HF 1872

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/05/2025 11:31 a.m.

A bill for an act
relating to elections; modifying requirements for identifying and verifying a
candidate's residence on an affidavit of candidacy; providing a criminal penalty;
amending Minnesota Statutes 2024, section 204B.06, subdivision 1b.

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

Section 1.

Minnesota Statutes 2024, section 204B.06, subdivision 1b, is amended to read:

Subd. 1b.

Address, electronic mail address, and telephone number.

(a) An affidavit
of candidacy must state a telephone number where the candidate can be contacted. An
affidavit must also state the candidate's or campaign's nongovernment issued electronic
mail address or an attestation that the candidate and the candidate's campaign do not possess
an electronic mail address. An affidavit must also state the candidate's current address of
residence as determined under section 200.031 deleted text begin , or at the candidate's request in accordance
with paragraph (c), the candidate's campaign contact address deleted text end new text begin and include a statement, signed
under oath by at least two residents of the district who are not related to the candidate,
attesting to their personal knowledge that the candidate resides at the address identified in
the affidavit new text end . When filing the affidavit, the candidate must present the filing officer with
the candidate's valid driver's license or state identification card that contains the candidate's
current address of residence, or documentation of proof of residence authorized for election
day registration in section 201.061, subdivision 3, paragraph (a), clause (2); clause (3), item
(ii); or paragraph (d). If the address on the affidavit and the documentation do not match,
the filing officer must not accept the affidavit. The form for the affidavit of candidacy must
allow the candidate to request, if eligible, that the candidate's address of residence be
classified as private data, and to provide the certification required under paragraph (c) for
classification of that address.

(b) If an affidavit for an office where a residency requirement must be satisfied by the
close of the filing period is filed as provided by paragraph (c), the filing officer must, within
one business day of receiving the filing, determine whether the address provided in the
affidavit of candidacy is within the area represented by the office the candidate is seeking.
For all other candidates who filed for an office whose residency requirement must be satisfied
by the close of the filing period, a registered voter in this state may request in writing that
the filing officer receiving the affidavit of candidacy review the address as provided in this
paragraph, at any time up to one day after the last day for filing for office. If requested, the
filing officer must determine whether the address provided in the affidavit of candidacy is
within the area represented by the office the candidate is seeking. If the filing officer
determines that the address is not within the area represented by the office, the filing officer
must immediately notify the candidate and the candidate's name must be removed from the
ballot for that office. A determination made by a filing officer under this paragraph is subject
to judicial review under section 204B.44.

(c) If the candidate requests that the candidate's address of residence be classified as
private data, the candidate must list the candidate's address of residence on a separate form
to be attached to the affidavit. The candidate must also certify on the affidavit that either:
(1) a police report has been submitted, an order for protection has been issued, or the
candidate has a reasonable fear in regard to the safety of the candidate or the candidate's
family; or (2) the candidate's address is otherwise private pursuant to Minnesota law. The
address of residence provided by a candidate who makes a request for classification on the
candidate's affidavit of candidacy and provides the certification required by this paragraph
is classified as private data, as defined in section 13.02, subdivision 12, but may be reviewed
by the filing officer as provided in this subdivision.

(d) The requirements of this subdivision do not apply to affidavits of candidacy for a
candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff.

new text begin (e) A candidate or other signatory who willfully makes a false statement on an affidavit
of candidacy is guilty of a crime and may be sentenced to 90 days imprisonment, a $10,000
fine, or both.
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 affidavits of candidacy submitted during filing periods beginning on or after that
date.
new text end