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Klaralven

(7,510 posts)
8. Apparently yes.
Thu Oct 29, 2020, 07:09 PM
Oct 2020

2019 Minnesota Statutes
203B.08 MARKING AND RETURN OF ABSENTEE BALLOTS.

Subd. 3.Procedures on receipt of ballots. When absentee ballots are returned to a county auditor or municipal clerk, that official shall stamp or initial and date the return envelope and place it in a secure location with other return envelopes received by that office. Within five days after receipt, the county auditor or municipal clerk shall deliver to the ballot board all ballots received, except that during the 14 days immediately preceding an election, the county auditor or municipal clerk shall deliver all ballots received to the ballot board within three days. Ballots received on election day either (1) after 3:00 p.m., if delivered in person; or (2) after 8:00 p.m., if delivered by mail or a package delivery service, shall be marked as received late by the county auditor or municipal clerk, and must not be delivered to the ballot board.

https://www.revisor.mn.gov/statutes/cite/203B.08

There is a following subdivision:
"Subd. 4.Rules. The secretary of state shall adopt rules establishing procedures to be followed by county auditors and municipal clerks to assure accurate and timely return of absentee ballots. The rules of the secretary of state may authorize procedures and methods of return in addition to those specified in this section."

I guess that the court is interpreting "in addition to" to not mean that the SoS can change anything specified in the law.

The Appeals Court decision is at https://www.documentcloud.org/documents/7278436-8th-Circuit-Court-of-Appeals-MN-absentee-ballot.html

Latest Discussions»General Discussion»Court in Minnesota ruled ...»Reply #8