SF 3816
Introduction - 94th Legislature (2025 - 2026)
Posted on 02/24/2026 10:11 a.m.
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A bill for an act
relating to elections; modifying ballot access and related provisions for minor party
candidates; amending Minnesota Statutes 2024, sections 200.02, subdivision 23;
204B.03; 204B.06, by adding a subdivision; 204B.09, subdivision 1; 204B.12,
subdivision 1; 204B.13, subdivisions 1, 2, 5; 204D.07, subdivision 2; 204D.12;
204D.13, subdivision 2; 208.03; 208.04, subdivision 1; Minnesota Statutes 2025
Supplement, section 204B.07, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 202A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 200.02, subdivision 23, is amended to read:
Subd. 23.
Minor political party.
(a) "Minor political party" means a political party that
deleted text begin has adopted a state constitution, designated a state party chair, held a state convention in
the last two years, fileddeleted text end new text begin maintains a party organization in the state, has complied with the
party's constitution and rules, is in compliance with the requirements of section 202A.125,
and filesnew text end with the secretary of state no later than December 31 following the most recent
state general election a certification that the party has met the foregoing requirements, and
met the requirements of paragraph (b) or (e), as applicable.
(b) To be considered a minor party in all elections statewide, the political party must
have presented at least one candidate:
(1) for election to the office of governor and lieutenant governor, secretary of state, state
auditor, or attorney general, at the last preceding state general election for those offices; or
(2) for election to the office of presidential elector or U.S. senator at the preceding state
general election for presidential electors; and
(3) who received votes in each county that in the aggregate equal at least one percent of
the total number of individuals who voted in the election, or its members must have presented
to the secretary of state at any time before the close of filing for the state partisan primary
ballot a nominating petition in a form prescribed by the secretary of state containing the
valid signatures of party members in a number equal to at least one percent of the total
number of individuals who voted in the preceding state general election. A signature is valid
only if signed no more than one year prior to the date the petition was filed.
(c) A political party whose candidate receives a sufficient number of votes at a state
general election described in paragraph (b) becomes a minor political party as of January
1 following that election and retains its minor party status for at least two state general
elections even if the party fails to present a candidate who receives the number and percentage
of votes required under paragraph (b) at subsequent state general elections.
(d) A minor political party whose candidates fail to receive the number and percentage
of votes required under paragraph (b) at each of two consecutive state general elections
described by paragraph (b) loses minor party status as of December 31 following the later
of the two consecutive state general elections.
(e) A minor party that qualifies to be a major party loses its status as a minor party at
the time it becomes a major party. Votes received by the candidates of a major party must
be counted in determining whether the party received sufficient votes to qualify as a minor
party, notwithstanding that the party does not receive sufficient votes to retain its major
party status. To be considered a minor party in an election in a legislative district, the political
party must have presented at least one candidate for a legislative office in that district who
received votes from at least ten percent of the total number of individuals who voted for
that office, or its members must have presented to the secretary of state a nominating petition
in a form prescribed by the secretary of state containing the valid signatures of party members
in a number equal to at least ten percent of the total number of individuals who voted in the
preceding state general election for that legislative office. A signature is valid only if signed
no more than one year prior to the date the petition was filed.
Sec. 2.
new text begin
[202A.125] MINOR POLITICAL PARTY STATE CONVENTION,
AUTHORITY OF.
new text end
new text begin Subdivision 1. new text end
new text begin Time of convention. new text end
new text begin
The final authority over the affairs of each minor
political party is vested in the party's state convention to be held at least once every two
years at the call of the party's chair or state executive committee.
new text end
new text begin Subd. 2. new text end
new text begin State executive committee. new text end
new text begin
Subject to the control of the state convention, the
general management and administrative affairs of the state party is vested in the party's
executive committee.
new text end
new text begin Subd. 3. new text end
new text begin Constitution, filing. new text end
new text begin
An officer of the state executive committee shall file with
the secretary of state a copy of the party's constitution and all amendments to the constitution
as they are enacted.
new text end
Sec. 3.
Minnesota Statutes 2024, section 204B.03, is amended to read:
204B.03 MANNER OF NOMINATION.
