HF 2755

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/31/2022 10:42am

A bill for an act
relating to elections; providing a separate candidate filing period for incumbent
candidates; requiring a one-day filing period in the event a candidate for partisan
office submits an affidavit of withdrawal; amending Minnesota Statutes 2020,
sections 204B.09, subdivision 1; 204B.12, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 204B.09, subdivision 1, is amended to read:

Subdivision 1.

new text begin Incumbent and nonincumbent new text end candidates deleted text begin in state and county deleted text end new text begin ; new text end general
elections.

(a) Except as otherwise provided by this subdivision, deleted text begin affidavits of candidacy and
nominating petitions deleted text end new text begin for nonincumbent candidates new text end for county, state, and federal offices
filled at the state general election new text begin , affidavits of candidacy and nominating petitions new text end shall be
filed not more than 84 days nor less than 70 days before the state primary. new text begin For incumbent
candidates for county, state, and federal offices filled at the state general election, affidavits
of candidacy and nominating petitions shall be filed not more than 84 days nor less than 75
days before the state primary. new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to affidavits of candidacy and nominating petitions required to be filed on or after
that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 204B.12, subdivision 1, is amended to read:

Subdivision 1.

Before primary.

new text begin (a) new text end A candidate may withdraw from the primary ballot
by filing an affidavit of withdrawal with the same official who received the affidavit of
candidacy. The affidavit shall request that official to withdraw the candidate's name from
the ballot and shall be filed no later than two days after the last day for filing for the office.

new text begin (b) If an incumbent candidate's affidavit of withdrawal is filed on the last day of the
filing period or during the withdrawal period established under paragraph (a), the filing
officer shall establish a supplemental filing period. The filing officer shall make a reasonable
effort to notify the public of the incumbent candidate's withdrawal and the dates of the
supplemental filing period. The supplemental filing period must begin within two weeks
of the incumbent candidate's withdrawal and must be open for one calendar day.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to candidate withdrawals occurring on or after that date.
new text end