HF 1863

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/03/2022 03:48pm

A bill for an act
relating to elections; permitting a major political party to file a petition to prevent
improper designation by a candidate of the party's name on an official ballot;
amending Minnesota Statutes 2020, sections 202A.11, subdivision 2; 204B.44.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 202A.11, subdivision 2, is amended to read:

Subd. 2.

Right to use.

A major political party which has adopted a party name is entitled
to the exclusive use of that name for the designation of its candidates on all ballots, and no
candidate of any other political party is entitled to have printed on a ballot as a party
designation any part of that name. new text begin Improper use of a major political party's name may be
the subject of a petition filed under section 204B.44.
new text end

Sec. 2.

Minnesota Statutes 2020, section 204B.44, is amended to read:

204B.44 ERRORS AND OMISSIONS; REMEDY.

(a) Any individual may file a petition in the manner provided in this section for the
correction of any of the following errors, omissions, or wrongful acts which have occurred
or are about to occur:

(1) an error or omission in the placement or printing of the name or description of any
candidate or any question on any official ballot, including the placement of a candidate on
the official ballot who is not eligible to hold the office for which the candidate has filed;

(2) any other error in preparing or printing any official ballot;

(3) failure of the chair or secretary of the proper committee of a major political party to
execute or file a certificate of nomination;

(4) any wrongful act, omission, or error of any election judge, municipal clerk, county
auditor, canvassing board or any of its members, the secretary of state, or any other individual
charged with any duty concerning an election.

new text begin (b) A major political party may file a petition in the manner provided in this section to
prevent the use of the party's name on an official ballot in a manner that violates section
202A.11, subdivision 2.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The petition shall describe the error, omission, or wrongful act and the correction
sought by the petitioner. The petition shall be filed with any judge of the supreme court in
the case of an election for state or federal office or any judge of the district court in that
county in the case of an election for county, municipal, or school district office. The petitioner
shall serve a copy of the petition on the officer, board or individual charged with the error,
omission, or wrongful act, on all candidates for the office in the case of an election for state,
federal, county, municipal, or school district office, and on any other party as required by
the court. Upon receipt of the petition the court shall immediately set a time for a hearing
on the matter and order the officer, board or individual charged with the error, omission or
wrongful act to correct the error or wrongful act or perform the duty or show cause for not
doing so. In the case of a review of a candidate's eligibility to hold office, the court may
order the candidate to appear and present sufficient evidence of the candidate's eligibility.
new text begin In the case of a review of a candidate's major political party designation, the court may order
the candidate to appear and present sufficient evidence of the candidate's right to use the
party's name. Evidence of a candidate's nomination for endorsement at a party's endorsing
convention or engagement in the party's governance structure establishes a rebuttable
presumption that the candidate is entitled to be designated by that party's name on a ballot.
new text end The court shall issue its findings and a final order for appropriate relief as soon as possible
after the hearing. Failure to obey the order is contempt of court.