Minor Party Ballot Access Act Establishment

A bill for an act

relating to elections; modifying ballot access and related provisions for minor party

candidates; amending Minnesota Statutes 2024, sections 200.02, subdivision 23;

204B.03; 204B.06, by adding a subdivision; 204B.09, subdivision 1; 204B.12,

subdivision 1; 204B.13, subdivisions 1, 2, 5; 204D.07, subdivision 2; 204D.12;

204D.13, subdivision 2; 208.03; 208.04, subdivision 1; Minnesota Statutes 2025

Supplement, section 204B.07, subdivision 2; proposing coding for new law in

Minnesota Statutes, chapter 202A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 200.02, subdivision 23, is amended to read:

Subd. 23.

Minor political party.

(a) "Minor political party" means a political party that
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has adopted a state constitution, designated a state party chair, held a state convention in

the last two years, filed
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maintains a party organization in the state, has complied with the

party's constitution and rules, is in compliance with the requirements of section 202A.125,

and files
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with the secretary of state no later than December 31 following the most recent

state general election a certification that the party has met the foregoing requirements, and

met the requirements of paragraph (b) or (e), as applicable.

(b) To be considered a minor party in all elections statewide, the political party must

have presented at least one candidate:

(1) for election to the office of governor and lieutenant governor, secretary of state, state

auditor, or attorney general, at the last preceding state general election for those offices; or

(2) for election to the office of presidential elector or U.S. senator at the preceding state

general election for presidential electors; and

(3) who received votes in each county that in the aggregate equal at least one percent of

the total number of individuals who voted in the election, or its members must have presented

to the secretary of state at any time before the close of filing for the state partisan primary

ballot a nominating petition in a form prescribed by the secretary of state containing the

valid signatures of party members in a number equal to at least one percent of the total

number of individuals who voted in the preceding state general election. A signature is valid

only if signed no more than one year prior to the date the petition was filed.

(c) A political party whose candidate receives a sufficient number of votes at a state

general election described in paragraph (b) becomes a minor political party as of January

1 following that election and retains its minor party status for at least two state general

elections even if the party fails to present a candidate who receives the number and percentage

of votes required under paragraph (b) at subsequent state general elections.

(d) A minor political party whose candidates fail to receive the number and percentage

of votes required under paragraph (b) at each of two consecutive state general elections

described by paragraph (b) loses minor party status as of December 31 following the later

of the two consecutive state general elections.

(e) A minor party that qualifies to be a major party loses its status as a minor party at

the time it becomes a major party. Votes received by the candidates of a major party must

be counted in determining whether the party received sufficient votes to qualify as a minor

party, notwithstanding that the party does not receive sufficient votes to retain its major

party status. To be considered a minor party in an election in a legislative district, the political

party must have presented at least one candidate for a legislative office in that district who

received votes from at least ten percent of the total number of individuals who voted for

that office, or its members must have presented to the secretary of state a nominating petition

in a form prescribed by the secretary of state containing the valid signatures of party members

in a number equal to at least ten percent of the total number of individuals who voted in the

preceding state general election for that legislative office. A signature is valid only if signed

no more than one year prior to the date the petition was filed.

Sec. 2.

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[202A.125] MINOR POLITICAL PARTY STATE CONVENTION,

AUTHORITY OF.

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Subdivision 1.

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Time of convention.

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The final authority over the affairs of each minor

political party is vested in the party's state convention to be held at least once every two

years at the call of the party's chair or state executive committee.

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Subd. 2.

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State executive committee.

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Subject to the control of the state convention, the

general management and administrative affairs of the state party is vested in the party's

executive committee.

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Subd. 3.

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Constitution, filing.

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An officer of the state executive committee shall file with

the secretary of state a copy of the party's constitution and all amendments to the constitution

as they are enacted.

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Sec. 3.

Minnesota Statutes 2024, section 204B.03, is amended to read:

204B.03 MANNER OF NOMINATION.

Candidates of a major political party for any partisan office except presidential elector

and all candidates for nonpartisan office shall apply for a place on the primary ballot by

filing an affidavit of candidacy as provided in section
204B.06
, and except as otherwise

provided in section
204D.07, subdivision 3
, shall be nominated by primary.
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Candidates of

a minor political party for any partisan office except presidential elector shall apply for a

place on the general election ballot by filing an affidavit of candidacy as provided in section

204B.06
.
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Candidates for any partisan office who do not seek the nomination of a major
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or

minor
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political party shall be nominated by nominating petition as provided in sections

204B.07
and
204B.08
, and, except for presidential elector candidates, shall file an affidavit

of candidacy as provided in section
204B.06
.

