SF 716

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; clarifying qualifications for
candidates for federal office; changing certain ballot
certification provisions; amending Minnesota Statutes
2004, sections 204B.06, subdivisions 1, 4; 204B.10,
subdivision 6.

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

Section 1.

Minnesota Statutes 2004, section 204B.06,
subdivision 1, is amended to read:

Subdivision 1.

Form of affidavit.

deleted text begin (a) deleted text end An affidavit of
candidacy shall state the name of the office sought and new text begin , except
as provided in subdivision 4, new text end 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.

deleted text begin (b) Candidates for president or vice-president of the
United States are not required to file an affidavit of candidacy
for office and this subdivision does not apply to those
candidates.
deleted text end

Sec. 2.

Minnesota Statutes 2004, section 204B.06,
subdivision 4, is amended to read:

Subd. 4.

deleted text begin particular deleted text end new text begin federal new text end offices.

new text begin Candidates for
president or vice-president of the United States are not
required to file an affidavit of candidacy for office.
new text end Candidates who seek nomination for the deleted text begin following offices deleted text end new text begin office
of United States senator or representative new text end shall state the
following deleted text begin additional deleted text end information on the affidavit:

deleted text begin (a) deleted text end new text begin (1) new text end for United States senator, that the candidate new text begin will
be an inhabitant of this state when elected and new text end will be 30 years
of age or older and a citizen of the United States for not less
than nine years on the next January 3 or, in the case of an
election to fill a vacancy, within 21 days after the special
election; new text begin and
new text end

deleted text begin (b) deleted text end new text begin (2) new text end for United States representative, that the
candidate new text begin will be an inhabitant of this state when elected and
new text end will be 25 years of age or older and a citizen of the United
States for not less than seven years on the next January 3 or,
in the case of an election to fill a vacancy, within 21 days
after the special election deleted text begin ; deleted text end new text begin .
new text end

new text begin Subd. 4a. new text end

new text begin State and local offices. new text end

new text begin Candidates who seek
nomination for the following offices shall state the following
additional information on the affidavit:
new text end

deleted text begin (c) deleted text end new text begin (1) new text end for governor or lieutenant governor, that on the
first Monday of the next January the candidate will be 25 years
of age or older and, on the day of the state general election, a
resident of Minnesota for not less than one year;

deleted text begin (d) deleted text end new text begin (2) new text end for Supreme Court justice, Court of Appeals judge,
or district court judge, that the candidate is learned in the
law;

deleted text begin (e) deleted text end new text begin (3) new text end for county, municipal, school district, or special
district office, that the candidate meets any other
qualifications for that office prescribed by law;

deleted text begin (f) deleted text end new text begin (4) new text end for senator or representative in the legislature,
that on the day of the general or special election to fill the
office the candidate will have resided not less than one year in
the state and not less than six months in the legislative
district from which the candidate seeks election.

Sec. 3.

Minnesota Statutes 2004, section 204B.10,
subdivision 6, is amended to read:

Subd. 6.

Ineligible voter.

Upon receipt of a certified
copy of a final judgment or order of a court of competent
jurisdiction that a person who has filed an affidavit of
candidacy or who has been nominated by petition:

(1) has been convicted of treason or a felony and the
person's civil rights have not been restored;

(2) is under guardianship of the person; or

(3) has been found by a court of law to be legally
incompetent;

the filing officer shall notify the person by certified mail at
the address shown on the affidavit or petition, and new text begin , for offices
other than President of the United States, Vice President of the
United States, United States Senator, and United States
Representative in Congress, new text end shall not certify the person's name
to be placed on the ballot. The actions of a filing officer
under this subdivision are subject to judicial review under
section 204B.44.