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HF 1207

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/18/2021 03:24pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to elections; permitting a candidate to request the candidate's residential
address be classified as private data when the candidate has reasonable fear as to
the safety of the candidate or the candidate's family; amending Minnesota Statutes
2020, section 204B.06, subdivision 1b.


Section 1.

Minnesota Statutes 2020, section 204B.06, subdivision 1b, is amended to read:

Subd. 1b.

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 address of residence as determined under section 200.031, or at the candidate's
request in accordance with paragraph (c), the candidate's campaign contact address. 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) 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 new text begineither:
new text end

new text begin (1) new text enda police report has been submitted deleted text beginordeleted text endnew text begin,new text end an order for protection has been issuednew text begin, or the
candidate has a reasonable fear
new text end in regard to the safety of the candidate or the candidate's
familydeleted text begin,deleted text endnew text begin;new text end or

new text begin (2)new text end deleted text beginthatdeleted text end 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.