Minnesota Administrative Rules

8205.3200 VERIFYING STATEWIDE MAJOR POLITICAL PARTY RECOGNITION PETITION AND STATEWIDE MINOR POLITICAL PARTY RECOGNITION PETITION.

Subpart 1.

Verifying the statewide political party recognition petitions.

The secretary of state shall verify each statewide Major Political Party Recognition Petition and each statewide Minor Political Party Recognition Petition by the following method.

A.

The secretary of state shall determine whether the petition was filed before the close of the filing period for state and federal offices. If the secretary of state determines that the petition was not filed before the close of filing for state and federal offices, the secretary of state shall dismiss the petition and notify the petitioners of the reason for dismissal.

B.

The secretary of state shall inspect the form of the major or minor political party recognition petition to determine whether or not it complies with requirements in parts 8205.1010 to 8205.1040 and 8205.3000.

C.

The secretary of state shall inspect each petition to determine whether or not it has been signed by a number of eligible persons equal to at least:

(1)

five percent of the total number of individuals who voted in the preceding state general election for qualification as a major political party; or

(2)

one percent of the total number of individuals who voted in the preceding state general election for qualification as a minor political party.

If the petition has not been signed by the required number of eligible persons and the filing deadline has passed during the verification process, the secretary of state shall dismiss the petition and notify the petitioners of the reason for dismissal. If the petition has not been signed by the required number of eligible persons but the filing deadline has not passed, the secretary of state shall notify the petitioners:

(a)

that the petition has not been signed by the required number of eligible persons;

(b)

of the number of additional signatures needed;

(c)

that the filing deadline has not yet passed;

(d)

of the date of the filing deadline; and

(e)

that the petitioners may provide the secretary of state with the required number of additional signatures before the close of the filing period.

If the petitioners do not provide the necessary number of additional signatures before the end of the filing period, the secretary of state shall dismiss the petition and notify the petitioners. If the petitioners provide the necessary number of required signatures before the close of the filing period, the secretary of state shall continue the verification process.

D.

The secretary of state shall use a random sampling technique to verify that the persons signing the petition are eligible persons.

(1)

The sample size must be 2,000 signatures for a statewide political party recognition petition.

(2)

The secretary of state shall consecutively number every completed signature line on the petition. The signature lines on the petition that correspond to the random number generated constitute the sample for the verification process.

(3)

The secretary of state shall verify that the address given by each signatory in the sample is in the state of Minnesota and that the birth date given by each signatory in the sample establishes that the signatory was eligible to sign the petition. The secretary of state must also determine that the signatory signed the petition not more than one year prior to filing of the petition. Signatures from persons determined by the secretary of state to be ineligible to vote must not be counted.

(4)

The secretary of state shall determine what percentage of the signatories in the sample are eligible persons.

(5)

The secretary shall multiply the total number of petition signatories by the percentage of signatories determined to be eligible persons in the sample to determine how many of the signatories on the petition are deemed to be eligible persons.

(6)

If the statistical sampling shows the number of signatories deemed to be eligible persons is less than 100 percent of the required number and the filing deadline has passed during the verification process, the secretary of state shall dismiss the petition and notify the petitioners of the reasons for the dismissal.

(7)

If the statistical sampling shows the number of signatories deemed to be eligible persons is less than 100 percent of the required number but the filing deadline has not passed during the verification process, the secretary of state shall notify the petitioners:

(a)

that the petition has not been signed by the required number of eligible persons;

(b)

of the number of additional signatures needed;

(c)

that the filing period has not expired;

(d)

of the date on which the filing period expires; and

(e)

that the petitioners may provide the secretary of state with the required number of additional signatures before the filing deadline.

If the petitioners do not provide the secretary of state with additional signatures before the end of the filing period, the secretary of state shall dismiss the petition and notify the petitioners. If the petitioners provide the secretary of state with additional signatures, the secretary of state shall reverify the petition using the procedure described in this subpart.

E.

If the secretary of state determines that the petition satisfies the form requirements in parts 8205.1010 and 8205.3000, that the petition has been filed prior to the close of the filing deadline for state and federal candidates, that the petition has been signed by the required number of signatories, and that the statistical sampling shows the number of signatories who are eligible persons is 100 percent or greater of the required number, the secretary of state shall certify the petition and immediately send written notice to the petitioners, the commissioner of the Minnesota Department of Revenue, and the executive director of the Campaign Finance and Public Disclosure Board.

Subp. 2.

Time for verification.

The secretary of state shall complete the verification of a petition no later than ten working days after the day on which the petition was filed.

Statutory Authority:

MS s 204B.071

History:

38 SR 1368; 40 SR 1553

Published Electronically:

June 15, 2016