Law Commons^™

Anticipating An Evil Which May Never Exist: Minnesota's Anachronistic Identifying Mark Statute, Michael Freiberg

Faculty Scholarship

In the aftermath of the 2008 senatorial election race in Minnesota, several election laws were scrutinized by state officials and the public. Specifically, Minnesota statute 204C.22 was attacked; this statute voids ballots containing "identifying" or "distinguishing" marks made in such a way as to make it evident that "the voter intended to identify the ballot". Secretary of State Ritchie proposed narrowing the scope of the identifying mark statutes, and though legislation was introduced in the state legislature, it was not adopted. The existence of these legislative initiatives makes it appropriate to examine the history of statutes prohibiting identifying marks, the …