HF 2753

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/31/2022 10:41am

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 2020, section 204B.06, subdivision 1b.

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

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 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 three 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 . 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) deleted text begin For an office whose residency requirement must be satisfied by deleted text end new text begin Prior to new text end the close of
the filing period, deleted text begin a registered voter in this state may request in writing that deleted text end the filing officer
receiving the affidavit of candidacy new text begin must new text end review the address as provided in this paragraph deleted text begin ,
at any time up to one day after the last day for filing for office. If requested, the filing officer
must deleted text end new text begin to new text end 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 a police
report has been submitted or an order for protection has been issued in regard to the safety
of the candidate or the candidate's family, or that 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 may be subject 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