1.1 A bill for an act
1.2 relating to elections; modifying requirements for identifying and verifying a
1.3 candidate's residence on an affidavit of candidacy; providing a criminal penalty;
1.4 amending Minnesota Statutes 2024, section 204B.06, subdivision 1b.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 204B.06, subdivision 1b, is amended to read:
1.7 Subd. 1b.Address, electronic mail address, and telephone number. (a) An affidavit
1.8 of candidacy must state a telephone number where the candidate can be contacted. An
1.9 affidavit must also state the candidate's or campaign's nongovernment issued electronic
1.10 mail address or an attestation that the candidate and the candidate's campaign do not possess
1.11 an electronic mail address. An affidavit must also state the candidate's current address of
1.12 residence as determined under section 200.031, or at the candidate's request in accordance
1.13 with paragraph (c), the candidate's campaign contact address and include a statement, signed
1.14 under oath by at least two residents of the district who are not related to the candidate,
1.15 attesting to their personal knowledge that the candidate resides at the address identified in
1.16 the affidavit. When filing the affidavit, the candidate must present the filing officer with
1.17 the candidate's valid driver's license or state identification card that contains the candidate's
1.18 current address of residence, or documentation of proof of residence authorized for election
1.19 day registration in section 201.061, subdivision 3, paragraph (a), clause (2); clause (3), item
1.20 (ii); or paragraph (d). If the address on the affidavit and the documentation do not match,
1.21 the filing officer must not accept the affidavit. The form for the affidavit of candidacy must
1.22 allow the candidate to request, if eligible, that the candidate's address of residence be
1.23 classified as private data, and to provide the certification required under paragraph (c) for
1.24 classification of that address.
2.1 (b) If an affidavit for an office where a residency requirement must be satisfied by the
2.2 close of the filing period is filed as provided by paragraph (c), the filing officer must, within
2.3 one business day of receiving the filing, determine whether the address provided in the
2.4 affidavit of candidacy is within the area represented by the office the candidate is seeking.
2.5 For all other candidates who filed for an office whose residency requirement must be satisfied
2.6 by the close of the filing period, a registered voter in this state may request in writing that
2.7 the filing officer receiving the affidavit of candidacy review the address as provided in this
2.8 paragraph, at any time up to one day after the last day for filing for office. If requested, the
2.9 filing officer must determine whether the address provided in the affidavit of candidacy is
2.10 within the area represented by the office the candidate is seeking. If the filing officer
2.11 determines that the address is not within the area represented by the office, the filing officer
2.12 must immediately notify the candidate and the candidate's name must be removed from the
2.13 ballot for that office. A determination made by a filing officer under this paragraph is subject
2.14 to judicial review under section 204B.44.
2.15 (c) If the candidate requests that the candidate's address of residence be classified as
2.16 private data, the candidate must list the candidate's address of residence on a separate form
2.17 to be attached to the affidavit. The candidate must also certify on the affidavit that either:
2.18 (1) a police report has been submitted, an order for protection has been issued, or the
2.19 candidate has a reasonable fear in regard to the safety of the candidate or the candidate's
2.20 family; or (2) the candidate's address is otherwise private pursuant to Minnesota law. The
2.21 address of residence provided by a candidate who makes a request for classification on the
2.22 candidate's affidavit of candidacy and provides the certification required by this paragraph
2.23 is classified as private data, as defined in section 13.02, subdivision 12, but may be reviewed
2.24 by the filing officer as provided in this subdivision.
2.25 (d) The requirements of this subdivision do not apply to affidavits of candidacy for a
2.26 candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff.
2.27 (e) A candidate or other signatory who willfully makes a false statement on an affidavit
2.28 of candidacy is guilty of a crime and may be sentenced to 90 days imprisonment, a $10,000
2.29 fine, or both.
2.30 EFFECTIVE DATE. This section is effective the day following final enactment and
2.31 applies to affidavits of candidacy submitted during filing periods beginning on or after that
2.32 date.
