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204B.41 Vacancy in nomination; changing ballots.

When a vacancy in nomination occurs through the death or catastrophic illness of a candidate after the 16th day before the general election, the officer in charge of preparing the ballots shall prepare and distribute a sufficient number of separate paper ballots which shall be headed with the words "OFFICIAL SUPPLEMENTAL BALLOT." This ballot shall contain the title of the office for which the vacancy in nomination has been filled and the names of all the candidates nominated for that office. The ballot shall conform to the provisions governing the printing of other official ballots as far as practicable. The title of the office and the names of the candidates for that office shall be blotted out or stricken from the regular ballots by the election judges. The official supplemental ballot shall be given to each voter when the voter is given the regular ballot or is directed to the voting machine. Regular ballots shall not be changed nor shall official supplemental ballots be prepared as provided in this section during the three calendar days before an election. Absentee ballots that have been mailed prior to the preparation of official supplemental ballots shall be counted in the same manner as if the vacancy had not occurred. Official supplemental ballots shall not be mailed to absent voters to whom ballots were mailed before the official supplemental ballots were prepared.

HIST: 1981 c 29 art 4 s 41; 1986 c 444; 1991 c 320 s 13

http://www.revisor.leg.state.mn.us/st02/204B/41.html

Since when did law matter regarding elections?

(quoting MN Stat 204B.41)
Official supplemental ballots shall not be mailed to absent voters to whom ballots were mailed before the official supplemental ballots were prepared.

Speaking of ballots not being mailed...I have heard about (I think) county clerks in Hennepin, Ramsey and maybe two other counties possibly sending out either replacement or supplimental ballots to those who have already sent in absentee ballots even before the DFL got their official nomination into the Secy. of State.

204B.41 Vacancy in nomination; changing ballots.

Gee--I don't know--the law seems so unclear on the matter of absentee ballots < /sarcasm >

Thank you, again. It seems clear enough to me, but I'm not a Demonrat lawyer. I pray that the justices see through this scam and don't rewrite MN law.

Thank you for the statute. What is the statute governing what is an official nominee? Can a party nominate an alternative without a public vote?

Thank you for posting the applicable Minnesota law. That makes it clear that in Minnesota, as in New Jersey and Hawaii, the Democrats are asking the Supreme Court of the state to rewrite the election laws, contrary to how the legislature wrote them before the election began.
The New Jersey SC DID rewrite their state's election laws, which was a violation of the US Constitution. The Hawaii SC, to its credit, refused two different requests by the Democrats to rewrite its election laws. Now the Democrats are playing the same game in Minnesota.
IMHO, any decision other than counting the absentee ballots (including the military ones) exactly as they were cast, will violate Minnesota law and thereby violate the US Constitution. (Recall that the Constitution gives power over the election laws of the states ONLY to "the legislatures of the states," not to the courts of the states.)
If the Minnesota Court is honest and respects the law, they will refuse the request to throw out the previously cast absentee ballots. (Every vote on such ballots should count, except for any Wellstone votes -- because in Minnesota, unlike Hawaii and Missouri, the dead candidate is automatically removed from the ballot.)
In the event that the Minnesota SC grants relief to the Democrats, this case should be brought to the US Supreme Court to be consolidated with the Torricelli case that is still there, and still live, for a decision in due course after the election.

Congressman Billybob

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