Candidates of a major political party for any partisan office except presidential elector
and all candidates for nonpartisan office shall apply for a place on the primary ballot by
filing an affidavit of candidacy as provided in section 204B.06, and except as otherwise
provided in section 204D.07, subdivision 3, shall be nominated by primary. new text begin Candidates of
a minor political party for any partisan office except presidential elector shall apply for a
place on the general election ballot by filing an affidavit of candidacy as provided in section
204B.06. new text end Candidates for any partisan office who do not seek the nomination of a majornew text begin or
minornew text end political party shall be nominated by nominating petition as provided in sections
204B.07 and 204B.08, and, except for presidential elector candidates, shall file an affidavit
of candidacy as provided in section 204B.06.
Sec. 4.
Minnesota Statutes 2024, section 204B.06, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Minor party candidates. new text end
new text begin
A candidate of a minor political party who seeks
placement on the general election ballot for a partisan office shall state on the affidavit of
candidacy that the candidate is a member of that party and has received the endorsement
of the party. The candidate filing shall include a nomination certificate, prepared under the
direction of and executed by the chair and secretary of the political party, stating the
nominated candidate has been selected under the rules of the party.
new text end
Sec. 5.
Minnesota Statutes 2025 Supplement, section 204B.07, subdivision 2, is amended
to read:
Subd. 2.
Petitions for presidential electors and alternates.
(a) This section does not
apply to candidates for presidential elector or alternate nominated by major political partiesnew text begin
or minor political partiesnew text end . Major party candidates new text begin and minor party candidates new text end for presidential
elector or alternate are certified under section 208.03. Other presidential electors or alternates
are nominated by petition pursuant to this section.
(b) On petitions nominating presidential electors or alternates, the names of the candidates
for president and vice-president shall be added to the political party or political principle
stated on the petition. One petition may be filed to nominate a slate of presidential electors
equal in number to the number of electors to which the state is entitled and an alternate for
each elector nominee.
(c) In addition to the petition, each nominated candidate must submit a signed, notarized
affidavit of candidacy for president or vice president that includes the following information:
(1) the candidate's name in the form as it should appear on the ballot;
(2) the candidate's campaign address, website, phone number, and email address;
(3) the name of the political party or political principle stated on the petition;
(4) the office sought by the candidate; and
(5) a declaration that the candidate is aware of and will follow all applicable election
laws and campaign finance laws.
Sec. 6.
Minnesota Statutes 2024, section 204B.09, subdivision 1, is amended to read:
Subdivision 1.
Candidates in state and county general elections.
(a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
for county, state, and federal offices filled at the state general election shall be filed not
more than 84 days nor less than 70 days before the state primary. The affidavit may be
prepared and signed at any time between 60 days before the filing period opens and the last
day of the filing period.
(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be signed
in the presence of a notarial officer or an individual authorized to administer oaths under
section 358.10.
(c) This provision does not apply to candidates for presidential elector nominated by
major political partiesnew text begin or minor political partiesnew text end . Major party candidates new text begin and minor party
candidates new text end for presidential elector are certified under section 208.03. Other candidates for
presidential electors may file petitions at least 77 days before the general election day
pursuant to section 204B.07. Nominating petitions to fill vacancies in nominations shall be
filed as provided in section 204B.13. No affidavit or petition shall be accepted later than
5:00 p.m. on the last day for filing.
(d) Affidavits and petitions for county offices must be filed with the county auditor of
that county. Affidavits and petitions for federal offices must be filed with the secretary of
state. Affidavits and petitions for state offices must be filed with the secretary of state or
with the county auditor of the county in which the candidate maintains residence.
(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted by
mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and must
be received by 5:00 p.m. on the last day for filing.
Sec. 7.
Minnesota Statutes 2024, section 204B.12, subdivision 1, is amended to read:
Subdivision 1.
Before primary.
A new text begin major political party new text end candidate may withdraw from
the primary ballot by filing an affidavit of withdrawal with the same official who received
the affidavit of candidacy. new text begin A minor political party candidate may withdraw from the general
election ballot by filing an affidavit of withdrawal with the same official who received the
affidavit of candidacy. new text end The affidavit shall request that official to withdraw the candidate's
name from the ballot and shall be filed no later than two days after the last day for filing
for the office.
Sec. 8.
Minnesota Statutes 2024, section 204B.13, subdivision 1, is amended to read:
Subdivision 1.
Partisan office.
(a) A vacancy in nomination for a partisan office must
be filled in the manner provided by this section. A vacancy in nomination exists for a partisan
office when a major political party candidate who has been nominated in accordance with
section 204D.03, subdivision 3, or 204D.10, subdivision 1new text begin , or a minor political party
candidate has been nominated in accordance with sections 204B.06, subdivision 2a, and
204D.12, clause (2)new text end :
(1) dies;
(2) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), at least
one day prior to the general election with the same official who received the affidavit of
candidacy; or
(3) is determined to be ineligible to hold the office the candidate is seeking, pursuant to
a court order issued under section 204B.44.
