2004 Minnesota Statutes

     211A.09 Forfeiture of nomination or office. 

    Subdivision 1.    Forfeiture required.  Except as 
 provided in subdivision 2, if a candidate is convicted of 
 violating a provision of this chapter or if an offense was 
 committed by another individual with the knowledge, consent, or 
 connivance of the candidate, the court, after entering the 
 adjudication of guilty, shall enter a supplemental judgment 
 declaring that the candidate has forfeited the nomination or 
 office.  If the court enters the supplemental judgment, it shall 
 transmit to the filing officer a transcript of the supplemental 
 judgment, the nomination or office becomes vacant, and the 
 vacancy must be filled as provided by law. 

    Subd. 2.    Circumstances where nomination or office not 
 forfeited.  In a trial for a violation of this chapter, the 
 candidate's nomination or election is not void if the court 
 finds that: 

    (1) an offense, though committed by the candidate or with 
 the candidate's knowledge, consent, or connivance, was trivial; 
 or 

    (2) an act or omission of a candidate arose from accidental 
 miscalculation or other reasonable cause, but in any case not 
 from a want of good faith, and that it would be unjust for the 
 candidate to forfeit the nomination or election.  

    Neither of these findings is a defense to a conviction 
 under this chapter. 

    HIST: 1988 c 578 art 2 s 9