PER CURIAM.
On Wednesday, November 17, 2010, Tom Emmer, the Republican Party's candidate for Governor of Minnesota, filed a petition under Minn.Stat. § 204B.44 (2008), alleging that the Minnesota State Canvassing Board was about to commit an error in certifying the correctness of the results of the November 2, 2010, general election. Petitioner alleged that local election officials had failed to properly determine the number of ballots to be counted on election night and that, as a result, there may have been more ballots counted than there were voters who cast ballots. Petitioner asked the court to order the State Canvassing Board, prior to its certification of the 2010 election results for Governor of the State of Minnesota, to conduct a statewide determination of the number of persons voting on Election Day by counting signatures on the precinct polling rosters, and not voter's receipts. Petitioner contends that the number of signatures must be used to determine the proper number of ballots to count in accordance with Minn.Stat. § 204C.20, subd. 1 (2008). After expedited briefing, we heard oral argument on November 22, 2010.
This case involves the statutes that govern two processes that occur at the polling place on Election Day: the process by which voters obtain a ballot on which to
The second process is prescribed in Minn.Stat. § 204C.20, subd. 1. After the polls close on Election Day, that statute requires election judges in each precinct to determine the number of ballots to be counted based on either "the number of signed voter's certificates" or "the number of names entered in the election register." Id.
Minn.Stat. § 204C.20, subd. 1 (emphasis added). If there are more ballots in the ballot box than the number of ballots to be counted, subdivision 2 of section 204C.20 prescribes additional steps that election officials are to take. See Minn.Stat. § 204C.20, subd. 2 (2008). If, "after following these steps," there remains "an excess of properly marked ballots," one election judge is to remove ballots from the ballot box "without looking" until the number of ballots remaining in the ballot box agrees with the number of ballots to be counted. Id.
Petitioner asserts that local election officials did not perform the second process, determining the correct number of ballots
Petitioner's argument is premised on section 204C.20, subdivision 1. He contends that the statute clearly requires officials to count voter signatures because the statute refers to the number of "signed" voter's certificates and because, he asserts, the election register—specified in subdivision 1 as the other means of determining the number of ballots to be counted—is the predecessor of the present day signed polling place roster.
Petitioner's claim presents an issue of statutory interpretation—that is, whether either section 204C.20 or section 206.86, or both, allows only voter signatures on the polling place roster to be considered in determining the number of ballots to be counted. The object of all statutory interpretation is to ascertain and effectuate the intent of the Legislature. Minn.Stat. § 645.16 (2008). Our starting point is the language of the statutes. E.g., Middle-Snake-Tamarac Rivers Watershed Dist. v. Stengrim, 784 N.W.2d 834, 840 (Minn. 2010). If the language of the statutes is unambiguous, we do not look further to determine their meaning. Hutchinson Tech., Inc. v. Comm'r of Revenue, 698 N.W.2d 1, 8 (Minn.2005) ("We have repeatedly held that we must give effect to the plain meaning of statutory text when it is clear and unambiguous."). If the language is ambiguous, the Legislature has provided direction as to how its intent "may be ascertained." Minn.Stat. § 645.16. The first question then is whether the language of the statutes is ambiguous.
Petitioner argues that sections 204C.20 and 206.86 are not ambiguous, and that the plain language of the statutes unambiguously requires determination of the number of ballots to be counted based only on the number of voter signatures on polling place rosters. He further argues that the plain language of the statutes precludes local election officials from using voter's receipts to determine the number of ballots to be counted.
But, petitioner argues, the reference to "signed" voter's certificates in section 204C.20, subdivision 1, indicates the Legislature's intent that only documents signed by the voter may be considered in determining the number of ballots to be counted. The plain language of section 204C.20, subdivision 1, however, is not as limited as petitioner argues. In addition to referencing the number of signed voter's certificates, the statute also provides for counting "the number of names entered in the election register." Minn.Stat. § 204C.20, subd. 1. Likewise, section 206.86, subdivision 1, instructs election judges to compare the number of ballots to "the number of voters shown on the election register." Although it is no longer in use, the "election register," when it was used, was not signed by the voter. See, e.g., Minn.Stat. § 204A.295 (1978).
