2005 Minnesota Statutes

  205.13 Candidates, filing. 

    Subdivision 1.    Affidavit of candidacy.  An individual 
 who is eligible and desires to become a candidate for an office 
 to be voted for at the municipal general election shall file an 
 affidavit of candidacy with the municipal clerk.  Subject to the 
 approval of the county auditor, the town clerk may authorize 
 candidates for township offices to file affidavits of candidacy 
 with the county auditor.  The affidavit shall be in 
 substantially the same form as that in section 204B.06, 
 subdivision 1.  The municipal clerk shall also accept an 
 application signed by not less than five voters and filed on 
 behalf of an eligible voter in the municipality whom they desire 
 to be a candidate, if service of a copy of the application has 
 been made on the candidate and proof of service is endorsed on 
 the application being filed.  Upon receipt of the proper filing 
 fee, the clerk shall place the name of the candidate on the 
 official ballot without partisan designation.  

    Subd. 1a.    Filing period.  In municipalities 
 nominating candidates at a municipal primary, an affidavit of 
 candidacy for a city office or town office voted on in November 
 must be filed not more than 70 days nor less than 56 days before 
 the first Tuesday after the second Monday in September preceding 
 the municipal general election.  In all other municipalities, an 
 affidavit of candidacy must be filed not more than 70 days and 
 not less than 56 days before the municipal general election. 

    Subd. 1b.    Absent candidates.  A candidate for 
 municipal office who will be absent from the state during the 
 filing period may submit a properly executed affidavit of 
 candidacy, the appropriate filing fee, and any necessary 
 petitions in person to the filing officer.  The candidate shall 
 state in writing the reason for being unable to submit the 
 affidavit during the filing period.  The affidavit, filing fee, 
 and petitions must be submitted to the filing officer during the 
 seven days immediately preceding the candidate's absence from 
 the state.  In cities of the first class, and in any city where 
 the use of nominating petitions is permitted under the city's 
 charter, a nominating petition for a candidate who will be 
 absent from the state during the filing period may be signed 
 during the 14 days immediately preceding the date when the 
 affidavit of candidacy is filed. 

    Subd. 2.    Notice of filing dates.  At least two weeks 
 before the first day to file affidavits of candidacy, the 
 municipal clerk shall publish a notice stating the first and 
 last dates on which affidavits of candidacy may be filed in the 
 clerk's office and the closing time for filing on the last day 
 for filing.  The clerk shall post a similar notice at least ten 
 days before the first day to file affidavits of candidacy. 

    Subd. 3.    Filing fees.  Unless the charter of a city 
 provides the amount of the fee for filing an application or 
 affidavit of candidacy for city office, the filing fee for a 
 municipal office is as follows: 

    (a) In first class cities, $20; 

    (b) In second and third class cities, $5; and 

    (c) In fourth class cities and towns, $2. 

    Subd. 4.    Petition in place of fees.  A candidate for 
 municipal office may file a petition in place of the filing fees 
 specified in subdivision 3.  The petition shall meet the 
 requirements of section 204B.11, subdivision 2. 

    Subd. 5.    Nominating petition; cities of the first 
 class.  A nominating petition filed on behalf of a candidate 
 for municipal office in a city of the first class shall be 
 signed by eligible voters who reside in the election district 
 from which the candidate is to be elected.  The number of 
 signers shall be at least 500, or two percent of the total 
 number of individuals who voted in the municipality, ward, or 
 other election district at the last preceding municipal general 
 election, whichever is greater. 

    Subd. 6.    Withdrawal.  A candidate for a municipal 
 elective office may withdraw from the election by filing an 
 affidavit of withdrawal with the municipal clerk no later than 
 5:00 p.m. two days after the last day for filing affidavits of 
 candidacy.  Thereafter, no candidate may file an affidavit of 
 withdrawal.  

    HIST: 1959 c 675 art 6 s 13; 1976 c 44 s 8; 1978 c 572 s 3; 
 1981 c 29 art 7 s 10; 1983 c 62 s 5; 1985 c 72 s 4; 1987 c 62 s 
 8; 1994 c 646 s 10,11; 1997 c 147 s 43; 2000 c 467 s 26,27; 
 1Sp2001 c 10 art 18 s 35