HF 1101

as introduced - 89th Legislature (2015 - 2016) Posted on 02/19/2015 01:49pm

A bill for an act
relating to public employment; forbidding public employees from being
candidates for or holding partisan offices; amending Minnesota Statutes 2014,
sections 43A.32, subdivisions 2, 3; 204B.06, subdivision 1; 211B.09.

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

Section 1.

Minnesota Statutes 2014, section 43A.32, subdivision 2, is amended to read:

Subd. 2.

Leaves of absence for elected new text begin nonpartisan new text end public officials, candidates.

Except as herein provided any officer or employee in the classified service shall:

(1) deleted text begin take leave of absence upon assuming an elected federal office or an elected state
office other than state legislative office or, if elected to state legislative office, during times
that the legislature is in session;
deleted text end

deleted text begin (2) deleted text end take leave of absence upon assuming any elected new text begin nonpartisan new text end public office deleted text begin other
than enumerated in clause (1), deleted text end if, in the opinion of the commissioner, the holding of the
office conflicts with regular state employment; and

deleted text begin (3) deleted text end new text begin (2) new text end upon request, be granted leave of absence upon becoming a candidate, or
during the course of candidacy, for any elected new text begin nonpartisan new text end public office.

All requests for opinions of the commissioner and all opinions from the
commissioner under deleted text begin the provisions of deleted text end clause deleted text begin (2) deleted text end new text begin (1) new text end shall be in writing deleted text begin and shall be
delivered by mail or by use of a facsimile machine deleted text end .

The commissioner shall issue an opinion under deleted text begin the provisions of deleted text end clause deleted text begin (2) deleted text end new text begin (1) new text end
within seven calendar days of receipt of the request.

Sec. 2.

Minnesota Statutes 2014, section 43A.32, subdivision 3, is amended to read:

Subd. 3.

Leave of absence.

No executive branch officer or employee in the
unclassified service who is covered by a collective bargaining agreement, and no executive
branch officer or employee in the classified service, may be required to take a leave of
absence upon becoming a candidate, or during the course of candidacy, for any elected
new text begin nonpartisan new text end public office. deleted text begin Said officers and employees shall take leave of absence upon
assuming an elected federal office or an elected state office other than state legislative
office or, if elected to state legislative office, during times that the legislature is in session.
deleted text end

Sec. 3.

Minnesota Statutes 2014, section 204B.06, subdivision 1, is amended to read:

Subdivision 1.

Form of affidavit.

An affidavit of candidacy shall state the name of
the office sought and, except as provided in subdivision 4, shall state that the candidate:

(1) is an eligible voter;

(2) has no other affidavit on file as a candidate for any office at the same primary
or next ensuing general election, except that a candidate for soil and water conservation
district supervisor in a district not located in whole or in part in Anoka, Hennepin,
Ramsey, or Washington County, may also have on file an affidavit of candidacy for
mayor or council member of a statutory or home rule charter city of not more than 2,500
population contained in whole or in part in the soil and water conservation district or for
town supervisor in a town of not more than 2,500 population contained in whole or in part
in the soil and water conservation district; and

(3) is, or will be on assuming the office, 21 years of age or more, and will have
maintained residence in the district from which the candidate seeks election for 30 days
before the general election.

An affidavit of candidacy must include a statement that the candidate's name as
written on the affidavit for ballot designation is the candidate's true name or the name by
which the candidate is commonly and generally known in the community.

An affidavit of candidacy for partisan office shall also state the name of the
candidate's political party or political principle, stated in three words or less.

new text begin An affidavit of candidacy for partisan office shall state that the candidate is not a
public employee, as defined in section 179A.03, subdivision 14.
new text end

Sec. 4.

Minnesota Statutes 2014, section 211B.09, is amended to read:

211B.09 PROHIBITED PUBLIC EMPLOYEE ACTIVITIES.

new text begin (a) new text end An employee or official of the state or of a political subdivision may not use
official authority or influence to compel a person to apply for membership in or become a
member of a political organization, to pay or promise to pay a political contribution, or
to take part in political activity.

new text begin (b) A public employee may not be a candidate for a partisan office. An incumbent
of a partisan office may not accept a position as a public employee unless the person
resigns from the partisan office before starting public employment. For purposes of this
paragraph, "public employee" has the meaning given in section 179A.03, subdivision 14.
new text end

new text begin (c) new text end A political subdivision may not impose or enforce additional limitations on the
political activities of its employees.

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective July 1, 2015, but do not prevent a public employee who is
an incumbent of an office on that date from continuing as a public employee or from filing
for reelection to the same office so long as the person remains an incumbent of that office.
new text end