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RESOLUTION 2004-21
AUTHORIZATION TO CREATE AN ABSENTEE BALLOT BOARD
FOR THE GENERAL ELECTION ON NOVEMBER 2, 2004
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Falcon Heights hereby
authorizes the creation of an Absentee Ballot Board to aid in the handling and processing
of absentee ballots for the general election on November 2, 2004. The Absentee Ballot Board
will consist of four election judges: Two from each precinct and from different political parties.
The Absentee Ballot Board will meet at City Hall on Saturday, October 30, 2004, 8:30 AM,
to process absentee ballots according to the guidelines outlined in State Statute #203B.13:
Absentee Ballot Boards. (See Attachment I.)
• Adopted by the City Council of Falcon Heights on October 13, 2004.
~~~~
Susan L. Gehrz, Mayor
ATTESTED:
~~~~-
Bather M. Worthington, City dministrator
Attachment
•
ATTACHMENT I
3 the voter is reeistered and elivible to vote in the precinct or has included a proQerly completed voter
registration application m the return envelope• and
• 4 the voter has not akeadv voted at that election either in person or by absentee ballot. The return envelone
from accented ballots must be preserved and returned to the county auditor
If all or a majority of the election iudges examining return envelopes fmd that an absent voter has failed to
meet one of the requirements prescnbed m clauses ll l to (41 they shall mark the return envelope "Reiected "initial
or sign rt below the word "Reiected "and return rt to the county auditor
Subd. 3. Notation on polling place roster. If the return envelope is mazked with the word "Accepted," the
election judges shall record the fact that the voter has voted by absentee ballot on the polling place roster. This must
be done by placing the letters "A.B." in the appropriate space on the roster. After a registration record has been
marked to record that an individual has voted by absentee ballot, the individual shall not be allowed to vote in
person at that election.
Subd 4. Placement in container; opening and counting of ballots. The ballot envelopes from return
envelopes mazked "Accepted" shall be placed by the election judges in a separate absentee ballot container. The
container and each ballot envelope may be opened only after the last regulaz mail delivery by the United States
postal service on election day. The ballots shall then be initialed by the election judges in the same manner as
ballots delivered by them to voters in person and shall be deposited in the appropriate ballot box.
If more than one ballot of any kind is enclosed in the ballot envelope, none of the ballots of that kind shall be
counted but all ballots of that kind shall be returned in the manner provided by section 204C.25 for return of spoiled
ballots.
Subd. 5. M.S. 1999 Repealed; 1999 c 132 s 46
Subd. 6. Exception for municipalities or school districts with absentee ballot boards. In municipalities or
school districts with an absentee ballot board, the election judges in each precinct shall receive and process return
envelopes and ballot envelopes as provided in this section except that the ballot envelopes from return envelopes
mazked "Accepted" shall be delivered in an absentee ballot container to the absentee ballot boazd for the counting of
ballots as soon as possible after processing. Other law to the contrary notwithstanding, the governing body of a
municipalityor the school boazd of a school district with an absentee ballot precinct may authorize the judges of the
absentee ballot precinct to validate ballots in the manner provided in this section. The vote totals provided by the
absentee ballot board shall be included in the vote totals on the summary statements of the returns for the precinct in
which they were received.
Subd. 7. Names of persons submitting absentee ballots. The names of voters who have submitted an
absentee ballot return envelope to the county auditor or municipal clerk may not be made available for public
inspection until the close of voting on election day.
History: 1981 c 29 art 3 s 12; 1981 c 185 s 2; 1983 c 253 s S, 6,• 1984 c S60 s 6-9; 1987 c 266 art 1 s 18; 1989
c 291 art 1 s S, 6; 1990 c 585 s 21,22; 1991 c 320 s 1; 1997 c 147 s 20,21; 2004 c 293 art 1 s 23
NOTES AND DECISIONS
203B.12
Absentee ballot may aot be challenged after.deposit in ballot box except for invalidity on the.face of the ballot. Bell v Gannaway, 227
N.W. 2d 797 (Minn. 1975).
Absentee ballot, which was torn and had been repaired by tape, was properly allowed on theory that it was mutilated ballot presumed to
have been tom after it was received and counted by election officers. Sperl v. Wegwerth, 265 Minn. 47, I20 N.W. 2d 355 (1963).
203B.125 SECRETARY OF STATE TO MAKE RULES.
The secretary of state shall adopt rules establishing methods and procedures for issuiag ballot cards and
related absentee forms to be used as provided in section 203B.08, subdivision 1 a, and for the reconciliation of voters
and ballot cazds before tabulation under section 203B.12.
' History: 1983 c 253 s 7
203B.13 ABSENTEE BALLOT BOARDS.
