2005 Minnesota Statutes - 209.12 — Congressional office.

  209.12 Congressional office. 


    When a contest relates to the office of senator or a member 
 of the house of representatives of the United States, the only 
 question to be decided by the court is which party to the 
 contest received the highest number of votes legally cast at the 
 election and is therefore entitled to receive the certificate of 
 election.  The judge trying the proceedings shall make findings 
 of fact and conclusions of law upon that question.  Evidence on 
 any other points specified in the notice of contest, including 
 but not limited to the question of the right of any person to 
 nomination or office on the ground of deliberate, serious, and 
 material violation of the provisions of the Minnesota Election 
 Law, must be taken and preserved by the judge trying the 
 contest, or by some person appointed by the judge for that 
 purpose; but the judge shall make no findings or conclusion on 
 those points.  


    After the time for appeal has expired, or in case of an 
 appeal, after the final judicial determination of the contest, 
 upon application of either party to the contest, the court 
 administrator of the district court shall promptly certify and 
 forward the files and records of the proceedings, with all the 
 evidence taken, to the presiding officer of the Senate or the 
 House of Representatives of the United States.  The court 
 administrator shall endorse on the transmittal envelope or 
 container the name of the case and the name of the party in 
 whose behalf the proceedings were held, and shall sign the 
 endorsement.  


    HIST: 1963 c 682 s 2; 1986 c 408 s 12; 1986 c 444; 1Sp1986 c 3 
 art 1 s 82