The Resolution of Election Disputes: Legal Principles that Control Election Challenges
154 N.W.2d 185
277 Minn. 468, 154 N.W.2d 185
(Cite as: 277 Minn. 468, 154 N.W.2d 185)
greater number of ballots in the box than appears in the election register, the judges are required to withdraw from the
box those ballots which are not initialed by the judges and
to preserve but not count such ballots.
Parker & Olsen, Cambridge, for appellant.
Dablow & Johnson, Cambridge, for respondent.
OPINION
MURPHY, Justice.
This is an appeal from a judgment of the district court growing out of an election contest by which it was determined
that Charles E. Johnson *469 was elected auditor of Isanti
County by a margin of 2 votes. The issue presented must be
resolved by interpretation of Minn.St. 204.20,[FN1] which
relates to election procedures to be followed with reference
to ballots not properly marked by the judges under circumstances where the ballots cast are in excess of the number
found in the election register.
FN1. Minn.St. 204.20 provides: 'Subdivision 1.
The judges shall remove all the ballots from the
box, and without considering how the ballots are
marked they shall ascertain that each ballot is
single, and count them to determine whether the
number of ballots corresponds with the number that
the election register or registration file shows were
cast.
'Subd. 2. If two or more ballots are found so folded
together as to appear like a single ballot, the judges
shall lay them aside until all of the ballots in the
box have been counted, and if it is evident from the
number that the election register or registration file
shows were cast that the ballots folded together
were cast by one voter, the judges shall preserve
but not count them. If there is an excess of ballots
in one box, the judges shall examine all the ballots
in the box to ascertain that all are properly marked
with the initials of the judges, and if any are not so
marked, they shall preserve but not count them. If
there is still an excess of properly marked ballots,
the judges shall replace them in the box, and one
judge, without looking, shall withdraw from the
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box a number of ballots equal to the excessive
number, and the withdrawn ballots shall be preserved but not counted.
'Subd. 3. If the judges find ballots in a ballot box
that are different from the kind properly belonging
therein, they shall lay the different ballots aside. If
the number of ballots in any box equals or exceeds
the number that the election register or registration
file shows were cast, then ballots proper to have
been placed therein, but found in another box, may
not be counted. But if the number is less than that
shown by the election registers or registration file,
and ballots properly belonging in that box are
found in another box, they shall be counted the
same as those in the proper box, but only to the extent of the deficiency and selected by lot when necessary.
'Subd. 4. When the number of ballots as finally
counted agrees with the number that the election
register or registration file shows were cast, those
ballots not counted shall be attached to a certificate
made by the judges, stating why the ballots were
not counted, and the certificate and uncounted ballots shall be sealed in a separate envelope and returned with the other returns to the officer from
whom they were received.'
In the general election held in Isanti County on November
8, 1966, *470 Charles E. Johnson opposed Frank Trnka, the
incumbent, for the office of county auditor. The Isanti
County Canvassing Board declared Trnka to be the winner
by a vote of 2,543 to 2,539.
[1][2] In the contest which followed, the court ordered an
inspection of the ballots, **187 as a result of which certain
errors were found. We think that the trial court correctly disposed of all of the issues except those relating to the questioned ballots which were marked exhibits A17, A18, A19,
A20, B2, and B3. These ballots were not properly initialed
by the election judges, as required by Minn.St. 204.05,
subd. 1, which provides:
'Before the voting begins, or as soon thereafter as possible, two judges shall place their initials on the backs of
all the ballots they have, directly under or opposite the
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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