Page:Kistner v. Simon (A20-1486) (2020) Order.pdf/5

 reviews. See Minn. Stat. § 206.89, subds. 1–2, 3. Consistent with this statutory duty, petitioners alleged in connection with their challenges to these reviews that wrongful acts and errors were committed by “county officials.” Thus, by their own allegations and under the plain language of section 204B.44(b), petitioners were required to serve county election officials with a copy of the petition. Serving the Secretary of State, alone, does not suffice. At the very least, petitioners should have served the petition on the specific county officials named in their petition and supporting affidavits. These election officials, not the Secretary of State, have direct knowledge of the facts regarding the postelection reviews conducted after the November 3 election and, thus, are in the best position to respond to the allegations in the petition.

We directed petitioners to ensure that the petition was served in compliance with Minn. Stat. § 204B.44. They did not file proof that shows any county election officials were served with the petition. Thus, Count III must be dismissed.

Based upon all the files, records, and proceedings herein,

IT IS HEREBY ORDERED that the petition filed on November 24, 2020, be and the same is, dismissed.

Dated: December 4, 2020

CHUTICH, THISSEN, and MOORE, III, JJ., took no part in the consideration or decision of this matter.

DIETZEN, Acting Justice, appointed pursuant to Minn. Const. art. VI, § 2, and Minn. Stat. § 2.724, subd. 2 (2018).