Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 419-S.F.No. 2720 
                  An act relating to elections; permitting simultaneous 
                  candidacy for nomination by major and minor parties 
                  with their consent under certain conditions; amending 
                  Minnesota Statutes 1994, sections 200.02, subdivision 
                  7, and by adding a subdivision; 204B.04, subdivision 
                  2, and by adding a subdivision; 204D.12; and 204D.13, 
                  by adding a subdivision; Minnesota Statutes 1995 
                  Supplement, section 204B.06, subdivision 1; repealing 
                  Minnesota Statutes 1994, section 204D.10, subdivision 
                  2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [PURPOSE.] 
           The purpose of this act is to permit a candidate to appear 
        on the general election ballot as the nominee of more than one 
        political party.  This act does not permit the candidate's name 
        to appear on the ballot more than once, because to do so might 
        give the candidate an unfair advantage and might cause some 
        voters to become confused about how to cast their votes, to vote 
        improperly, and to have their votes not counted.  This act does 
        not permit the voter to cast a vote for the candidate's party, 
        because the function of an election in the United States is to 
        choose an individual to hold public office, not to choose a 
        political party to control the office and because to do so might 
        likewise cause some voters to become confused. 
           Sec. 2.  Minnesota Statutes 1994, section 200.02, 
        subdivision 7, is amended to read: 
           Subd. 7.  [MAJOR POLITICAL PARTY.] "Major political party" 
        means a political party that maintains a party organization in 
        the state, political division or precinct in question and: 
           (a) Which (1) that has presented at least one candidate for 
        election to a partisan office at the last preceding state 
        general election, which candidate who received votes in each 
        county in that election and received votes from not less than 
        five percent of the total number of individuals who voted in 
        that election; or 
           (b) (2) whose members present to the secretary of state a 
        petition for a place on the state partisan primary ballot, which 
        a petition that contains signatures of a number of the party 
        members equal to at least five percent of the total number of 
        individuals who voted in the preceding state general election. 
           Votes cast for a candidate who was the nominee of more than 
        one political party in a state general election are not counted 
        in determining whether a minor political party should become a 
        major political party under clause (1). 
           Sec. 3.  Minnesota Statutes 1994, section 200.02, is 
        amended by adding a subdivision to read: 
           Subd. 22.  [MINOR POLITICAL PARTY.] (a) "Minor political 
        party" means a political party that is not a major political 
        party as defined by subdivision 7 and that has adopted a state 
        constitution, designated a state party chair, and met the 
        requirements of paragraph (b) or (c), as applicable. 
           (b) To be considered a minor party in all elections 
        statewide, the political party must have presented at least one 
        candidate for a partisan office voted on statewide at the 
        preceding state general election who received votes in each 
        county that in the aggregate equal at least one percent of the 
        total number of individuals who voted in the election, or its 
        members must have presented to the secretary of state a 
        nominating petition in a form prescribed by the secretary of 
        state containing the signatures of party members in a number 
        equal to at least one percent of the total number of individuals 
        who voted in the preceding state general election.  
           (c) To be considered a minor party in an election in a 
        legislative district, the political party must have presented at 
        least one candidate for a legislative office in that district 
        who received votes from at least ten percent of the total number 
        of individuals who voted for that office, or its members must 
        have presented to the secretary of state a nominating petition 
        in a form prescribed by the secretary of state containing the 
        signatures of party members in a number equal to at least ten 
        percent of the total number of individuals who voted in the 
        preceding state general election for that legislative office. 
           (d) Votes cast for a candidate who was the nominee of more 
        than one political party in a state general election are not 
        counted in determining whether a minor political party should 
        remain a minor political party under this subdivision. 
           Sec. 4.  Minnesota Statutes 1994, section 204B.04, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CANDIDATES SEEKING NOMINATION BY PRIMARY.] No 
        individual who seeks nomination for any partisan or nonpartisan 
        office at a primary shall be nominated for the same office by 
        nominating petition, except as otherwise provided for partisan 
        offices in section 204D.10, subdivision 2 simultaneous 
        nominations in section 5, and for nonpartisan offices in section 
        204B.13, subdivision 4.  A major party candidate who fails to be 
        nominated at the state primary may not be listed on any ballot 
        at the subsequent state general election, except to fill a 
        vacancy as provided in section 204B.13. 
