1997 Minnesota Statutes

     204B.04 Candidacy; prohibitions. 

    Subdivision 1.    Major party candidates.  No individual 
 shall be named on any ballot as the candidate of more than one 
 major political party.  No individual who has been certified by 
 a canvassing board as the nominee of any major political party 
 shall be named on any ballot as the candidate of any other major 
 political party at the next ensuing general election.  

    Subd. 2.    Candidates seeking nomination by primary.  
 No individual who seeks nomination for any partisan or 
 nonpartisan office at a primary shall be nominated for the same 
 office by nominating petition, except as otherwise provided for 
 simultaneous nominations in subdivision 2a, and for nonpartisan 
 offices in section 204B.13, subdivision 4.  A major party 
 candidate who fails to be nominated at the state primary may not 
 be listed on any ballot at the subsequent state general 
 election, except to fill a vacancy as provided in section 
 204B.13. 

    Subd. 2a.    Simultaneous nomination.  A candidate may 
 seek the nomination of a major political party and one or more 
 minor political parties for the same partisan office 
 simultaneously if the state chair of the parties whose 
 nomination is sought consents in writing to the simultaneous 
 nomination.  The forms for written consent of the party chair 
 must be prepared in the manner provided by the secretary of 
 state.  A candidate may not be nominated by petition for a 
 partisan office without the written consent of the candidate. 

    A candidate who seeks the simultaneous nomination of a 
 major political party and one or more minor political parties 
 and fails to be nominated at the state primary for the major 
 political party forfeits the nominations of the minor political 
 parties. 

    A candidate may not seek the nomination of either a major 
 or minor political party, or both, and file a nominating 
 petition as an independent candidate for the same election. 

    Subd. 3.    Nomination for nonpartisan office.  No 
 individual shall be nominated by nominating petition for any 
 nonpartisan office except in the event of a vacancy in 
 nomination as provided in section 204B.13.  

    HIST: 1981 c 29 art 4 s 4; 1991 c 320 s 4; 1996 c 419 s 4,5 

*   NOTE:  The amendments to this section by Laws 1996, chapter 
*419, are suspended during any time that the decision of the 
*eighth circuit court of appeals in Twin Cities Area New Party v. 
*McKenna, No. 94-3417MN, is stayed or the mandate of the court is 
*recalled.  If the McKenna decision is reversed, the amendments 
*to this section expire and the prior law is revived.  Laws 1996, 
*chapter 419, section 10.