Ministerial?
Which part of election is NOT ministerial?
Who is legitimately responsible?
https://www.sos.state.mn.us/media/5067/minnesota-election-laws-statutes-and-rules.pdf
Search below for “ministerial”
Black’s Law definition for ministerial: no independent thought or discretion
Also watch out for felony charge if you don’t perform your ministerial duty…
NOTES AND DECISIONS
204C.24
The function of canvassing election returns is ministerial, and it entails review only of the precinct summary statements of returns, not examination of
actual ballots. Coleman v. Ritchie, 759 N.W.2d 47 (Minn. 2009).
NOTES AND DECISIONS
204C.32
State canvassing board may be directed to reconvene to correct error. Haroldson v. Norman, 146 Minn. 426, 178 N.W. 1003 (1920).
Function of canvassing boards is ministerial. Taylor v. Taylor, 10 Minn. 107, Gil. 81 (1865).
NOTES AND DECISIONS
204C.33
Action brought by presidential elector against Minnesota’s Uniform Faithful Presidential Electors Act did not fall within mootness exception for cases
capable of repetition yet evading review because elector waited until three weeks after claim arose to file, leaving just over two weeks for definitive
expiration of his claim on date Congress counted elector votes. Abdurrahman v. Dayton, 903 F.3d 813 (8 th Cir. 2018).
The function of canvassing election returns is ministerial, and it entails review only of the precinct summary statements of returns, not examination of
actual ballots. Coleman v. Ritchie, 759 N.W.2d 47 (Minn. 2009).
Although county canvassing board could not be reconvened under former M.S. 204A.515, if obvious error will thereby be corrected, fact that reconvened
is but a technical irregularity. Application of Anderson, 264 Minn. 257, 119 N.W. 2d 1 (1962). But see M.S. 204C.38.
State canvassing board may be directed to reconvene to correct error. Haroldson v. Norman, 146 Minn. 426, 178 N.W. 1003 (1920).
Court has jurisdiction to review whether constitutional amendment was legally adopted. In re McConaughy, 106 Minn. 392, 119 N.W. 408 (1909).
Function of canvassing boards is ministerial. Taylor v. Taylor, 10 Minn. 107, Gil. 81 (1865).
Canvassing board does not determine whether write-in candidate has qualifications for position. Op. Atty. Gen. 339E, December 3, 1962.
Only the county canvassing board canvasses returns for statewide office and forwards results of said canvass to secretary of state. Op. Atty. Gen. 183E,
November 15, 1962.
County canvassing board may not open ballot boxes and inspect each paper ballot except after notice to candidates. Op. Atty. Gen. 183C, November 12,
1962.
County canvassing board must inspect the registering counter or other mechanical device on each voting machine used and compare the numbers with
those reported by the election officials. Op. Atty. Gen. 183C, November 8, 1962.
When the county auditor inadvertently fails to include the congressional candidates’ names on the primary ballot, the county canvassing board should
perform their duties in the routine manner as provided in this section. Op. Atty. Gen. 183B, September 13, 1962.
Secretary of state has no statutory authority to withhold certificate of election of representative in congress, but Congress may have authority to direct
that procedure be held in abeyance. Op. Atty. Gen. 185B-1, December 4, 1958.
The duties of canvassing board as provided by Minnesota statutes are purely ministerial. Such a board may not determine that the death of a party
nominee results in the nomination of the party candidate receiving the next highest number of votes. Op. Atty. Gen. 28B-1, September 22, 1948.