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Minnesota Legislature

Affidavit of candidacy requirements

Published (5/13/2010)
By Patty Ostberg
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Those running in a legislative election must live in the district for at least six months prior to filing for the seat. A new law creates an administrative remedy to remove a person seeking candidacy from the ballot if it is determined they reside outside district boundaries.

Sponsored by Rep. Phyllis Kahn (DFL-Mpls) and Sen. Sandy Pappas (DFL-St. Paul), the law’s impetus is from a court case in Kahn’s district where an opponent actually resided in a different district, but was still able to be on the primary ballot.

Signed May 11 by Gov. Tim Pawlenty, the new law allows for a filing officer to determine whether a candidate’s residential address is within the district. If they are not, the officer must immediately notify a candidate and remove them from the ballot.

Under the law, an affidavit of candidacy requires a candidate’s residential address and telephone number. A candidate’s residential address may be considered private data if a police report has been submitted or an order of protection completed.

The law also:

• permits a candidate to access apartments or dormitories in their district;

• clarifies who is considered a candidate, including if they have filed an affidavit of candidacy for elected office; and

• makes a technical clarification to an absentee ballot that members of a ballot board may declare “accepted.”

Candidates for office and resident address changes are effective May 18, 2010. Political candidate access to apartments is effective May 12, 2010, and the ballot board technical change is effective June 25, 2010.

HF655*/ SF531/CH314

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