The city of Oak Grove is asking the Minnesota Supreme Court to intervene in a dispute over whether the city can use paper voting rosters in the 2026 general election.
The city filed a petition May 28 challenging what it says are efforts by Secretary of State Steve Simon and Anoka County election officials to prevent the city from using paper rosters.
According to a press release from the Upper Midwest Law Center, the petition asks the court to rule that Oak Grove has the authority under state law to use paper voter rosters.
“Oak Grove is not asking for special treatment,” Mayor Weston Rolf said. “We are asking state and county officials to respect the authority the law already gives cities. Our community made a decision to use paper rosters in our precincts, and local election administration should not be overridden by officials outside City Hall.”
Rosters are not ballots, according to the release. They are used to check in voters and record that they have voted before they receive a ballot.
According to the release, Oak Grove notified state and county officials of its decision, but those officials asserted that the county controls roster format for state and federal elections.
The petition alleges that county officials threatened city election personnel with criminal prosecution if they followed the direction of the city.
At a press conference May 28 at the Minnesota State Capitol, attorney Nicholas Nelson said the Oak Grove City Council had passed a resolution in favor of using paper rosters instead of electronic rosters. He framed the issue as one where the secretary of state and county were not cooperating with the city.
“Polling places in the city of Oak Grove are run by the city of Oak Grove,” Nelson said. “Just as is the case in every city in Minnesota. There is no reason why the county should step in and get to make decisions on just this one issue.”
Nelson said cities use the rosters within their own city limits, not counties, and should be the ones deciding whether to use paper or electronic rosters.
The city is asking for the case to be decided “well before” the 2026 election, Nelson said.
Douglas Seaton, president of the Upper Midwest Law Center, said the firm is not charging a fee and often takes cases for clients who struggle to find representation.
“That is occurring far more frequently than you might think for ideological reasons in Minnesota,” Seaton said. “So we have to stand ready for those who are being suppressed, are being discriminated against, (and) are having their speech stopped still by the authorities.”
Asked about the rationale for using paper rosters, Nelson said the city was focused on security, reliability and cost advantages. When asked if the concern was that an electronic system could be used for fraud, Nelson said the city knew people had those concerns, but that other cities might approach the issue differently.
Nelson said the city’s case is that Minnesota law has long said elections within city limits are run by cities.
“That’s not a revolution, right?” Nelson said. “It’s the secretary of state and Anoka County that are saying, this one little thing about what kind of roster you’re gonna use, that’s an exception to the way Minnesota’s always done it. Our argument is that, no it’s not … this works the same way that everything else is done in your polling place.”
Nelson said the hope is for a decision in late summer or early fall.
Oak Grove previously had a contract with Anoka County for several years under which the county handled election administration and chose electronic rosters. The city voted in 2024 to terminate that joint powers agreement, which led the county to assert that state statute gave it authority over whether rosters were electronic or paper.
Nelson said the city’s larger concern is reliability if the internet goes down or if there is an error. State law already requires a backup paper roster if that occurs, he said.
Nelson said the city will not pursue the same fight over the primary election.
In a follow-up interview, Nelson said the firm’s view of state statute is that the county’s head election official would be in charge for precincts that lack a city or township, but that within city limits, a city’s head election official would make the decision on whether to use paper or electronic rosters.
“The city would get to appoint who their head election official is,” Nelson said. “Cities do have these positions already, people who coordinate elections and run the logistics within city limits.”
The move would not affect mail-in voting, Nelson said.
The petition is a petition for correction of errors and omissions under Minnesota Statute section 204B.44.
Minnesota Statute section 201.225 says a county, municipality or school district may use electronic rosters for any election. The head election official within any of those bodies is allowed to designate that some or all precincts use electronic rosters.
Peter Bartz-Gallagher, writing on behalf of Simon’s office, said state law permits counties to choose what is right for their residents when administering a statewide election. He said the office does not advocate one way or another on the adoption of electronic rosters.
Anoka County Attorney Erik Thorson said that while the county could not comment on a petition it had not yet seen, it complies with all requirements of Minnesota law.
“The responsibility for interpreting and applying election statutes rests with the Secretary of State,” Thorson wrote. “Anoka County will continue to administer elections in accordance with state law and the guidance provided by the Secretary of State.”