2000 Minnesota Statutes

CHAPTER 200. General provisions; definitions

  200.01 Citation, Minnesota Election Law. 

    This chapter and chapters 201, 202A, 203B, 204B, 204C, 
 204D, 205, 205A, 206, 208, 209, 211A, 211B, and 211C shall be 
 known as the Minnesota Election Law. 

    HIST: 1959 c 675 art 1 s 1; 1981 c 29 art 1 s 1; 1987 c 266 
 art 1 s 1; 1988 c 578 art 1 s 1; 1996 c 469 art 2 s 1 

     200.015 Application. 

    The Minnesota Election Law applies to all elections held in 
 this state unless otherwise specifically provided by law. 

    HIST: 1981 c 29 art 1 s 2; 1987 c 266 art 1 s 2 

  200.02 Definitions. 

    Subdivision 1.    Application.  The terms defined in 
 this section apply to the Minnesota Election Law.  

    Subd. 2.    General election.  "General election" means 
 an election held at regular intervals on a day determined by law 
 or charter at which the voters of the state or any of its 
 subdivisions choose by ballot public officials or presidential 
 electors.  

    Subd. 3.    Primary.  "Primary" means an election at 
 which the voters of the state or any of its subdivisions choose 
 by ballot the nominees for the offices to be filled at a general 
 election.  

    Subd. 4.    Special election.  "Special election" means: 

    (a) An election held at any time to fill vacancies in 
 public offices; or 

    (b) An election held by a subdivision of the state for a 
 special purpose.  

    Subd. 5.    Special primary.  "Special primary" means an 
 election held to choose the nominees for vacant public offices 
 to be filled at a special election. 

    Subd. 6.    Political party.  "Political party" means an 
 association of individuals under whose name a candidate files 
 for partisan office.  

    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 has presented at least one candidate for election 
 to a partisan office at the last preceding state general 
 election, which candidate 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) whose members present to the secretary of state a 
 petition for a place on the state partisan primary ballot, which 
 petition 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. 

    Subd. 8.    City.  "City" means a home rule charter or 
 statutory city. 

    Subd. 9.  MS 1971 Repealed, 1973 c 123 art 3 s 7 

    Subd. 9.    Municipality.  "Municipality" means any city 
 or town. 

    Subd. 10.    Governing body.  "Governing body" means the 
 board of commissioners of a county, the elected council of a 
 city, or the board of supervisors of a town.  

    Subd. 11.    Precinct.  "Precinct" means a geographical 
 area the boundaries of which are established for election 
 purposes in accordance with section 204B.14. 

    Subd. 12.    Polling place.  "Polling place" means the 
 place of voting. 

    Subd. 13.    Convention.  "Convention" means an 
 organized body of delegates assembled for the purpose of 
 transacting the business of a major political party. 

    Subd. 14.    Election board.  "Election board" means the 
 election judges serving in a precinct. 

    Subd. 15.    Eligible voter.  "Eligible voter" means an 
 individual who is eligible to vote under section 201.014. 

    Subd. 16.    County auditor.  "County auditor" means the 
 county auditor or, in counties where that office does not exist, 
 the principal county officer charged with duties relating to 
 elections.  

    Subd. 17.    Member of a major political party.  "Member 
 of a major political party" means an individual who:  

    (a) Supports the general principles of that party's 
 constitution; 

    (b) Voted for a majority of that party's candidates in the 
 last general election; or 

    (c) Intends to vote for a majority of that party's 
 candidates in the next general election. 

    Subd. 18.    Oath, swear, sworn.  "Oath" means an oath 
 or affirmation, as the conscience of the individual dictates.  
 If an affirmation is given instead of an oath, "swear" means to 
 affirm and "sworn" means affirmed.  

    Subd. 19.    School district.  "School district" means 
 an independent, special, or county school district. 

    Subd. 20.    Statewide registration system.  "Statewide 
 registration system" means the computerized central statewide 
 voter registration system and database developed and maintained 
 by the secretary of state pursuant to section 201.022.  

    Subd. 21.    Local election official.  "Local election 
 official" means the municipal clerk or principal officer charged 
 with duties relating to elections. 

    Subd. 22.  Expired 

    Subd. 23.    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. 

    HIST: 1959 c 675 art 1 s 2; Ex1961 c 10 s 1; 1973 c 123 art 3 
 s 1; art 5 s 7; 1973 c 576 s 1; 1973 c 676 s 1,2; 1973 c 725 s 
 37; 1978 c 725 s 2; 1981 c 29 art 1 s 3; 1984 c 560 s 1; 1987 c 
 266 art 1 s 3; 1990 c 585 s 1; 1991 c 227 s 3; 1996 c 419 s 
 2,3,10; 1999 c 220 s 48 

  200.03 Repealed, 1959 c 675 art 13 s 1 

     200.031 Determination of residence. 

    Residence shall be determined in accordance with the 
 following principles, so far as they may be applicable to the 
 facts of the case:  

    (a) The residence of an individual is in the precinct where 
 the individual's home is located, from which the individual has 
 no present intention of moving, and to which, whenever the 
 individual is absent, the individual intends to return; 

    (b) An individual does not lose residence if the individual 
 leaves home to live temporarily in another state or precinct; 

    (c) An individual does not acquire a residence in any 
 precinct of this state if the individual is living there only 
 temporarily, without the intention of making that precinct home; 

    (d) If an individual goes into another state or precinct 
 with the intention of making it home or files an affidavit of 
 residence there for election purposes, the individual loses 
 residence in the former precinct; 

    (e) If an individual moves to another state with the 
 intention of living there for an indefinite period, the 
 individual loses residence in this state, notwithstanding any 
 intention to return at some indefinite future time; 

    (f) Except as otherwise provided in this section, an 
 individual's residence is located in the precinct where the 
 individual's family lives, unless the individual's family is 
 living in that precinct only temporarily; 

    (g) If an individual's family lives in one precinct and the 
 individual lives or does business in another, the individual's 
 residence is located in the precinct where the individual's 
 family lives, unless the individual establishes a home in the 
 other precinct and intends to remain there, with or without the 
 individual's family; 

    (h) The residence of a single individual is in the precinct 
 where the individual lives and usually sleeps; 

    (i) The mere intention to acquire a new residence, is not 
 sufficient to acquire a new residence, unless the individual 
 moves to that location; moving to a new location is not 
 sufficient to acquire a new residence unless the individual 
 intends to remain there; 

    (j) The residence of an individual who is working 
 temporarily in any precinct of this state is in the precinct 
 where the individual's permanent home is located; 

    (k) The residence of an individual who is living 
 permanently in a soldiers' home or nursing home is in the 
 precinct where the home is located; 

    (l) If an individual's home lies in more than one precinct 
 or political subdivision, the residence of the individual is in 
 the precinct in which a majority of the room in which the 
 individual usually sleeps is located; 

    (m) If an individual's home is destroyed or rendered 
 uninhabitable by fire or natural disaster, the individual does 
 not lose residence in the precinct where the home is located if 
 the individual intends to return to the home when it is 
 reconstructed or made habitable. 

    HIST: 1981 c 29 art 1 s 4; 1986 c 444; 1997 c 147 s 1; 1999 c 
 132 s 2 

  200.04-200.38 Repealed, 1959 c 675 art 13 s 1