2005 Minnesota Statutes - 204B.44 — Errors and omissions; remedy.

     204B.44 Errors and omissions; remedy. 


    Any individual may file a petition in the manner provided 
 in this section for the correction of any of the following 
 errors, omissions or wrongful acts which have occurred or are 
 about to occur:  


    (a) An error or omission in the placement or printing of 
 the name or description of any candidate or any question on any 
 official ballot; 


    (b) Any other error in preparing or printing any official 
 ballot; 


    (c) Failure of the chair or secretary of the proper 
 committee of a major political party to execute or file a 
 certificate of nomination; 


    (d) Any wrongful act, omission, or error of any election 
 judge, municipal clerk, county auditor, canvassing board or any 
 of its members, the secretary of state, or any other individual 
 charged with any duty concerning an election.  


    The petition shall describe the error, omission or wrongful 
 act and the correction sought by the petitioner.  The petition 
 shall be filed with any judge of the Supreme Court in the case 
 of an election for state or federal office or any judge of the 
 district court in that county in the case of an election for 
 county, municipal, or school district office.  The petitioner 
 shall serve a copy of the petition on the officer, board or 
 individual charged with the error, omission or wrongful act, and 
 on any other party as required by the court.  Upon receipt of 
 the petition the court shall immediately set a time for a 
 hearing on the matter and order the officer, board or individual 
 charged with the error, omission or wrongful act to correct the 
 error or wrongful act or perform the duty or show cause for not 
 doing so.  The court shall issue its findings and a final order 
 for appropriate relief as soon as possible after the hearing.  
 Failure to obey the order is contempt of court.  


    HIST: 1981 c 29 art 4 s 44; 1986 c 444; 1990 c 453 s 6