties
  • One-hour additional training is required for
    election judges
  • (M.S. 203B.11 M.R. 8240.1800)

73
Healthcare Facility Definition
  • Health care facility - Health care facility
    means a licensed hospital, sanitarium, or other
    institution as defined in section M.S.144.50,
    subdivision 2, or a nursing home licensed to
    serve adults under section M.S.144A.02
  • (M.S. 203B.01)

74
Healthcare Facility or Not?
  • Checking Health Care Facilities for Licensing
  • To check if a HCF meets the above requirements,
    you can call the Minnesota Health Department,
    License and Certification, 651-215-8700 or the
    web address
  • http//www.health.state.mn.us/divs/
  • fpc/directory/providerselect.cfm

75
Conducting HCF Outreach
  • Recommended! Work with HCF early!
  • Coordinate with HCF
  • Pre-register voters for fewer HCF election-day
    registrations
  • Receive most applications before HCF voting
    period
  • Judges still must accept applications and issue
    ballots during HCF voting. This includes
    healthcare patient who are hospitalized one
    day before election
  • (M.S. 203B.11)

76
Health Care Facility Voting
  • Three ways to vote for HCF resident
  • Health Care Facility Resident
  • Voter who becomes hospitalized one day before the
    election (rarely used)
  • Agent Delivery for patient in hospital,
  • HCF, other covered facility, or at home

77
Residential Facility Vouching
  • During absentee voting outreach to healthcare
    facilities, employees of the facility can vouch
    for residents
  • An election judge can vouch if they are a
    registered voter in that precinct

78
Agent Delivery
  • Voters who may use agent delivery (Law Change
    2008)
  • Hospitalized or HCF voter
  • Individual in an adult residential program
  • Resident of a shelter for battered women
  • Resident of Assisted Living Facility (Minn. Stat.
    144G)
  • Voter who has difficulty getting to polls due to
    incapacitating health reasons or disability
  • (M.S. 245A.02, subd. 14 M.S. 611A.37, subd. 4)

79
Agent Delivery
  • Process
  • Voter designates an agent to deliver the ballot
    to the voter during 7 days before election (2008
    Law Change)
  • Voter designates agent by 200 p.m. election day
  • Ballot returned to auditor or clerk by 300 p.m.
  • Affidavit to designate agent may be combined with
    AB application
  • May wish to coordinate receipt of forms by fax
    with HCF or facility
  • (M.S. 203B.11)

80
Agent Delivery
  • Individual designated as Agent
  • Must have a pre-existing relationship with
    voter
  • Can serve as agent for no more than three voters
  • Cannot be a candidate in the election
  • OSS provides sample materials
  • voter request affidavit
  • transmittal envelopes
  • (M.S. 203B.11)

81
SAH Rules 8290.1400
  • Vote as absentee, name not in SVRS
  • OSS provides AB app to participant, coordinates
    ballot from county to voter, verifies signatures
    match on return certification
  • OSS xfers secrecy env to new return envelope w/o
    voters name/address
  • OSS forwards ballot to Auditor, to Clerk
  • Judges must accept and note as SAH AB on blank
    roster page

82
Election Day Activity

83
Election Day Activities
  • Voting Hours (Municipal Elections)
  • Minimum hours for metro area city from 1000 a.m.
    to 800 pm
  • Non-metro area minimum 500 pm to 800 pm
  • Voting Hours (State Elections)
  • At state primary and general, all city polling
    places must be open from 700am-800pm
  • (M.S. 204C.05 M.S. 205.175)

84
Election Judge Vacancies
  • A vacancy exists if
  • If a judge fails to arrive within 30 minutes of
    poll opening, or
  • Fails to perform duties assigned by head judge,
    or
  • Becomes unable to serve
  • Remaining election judges elect a qualified
    individual to fill the vacancy or
  • Municipal clerk may assign election judges to
    fill vacancies as they occur if alternate judges
    appointed
  • (M.S. 204B.23)

85
Authorized Persons In Polling Place
  • Persons providing assistance
  • Persons vouching for a voter
  • Observers authorized by OSS or clerk
  • Peace officers, if requested by election judge
  • Children with voters
  • Challengers
  • Teachers with students when authorized by OSS
  • Persons making a written complaint
  • (M.S. 204C.06)

