Minnesota Administrative Rules

8205.1040 FILING PETITIONS.

Subpart 1.

Applicability.

This part applies to any petition required for any election or recall in this state.

Subp. 2.

Definition of filing officer.

As used in this part and part 8205.1050, "filing officer" means:

A.

in the case of a petition for a county office or county question, the county auditor;

B.

in the case of a petition for a federal office, the secretary of state;

C.

in the case of a state office, the filing officer who receives the affidavit for filing under Minnesota Statutes, section 204B.09, subdivision 1, paragraph (d);

D.

in the case of a petition for a municipal office or municipal question, the municipal clerk;

E.

in the case of a petition for a school district office or school district question, the school district clerk;

F.

in the case of a petition for a special district office or special district question, the special district clerk;

G.

in the case of a recall petition or a proposed recall petition filed under Minnesota Statutes, chapter 211C, the secretary of state;

H.

in the case of a removal petition filed under Minnesota Statutes, section 351.16, the county auditor; or

I.

in the case of a recall petition or a proposed recall petition filed pursuant to a municipal charter or ordinance, the municipal clerk.

Subp. 3.

Filing procedures.

The person filing the petition must submit the entire petition at one time to the filing officer. The petitioners may submit the petition by mail, messenger, or similar delivery service. Filing of a petition is effective upon receipt by the filing officer. Petition pages must not be altered by anyone except the filing officer for verification purposes after the petition has been filed.

Subp. 4.

Receipt.

The filing officer must provide the person filing the petition with a receipt for the petition. The receipt must include the type of petition filed; the name, address, and telephone number of the person submitting the petition; the date on which the petition was filed; and the total number of pages in the petition submitted.

Statutory Authority:

MS s 204B.071; 211C.03; 211C.04; 211C.06

History:

25 SR 616; 34 SR 1561

Published Electronically:

May 26, 2010