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State and Federal Election Law

State and Federal Election Law

Elections are highly regulated by state and federal laws. Expand the sections below to learn more.

 

The Secretary of State’s office works closely and promptly with county auditors, municipal clerks, county attorneys and local law enforcement officials around the state when possible violations of elections law are brought to our attention. We facilitate the investigation process, but under Minnesota law Minnesota Statutes, sections 201.27, 201.275, and 211B.16, county attorneys have the legal authority and jurisdiction to investigate possible election law violations. If you believe that election misconduct, discrimination, voter intimidation, or other irregularities have occurred, you can file a complaint with your county attorney’s office, which you can find via the Minnesota County Attorney’s Association website, but feel free to contact us if you have questions or need assistance.

To file a complaint:

 

The Help America Vote Act of 2002 (HAVA) is a federal law that reformed aspects of the United States election system regarding federal elections only. The law was prompted by voting issues that arose during the 2000 presidential election. A suspected violation of HAVA may relate to voting machine standards, including accessibility for persons with disabilities; required posting of voter information at a polling place; and voter registration requirements and processes. You can learn more about the law, and read its full text at the EAC website:

To file a HAVA complaint with the Office of the Minnesota Secretary of State:

  • Complete the Help America Vote Act (HAVA) Complaint Form.
  • Cite the part of Help America Vote Act (HAVA) Title III (Uniform and Nondiscriminatory Election Technology and Administration Requirements) you believe was violated. Choose from: Section 301 (Voting Machine Standards), 302 (Voting Information Requirements) or 303 (Statewide Voter Registration).
  • Have the form notarized (or signed by an election judge at the polling place on Election Day) and return it to the Office of the Minnesota Secretary of State.

 

The Minnesota Office of Administrative Hearings (OAH) is authorized to hear and decide complaints alleging violations of the Fair Campaign Practices and Finance Acts (Minnesota Statutes, Chapters 211A and 211B ). Some examples of complaints filed with the OAH might include allegations of false campaign materials, unauthorized campaign signs and pamphlets, improper inducements to vote, and prohibited political activities by corporations. These complaints are heard by a panel of three Administrative Law Judges who may dismiss the matter, issue a reprimand, impose a civil penalty of up to $5,000, and/or refer the complaint to a county attorney for criminal proceedings.

To file a complaint with the Office of Administrative Hearings:

 

 

The Minnesota Campaign Finance and Public Disclosure Board is responsible for enforcement of laws and rules related to candidates running for state constitutional offices, state legislators, and judges. Their jurisdiction covers campaign contributions, campaign expenditures, campaign fundraising practices, gifts to candidates and elected officials, as well as other aspects of campaign finance covered under Minnesota Statutes, Chapter 10A, and Minnesota Rules 4500-4525.

To file a complaint with the Minnesota Campaign Finance and Public Disclosure Board: