Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Challenging right to vote.
A.
The right of any employee to vote at an election under part
5505.1000 may be challenged by:
(1) any authorized challenger under part
5505.1000, subpart 2; or
(2) an employee entitled to vote at the
election.
B. The
individual making the challenge must state fully the grounds for the challenge,
and a record of the challenge must be made by the agent conducting the
election.
C. After making a record,
the agent must:
(1) examine the challenged
employee as to the employees qualifications for voting; and
(2) make a record of the
examination.
Subp.
2.
Challenge not withdrawn.
A. If the challenge is not withdrawn, and the
challenged employee insists on voting, the employee must be permitted to vote
upon filing with the agent a statement in writing, signed by the employee and
witnessed by the agent, alleging eligibility to vote and describing the
employees qualifications.
B.
Ballots received under this subpart must not be marked or otherwise
distinguished from nonchallenged ballots.
Subp. 3.
Sending record of challenges
to commissioner.
The agent conducting the election must send the record of all
challenges to the commissioner with the tally sheet and election
results.
Subp. 4.
Holding hearing on challenges.
If the commissioner determines that the number of challenged
votes is sufficient to have affected the election results, the commissioner
must hold a hearing under this chapter after notice to:
A. all challenged voters;
B. persons or organizations voted upon as
representatives; and
C. other
parties, if any, to whom notice of the election was given.
Subp. 5.
Declaring election
void.
A. At the hearing under subpart
4, the commissioner must determine whether:
(1) the respective challenged voters were
eligible to vote; and
(2) the
election results might have been affected by votes cast by ineligible
voters.
B. If the
commissioner determines that the election results might have been affected by
votes cast by ineligible voters, the commissioner must declare the election
void.
Statutory Authority: MS s
179A.04
