211B.17 FORFEITURE OF NOMINATION OR OFFICE; CIRCUMSTANCES WHERE
Subdivision 1. Forfeiture of nomination or office.
Except as provided in subdivision 2,
if a candidate is found guilty of violating this chapter or 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 the court also finds that it would be unjust for a candidate to forfeit the nomination or election.
None of these findings is a defense to a conviction under this chapter.
History: 1988 c 578 art 3 s 17