Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
209.12 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
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.
History: 1963 c 682 s 2; 1986 c 408 s 12; 1986 c 444; 1Sp1986 c 3 art 1 s 82
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.
History: 1963 c 682 s 2; 1986 c 408 s 12; 1986 c 444; 1Sp1986 c 3 art 1 s 82
Official Publication of the State of Minnesota
Revisor of Statutes