           Sec. 5.  Minnesota Statutes 1994, section 204B.04, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [SIMULTANEOUS NOMINATION.] A candidate may seek 
        the nomination of a major political party and one or more minor 
        political parties for the same partisan office simultaneously if 
        the state chair of the parties whose nomination is sought 
        consents in writing to the simultaneous nomination.  The forms 
        for written consent of the party chair must be prepared in the 
        manner provided by the secretary of state.  A candidate may not 
        be nominated by petition for a partisan office without the 
        written consent of the candidate. 
           A candidate who seeks the simultaneous nomination of a 
        major political party and one or more minor political parties 
        and fails to be nominated at the state primary for the major 
        political party forfeits the nominations of the minor political 
        parties. 
           A candidate may not seek the nomination of either a major 
        or minor political party, or both, and file a nominating 
        petition as an independent candidate for the same election. 
           Sec. 6.  Minnesota Statutes 1995 Supplement, section 
        204B.06, subdivision 1, is amended to read: 
           Subdivision 1.  [FORM OF AFFIDAVIT.] An affidavit of 
        candidacy shall state the name of the office sought and shall 
        state that the candidate:  
           (a) is an eligible voter; 
           (b) has no other affidavit on file as a candidate for any 
        other 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 
           (c) 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; and 
           (d) accepts the nomination, if nominated by petition. 
           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.  
           A candidate seeking the simultaneous nomination of a major 
        political party and one or more minor political parties shall 
        include the consent forms from the party chairs required by 
        section 204B.04, subdivision 2a, with the affidavit of candidacy.
           Sec. 7.  Minnesota Statutes 1994, section 204D.12, is 
        amended to read: 
           204D.12 [NAMES PLACED ON GENERAL ELECTION BALLOTS.] 
           Without payment of an additional fee, the county auditor 
        shall place on the appropriate state general election ballot the 
        name of every candidate:  
           (a) Whose nomination at the state primary has been 
        certified by the appropriate canvassing board; 
           (b) Who has been nominated by petition, including 
        candidates certified by the secretary of state; and 
           (c) Who was nominated and whose name was omitted from the 
        state nonpartisan primary ballot pursuant to section 204D.07, 
        subdivision 3.  Only the names of duly nominated candidates may 
        be placed on a ballot.  
           A candidate who is nominated for an office by more than one 
        political party may be listed on the ballot only once. 
           Sec. 8.  Minnesota Statutes 1994, section 204D.13, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [SIMULTANEOUS NOMINATION.] A candidate who is 
        nominated by a major political party and one or more minor 
        political parties shall appear on the ballot in the space 
        designated for the major political party candidate for the 
        office sought.  A candidate who is nominated by more than one 
        minor political party but is not the nominee of a major 
        political party shall appear on the ballot in the position 
        designated for the first party filing a nominating petition with 
        the filing officer.  The name of each political party nominating 
        the candidate shall appear on the ballot with the candidate's 
        name. 
           Sec. 9.  [REPEALER.] 
           Minnesota Statutes 1994, section 204D.10, subdivision 2, is 
        repealed. 
           Sec. 10.  [EFFECTIVE DATE.] 
           This act is effective for the state primary election in 
        1996 and thereafter. 
           The amendments made by this act are suspended during any 
        time that the decision of the eighth circuit court of appeals in 
        Twin Cities Area New Party v. McKenna, No. 94-3417MN, is stayed 
        or the mandate of the court is recalled.  If the McKenna 
        decision is reversed, the amendments made by this act expire and 
        the prior law is revived.  The purpose of this paragraph is to 
        provide an orderly procedure for complying with the McKenna 
        decision while retaining the prior law prohibiting simultaneous 
        nominations to the extent permitted by the United States 
        Constitution. 
           Presented to the governor March 30, 1996 
           Signed by the governor April 2, 1996, 3:15 p.m.