Subdivision 1. Amount; dishonored checks; consequences. (a) Except as provided by subdivision 2, a filing fee shall be paid by each candidate who files an affidavit of candidacy. The fee shall be paid at the time the affidavit is filed. The amount of the filing fee shall vary with the office sought as follows:
(1) for the office of governor, lieutenant governor, attorney general, state auditor, secretary of state, representative in Congress, judge of the supreme court, judge of the court of appeals, or judge of the district court, $300;
(2) for the office of senator in Congress, $400;
(3) for office of senator or representative in the legislature, $100;
(4) for a county office, $50; and
(5) for the office of soil and water conservation district supervisor, $20.
(b) For the office of presidential elector, and for those offices for which no compensation is provided, no filing fee is required.
(c) The filing fees received by the county auditor shall immediately be paid to the county treasurer. The filing fees received by the secretary of state shall immediately be paid to the commissioner of management and budget.
(d) When an affidavit of candidacy has been filed with the appropriate filing officer and the requisite filing fee has been paid, the filing fee shall not be refunded. If a candidate's filing fee is paid with a check, draft, or similar negotiable instrument for which sufficient funds are not available or that is dishonored, notice to the candidate of the worthless instrument must be sent by the filing officer via registered mail no later than immediately upon the closing of the filing deadline with return receipt requested. The candidate will have five days from the time the filing officer receives proof of receipt to issue a check or other instrument for which sufficient funds are available. The candidate issuing the worthless instrument is liable for a service charge pursuant to section 604.113. If adequate payment is not made, the name of the candidate must not appear on any official ballot and the candidate is liable for all costs incurred by election officials in removing the name from the ballot.
Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of candidacy, a candidate may present a petition in place of the filing fee. The petition may be signed by any individual eligible to vote for the candidate. A nominating petition filed pursuant to section 204B.07 is effective as a petition in place of a filing fee if the nominating petition includes a prominent statement informing the signers of the petition that it will be used for that purpose.
The number of signatures on a petition in place of a filing fee shall be as follows:
(a) for a state office voted on statewide, or for president of the United States, or United States senator, 2,000;
(b) for a congressional office, 1,000;
(c) for a county or legislative office, or for the office of district judge, 500; and
(d) for any other office which requires a filing fee as prescribed by law, municipal charter, or ordinance, the lesser of 500 signatures or five percent of the total number of votes cast in the municipality, ward, or other election district at the preceding general election at which that office was on the ballot.
An official with whom petitions are filed shall make sample forms for petitions in place of filing fees available upon request.
1981 c 29 art 4 s 11; 3Sp1981 c 2 art 1 s 29; 1983 c 112 s 1; 1983 c 247 s 85; 1987 c 175 s 5; 1987 c 404 s 155; 1990 c 603 s 3; 1992 c 513 art 3 s 42; 1998 c 254 art 2 s 21,22; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 109; 2012 c 187 art 1 s 30
Structure Minnesota Statutes
Chapters 200 - 212 — Elections
Chapter 204B — Election Administration; General Provisions
Section 204B.01 — Definitions.
Section 204B.02 — Application.
Section 204B.03 — Manner Of Nomination.
Section 204B.04 — Candidacy; Prohibitions.
Section 204B.06 — Filing For Primary; Affidavit Of Candidacy.
Section 204B.07 — Nominating Petitions.
Section 204B.071 — Petitions; Rules Of Secretary Of State.
Section 204B.08 — Signing Petitions.
Section 204B.09 — Time And Place Of Filing Affidavits And Petitions.
Section 204B.10 — Affidavits Of Candidacy; Nominating Petitions; Duties.
Section 204B.11 — Candidates; Filing Fees; Petition In Place Of Filing Fee.
Section 204B.12 — Withdrawal Of Candidates.
Section 204B.13 — Vacancy In Nomination; Partisan Office.
Section 204B.131 — Vacancy In Nomination; Nonpartisan Office.
Section 204B.135 — Redistricting Of Election Districts.
Section 204B.14 — Election Precincts.
Section 204B.145 — Duties Of Secretary Of State; Redistricting.
Section 204B.146 — Duties Of Secretary Of State.
Section 204B.15 — Unorganized Territory; Election Precincts.
Section 204B.16 — Polling Places; Designation.
Section 204B.175 — Change Of Polling Place In An Emergency.
Section 204B.18 — Polling Places; Equipment.
Section 204B.181 — Election Emergency Plans.
Section 204B.19 — Election Judges; Qualifications.
Section 204B.195 — Time Off From Work To Serve As Election Judge.
Section 204B.20 — Election Board; Head Election Judge; Duties.
Section 204B.21 — Appointment Of Election Judges.
Section 204B.22 — Election Judges; Number Required.
Section 204B.23 — Vacancies Among Election Judges.
Section 204B.24 — Election Judges; Oath.
Section 204B.25 — Training For Election Judges.
Section 204B.26 — Election Judges; Violations; Penalties.
Section 204B.27 — Duties Of Secretary Of State.
Section 204B.28 — Clerks; Election Supplies; Duties.
Section 204B.29 — Election Judges; Election Supplies; Duties.
Section 204B.30 — Unofficial Ballots.
Section 204B.31 — Compensation For Election Services.
Section 204B.32 — Election Expenses; Payment.
Section 204B.33 — Notice Of Filing.
Section 204B.34 — Notice Of Election.
Section 204B.35 — Preparation Of Ballots.
Section 204B.36 — Ballots; Form.
Section 204B.37 — Back Of Ballot.
Section 204B.38 — Names On Ballots; Identical Descriptive Words.
Section 204B.39 — Substitute Ballots.
Section 204B.40 — Ballots; Election Records And Other Materials; Disposition; Inspection Of Ballots.
Section 204B.43 — Unlawful Printing Or Distribution Of Ballots; Penalty.
Section 204B.44 — Errors And Omissions; Remedy.
Section 204B.45 — Mail Balloting.
Section 204B.46 — Mail Elections; Questions.
Section 204B.47 — Alternative Election Procedures; Duties Of Secretary Of State.