Kittson and Roseau counties remedy ballot errors-- State Supreme Court approves both counties sending out new ballots

Kittson and Roseau county mail-in and absentee voters may have noticed some things missing from their November 8 general election ballots. Whether or not they sent in these incorrect ballots yet or not, these voters have the chance to fill out a new and corrected ballot thanks to a recent ruling from the Minnesota Supreme Court.

In an October 17 order from the state’s highest court, Kittson and Roseau counties were given the go ahead to print and mail new ballots to their mail-in and absentee voters.

This order came after the counties discovered the same ballots errors: not including the political party affiliation for both federal and state candidates, and not including the word “incumbent” next to the names of currently serving judicial candidates.

According to an affidavit from Kittson County Administrator/Auditor/Treasurer Brian E. Buhmann to the court, all the Kittson County ballots were printed by SeaChange Printing and Marketing Services. An October MPR News story titled, “2 Minnesota counties seek court order after receiving flawed ballots,” by Brian Bakst reported how Roseau counties ballots were printed by the same vender.

As of October 8, Kittson County had officially accepted 25 sealed, cast ballots— most of them being absentee. As of October 13, according to the MPR News story, Roseau county had received 124 ballots before the issue was realized.

Responding to both counties’ petitions on this issue, the court ruled that both correct the November 8 general election ballot to include the names of the political party or principle of each candidate running for partisan office, and the word “incumbent” next to any currently serving judge seeking election.

The court ordered that corrected ballots be made available to all voters who request an absentee ballot or participate in in-person absentee voting after October 17 and to those who vote in person on November 8. The court ordered Roseau County to make corrected ballots available to all voters who voted by mail.

As part of this order, the counties have to mail out corrected ballots to all voters who received an incorrect ballot but hadn’t yet returned a completed ballot as of October 17.

With this corrected ballot, the counties have to send out a letter that informs voters of the errors made on their original ballot and how they are receiving a corrected ballot. In this letter, the counties also have to notify these voters that county records show that they (the voters) haven’t returned a ballot. The letter also needs to include how if the voter hasn’t returned their original ballot, they should discard this ballot and vote on the replacement ballot for all offices. Finally, the letter also needs to provide county contact info if voters have any questions or desire additional info.

As for those absentee or mail-in voters who returned incorrect ballots, the counties have to also send them a letter that details the original ballot errors, how this letter is being sent by order of the state’s Supreme Court, and how records indicate that the voter has returned an incorrect ballot. This letter also has to notify the voter that he or she has the option to call the county to notify them to discard or “spoil” their original ballot and to request a corrected ballot.

For those voters who returned an incorrect ballot but choose to “spoil” their incorrect ballot, their incorrect ballot will not be counted and the replacement ballot they submit will be counted instead. For those voters who returned an incorrect ballot but choose not to “spoil” their incorrect ballot, all of their selections on this incorrect ballot will be copied onto a corrected replacement ballot that will be counted.

The court invited Secretary of State Steve Simon (DFL) to respond to both county petitions. He argued that the counties should send corrected ballots to all voters who received incorrect ballots and suggested that the counties send written instructions to these voters.

He also highlighted how those who hadn’t yet submitted a ballot be told to complete the replacement ballot and how those who had submitted an incorrect ballot be told of their option to “spoil” their incorrect ballot and receive a replacement one.

Running for US House of Representatives in Minnesota’s Seventh Congressional District, Travis Johnson (Legalize Marijuana Now) responded to both counties’ petitions.

He stated how sending multiple ballots to voters might erode voter confidence in election integrity. He instead suggested notifying voters who received incorrect ballots of the error on said ballots, providing them with the omitted info, and notifying them that they have the option to “spoil” their original ballot and cast a new one on a corrected ballot.