HF 87

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:33am

A bill for an act
relating to elections; establishing voluntary conduct restrictions for judicial
candidates; modifying ballot format for judicial elections; amending Minnesota
Statutes 2008, sections 204B.06, subdivision 6; 204B.36, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 211B.

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

Section 1.

Minnesota Statutes 2008, section 204B.06, subdivision 6, is amended to read:

Subd. 6.

Judicial candidates deleted text begin ; designation of term deleted text end .

new text begin (a) new text end An individual who files as a
candidate for the office of chief justice or associate justice of the Supreme Court, judge of
the Court of Appeals, or judge of the district court shall state in the affidavit of candidacy new text begin :
new text end

new text begin (1) new text end the office of the particular justice or judge for which the individual is a candidate new text begin ;
and
new text end

new text begin (2) whether the individual agrees to be bound by the regulations on judicial conduct
established in section 211B.095, in addition to the regulations provided in court rule new text end .

new text begin (b) new text end The individual shall be a candidate only for the office identified in the affidavit.
Each justice of the Supreme Court and each Court of Appeals and district court judge is
deemed to hold a separate nonpartisan office.

Sec. 2.

Minnesota Statutes 2008, section 204B.36, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Judicial candidates; notation of ethical conduct agreement. new text end

new text begin (a) Except
as provided in paragraph (b), all candidates for judicial office shall have the following
notation printed above their names on the ballot: "WARNING: This candidate has refused
to be voluntarily bound by campaign ethics rules for judicial candidates." Notwithstanding
subdivision 1, this notation must be printed in red ink and in a larger typeface than that
used for the candidate's name. The word "WARNING" must be printed in bold, and be
larger in size than the remainder of the notation.
new text end

new text begin (b) A candidate who agrees to be bound by the regulations on judicial conduct
provided in section 211B.095, and who indicated this intent when filing the affidavit of
candidacy for office, shall not have the notation provided in paragraph (a) included above
the candidate's name on the ballot. Instead, the following notation shall be printed in the
same location: "This candidate has voluntarily agreed to be bound by campaign ethics
rules for judicial candidates." This notation must be printed in black ink, and in a typeface
equal in size to the candidate's name.
new text end

Sec. 3.

new text begin [211B.095] JUDICIAL CANDIDATES; PARTISAN STATEMENTS AND
ACTIVITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to candidates for judicial office
who agree to be bound by the provisions of this section. Agreement or refusal to be bound
by this section must be indicated at the time the candidate files an affidavit of candidacy
for judicial office. The candidate's agreement or refusal shall be noted on the ballot in
the manner provided in section 204B.36, subdivision 6.
new text end

new text begin Subd. 2. new text end

new text begin Announcement of views. new text end

new text begin A candidate for judicial office must not
announce his or her views on disputed legal or political issues.
new text end

new text begin Subd. 3. new text end

new text begin Partisan activities. new text end

new text begin A candidate for judicial office must not:
new text end

new text begin (1) identify himself or herself as a member of a political party or organization,
except as necessary to vote in an election;
new text end

new text begin (2) attend political gatherings, or seek, accept, or use endorsements from a political
party or organization; or
new text end

new text begin (3) speak to gatherings of a political party or organization on the candidate's own
behalf.
new text end

new text begin Subd. 4. new text end

new text begin Solicitations. new text end

new text begin A candidate for judicial office must not personally solicit
or accept campaign contributions or solicit publicly stated support. The candidate may
establish a committee for these purposes, in the manner provided by law and court rule.
new text end

new text begin Subd. 5. new text end

new text begin Violations. new text end

new text begin In addition to the remedies provided in this chapter, a
candidate for judicial office bound by the provisions of this section shall also be subject to
professional discipline by the Board on Judicial Standards for any violation. The board
shall adopt any rules necessary to establish disciplinary processes related to enforcement
of this section.
new text end