Sec. 4.

Minnesota Statutes 2024, section 204B.06, is amended by adding a subdivision to

read:

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Subd. 2a.

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Minor party candidates.

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A candidate of a minor political party who seeks

placement on the general election ballot for a partisan office shall state on the affidavit of

candidacy that the candidate is a member of that party and has received the endorsement

of the party. The candidate filing shall include a nomination certificate, prepared under the

direction of and executed by the chair and secretary of the political party, stating the

nominated candidate has been selected under the rules of the party.

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Sec. 5.

Minnesota Statutes 2025 Supplement, section 204B.07, subdivision 2, is amended

to read:

Subd. 2.

Petitions for presidential electors and alternates.

(a) This section does not

apply to candidates for presidential elector or alternate nominated by major political parties
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or minor political parties
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. Major party candidates
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and minor party candidates
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for presidential

elector or alternate are certified under section
208.03
. Other presidential electors or alternates

are nominated by petition pursuant to this section.

(b) On petitions nominating presidential electors or alternates, the names of the candidates

for president and vice-president shall be added to the political party or political principle

stated on the petition. One petition may be filed to nominate a slate of presidential electors

equal in number to the number of electors to which the state is entitled and an alternate for

each elector nominee.

(c) In addition to the petition, each nominated candidate must submit a signed, notarized

affidavit of candidacy for president or vice president that includes the following information:

(1) the candidate's name in the form as it should appear on the ballot;

(2) the candidate's campaign address, website, phone number, and email address;

(3) the name of the political party or political principle stated on the petition;

(4) the office sought by the candidate; and

(5) a declaration that the candidate is aware of and will follow all applicable election

laws and campaign finance laws.

Sec. 6.

Minnesota Statutes 2024, section 204B.09, subdivision 1, is amended to read:

Subdivision 1.

Candidates in state and county general elections.

(a) Except as

otherwise provided by this subdivision, affidavits of candidacy and nominating petitions

for county, state, and federal offices filled at the state general election shall be filed not

more than 84 days nor less than 70 days before the state primary. The affidavit may be

prepared and signed at any time between 60 days before the filing period opens and the last

day of the filing period.

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be signed

in the presence of a notarial officer or an individual authorized to administer oaths under

section
358.10
.

(c) This provision does not apply to candidates for presidential elector nominated by

major political parties
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or minor political parties
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. Major party candidates
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and minor party

candidates
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for presidential elector are certified under section
208.03
. Other candidates for

presidential electors may file petitions at least 77 days before the general election day

pursuant to section
204B.07
. Nominating petitions to fill vacancies in nominations shall be

filed as provided in section
204B.13
. No affidavit or petition shall be accepted later than

5:00 p.m. on the last day for filing.

(d) Affidavits and petitions for county offices must be filed with the county auditor of

that county. Affidavits and petitions for federal offices must be filed with the secretary of

state. Affidavits and petitions for state offices must be filed with the secretary of state or

with the county auditor of the county in which the candidate maintains residence.

(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted by

mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and must

be received by 5:00 p.m. on the last day for filing.

Sec. 7.

Minnesota Statutes 2024, section 204B.12, subdivision 1, is amended to read:

Subdivision 1.

Before primary.

A
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major political party
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candidate may withdraw from

the primary ballot by filing an affidavit of withdrawal with the same official who received

the affidavit of candidacy.
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A minor political party candidate may withdraw from the general

election ballot by filing an affidavit of withdrawal with the same official who received the

affidavit of candidacy.
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The affidavit shall request that official to withdraw the candidate's

name from the ballot and shall be filed no later than two days after the last day for filing

for the office.

Sec. 8.

Minnesota Statutes 2024, section 204B.13, subdivision 1, is amended to read:

Subdivision 1.

Partisan office.

