2002 Minnesota Statutes

     204B.11 Candidates; filing fees; petition in place of 
  filing fee. 

    Subdivision 1.    Amount; dishonored checks; consequences. 
  Except as provided by subdivision 2, a filing fee shall be 
 paid by each candidate who files an affidavit of candidacy.  The 
 fee shall be paid at the time the affidavit is filed.  The 
 amount of the filing fee shall vary with the office sought as 
 follows: 

    (a) for the office of governor, lieutenant governor, 
 attorney general, state auditor, state treasurer, secretary of 
 state, representative in Congress, judge of the supreme court, 
 judge of the court of appeals, or judge of the district court, 
 $300; 

    (b) for the office of senator in Congress, $400; 

    (c) for office of senator or representative in the 
 legislature, $100; 

    (d) for a county office, $50; and 

    (e) for the office of soil and water conservation district 
 supervisor, $20. 

    For the office of presidential elector, and for those 
 offices for which no compensation is provided, no filing fee is 
 required. 

    The filing fees received by the county auditor shall 
 immediately be paid to the county treasurer.  The filing fees 
 received by the secretary of state shall immediately be paid to 
 the state treasurer. 

    When an affidavit of candidacy has been filed with the 
 appropriate filing officer and the requisite filing fee has been 
 paid, the filing fee shall not be refunded.  If a candidate's 
 filing fee is paid with a check, draft, or similar negotiable 
 instrument for which sufficient funds are not available or that 
 is dishonored, notice to the candidate of the worthless 
 instrument must be sent by the filing officer via registered 
 mail no later than immediately upon the closing of the filing 
 deadline with return receipt requested.  The candidate will have 
 five days from the time the filing officer receives proof of 
 receipt to issue a check or other instrument for which 
 sufficient funds are available.  The candidate issuing the 
 worthless instrument is liable for a service charge pursuant to 
 section 604.113.  If adequate payment is not made, the name of 
 the candidate must not appear on any official ballot and the 
 candidate is liable for all costs incurred by election officials 
 in removing the name from the ballot. 

    Subd. 2.    Petition in place of filing fee.  At the 
 time of filing an affidavit of candidacy, a candidate may 
 present a petition in place of the filing fee.  The petition may 
 be signed by any individual eligible to vote for the candidate.  
 A nominating petition filed pursuant to section 204B.07 or 
 204B.13, subdivision 4, is effective as a petition in place of a 
 filing fee if the nominating petition includes a prominent 
 statement informing the signers of the petition that it will be 
 used for that purpose.  

    The number of signatures on a petition in place of a filing 
 fee shall be as follows:  

    (a) for a state office voted on statewide, or for president 
 of the United States, or United States senator, 2,000; 

    (b) for a congressional office, 1,000; 

    (c) for a county or legislative office, or for the office 
 of district judge, 500; and 

    (d) for any other office which requires a filing fee as 
 prescribed by law, municipal charter, or ordinance, the lesser 
 of 500 signatures or five percent of the total number of votes 
 cast in the municipality, ward, or other election district at 
 the preceding general election at which that office was on the 
 ballot.  

    An official with whom petitions are filed shall make sample 
 forms for petitions in place of filing fees available upon 
 request.  

    HIST: 1981 c 29 art 4 s 11; 3Sp1981 c 2 art 1 s 29; 1983 c 112 
 s 1; 1983 c 247 s 85; 1987 c 175 s 5; 1987 c 404 s 155; 1990 c 
 603 s 3; 1992 c 513 art 3 s 42; 1998 c 254 art 2 s 21,22