2007 Minnesota Statutes

205.13 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
205.13 CANDIDATES, FILING.
    Subdivision 1. Affidavit of candidacy. An individual who is eligible and desires to become
a candidate for an office to be voted for at the municipal general election shall file an affidavit
of candidacy with the municipal clerk. Subject to the approval of the county auditor, the town
clerk may authorize candidates for township offices to file affidavits of candidacy with the
county auditor. The affidavit shall be in substantially the same form as that in section 204B.06,
subdivision 1 . The municipal clerk shall also accept an application signed by not less than five
voters and filed on behalf of an eligible voter in the municipality whom they desire to be a
candidate, if service of a copy of the application has been made on the candidate and proof of
service is endorsed on the application being filed. Upon receipt of the proper filing fee, the clerk
shall place the name of the candidate on the official ballot without partisan designation.
    Subd. 1a. Filing period. In municipalities nominating candidates at a municipal primary, an
affidavit of candidacy for a city office or town office voted on in November must be filed not more
than 70 days nor less than 56 days before the first Tuesday after the second Monday in September
preceding the municipal general election. In all other municipalities, an affidavit of candidacy must
be filed not more than 70 days and not less than 56 days before the municipal general election.
    Subd. 1b. Absent candidates. A candidate for municipal office who will be absent from
the state during the filing period may submit a properly executed affidavit of candidacy, the
appropriate filing fee, and any necessary petitions in person to the filing officer. The candidate
shall state in writing the reason for being unable to submit the affidavit during the filing period.
The affidavit, filing fee, and petitions must be submitted to the filing officer during the seven days
immediately preceding the candidate's absence from the state. In cities of the first class, and in
any city where the use of nominating petitions is permitted under the city's charter, a nominating
petition for a candidate who will be absent from the state during the filing period may be signed
during the 14 days immediately preceding the date when the affidavit of candidacy is filed.
    Subd. 2. Notice of filing dates. At least two weeks before the first day to file affidavits of
candidacy, the municipal clerk shall publish a notice stating the first and last dates on which
affidavits of candidacy may be filed in the clerk's office and the closing time for filing on the
last day for filing. The clerk shall post a similar notice at least ten days before the first day to
file affidavits of candidacy.
    Subd. 3. Filing fees. Unless the charter of a city provides the amount of the fee for filing
an application or affidavit of candidacy for city office, the filing fee for a municipal office is
as follows:
(a) in first class cities, $20;
(b) in second and third class cities, $5; and
(c) in fourth class cities and towns, $2.
    Subd. 4. Petition in place of fees. A candidate for municipal office may file a petition
in place of the filing fees specified in subdivision 3. The petition shall meet the requirements
of section 204B.11, subdivision 2.
    Subd. 5. Nominating petition; cities of the first class. A nominating petition filed on
behalf of a candidate for municipal office in a city of the first class shall be signed by eligible
voters who reside in the election district from which the candidate is to be elected. The number
of signers shall be at least 500, or two percent of the total number of individuals who voted in
the municipality, ward, or other election district at the last preceding municipal general election,
whichever is greater.
    Subd. 6. Withdrawal. A candidate for a municipal elective office may withdraw from the
election by filing an affidavit of withdrawal with the municipal clerk no later than 5:00 p.m.
two days after the last day for filing affidavits of candidacy. Thereafter, no candidate may file
an affidavit of withdrawal.
History: 1959 c 675 art 6 s 13; 1976 c 44 s 8; 1978 c 572 s 3; 1981 c 29 art 7 s 10; 1983 c
62 s 5; 1985 c 72 s 4; 1987 c 62 s 8; 1994 c 646 s 10,11; 1997 c 147 s 43; 2000 c 467 s 26,27;
1Sp2001 c 10 art 18 s 35