KSTP-TV v. Ramsey County
806 N.W.2d 785
Minn.2011Background
- This appeal concerns whether sealed absentee ballots that were rejected and not counted in the 2008 U.S. Senate election are public data under the Minnesota Government Data Practices Act (MGDPA).
- KSTP-TV, KSTC-TV, WDIO-TV, KAAL-TV, and KSAX-TV sought access to these ballots as public data; Ramsey County denied citing § 13.37, subd. 2 (private/nonpublic data).
- The stations had won at trial, but the court of appeals reversed, holding § 13.37, subd. 2 unambiguously classifies sealed ballots as not public data.
- The 2008 election involved procedures for absentee ballots: ballots are placed in a ballot security envelope, then a ballot return envelope, with judges marking envelopes as Accepted or Rejected and returning rejected ballots unopened.
- The ballots at issue were sealed inside ballot return envelopes, marked Rejected by at least two election judges, and never opened by an election judge before being returned to Ramsey County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unopened sealed absentee ballots are public data under the MGDPA. | Stations contend § 13.37, subd. 2 is ambiguous and should allow public access. | Ramsey County and the County argue ballots are not public data (private or nonpublic). | No; unopened sealed ballots are not public data. |
| Plain-language interpretation of 'sealed absentee ballots prior to opening by an election judge'. | Sealed ballots could be separated from envelopes to become public. | Statutes and procedures require preserving the not-public classification; separation is inappropriate. | The phrase unambiguously refers to ballots sealed within a ballot return envelope not opened by a judge. |
Key Cases Cited
- Sheehan v. Franken (In re Contest of Gen. Election Held on Nov. J, 2008, for the Purpose of Electing a U.S. Senator from the State of Minn.), 767 N.W.2d 453 (Minn. 2009) (context for recount and ballot review)
- Coleman II v. Ritchie, 762 N.W.2d 218 (Minn. 2009) (absentee ballot review procedures; opened ballots later counted)
- Coleman I v. Ritchie, 758 N.W.2d 306 (Minn. 2008) (order directing procedure for reviewing rejected sealed ballots)
- ILHC of Eagan, LLC v. County of Dakota, 693 N.W.2d 412 (Minn. 2005) (statutory construction and plain-language interpretation)
- In re 2010 Gubernatorial Election, 793 N.W.2d 256 (Minn. 2010) (statutory interpretation guiding election-data access)