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September 9, 2016

STATE OF MINNESOTA
IN SUPREME COURT
No. A16-1252
Tamara Monaghen,
Petitioner,
AFFIDAVIT OF GARY POSER

vs.
Steve Simon, Minnesota Secretary of
State,
Respondent.

Gary Poser, being first duly sworn, deposes and says the following:
1.

I am Director of Elections for the State of Minnesota in the Elections

Division of the Office of the Secretary of State. I have held this position since January
2007. I also have extensive prior experience in election administration, having served as
the supervisor responsible for elections in Washington County from 1988 to 1995, as the
supervisor responsible for elections in Anoka County from 1995 to 2005, and with the
Hennepin County Elections Division in 2006 before assuming my current position.
2.

My current duties include supervising all election administration duties of

the Office of the Secretary of State. In my past positions, my duties included overseeing
elections in Washington County and Anoka County.
3.

As a result of my current position and previous county positions, I am

familiar with the steps entailed in preparing ballots and distributing absentee ballots.

Black Aff. Exhibit 1 p. 1

4.

I submit this affidavit in response to the Courts August 5, 2016 order

directing Respondent Secretary of State Steve Simon to respond to Petitioner Tamara


Monaghens submissions.
5.

Section 204.32, subdivision 2, of the Minnesota Statutes requires the State

Canvassing Board to meet on August 16, 2016. After the board declares the results, the
same subdivision requires the Secretary of State to immediately certify the names of
nominees to the county auditors, so that they may proceed with preparing the ballots for
the general election. Under Minn. Stat. 203B.081, subd. 1, absentee voting is allowed
during the 46 days before the general election. In 2016, the 46-day deadline falls on
Friday, September 23, 2016. As of that date, ballots must be available for voting in
person at county auditors offices and must be mailed to voters whose absentee-ballot
applications were received on or before that date.
6.

Federal law provides the same September 23 deadline for transmitting

absentee voters to military and overseas voters.1 States or local jurisdictions that fail to
transmit ballots to military and oversea voters by this deadline are subject to being sued
by the U.S. Department of Justice to ensure that these voters have sufficient time to
participate in the federal election.
7.

State general election ballots are prepared by the auditors of the 87

Minnesota counties. Each county has its own contracts and agreements with its ballot

The federal deadline falls on Saturday, September 24. See 42 U.S.C. 1973ff-1(a)(8)
(2012) (setting deadline 45 days before election). To meet the Saturday deadline, county
offices that have standard Monday through Friday business hours are required to transmit
the ballots on Friday, September 23.
2

Black Aff. Exhibit 1 p. 2

Black Aff. Exhibit 1 p. 3