1.1 	A bill for an act
1.2 	relating to elections; clarifying qualifications for
1.3 	candidates for federal office; changing certain ballot
1.4 	certification provisions; amending Minnesota Statutes
1.5 	2004, sections 204B.06, subdivisions 1, 4; 204B.10,
1.6 	subdivision 6.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 204B.06,
1.9 	subdivision 1, is amended to read:
1.10 		Subdivision 1.Form of affidavit. (a) An affidavit of
1.11 	candidacy shall state the name of the office sought and, except
1.12 	as provided in subdivision 4,shall state that the candidate:
1.13 	(1) is an eligible voter;
1.14 	(2) has no other affidavit on file as a candidate for any
1.15 	office at the same primary or next ensuing general election,
1.16 	except that a candidate for soil and water conservation district
1.17 	supervisor in a district not located in whole or in part in
1.18 	Anoka, Hennepin, Ramsey, or Washington County, may also have on
1.19 	file an affidavit of candidacy for mayor or council member of a
1.20 	statutory or home rule charter city of not more than 2,500
1.21 	population contained in whole or in part in the soil and water
1.22 	conservation district or for town supervisor in a town of not
1.23 	more than 2,500 population contained in whole or in part in the
1.24 	soil and water conservation district; and
1.25 	(3) is, or will be on assuming the office, 21 years of age
1.26 	or more, and will have maintained residence in the district from
2.1 	which the candidate seeks election for 30 days before the
2.2 	general election.
2.3 	An affidavit of candidacy must include a statement that the
2.4 	candidate's name as written on the affidavit for ballot
2.5 	designation is the candidate's true name or the name by which
2.6 	the candidate is commonly and generally known in the community.
2.7 	An affidavit of candidacy for partisan office shall also
2.8 	state the name of the candidate's political party or political
2.9 	principle, stated in three words or less.
2.10 	(b) Candidates for president or vice-president of the
2.11 	United States are not required to file an affidavit of candidacy
2.12 	for office and this subdivision does not apply to those
2.13 	candidates.

2.14 	Sec. 2. Minnesota Statutes 2004, section 204B.06,
2.15 	subdivision 4, is amended to read:
2.16 		Subd. 4.particular federal offices. Candidates for
2.17 	president or vice-president of the United States are not
2.18 	required to file an affidavit of candidacy for office.
2.19 	Candidates who seek nomination for the following offices office
2.20 	of United States senator or representative shall state the
2.21 	following additional information on the affidavit:
2.22 	(a) (1) for United States senator, that the candidate will
2.23 	be an inhabitant of this state when elected and will be 30 years
2.24 	of age or older and a citizen of the United States for not less
2.25 	than nine years on the next January 3 or, in the case of an
2.26 	election to fill a vacancy, within 21 days after the special
2.27 	election; and 
2.28 	(b) (2) for United States representative, that the
2.29 	candidate will be an inhabitant of this state when elected and 
2.30 	will be 25 years of age or older and a citizen of the United
2.31 	States for not less than seven years on the next January 3 or,
2.32 	in the case of an election to fill a vacancy, within 21 days
2.33 	after the special election;.
2.34 		Subd. 4a.State and local offices. Candidates who seek
2.35 	nomination for the following offices shall state the following
2.36 	additional information on the affidavit:
3.1 	(c) (1) for governor or lieutenant governor, that on the
3.2 	first Monday of the next January the candidate will be 25 years
3.3 	of age or older and, on the day of the state general election, a
3.4 	resident of Minnesota for not less than one year;
3.5 	(d) (2) for Supreme Court justice, Court of Appeals judge,
3.6 	or district court judge, that the candidate is learned in the
3.7 	law;
3.8 	(e) (3) for county, municipal, school district, or special
3.9 	district office, that the candidate meets any other
3.10 	qualifications for that office prescribed by law;
3.11 	(f) (4) for senator or representative in the legislature,
3.12 	that on the day of the general or special election to fill the
3.13 	office the candidate will have resided not less than one year in
3.14 	the state and not less than six months in the legislative
3.15 	district from which the candidate seeks election.

3.16 	Sec. 3. Minnesota Statutes 2004, section 204B.10,
3.17 	subdivision 6, is amended to read:
3.18 		Subd. 6.Ineligible voter.  Upon receipt of a certified
3.19 	copy of a final judgment or order of a court of competent
3.20 	jurisdiction that a person who has filed an affidavit of
3.21 	candidacy or who has been nominated by petition:
3.22 	(1) has been convicted of treason or a felony and the
3.23 	person's civil rights have not been restored;
3.24 	(2) is under guardianship of the person; or
3.25 	(3) has been found by a court of law to be legally
3.26 	incompetent;
3.27 	the filing officer shall notify the person by certified mail at
3.28 	the address shown on the affidavit or petition, and, for offices
3.29 	other than President of the United States, Vice President of the
3.30 	United States, United States Senator, and United States
3.31 	Representative in Congress,shall not certify the person's name
3.32 	to be placed on the ballot.  The actions of a filing officer
3.33 	under this subdivision are subject to judicial review under
3.34 	section 204B.44.