(b) An affidavit of withdrawal filed under paragraph (a), clause (2), must state that the
candidate has been diagnosed with a catastrophic illness that will permanently and
continuously incapacitate the candidate and prevent the candidate from performing the
duties of the office sought, if elected. The affidavit must be accompanied by a certificate
verifying the candidate's illness meets the requirements of this paragraph, signed by at least
two licensed physicians. The affidavit and certificate may be filed by the candidate or the
candidate's legal guardian.
Sec. 9.
Minnesota Statutes 2024, section 204B.13, subdivision 2, is amended to read:
Subd. 2.
Partisan office; nomination by party; special election.
(a) Except as provided
in subdivision 5, a major new text begin or minor new text end political party may fill a vacancy in nomination of that
party's candidate as defined in subdivision 1, paragraph (a), clause (1), (2), or (3), by filing
one nomination certificate with the same official who received the affidavits of candidacy
for that office.
A major political party may provide in its governing rules a procedure, including
designation of an appropriate committee, to fill a vacancy in nomination for any federal or
state partisan office. The nomination certificate shall be prepared under the direction of and
executed by the chair and secretary of the political party and filed within the timelines
established in this section. When filing the certificate the chair and secretary shall attach an
affidavit stating that the newly nominated candidate has been selected under the rules of
the party and that the individuals signing the certificate and making the affidavit are the
chair and secretary of the party.
(b) In the case of a vacancy in nomination for partisan office that occurs on or before
the 79th day before the general election, the major new text begin or minor new text end political party must file the
nomination certificate no later than 71 days before the general election. The name of the
candidate nominated by the party must appear on the general election ballot.
(c) Except as provided in subdivision 5, in the case of a vacancy in nomination new text begin of a
major political party candidate new text end for a partisan office that occurs after the 79th day before the
general election, the general election ballot shall remain unchanged, but the county and
state canvassing boards must not certify the vote totals for that office from the general
election, and the office must be filled at a special election held in accordance with this
section. Except for the vacancy in nomination, all other candidates whose names appeared
on the general election ballot for the office must appear on the special election ballot for
the office. New affidavits of candidacy or nominating petitions may not be accepted, and
there must not be a primary to fill the vacancy in nomination. The major political party may
file a nomination certificate as provided in paragraph (a) no later than seven days after the
general election. On the date of the general election, the county auditor or municipal clerk
shall post a notice in each precinct affected by a vacancy in nomination under this paragraph,
informing voters of the reason for the vacancy in nomination and the procedures for filling
the vacancy in nomination and conducting a special election as required by this section.
The secretary of state shall prepare and electronically distribute the notice to county auditors
in each county affected by a vacancy in nomination.
Sec. 10.
Minnesota Statutes 2024, section 204B.13, subdivision 5, is amended to read:
Subd. 5.
Candidates for governor and lieutenant governor.
(a) If a vacancy in
nomination for a major new text begin or minor new text end political party occurs in the race for governor, the political
party must nominate the candidates for both governor and lieutenant governor. If a vacancy
in nomination for a major new text begin or minor new text end political party occurs in the race for lieutenant governor,
the candidate for governor shall select the candidate for lieutenant governor.
(b) For a vacancy in nomination for lieutenant governor that occurs on or before the
79th day before the general election, the name of the lieutenant governor candidate must
be submitted by the governor candidate to the filing officer no later than 71 days before the
general election. If the vacancy in nomination for lieutenant governor occurs after the 79th
day before the general election, the candidate for governor shall submit the name of the
new lieutenant governor candidate to the secretary of state within seven days after the
vacancy in nomination occurs, but no changes may be made to the general election ballots.
(c) When a vacancy in nomination for lieutenant governor occurs after the 79th day
before the general election, the county auditor or municipal clerk shall post a notice in each
precinct affected by the vacancy in nomination. The secretary of state shall prepare and
electronically distribute the notice to county auditors. The county auditor must ensure that
each precinct in the county receives the notice prior to the opening of the polls on election
day. The notice must include:
(1) a statement that there is a vacancy in nomination for lieutenant governor and the
statutory reason for the vacancy in nomination as provided in subdivision 1, paragraph (a),
clause (1), (2), or (3);
(2) a statement that the results for the governor and lieutenant governor will be counted
and that no special election will be held for that race; and
(3) a list of all candidates in the governor and lieutenant governor's race, listed in order
of the base rotation. The listing of candidates shall include the name of the candidate to fill
the vacancy in nomination for lieutenant governor. If the name of the candidate has not yet
been named, then the list must include the date by which the candidate will be named.
