1.1 	A bill for an act
1.2 	relating to public employment; forbidding public employees from being 
1.3 	candidates for or holding partisan offices;amending Minnesota Statutes 2014, 
1.4 	sections 43A.32, subdivisions 2, 3; 204B.06, subdivision 1; 211B.09.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2014, section 43A.32, subdivision 2, is amended to read:
1.7 		Subd. 2.Leaves of absence for elected nonpartisan public officials, candidates.
 1.8 	Except as herein provided any officer or employee in the classified service shall:
1.9 	(1) take leave of absence upon assuming an elected federal office or an elected state 
1.10 	office other than state legislative office or, if elected to state legislative office, during times 
1.11 	that the legislature is in session;
1.12 	(2) take leave of absence upon assuming any elected nonpartisan public office other 
1.13 	than enumerated in clause (1), if, in the opinion of the commissioner, the holding of the 
1.14 	office conflicts with regular state employment; and
1.15 	(3) (2) upon request, be granted leave of absence upon becoming a candidate, or 
1.16 	during the course of candidacy, for any elected nonpartisan public office.
1.17 	All requests for opinions of the commissioner and all opinions from the 
1.18 	commissioner under the provisions of clause (2) (1) shall be in writing and shall be 
1.19 	delivered by mail or by use of a facsimile machine.
1.20 	The commissioner shall issue an opinion under the provisions of clause (2) (1)
1.21 	within seven calendar days of receipt of the request.

1.22 	Sec. 2. Minnesota Statutes 2014, section 43A.32, subdivision 3, is amended to read:
2.1 		Subd. 3.Leave of absence. No executive branch officer or employee in the 
2.2 	unclassified service who is covered by a collective bargaining agreement, and no executive 
2.3 	branch officer or employee in the classified service, may be required to take a leave of 
2.4 	absence upon becoming a candidate, or during the course of candidacy, for any elected 
2.5 	nonpartisan public office. Said officers and employees shall take leave of absence upon 
2.6 	assuming an elected federal office or an elected state office other than state legislative 
2.7 	office or, if elected to state legislative office, during times that the legislature is in session.

2.8 	Sec. 3. Minnesota Statutes 2014, section 204B.06, subdivision 1, is amended to read:
2.9 		Subdivision 1.Form of affidavit. An affidavit of candidacy shall state the name of 
2.10 	the office sought and, except as provided in subdivision 4, shall state that the candidate:
2.11 	(1) is an eligible voter;
2.12 	(2) has no other affidavit on file as a candidate for any office at the same primary 
2.13 	or next ensuing general election, except that a candidate for soil and water conservation 
2.14 	district supervisor in a district not located in whole or in part in Anoka, Hennepin, 
2.15 	Ramsey, or Washington County, may also have on file an affidavit of candidacy for 
2.16 	mayor or council member of a statutory or home rule charter city of not more than 2,500 
2.17 	population contained in whole or in part in the soil and water conservation district or for 
2.18 	town supervisor in a town of not more than 2,500 population contained in whole or in part 
2.19 	in the soil and water conservation district; and
2.20 	(3) is, or will be on assuming the office, 21 years of age or more, and will have 
2.21 	maintained residence in the district from which the candidate seeks election for 30 days 
2.22 	before the general election.
2.23 	An affidavit of candidacy must include a statement that the candidate's name as 
2.24 	written on the affidavit for ballot designation is the candidate's true name or the name by 
2.25 	which the candidate is commonly and generally known in the community.
2.26 	An affidavit of candidacy for partisan office shall also state the name of the 
2.27 	candidate's political party or political principle, stated in three words or less.
2.28 	An affidavit of candidacy for partisan office shall state that the candidate is not a 
2.29 	public employee, as defined in section 179A.03, subdivision 14. 

2.30 	Sec. 4. Minnesota Statutes 2014, section 211B.09, is amended to read:
2.31 	211B.09 PROHIBITED PUBLIC EMPLOYEE ACTIVITIES.
2.32 	(a) An employee or official of the state or of a political subdivision may not use 
2.33 	official authority or influence to compel a person to apply for membership in or become a 
3.1 	member of a political organization, to pay or promise to pay a political contribution, or 
3.2 	to take part in political activity.
3.3 	(b) A public employee may not be a candidate for a partisan office. An incumbent 
3.4 	of a partisan office may not accept a position as a public employee unless the person 
3.5 	resigns from the partisan office before starting public employment. For purposes of this 
3.6 	paragraph, "public employee" has the meaning given in section 179A.03, subdivision 14.
3.7 	(c) A political subdivision may not impose or enforce additional limitations on the 
3.8 	political activities of its employees.

3.9 	Sec. 5. EFFECTIVE DATE.
 3.10 	Sections 1 to 3 are effective July 1, 2015, but do not prevent a public employee who is 
3.11 	an incumbent of an office on that date from continuing as a public employee or from filing 
3.12 	for reelection to the same office so long as the person remains an incumbent of that office.