Black, 101620 MNAGO, AGO 182

• Case Date: October 16, 2020
• Court: Minnesota

Bibi Black AGO 182 No. 182 Minnesota Attorney General Opinion State of Minnesota Office of The Attorney General October 16, 2020          Elections-Challengers: Challengers do not have any role or authority within the ballot-board process.          182 (cr ref 183)          Bibi Black          Office of the Secretary of State          180 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd.          St. Paul, MN 55155          Re: Request for Opinion Concerning Challengers in Ballot Board Proceedings          Dear Ms. Black:          I thank you for your October 5, 2020 letter requesting an opinion regarding an issue pertaining to Minnesota election statutes.          BACKGROUND          You note that Minnesotans are voting via absentee ballot in greater numbers in the 2020 election cycle than in previous cycles. You indicate that the question has arisen whether Minnesota law allows individuals to participate in the meetings of county and municipal ballot boards in a capacity that is analogous to polling-place challengers.          QUESTION          You request an opinion regarding whether challengers are allowed to participate in the meetings of absentee ballot boards and, if they are, what state law authorizes them to do.          LEGAL ANALYSIS          We answer your question in the negative. The duties and powers of ballot boards are defined by two sections in Minn. Stat. ch. 203B. See Minn. Stat. §§ 203B.121 (describing ballot-board authority and process pertaining to standard absentee balloting), .23 (describing ballot-board authority and process pertaining to military and overseas absentee balloting). Meanwhile, as you note, only a small number of provisions within the state’s election statutes regulate challengers. Specifically:

• Minn. Stat. § 204C.07 authorizes particular political parties, candidates, and campaigns to appoint individual voters “to act as challengers of voters at the polling place in each precinct.” Id. § 204C.07, subds. 1-3. The statute also

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