HF 655

Conference Committee Report - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:18pm

A bill for an act
relating to elections; requiring an affidavit of candidacy to state the candidate's
residence address and telephone number; prohibiting placement of a candidate
on the ballot if residency requirements are not met; amending Minnesota Statutes
2008, section 204B.06, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 204B.06, subdivision 1, is amended to read:

Subdivision 1.

Form of affidavit.

new text begin (a) new text end 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.

new text begin (b) new text end 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.

new text begin (c) An affidavit of candidacy must state the candidate's residence address and a
telephone number where the candidate can be contacted. For an office whose residency
requirement must be satisfied by the close of the filing period, if the filing officer
determines that the address is not located in the district from which the candidate seeks
election, the filing officer must immediately notify the candidate. The filing officer must
not certify the candidate's name to be placed on the ballot unless the candidate files an
affidavit seeking election from a district where the candidate resides. The actions of a
filing officer under this paragraph are subject to judicial review under section 204B.44.
new text end

new text begin (d) For an office whose residency requirement may be satisfied as of a date after
filings close, a candidate who does not reside in the district at the time of filing must
submit a separate affidavit. The affidavit must be submitted to the filing officer by the
deadline for meeting the residency requirement.
new text end

new text begin (e) new text end 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.