86
Authorized Persons In Polling Place
  • News media may enter polling place to observe
    voting process
  • Present photo ID along with media credentials or
    written statement from local election official
  • Stay 6 feet away from voters
  • Cannot interfere with voting or talk to voters
  • Cannot make a list of voters
  • (M.S. 204C.06, subd 8)

87
Challengers
  • Appointed by nonpartisan candidates, political
    parties, or by jurisdiction holding election on a
    question
  • Present letter of appointment and proof of
    residence used for election day registration
    proving they are residents of MN
  • Only challenge voters eligibility based on their
    own personal knowledge
  • Must complete Oath of Challenge Form
  • Cannot converse with voters unless to determine
    voter eligibility in presence of election judge
  • Cannot make lists of who voted or handle
    materials
  • (Laws of 2008, Chapter 244, M.S. 204C.07, 204C.12)

88
Challenge Process
  • Challenger must complete Oath of Challenge Form
  • Have the challenged voter swear or affirm the
    oath
  • Election judge questions the voter regarding the
    reason for the challenge
  • If the voters answer indicate the voter is
    eligible to vote in the precinct, the voter may
    sign the roster and proceed to vote
  • Make notations on Oath of Challenge form and
    Incident Log as appropriate
  • (M.S. 204C.12)

89
Prohibited Polling Place Activities
  • Persons/items/activities not allowed in the
    polling place
  • Disorderly persons
  • Intoxicated persons and/or liquor
  • Campaigning or campaign materials (e.g.
    literature, buttons)
  • Smoking
  • (M.S. 204C.06)

90
Prohibited Polling Place Activities
  • No lingering
  • No one except an election official or an
    individual waiting to register or to vote shall
    stand within 100ft of the building where the
    polling place is located (2008 Law Change)
  • (M.S. 204C.06)

91
Prohibited Polling Place Activities
  • Primary and Election Day Prohibitions
  • A person may not
  • Display campaign material or post signs
  • Ask, solicit, induce, or persuade a voter
  • Within 100 feet of the building where a polling
    place is located, or anywhere on the public
    property on which a polling place is situated
  • NOTE this means that campaign buttons cannot be
    worn in the polling place and campaign signs
    cannot be displayed on cars or in yards near the
    polling place
  • (M.S. 211B.11, subd. 1)

92
Election Day Registration
Front
Back
93
Election Day Registration
  • Old voter registration applications can be used
    through the 2008 general election and election
    days after that
  • EDR/In-person Tennessen Warning must be made
    available
  • Tennessen Warning printed on backside of new
    voter registration applications used for election
    day registration
  • (M.R. 8210 Laws 2007, Chapter 129)

94
Election Day Registration
  • Use precinct finder or map to make sure voter is
    in correct place
  • Have voter complete VRA
  • Have voter provide proof of residence
  • Document proof of residence provided on bottom of
    VRA
  • Have voter complete and sign new registrantpage
    of election day registration roster
  • Provide voter with voter receipt and direct to
    ballot judge

95
Election Day Registration
  • Documents with current name and address in
    precinct (2008 Law Change)
  • Valid MDL or MN ID or Learners Permit or receipt
  • Prior registration in the precinct with previous
    name or address on roster
  • A current valid student ID, provided the student
    appears on a post secondary education housing
    list
  • Notice of late registration
  • Tribal ID from a federally recognized tribal
    group with name, current address, signature,
    and picture
  • (M.S. 201.061 M.R 8200.5100)

96
Election Day Registration
  • Or photo ID plus a current bill
  • Photo ID, may be expired
  • MDL or MN ID with former address
  • US passport
  • US military ID
  • MN post secondary student photo ID
  • Tribal ID with name, signature, picture
  • (M.S. 201.061 M.R. 8200.5100)

