HF 655

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:40am

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) Except as provided in paragraph (f), an affidavit of candidacy must state the
candidate's residence address and a telephone number where the candidate can be
contacted. The form for the affidavit of candidacy must inform the candidate that the
candidate's address must be classified as private data if the candidate prefers, and allow
the candidate to indicate that preference. The address of a candidate who indicates this
preference on an affidavit of candidacy is classified as private data on individuals as
defined in section 13.02, subdivision 12.
new text end

new text begin (d) 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 represented
by the office the candidate is seeking. If the filing officer determines that the address is not
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.
new text end

new text begin (e) Except as provided in paragraph (f), 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 stating the candidate's residence
address and a telephone number where the candidate can be contacted. The affidavit must
be submitted to the filing officer by the deadline for meeting the residency requirement.
new text end

new text begin (f) The requirements of paragraphs (c), (d), and (e) 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 end

new text begin (g) 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.