Sec. 11.
Minnesota Statutes 2024, section 204D.07, subdivision 2, is amended to read:
Subd. 2.
Exception; new text begin minor political parties; new text end petition candidates.
The name of new text begin a minor
political party candidate or new text end a candidate nominated by petition shall not be placed on any
state primary ballot.
Sec. 12.
Minnesota Statutes 2024, section 204D.12, is amended to read:
204D.12 NAMES PLACED ON GENERAL ELECTION BALLOTS.
Without payment of an additional fee, the county auditor shall place on the appropriate
state general election ballot the name of every candidate:
(1) whose nomination at the state primary has been certified by the appropriate canvassing
board;
new text begin
(2) who has received the nomination and endorsement of a minor political party and has
been certified by the secretary of state;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end who has been nominated by petition, including candidates certified by the secretary
of state; and
deleted text begin (3)deleted text end new text begin (4)new text end who was nominated and whose name was omitted from the state nonpartisan
primary ballot pursuant to section 204D.07, subdivision 3. Only the names of duly nominated
candidates may be placed on a ballot.
Sec. 13.
Minnesota Statutes 2024, section 204D.13, subdivision 2, is amended to read:
Subd. 2.
Order of candidates for president and vice president.
The first name printed
for president and vice president of the United States on the state general election ballot shall
be that of the candidate of the major political party that received the smallest average number
of votes at the last state general election. The succeeding names shall be those of the
candidates of the other major political parties that received a succeedingly higher average
number of votes respectively. For the purposes of this subdivision, the average number of
votes of a major political party shall be computed by dividing the total number of votes
counted for all of the party's candidates for statewide office at the state general election by
the number of those candidates at the election. The names of candidates nominated by
petition for president and vice president shall be placed on the state general election ballot
after the names of the candidates for that office who were nominated by major political
partiesnew text begin and the minor political partiesnew text end . No later than 11 weeks before the state general
election, the secretary of state shall determine by lot the order of candidates nominated by
petition. The drawing of lots must be by political party or principle.
Sec. 14.
Minnesota Statutes 2024, section 208.03, is amended to read:
208.03 NOMINATION OF PRESIDENTIAL ELECTORS AND ALTERNATES.
Presidential electors and alternates for the major political parties of this state shall be
nominated by delegate conventions called and held under the supervision of the respective
state central committees of the parties of this state. new text begin Presidential electors and alternates for
the minor political parties of this state shall be nominated by the state executive committees
of the parties. new text end At least 71 days before the general election day the chair of the major political
party new text begin or minor political party new text end shall certify to the secretary of state the names of the persons
nominated as presidential electors, the names of persons nominated as alternate presidential
electors, and the names of the party candidates for president and vice president. The chair
shall also certify that the party candidates for president and vice president have no affidavit
on file as a candidate for any office in this state at the ensuing general election.
Sec. 15.
Minnesota Statutes 2024, section 208.04, subdivision 1, is amended to read:
Subdivision 1.
Form of presidential ballots.
When presidential electors and alternates
are to be voted for, a vote cast for the party candidates for president and vice president shall
be deemed a vote for that party's electors and alternates as filed with the secretary of state.
The secretary of state shall certify the names of all duly nominated presidential and vice
presidential candidates to the county auditors of the counties of the state. Each county
auditor, subject to the rules of the secretary of state, shall cause the names of the candidates
of each major political party new text begin or minor political party new text end and the candidates nominated by petition
to be set in type of the same size and style as for candidates on the state general election
ballot, before the party designation. To the left of, and on the same line with the names of
the candidates for president and vice president, near the margin, shall be placed an oval or
similar target shape, in which the voters may indicate their choice.
The form for the presidential ballot and the relative position of the several candidates
shall be determined by the rules applicable to other state officers. The state ballot, with the
required heading, shall be printed on the same piece of paper and shall be below the
presidential ballot with a blank space between one inch in width.
Sec. 16. new text begin CITATION.
new text end
new text begin
This act may be referred to as the "Minor Party Ballot Access Act."
new text end
Sec. 17. new text begin EFFECTIVE DATE.
new text end
new text begin
This act is effective for elections occurring after November 3, 2026.
new text end