2007 Minnesota Statutes

204B.13 VACANCY IN NOMINATION.
    Subdivision 1. Death or withdrawal. A vacancy in nomination may be filled in the manner
provided by this section. A vacancy in nomination exists when:
(a) a major political party candidate or nonpartisan candidate who was nominated at a
primary dies or files an affidavit of withdrawal as provided in section 204B.12, subdivision 2a; or
(b) a candidate for a nonpartisan office, for which one or two candidates filed, dies or files an
affidavit of withdrawal as provided in section 204B.12, subdivision 1.
    Subd. 2. Partisan office; nomination by party. (a) A vacancy in nomination for partisan
office shall be filled as provided in this subdivision. A major political party has the authority to fill
a vacancy in nomination of that party's candidate by filing a nomination certificate with the same
official who received the affidavits of candidacy for that office.
(b) A major political party may provide in its governing rules a procedure, including
designation of an appropriate committee, to fill vacancies in nomination for all offices elected
statewide. The nomination certificate shall be prepared under the direction of and executed by
the chair and secretary of the political party and filed within seven days after the vacancy in
nomination occurs or before the 14th day before the general election, whichever is sooner. If the
vacancy in nomination occurs through the candidate's death or catastrophic illness, the nomination
certificate must be filed within seven days after the vacancy in nomination occurs but no later
than four days before the general election. The chair and secretary when filing the certificate shall
attach an affidavit stating that the newly nominated candidate has been selected under the rules of
the party and that the individuals signing the certificate and making the affidavit are the chair
and secretary of the party.
    Subd. 3.[Repealed, 1991 c 320 s 16]
    Subd. 4. Nonpartisan office; filling vacancy by nominating petitions. A vacancy in
nomination in a nonpartisan office may be filled by nominating petition in the manner provided in
sections 204B.06 to 204B.09. The petition shall be filed within one week after the vacancy in
nomination occurs, but not later than four calendar days before the election.
An eligible voter is eligible to sign a nominating petition to fill a vacancy in nomination
without regard to whether that eligible voter intends to vote or did vote for any candidate for that
office at the primary or signed other nominating petitions for candidates for that office.
    Subd. 5. Candidates for governor and lieutenant governor. (a) If a vacancy in nomination
occurs in the race for governor, the candidate for governor determined under this section shall
select the candidate for lieutenant governor. If a vacancy in nomination occurs in the race for
lieutenant governor, due to a vacancy in nomination for governor or due to the withdrawal
or death of the candidate for lieutenant governor, the candidate for governor shall select the
candidate for lieutenant governor as provided in this subdivision.
(b) For a vacancy in nomination that occurs before the 16th day before the general election,
the name of the lieutenant governor candidate must be submitted by the governor candidate to
the filing officer within seven days after the vacancy occurs, or before the 14th day before the
general election, whichever is sooner. If the vacancy in nomination occurs through the death or
catastrophic illness of the candidate for lieutenant governor, the candidate for governor shall
submit the name of the new lieutenant governor candidate to the secretary of state within seven
days after the vacancy in nomination occurs but no later than four days before the general election.
If the vacancy in nomination occurs through the death or catastrophic illness of the candidate
for governor, the new candidate for governor shall submit the name of the lieutenant governor
candidate within seven days after the vacancy in nomination for governor is filled under section
204B.13, subdivision 2, but no later than four days before the general election.
    Subd. 6. Vacancy after deadline. If a candidate withdraws after the 16th day before the
general election but before four days before the general election, the secretary of state shall
instruct the election judges to strike the name of the withdrawn candidate from the general
election ballot and shall substitute no other candidate's name. Filing officers may not accept a
nomination certificate for filing to fill a vacancy in nomination resulting from the filing of an
affidavit of withdrawal by a candidate after the 14th day before the general election. Vacancies
occurring through death or catastrophic illness after the 16th day before the general election
are governed by section 204B.41.
History: 1981 c 29 art 4 s 13; 1986 c 444; 1991 c 320 s 8-12