4.8 SR 05-06-2024The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
4.8
Meeting Date
May 6, 2024
Prepared By
Tina Allard, City Clerk
Item Description
Resolution 24-21 Governing Write-in Vote
Counting
Reviewed by:
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, Resolution 24-21 governing write-in vote counting.
Background/Discussion
During the 2023 legislative session, there were numerous changes in election laws. One change the city can
make is to adopt a resolution governing the counting of write-in votes for city races on the ballot. The
resolution may:
▪ Require a candidate to file a written request no later than the seventh day before a city election if a
candidate wants their vote individually recorded; or
▪ Require that write-in votes for a candidate will only be tallied if the total number of write-in votes for
that office is equal to or greater than the fewest number of non-write-in votes for a ballot candidate.
Additionally, new in law, in order for a write-in to be valid and counted, it now must be marked in the oval
opposite the blank where a voter writes an individual's name.
To take effect, the resolution must be adopted before the first day of filing for office. Once adopted, it will
remain in effect until reversed by a subsequent resolution.
Because the write-in vote-counting process can be time-consuming and requires resources that do not result
in a change of the election results, along with receiving many frivolous names on the ballot, staff recommends
adopting a resolution that the write-in votes will only be tallied if the total number of write-in votes for that
office is equal to or greater than the fewest number of non-write-in votes for a ballot candidate.
Here are some examples that show what this adopted resolution would look like in a few scenarios.
Scenario 1 Write-in Count Required
Total Votes in a Council Member Race 126
Candidate A 75
Candidate B 25
Total Write-in Votes 26
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Scenario 2 Write-in Count NOT Required
Total Votes in a Council Member Race 126
Candidate A 75
Candidate B 26
Total Write-in Votes 25
Scenario 3 Write-in Count Required
Total Votes in a Council Member Race 126
Candidate A 60
Total Write-in Votes 66
Financial Impact
N/A
Mission/Policy/Goal
N/A
Attachments
1. Resolution
Page 76 of 254
City of Elk River
City Council
Resolution 24-____
A Resolution of the City Council of the City of Elk River Governing Write-in
Vote Counting
WHEREAS,Minnesota Statute §204B.09, subdivision 3 authorizes a city to adopt a
resolution for the counting of write-in votes;
WHEREAS,a city that adopts a resolution must do so before the first day of filing for
office;
WHEREAS,city election officials spend considerable time and resources to count and
individually record write-in votes cast, many of which are frivolous; and
WHEREAS,in order to save city time and resources, it is in the best interest of the City of
Elk River to have restrictions on the counting of write-in votes consistent with the
provisions of Minnesota Statute §204B.09, subdivision 3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows: Votes for write-in candidates will only be individually
recorded if the total number of write-in votes for that office is equal to or greater than the
fewest number of non-write-in votes for a ballot candidate for that office.
BE IT FURTHER RESOLVED that pursuant to Minnesota Statute §204B.09,
subdivision 3, this resolution shall remain in effect until a subsequent resolution on the same
subject is adopted by the city.
Passed and adopted this 6th day of May 2024.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Page 77 of 254