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The Minnesota Supreme Court has held that the ability of an absentee voter to cast their ballot by mail is a privilege, not a right. Bell v. Gannaway, 227 N.W.2d 797, 802 (Minn. 1975). Since it is a privilege granted by the state legislature, the legislature may mandate the conditions and procedures for such voting in order to preserve the enfranchisement of qualified voters and of the secrecy of the ballot, the prevention of fraud, and the achievement of a reasonably prompt determination of the result of the election, which have been vital considerations in the development of absentee voting legislation. Id.
As stated by the Minnesota Supreme Court in Wichelmann v. City of Glencoe, 273 N.W. 638, 639 (Minn. 1937):
“The purpose of an election is to ascertain the will of the electorate. In order to secure a full and complete expression of the popular will, it is necessary not only that all voters who are qualified be permitted to vote, but also that only those who are entitled to vote be permitted to do so, and that a proper count and return be made. Laws relating to the registration of voters, secrecy of the ballot, and counting and returning the results of elections are designed to give the fullest expression to the will of the electorate at the polls and at the same time prevent illegal voting, frauds, and dishonesty in elections which frequently have defeated the will of the voters. The general election law provides that voting shall be by ballot in person in the regular polling places in the election districts. The absent voters law provides a way for voting by mail in cases in which the voters are absent from the district or are physically unable to go to the polls in person.
“The lawmaking power, being fully cognizant of the possibilities of illegal voting, frauds, and dishonesty in elections, prescribed many safeguards in the absent voters law to prevent such abuses. While the purpose of the statute is to extend the privilege of voting, its provisions clearly indicate an intention not to let down the bars necessary for honest elections. Absentee voting is an exception to the general rule and is in the nature of a special right or privilege which enables the absentee voter to exercise his right to vote in a manner not enjoyed by voters generally. By the terms of the statute it is purely optional with the absentee voters whether they shall exercise the rights and privileges conferred upon them. If an elector decides to exercise the privilege of absentee voting, he can register and vote, by the terms of the law, only 'by complying with the provisions' thereof.”
As a result, and in order to preserve the purity and integrity of elections, all of the substantial requirements of the absentee voter statutes must be held as mandatory, and those voters who vote under these provision must be held to strict compliance therewith. Bell, 227 N.W.2d at 803. This includes casting a properly witnessed ballot. If an absentee or mail voter fails to comply with the standards set out by the legislature, their vote is to be rejected. Wichelmann, 273 N.W. at 640. The outcome of an election should rest upon ballots received according to law and should not be determined by illegal votes. Johnson v. Trnka, 154 N.W.2d 185, 187 (Minn. 1967).