(a) A vacancy in nomination for a partisan office must

be filled in the manner provided by this section. A vacancy in nomination exists for a partisan

office when a major political party candidate who has been nominated in accordance with

section
204D.03, subdivision 3
, or
204D.10, subdivision 1
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, or a minor political party

candidate has been nominated in accordance with sections 204B.06, subdivision 2a, and

204D.12, clause (2)
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:

(1) dies;

(2) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), at least

one day prior to the general election with the same official who received the affidavit of

candidacy; or

(3) is determined to be ineligible to hold the office the candidate is seeking, pursuant to

a court order issued under section
204B.44
.

(b) An affidavit of withdrawal filed under paragraph (a), clause (2), must state that the

candidate has been diagnosed with a catastrophic illness that will permanently and

continuously incapacitate the candidate and prevent the candidate from performing the

duties of the office sought, if elected. The affidavit must be accompanied by a certificate

verifying the candidate's illness meets the requirements of this paragraph, signed by at least

two licensed physicians. The affidavit and certificate may be filed by the candidate or the

candidate's legal guardian.

Sec. 9.

Minnesota Statutes 2024, section 204B.13, subdivision 2, is amended to read:

Subd. 2.

Partisan office; nomination by party; special election.

(a) Except as provided

in subdivision 5, a major
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or minor
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political party may fill a vacancy in nomination of that

party's candidate as defined in subdivision 1, paragraph (a), clause (1), (2), or (3), by filing

one nomination certificate with the same official who received the affidavits of candidacy

for that office.

A major political party may provide in its governing rules a procedure, including

designation of an appropriate committee, to fill a vacancy in nomination for any federal or

state partisan office. The nomination certificate shall be prepared under the direction of and

executed by the chair and secretary of the political party and filed within the timelines

established in this section. When filing the certificate the chair and secretary shall attach an

affidavit stating that the newly nominated candidate has been selected under the rules of

the party and that the individuals signing the certificate and making the affidavit are the

chair and secretary of the party.

(b) In the case of a vacancy in nomination for partisan office that occurs on or before

the 79th day before the general election, the major
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or minor
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political party must file the

nomination certificate no later than 71 days before the general election. The name of the

candidate nominated by the party must appear on the general election ballot.

(c) Except as provided in subdivision 5, in the case of a vacancy in nomination
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of a

major political party candidate
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for a partisan office that occurs after the 79th day before the

general election, the general election ballot shall remain unchanged, but the county and

state canvassing boards must not certify the vote totals for that office from the general

election, and the office must be filled at a special election held in accordance with this

section. Except for the vacancy in nomination, all other candidates whose names appeared

on the general election ballot for the office must appear on the special election ballot for

the office. New affidavits of candidacy or nominating petitions may not be accepted, and

there must not be a primary to fill the vacancy in nomination. The major political party may

file a nomination certificate as provided in paragraph (a) no later than seven days after the

general election. On the date of the general election, the county auditor or municipal clerk

shall post a notice in each precinct affected by a vacancy in nomination under this paragraph,

informing voters of the reason for the vacancy in nomination and the procedures for filling

the vacancy in nomination and conducting a special election as required by this section.

The secretary of state shall prepare and electronically distribute the notice to county auditors

in each county affected by a vacancy in nomination.

Sec. 10.

Minnesota Statutes 2024, section 204B.13, subdivision 5, is amended to read:

Subd. 5.

Candidates for governor and lieutenant governor.

(a) If a vacancy in

nomination for a major
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or minor
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political party occurs in the race for governor, the political

party must nominate the candidates for both governor and lieutenant governor. If a vacancy

in nomination for a major
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or minor
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political party occurs in the race for lieutenant governor,

the candidate for governor shall select the candidate for lieutenant governor.

(b) For a vacancy in nomination for lieutenant governor that occurs on or before the

79th day before the general election, the name of the lieutenant governor candidate must

be submitted by the governor candidate to the filing officer no later than 71 days before the

general election. If the vacancy in nomination for lieutenant governor occurs after the 79th

day before the general election, the candidate for governor shall submit the name of the

new lieutenant governor candidate to the secretary of state within seven days after the

vacancy in nomination occurs, but no changes may be made to the general election ballots.