An examination of the process used when the election register system was in place demonstrates that that system did not involve voter signatures. The election register was a document used in precincts where there was no permanent voter registration system. Id., subd. 1. In the absence of permanent voter registration, a person who wished to vote in a particular election was required to first satisfy an election board that he was eligible to vote in the precinct. Id. If the applicant was eligible to vote at the precinct, an election judge wrote the voter's name, residence, and address of most recent prior registration in the election register and then handed the voter a ballot. Id., subd. 4. Beginning in 1978, an election register was therefore a list, prepared by election judges on election day, of the voters who had qualified to vote and received ballots in that precinct for that particular election. See id. This list did not contain signatures of voters. Because sections 204C.20 and 206.86, in their plain terms, allow election officials to count something other than signatures, specifically, names on the election register, petitioner's plain-language argument fails.
That the plain language of the statutes does not require that election officials count only voter signatures does not fully resolve the question presented here. This is so because the express language of the statutes also does not provide, as petitioner notes, for local election officials to count voter's receipts. As noted above, the express language of section 204C.20 provides for counting either the number of "signed voter's certificates" or the "number of names entered in the election register." The express language of section 206.86 similarly directs election judges to count the ballot cards to determine that their number does not exceed the number of voters shown on the "election register" or "registration file." But "voter's certificates," "election registers," and "registration files" are documents no longer used at the polling place in Minnesota elections. The statutes that previously prescribed the use of those documents in the processes by which voters obtained ballots at the polls have been repealed or amended, and the current statute, section 204C.10, establishes a process that instead uses polling place rosters and voter's receipts. Accordingly, neither section 204C.20, subdivision
We must, therefore, attempt to determine how the Legislature intends election officials to determine the number of ballots to be counted in light of the obsolete, and therefore ambiguous, language of sections 204C.20 and 206.86. In determining the intent of the Legislature, "[w]hen the words of a law are not explicit," the Legislature has stated that we may consider, among other things, "the occasion and necessity for the law," "the object to be attained," "the former law, if any, including other laws upon the same or similar subjects," and "administrative interpretations of the statute." Minn.Stat. § 645.16(1), (4), (5), (8).
With respect to "the occasion and necessity for the law" and "the object to be attained" by the law, the operative provisions of the statutes direct local election officials to determine the proper number of ballots to be counted. See Minn.Stat. §§ 204C.20, subds. 1, 2, and 206.86, subd. 1. Because the law requires that the determination be made before the ballots are counted, the legislative intent appears to be to design a process that would guard against more ballots being counted than eligible voters voting. Petitioner has not shown how counting voter's receipts, which are given only to voters after they have signed the polling place roster and which constitute "proof of the voter's right to vote," Minn.Stat. § 204C.10(c), is inconsistent with this legislative intent.
Rather than indicating intent to rely exclusively on voter signatures, relevant former law demonstrates legislative intent to permit reliance, as well, on documentation created by election judges of the voters' eligibility to vote and receipt of a ballot. The election laws for many years permitted reliance on either the election register or the registration file.
As described above, in precincts without permanent voter registration, after the voter had demonstrated his eligibility to vote, an election judge entered the voter's name on the election register. The voter's name on the register served both as the proof of eligibility to vote and the record that the voter had voted.
Precincts with a permanent voter registration system used a registration file to document eligibility to vote. The registration file was composed of a registration card for each voter registered in the precinct. In order to vote, the voter was
In 1977, the Legislature amended the predecessor of section 204C.20, subdivision 1, by eliminating use of the registration file in determining the number of ballots to be counted and adding the option to use the "number of signed voter's certificates," while retaining the existing language that allowed reference to the election register. Act of May 18, 1977, ch. 91, § 4, 1977 Minn. Laws 164, 165-66 (amending Minn. Stat. § 204A.41, subd. 1). As a result of this amendment, in precincts with permanent registration, election judges could count slips of paper—the voter's certificates—that were exchanged for a ballot "as proof of his right to vote," Minn.Stat. § 204A.29, subd. 2 (1978), instead of counting individual voter registration cards that had been marked to indicate "the fact of voting," as was previously done.
In 1990, as part of the statutory changes that required the Secretary of State to implement a computerized statewide voter registration system, the Legislature discontinued use of the registration card system and the associated voter's certificates. See Act of May 3, 1990, ch. 585, §§ 16, 27, 1990 Minn. Laws 2208, 2215-16, 2221 (amending Minn.Stat. §§ 201.221 and 204C.10). The new statutory process, applicable in all precincts and still in effect today, requires prospective voters to sign a "polling place roster" that contains the names of voters registered in the precinct. Minn.Stat. § 204C.10 (2008). Once the election judge determines that the voter is eligible to vote, the voter is given a receipt, which serves as proof of the right to vote and is exchanged for a ballot. Id. In other words, the voter's receipt is the evidence provided by the election judge that the voter is qualified to vote.
