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204D.13 White ballot; partisan offices.

Subdivision 1. Order of offices. The candidates for partisan offices shall be placed first on the white ballot and shall appear in the following order: senator in Congress shall be first; representative in Congress, second; state senator, third; and state representative, fourth. The candidates for state offices shall follow in the order specified by the secretary of state. Candidates for governor and lieutenant governor shall appear so that a single vote may be cast for both offices.

Subd. 2. Order of political parties. The first name printed for each partisan office on the white ballot shall be that of the candidate of the major political party that received the smallest average number of votes at the last state general election. The succeeding names shall be those of the candidates of the other major political parties that received a succeedingly higher average number of votes respectively. For the purposes of this subdivision, the average number of votes of a major political party shall be computed by dividing the total number of votes counted for all of the party's candidates for statewide office at the state general election by the number of those candidates at the election.

On voting machines the first name printed for each office means the position nearest the top or left edge of the machine, whichever applies.

Subd. 3. Nominees by petition; placement on ballot. The names of candidates nominated by petition for a partisan office voted on at the state general election shall be placed on the white ballot after the names of the candidates for that office who were nominated at the state primary. Candidates nominated by petition shall be placed on the ballot in the order in which the petitions were filed. The political party or political principle of the candidate as stated on the petition shall be placed after the name of a candidate nominated by petition. The word "nonpartisan" shall not be used to designate any partisan candidate whose name is placed on the white ballot by nominating petition.

Subd. 4. Simultaneous nomination. A candidate who is nominated by a major political party and one or more minor political parties shall appear on the ballot in the space designated for the major political party candidate for the office sought. A candidate who is nominated by more than one minor political party but is not the nominee of a major political party shall appear on the ballot in the position designated for the first party filing a nominating petition with the filing officer. The name of each political party nominating the candidate shall appear on the ballot with the candidate's name.

HIST: 1981 c 29 art 6 s 13; 1983 c 253 s 20; 1996 c 419 s 8

* NOTE: The amendments to this section by Laws 1996, chapter *419, are suspended during any time that the decision of the *eighth circuit court of appeals in Twin Cities Area New Party v. *McKenna, No. 94-3417MN, is stayed or the mandate of the court is *recalled. If the McKenna decision is reversed, the amendments *to this section expire and the prior law is revived. Laws 1996, *chapter 419, section 10.

Official Publication of the State of Minnesota
Revisor of Statutes