97
Election Day Registration
  • Bill with voters name and current address in the
    precinct (2008 Law Change)
  • 1. Utility bill, regardless if delivered
    electronically or by mail due within 30 days of
    election day
  • Telephone, television, internet service provider,
    electric, gas, phone, cell phone, water, garbage,
    sewer, and solid waste
  • Current name and address in the precinct
  • 2. Student fee statement
  • 3. Rent Statement dated within 30 daysof
    election day that itemizes utilities
  • (M.R. 8200.5100)

98
Election Day Registration
  • May also use a voucher
  • Someone registered in same precinct vouch for
    their residency
  • Can vouch for up to 15 voters
  • Employee of a residential facility can vouch for
    an unlimited number residents for that facility
  • (M.R. 8200.5100)

99
Clerks role after polls close
  • Summary statements and ballots returned to
    municipal clerk or county auditor ASAP, not later
    than 24 hours
  • Be sure they are sealed and signed over the
    sealed part
  • Check summary statements/math
  • If failed to deliver, clerk must send special
    messenger to polling place
  • Clerk should log time and names of delivery
  • Clerk returns polling place rosters and completed
    VR cards to county auditor in 48 hours
  • Deliver other even-year materials to Auditor
  • (M.S. 204C.25, M.S. 204C.27, M.S. 204C.28, M.S.
    204C.29)

100
After The Election

101
After the Election
  • Canvassing returns
  • Canvassing board meets and declares the results
    of city races
  • Within two day of the primary
  • Within seven days of the general election
  • (M.S. 205.065 Sub. 5 M.S. 205.185, subd.3)

102
Certification of Results
  • Clerk certifies city results to county auditor
  • Clerk issues certificate of election to
    candidates after certification of filing is
    received and after 7 days of canvass if no
    recount requested or contest is filed
  • Notify Secretary of State of referendums changing
    form of government or approving intoxicating
    beverage sales
  • (M.S. 204C.40 M.S. 367.30 .31)

103
Record Retention
  • Clerk is responsible for custody of ballots and
    returns in city elections
  • Clerk must secure all materials used in the city
    election (including voted ballots) for 22 months
    following the election

104
Election Recounts

105
Local Recounts
  • The clerk is responsible for conducting a recount
    on behalf of the city council
  • A written request for a recount must be filed
    with the clerk during the time for notice of
    contest
  • within 5 days of primary canvass, 7 days of
    general canvass
  • See the Recount Guide for procedures used to
    conduct the recount
  • (M.S. 204C.36)

106
Local Recount
  • Recount of a candidate or ballot question is
    conducted at the expense of the municipality if
  • The difference between votes for and against is
    less than .5 or
  • The difference is 10 votes or less and no more
    than 400 votes were cast
  • If the difference is greater than above, person
    requesting the recount pays
  • A written request for a ballot question recount
    must be filed by any person eligible to vote on
    the ballot question
  • The request must be filed with the clerk and must
    be accompanied by the signatures of 25 voters
    eligible to vote on the question
  • Canvass Board reconvenes to certify recount
    results

107
Post Election Review of Voting Systems

108
Post-Election Review
  • Conducted for even-year elections for
  • Governor (or President)
  • U.S. Senator
  • U.S. Representative
  • (M.S. 206.89)

109
Post-Election Review
  • Scheduled at the canvass of the state primary by
    county canvassing board
  • County auditor notifies Secretary of State of
    randomly selected precincts, time and place of
    review
  • Secretary of State posts information on the web
    site
  • (M.S. 206.89)

110
Post-Election Review
  • Review must be conducted in public
  • County auditor is the post-election review
    official, may designate to municipal clerk (2008
    Law Change)
  • Conducted in the manner of recounts under M. R.
    8235 as far as practicable
  • Post election review official immediately
    reports results to auditor
  • Auditor submits results to secretary of state
  • Secretary of state reports results to state
    canvassing board at canvass of state general
    election
  • (M.S. 206.89)

111
Performance Audit
  • OSS must monitor and evaluate procedures in
    precincts being reviewed in post-audit
  • At least four precinct per congressional district
  • Precincts selected by lot at meeting of state
    canvassing board
  • (M.S. 206.895)

112
Training Completion Form
  • Todays training hours
  • Send to your county auditor to receive credit
    toward your certification

113
Thank You !
  • For the care and attention
  • you give to every election.
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