(c) When a vacancy in nomination for lieutenant governor occurs after the 79th day

before the general election, the county auditor or municipal clerk shall post a notice in each

precinct affected by the vacancy in nomination. The secretary of state shall prepare and

electronically distribute the notice to county auditors. The county auditor must ensure that

each precinct in the county receives the notice prior to the opening of the polls on election

day. The notice must include:

(1) a statement that there is a vacancy in nomination for lieutenant governor and the

statutory reason for the vacancy in nomination as provided in subdivision 1, paragraph (a),

clause (1), (2), or (3);

(2) a statement that the results for the governor and lieutenant governor will be counted

and that no special election will be held for that race; and

(3) a list of all candidates in the governor and lieutenant governor's race, listed in order

of the base rotation. The listing of candidates shall include the name of the candidate to fill

the vacancy in nomination for lieutenant governor. If the name of the candidate has not yet

been named, then the list must include the date by which the candidate will be named.

Sec. 11.

Minnesota Statutes 2024, section 204D.07, subdivision 2, is amended to read:

Subd. 2.

Exception;
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minor political parties;
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petition candidates.

The name of
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a minor

political party candidate or
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a candidate nominated by petition shall not be placed on any

state primary ballot.

Sec. 12.

Minnesota Statutes 2024, section 204D.12, is amended to read:

204D.12 NAMES PLACED ON GENERAL ELECTION BALLOTS.

Without payment of an additional fee, the county auditor shall place on the appropriate

state general election ballot the name of every candidate:

(1) whose nomination at the state primary has been certified by the appropriate canvassing

board;

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(2) who has received the nomination and endorsement of a minor political party and has

been certified by the secretary of state;

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(2)
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(3)
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who has been nominated by petition, including candidates certified by the secretary

of state; and

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(3)
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(4)
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who was nominated and whose name was omitted from the state nonpartisan

primary ballot pursuant to section
204D.07, subdivision 3
. Only the names of duly nominated

candidates may be placed on a ballot.

Sec. 13.

Minnesota Statutes 2024, section 204D.13, subdivision 2, is amended to read:

Subd. 2.

Order of candidates for president and vice president.

The first name printed

for president and vice president of the United States on the state general election 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. The names of candidates nominated by

petition for president and vice president shall be placed on the state general election ballot

after the names of the candidates for that office who were nominated by major political

parties
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and the minor political parties
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. No later than 11 weeks before the state general

election, the secretary of state shall determine by lot the order of candidates nominated by

petition. The drawing of lots must be by political party or principle.

Sec. 14.

Minnesota Statutes 2024, section 208.03, is amended to read:

208.03 NOMINATION OF PRESIDENTIAL ELECTORS AND ALTERNATES.

Presidential electors and alternates for the major political parties of this state shall be

nominated by delegate conventions called and held under the supervision of the respective

state central committees of the parties of this state.
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Presidential electors and alternates for

the minor political parties of this state shall be nominated by the state executive committees

of the parties.
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At least 71 days before the general election day the chair of the major political

party
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or minor political party
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shall certify to the secretary of state the names of the persons

nominated as presidential electors, the names of persons nominated as alternate presidential

electors, and the names of the party candidates for president and vice president. The chair

shall also certify that the party candidates for president and vice president have no affidavit

on file as a candidate for any office in this state at the ensuing general election.

Sec. 15.

Minnesota Statutes 2024, section 208.04, subdivision 1, is amended to read:

Subdivision 1.

Form of presidential ballots.

When presidential electors and alternates

are to be voted for, a vote cast for the party candidates for president and vice president shall

be deemed a vote for that party's electors and alternates as filed with the secretary of state.

The secretary of state shall certify the names of all duly nominated presidential and vice

presidential candidates to the county auditors of the counties of the state. Each county

auditor, subject to the rules of the secretary of state, shall cause the names of the candidates

of each major political party
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or minor political party
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and the candidates nominated by petition

to be set in type of the same size and style as for candidates on the state general election

ballot, before the party designation. To the left of, and on the same line with the names of

the candidates for president and vice president, near the margin, shall be placed an oval or

similar target shape, in which the voters may indicate their choice.

The form for the presidential ballot and the relative position of the several candidates

shall be determined by the rules applicable to other state officers. The state ballot, with the

required heading, shall be printed on the same piece of paper and shall be below the

presidential ballot with a blank space between one inch in width.

Sec. 16.
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CITATION.
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This act may be referred to as the "Minor Party Ballot Access Act."

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Sec. 17.
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EFFECTIVE DATE.
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This act is effective for elections occurring after November 3, 2026.

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