Subdivision 1. Establishment. The governing body of any county that has established a counting center as
provided in section 206.85, subdivision 2, any municipality, or any school district may by ordinance or resolution,
authorize an absentee ballot board. The boazd shall consist of a sufficient number of election judges appointed as
provided in sections 204B.19 to 204B.22.
Subd. 2. Duties. The absentee ballot boazd may do any of the following:
(a) Receive from each precinct in the municipality or school district all ballot envelopes marked "Accepted"
by the election judges; provided that the governing body of a municipality or the school boazd of a school district
•
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may authorize the boazd to examine all return absentee ballot envelopes and receive or reject absentee ballots in the
manner provided in section 203B.12;
• (b) Open and count the absentee ballots, tabulating the vote in a manner that indicates each vote of the
absentee voter and the total absentee vote cast for each candidate or question in each precinct; or
(c) Report the vote totals tabulated for each precinct.
The absentee ballot boazd may begin the process of examining the return envelopes and mazking them
"accepted" or "rejected" at any time during the 30 days before the election.
If an envelope has been rejected at least five days before the election, the ballots in the envelope must be
considered spoiled ballots and the official in charge of the absentee ballot boazd shall provide the voter with a
replacement absentee ballot and return envelope in place of the spoiled ballot. The secretary of state shall provide
samples of the replacement ballot and return envelope for use by the county auditor.
Subd 3. Compensation of members. The municipal clerk shall pay a reasonable compensation to each
member of the absentee ballot boazd for services rendered during each election.
Subd. 3a. Absentee voter list. If the election judges of an absentee ballot board aze authorized to receive,
examine, validate, and.count absentee ballots, the county auditor or municipal clerk shall prepare a list of all persons
who have applied for absentee ballots at the election and deliver it to the election judges of the absentee ballot boazd
along with the applications for absentee ballots. The polling place rosters must include an indicator for all persons
on the absentee voter list. The county auditor may provide a supplemental list for use by the election judges after
the polling place rosters have been prepazed. If a person on the absentee voter list appears in the polling place, the
election judges shall notify the election judges of the absentee ballot boazd. When notified by the precinct election
judges that the voter has voted in person, the election judges of the absentee ballot boazd shall make a notation on
the absentee voter list that the voter has voted and no absentee ballot may be counted for that voter.
Subd. 4. Applicable laws. Except as otherwise provided by this section, all of the laws applicable to absentee
ballots and absentee voters and all other provisions of the Minnesota election law shall apply to an absentee ballot
board.
History: 1981 c 29 art 3 s 13; 1981 c 185 s 3; 1986 c 444; 1987 c 266 art 1 s 19; 1989 c 291 art 1 s 7; 1990 c
585 s 23; 1991 c 320 s 2; 1997 c 147 s 22,23
• 203B.14 COUNTY AUDITOR OR MUNICIPAL CLERK MAY EMPLOY ADDITIONAL HELP.
Each county auditor and each municipal clerk may employ additional clerical assistance as necessary to
discharge the responsibilities imposed on the county auditor or municipal clerk as provided in this chapter.
History: 1981 c 29 art 3 s 14
203B.15 ADMII~TISTRATIVE EXPENSES.
Each county shall pay the expenses incurred by its county auditor and each municipality or school district
shall pay the expenses incurred by its clerk for administering the provisions of sections 203B.04 to 203B.15.
History: 1981 c 29 art 3 s I5; 1987 c 266 art 1 s 20
203B.16 ABSENT VOTERS IN THE MILITARY ~ ~ '
OR OUTSIDE THE UNITED STATES.
Subdivision 1. Military service; temporary residence outside United States. Sections 203B.16 to
203B.27 provide alternative voting procedures for eligible voters who are absent from the precinct where they
maintain residence because they are:
(1) either in the military or the spouses or dependents of individuals serving in the military; or
(2) temporarily outside the territorial limits of the United States.
Sections 203B.16 to 203B.27 aze intended to implement the federal Uniformed and Overseas Citizens
Absentee Voting Act, United States Code, title 42, section 1973ff.
Subd. 2. Permanent residence outside United States. Sections 203B.16 to 203B.27 provide the exclusive
voting procedure for United States citizens who are living permanently outside the territorial limits of the United
States who meet all the qualifications of an eligible voter except residence in Minnesota, but who aze authorized by
federal law to vote in Minnesota because they maintained residence in Minnesota for at least 20 days immediately
prior to their departure from the United States. Individuals described in this subdivision shall be permitted to vote
only for the offices of president, vice-president, senator in Congress, and representative in Congress.
Subd. 3. Duties of municipal clerk. The municipal clerk shall administer the duties of the county auditor in
• sections 203B.16 to 203B.27 for municipal elections not held on the same day as a state or county election.
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