DEPARTMENT: Public Services and Revenue Administration
FILE TYPE: Regular Action
TITLE
title
Elections Update And Authorization To Execute Joint Powers Agreements To Serve As State Recount Official In Event Of State Or Federal Recounts In 2024 Elections
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PURPOSE/ACTION REQUESTED
Update on elections and authorize execution of joint powers agreements to act as recount official for state or federal offices for the 2024 State Primary and General Election.
SUMMARY
Minnesota Rules 8235.0200 provides that a recount official (the Secretary of State in this case) may designate the duty to conduct a recount to a County Auditor by mutual consent.
Delegation of recounts by the Secretary of State's Office allows recounts to be completed concurrently in the majority of counties. By distributing the recount to county election staff, delays in canvassing results are minimized, allowing (in the case of a primary election) programming of general election ballots to proceed in a timely manner. In the case of the general election, timely completion of a recount avoids possible delays in elected officials taking office.
In 2008, the County accepted designation as a Deputy Recount Official and assisted the Secretary of State's Office in conducting the recounts for the offices of Supreme Court Justice and U.S. Senator.
In 2010, the County accepted designation as Deputy Recount Official and assisted the Secretary of State's Office in conducting the recount for the Office of Governor.
The County accepted designation in 2012, 2014, 2016, 2018, 2020, and 2022 but no recounts were necessary.
The Secretary of State's Office has again asked Dakota County to accept designation as a Deputy Recount Official in the event it is needed for the purpose of recounting certain federal and state offices in the 2024 State Primary and General Election. The offices for which the State could delegate to the County are:
Federal Offices: U.S. Presidential Electors, U.S. Senator, U.S. Representative District 2
State Offices: State Representative, Districts 20A, 41B, 52A, 52B, 53A, 53B, 55A, 55B, 56A, 56B, 57A, 57B, 58A, 58B, 65B
MN Judicial Offices: Chief Justice of the Supreme Court; Associate Justice of the Supreme Court Seats 5 and 6; Court of Appeals Seats 2, 3, 4, 6, 8, 12, 14; First District Court Seats 6, 10, 14, 20, 24, 26, 29, 30, 31, 32, 33, 35
Per state law, Dakota County is already the Recount Official for State Representatives Districts 52A, 52B, 53A, 55B, 56A, 56B, and 57B because they are located entirely in Dakota County.
The County Attorney's Office has determined that these are joint powers agreements requiring approval by the Dakota County Board of Commissioners.
RECOMMENDATION
recommendation
Staff recommends that the Dakota County Board of Commissioners authorize the Director of Elections to enter into agreements with the Office of the Secretary of State to designate the Dakota County Director of Elections as a Deputy Recount Official for the 2024 State Primary and General Election.
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EXPLANATION OF FISCAL/FTE IMPACTS
The Secretary of State's Office will reimburse counties $.04 per ballot recounted. They have also committed to working with the counties if necessary to seek other compensation from the legislature if the reimbursement does not cover actual costs.
☐ None ☐ Current budget ☒ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, Dakota County has assisted the Secretary of State's Office by agreeing to accept designation as a Deputy Recount Official in 2008, 2010, 2012, 2014, 2016, 2018, 2020, and 2022; and
WHEREAS, recounts in State Primaries must be completed in a timely way to avoid delays in ballot preparation and absentee ballot delivery statewide for the State General Election; and
WHEREAS, recounts in State General Elections must also be completed in a timely way to avoid delays in elected officials from taking office; and
WHEREAS, the Office of the Secretary of State will reimburse counties $.04 per ballot handled in conducting these recounts.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Director of Elections to enter into joint powers agreements with the Office of the Secretary of State to serve as a Deputy Recount Official in the event a recount is needed for certain contests in the 2024 State Primary Election and the State General Election, subject to approval as to form by the County Attorney's Office.
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PREVIOUS BOARD ACTION
18-345; 6/19/18
20-373; 8/4/20
22-195; 5/3/22
ATTACHMENTS
Attachment: 2024 Primary Agreement
BOARD GOALS
☐ A Great Place to Live ☐ A Healthy Environment
☐ A Successful Place for Business and Jobs ☒ Excellence in Public Service
CONTACT
Department Head: Michelle Blue
Author: Michelle Blue