Petitioner focuses his argument on the fact that, when in use, voter's certificates had to be signed. But it is significant that, when it was in use, the voter's certificate served two functions. It served as a repository of the voter's signature, as emphasized by petitioner. In addition, when returned to the voter by an election judge, the voter's certificate provided proof of the right to vote to the election judge in charge of distributing ballots. E.g., Minn. Stat. § 204A.29, subd. 2 (1978). Under the current procedure, the polling place roster serves the first function, as a repository of the voter's signature. It is the voter's receipt that now serves the second function: when given to the voter by an election judge, the receipt serves as proof of the right to vote that can be exchanged for a ballot. Minn.Stat. § 204C.10 (2008). In this respect, the voter's receipt serves the same legislative purpose that the voter's certificate previously served.
In summary, Minnesota's election laws have not relied exclusively on documents signed by voters to determine the number of ballots to be counted in the election. Instead, the Legislature has consistently
The final factor the Legislature has authorized us to consider in ascertaining legislative intent is "legislative and administrative interpretations of the statute." Minn.Stat. § 645.16(8). With respect to this factor, respondents Secretary of State and county election officials rely on an administrative rule promulgated by the Secretary of State as authority for the option to use either the number of voter's receipts or the number of names signed on the polling place roster in determining the number of ballots to be counted. The rule, Minn. R. 8200.9300, subp. 10 (2009), provides:
A version of this rule authorizing use of voter's receipts in this process has been in place since 1982. See 1 MCAR § 2.1005(I) (1982) (providing that election judges could determine the number of ballots to be counted using "the number of voter's receipts issued pursuant to Minn.Stat. [§] 204C.10, subd. 2 or ... the number of names signed on the precinct election lists").
Petitioner argues that the rule is invalid because it is beyond the rulemaking authority of the Secretary of State and because in allowing the use of voter's receipts it is contrary to the express language of section 204C.20, subd. 1. Because we find that counting voter's receipts is consistent with legislative intent, petitioner's second argument, that the rule is contrary to the express language of the statute, necessarily fails.
Our review of the purpose of the statutes, relevant prior legislation, and the longstanding administrative interpretation establishes that the Legislature intends the processes prescribed by Minn.Stat. § 204C.20, subd. 1, and Minn.Stat. § 206.86, subd. 1, to be based on either the number of signatures on polling place rosters, or on the number of voter's receipts. Because we conclude that the practice petitioner claims is in error, that is, determining the number of ballots to be counted on election night by counting the number of voter's receipts, is permissible under both Minn.Stat. § 204C.20 and Minn.Stat. § 206.86, we hold that petitioner has not demonstrated any "wrongful act, omission, or error" that provides a basis for relief under Minn.Stat. § 204B.44. The petition must therefore be denied.
Petition denied.
ANDERSON, PAUL H., and STRAS, JJ., took no part in the consideration or decision of this matter.
Moreover, other provisions of our election laws continue to refer to and rely on the process of determining the number of ballots to be counted, indicating legislative intent that the process remain effective. For example, section 206.86, subdivision 1, incorporates the process for removal of excess ballots created in section 204C.20, subdivision 2, which is dependent on determination of the correct number of ballots to be counted. See Minn.Stat. § 206.86, subd. 1 (requiring the county auditor or municipal clerk to process excess ballots "in the same manner as paper ballots are processed in section 204C.20, subdivision 2"). Notably, section 206.86, subdivision 1, which includes this cross-reference and also specifies the process to be used in precincts in which an electronic voting system is used, has been reenacted, with minor amendments, as recently as 1999. Act of May 7, 1999, ch. 132, § 38, 1999 Minn. Laws 530, 542 (amending Minn.Stat. § 206.86, subd. 1). Even more recently, during the 2010 legislative session, the Legislature indicated its intent that precincts continue to determine the number of ballots to be counted, by amending Minn.Stat. § 204C.24, subd. 1 (2008), to add the requirement that the report of the number of individuals who voted at the election "equal the total number of ballots cast in the precinct, as required by sections 204C.20 and 206.86, subdivision 1." Act of April 1, 2010, ch. 201, § 40, 2010 Minn. Laws 172, 190 (emphasis added). Where the Legislature has recently incorporated a reference to a statute, we cannot conclude that the Legislature intended the referenced statute to have been repealed or rendered ineffective. We decline to deem Minn.Stat. §§ 204C.20 and 206.86 repealed by implication.