Minnesota Legislature
HF 1454
as introduced - 87th Legislature (2011 - 2012) Posted on 04/14/2011 10:53am
Current Version - as introduced
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A bill for an act
relating to campaign finance and elections; modifying the qualification
requirements for inclusion of a political party on the income tax form and
property tax refund return; modifying certain candidate filing periods; amending
Minnesota Statutes 2010, sections 10A.31, subdivision 3a; 204B.09, subdivision
1; 205.13, subdivision 1a; 205A.06, subdivision 1a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 10A.31, subdivision 3a, is amended to read:
Subd. 3a.
Qualification of political parties.
(a) A major political party qualifies
for inclusion on the income tax form and property tax refund return as provided in
subdivision 3 if itnew text begin :
new text end
new text begin (1)new text end qualifies as a major political party by July 1 of the taxable yearnew text begin ; and
new text end
new text begin (2) holds its state convention of delegates at a time when the legislature is not
meeting in regular session, if the taxable year is also a state general election yearnew text end .
(b) A minor political party qualifies for inclusion on the income tax form and
property tax refund return as provided in subdivision 3 if itnew text begin :
new text end
new text begin (1)new text end qualifies as a minor party statewide by July 1 of the taxable yearnew text begin ; and
new text end
new text begin (2) in a taxable year that is also a state general election year in which the party
intends to hold a state convention of its delegates, holds the convention at a time when the
legislature is not meeting in regular sessionnew text end .
(c) The secretary of state shall notify each major and minor political party by the
first Monday in January of each odd-numbered year of the conditions necessary for the
party to participate in income tax form and property tax refund return programs.
(d) The secretary of state shall notify each political party, the commissioner of
revenue, and the Campaign Finance and Public Disclosure Board by July 1 of each
year and following certification of the results of each general election of the political
parties that qualify for inclusion on the income tax form and property tax refund return as
provided in subdivision 3.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for political parties qualifying for
inclusion on income tax forms for taxable years beginning after December 31, 2011, and
for inclusion on property tax refund returns based on taxes payable in 2013 and thereafter
and rent paid in 2012 and thereafter.
new text end
Sec. 2.
Minnesota Statutes 2010, section 204B.09, subdivision 1, is amended to read:
Subdivision 1.
Candidates in state and county general elections.
(a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
for county, state, and federal offices filled at the state general election shall be filed not
more than deleted text begin 84deleted text end new text begin 70new text end days nor less than deleted text begin 70deleted text end new text begin 56new text end days before the state primary. The affidavit may
be prepared and signed at any time between 60 days before the filing period opens and
the last day of the filing period.
(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
signed in the presence of a notarial officer or an individual authorized to administer oaths
under section 358.10.
(c) This provision does not apply to candidates for presidential elector nominated by
major political parties. Major party candidates for presidential elector are certified under
section 208.03. Other candidates for presidential electors may file petitions at least 77
days before the general election day pursuant to section 204B.07. Nominating petitions to
fill vacancies in nominations shall be filed as provided in section 204B.13. No affidavit or
petition shall be accepted later than 5:00 p.m. on the last day for filing.
(d) Affidavits and petitions for county offices must be filed with the county auditor
of that county. Affidavits and petitions for federal offices must be filed with the secretary
of state. Affidavits and petitions for state offices must be filed with the secretary of state or
with the county auditor of the county in which the candidate resides.
(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted
by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and
must be received by 5:00 p.m. on the last day for filing.
Sec. 3.
Minnesota Statutes 2010, section 205.13, subdivision 1a, is amended to read:
Subd. 1a.
Filing period.
In a city nominating candidates at a primary, an affidavit of
candidacy for a city office voted on in November must be filed no more than deleted text begin 84deleted text end new text begin 70new text end days
nor less than deleted text begin 70deleted text end new text begin 56new text end days before the city primary. In municipalities that do not hold a
primary, an affidavit of candidacy must be filed no more than 70 days and not less than 56
days before the municipal general election held in March in any year, or a special election
not held in conjunction with another election, and no more than 91 days nor less than 77
days before the municipal general election held in November of any year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for elections held in 2012 and
thereafter.
new text end
Sec. 4.
Minnesota Statutes 2010, section 205A.06, subdivision 1a, is amended to read:
Subd. 1a.
Filing period.
In school districts that have adopted a resolution to choose
nominees for school board by a primary election, affidavits of candidacy must be filed
with the school district clerk no earlier than the deleted text begin 84thdeleted text end new text begin 70thnew text end day and no later than the deleted text begin 70thdeleted text end new text begin
56thnew text end day before the second Tuesday in August in the year when the school district general
election is held. In all other school districts, affidavits of candidacy must be filed no earlier
than the 91st day and no later than the 77th day before the school district general election.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for elections held in 2012 and
thereafter.
new text end