Purpose

• The bill changes Minnesota election law to overhaul how minor political parties gain and keep ballot access, how they nominate candidates, and how presidential electors and related ballots are handled. It redefines what qualifies as a minor political party, sets new rules for conventions and party governance, changes nomination and petition requirements, and alters procedures for vacancies, special elections, and ballot ordering.

Key definitions and concepts

• Minor political party: A party that meets specific organizational criteria (state constitution designation, state party chair, recent state convention, maintained party structure, compliance with the party’s constitution/rules) and satisfies vote or petition thresholds to be recognized statewide or in a legislative district.
• State convention: The party’s top governing gathering, held at least every two years.
• Political party governance: The party’s state executive committee and officers must file the party’s constitution and amendments with the secretary of state.
• Affidavit of candidacy: A sworn form required for certain candidacies, including minor party candidates, to place names on ballots.
• Nominating petition: A petition used in some cases (not the general rule for minor party candidates) to qualify for ballot access.
• Presidential electors: The individuals who cast Minnesota’s electoral votes for president and vice president; procedures differ for major vs. minor parties.

Main Provisions and what the bill seeks to accomplish

• Minor party status and thresholds (Sec. 1)

  • Establishes criteria for a party to be considered a minor political party in statewide elections.
  • Thresholds include having a candidate for governor/lieutenant governor, secretary of state, state auditor, or attorney general (or two candidates for presidential electors or U.S. senator) who, across counties, meet at least 1% of total votes, plus filing a nominating petition with valid signatures equal to at least 1% of votes cast in the preceding general election. Signatures must be dated within the last year.
  • A party that meets the threshold becomes a minor party as of January 2 after the election and remains a minor party for at least two subsequent state general elections, even if it fails to meet thresholds in those elections.
  • If a minor party fails to meet the required threshold in two consecutive state general elections, it loses minor party status as of December 31 following the later election.
  • If a party becomes a major party, it loses minor party status, but votes for the major party count toward determining minor party thresholds.
  • For a party to be minor in a legislative district, it must have a candidate who receives at least 10% of the vote in that district or file a nominating petition with 10% of district votes as signatures, valid under the same one-year rule.

• Minor party governance and convention authority (Sec. 2)

  • The final authority over a minor party’s affairs lies with the party’s state convention, held at least every two years.
  • The state executive committee handles general management, subject to convention oversight.
  • The party’s constitution and amendments must be filed with the secretary of state.

• Nomination and ballot access for minor party candidates (Secs. 3–7)

  • Nomination methods differ by office:
  • Major party candidates and most nonpartisan offices use affidavits of candidacy to obtain a primary ballot spot.
  • Minor party candidates for partisan offices (except presidential elector) use affidavits of candidacy to obtain a place on the general election ballot; they are not placed on the state primary ballot.
  • Some candidates not seeking minor or major party nomination use nominating petitions.
  • Minor party candidates for partisan offices must state on the affidavit that they are a member of the party and have the party’s endorsement, and the filing must include a nomination certificate prepared by the party chair and secretary describing the party’s nomination process.
  • Petitions for presidential electors and alternates remain governed separately; major and minor party presidential elector candidates are certified under existing procedures, while other candidates for presidential electors are nominated by petition.
  • For presidential elections, a notarized affidavit of candidacy must include contact information, the presidential and vice-presidential candidates’ names and party, and a declaration of compliance with election and campaign finance laws.

• Filing periods, verification, and timing (Sec. 6)

  • Filing windows for affidavits of candidacy and nominating petitions run roughly 84 to 70 days before the state primary; the affidavit can be prepared up to 60 days before the filing period opens.
  • Presidential elector candidates (major/minor parties) have different timelines and are certified under section 208.03; non-party or petition-based candidates file petitions at least 77 days before the general election.
  • All affidavits must be filed by 5:00 p.m. on the last filing day; affidavits generally may be submitted by mail or hand, with some exceptions.

• Withdrawals and vacancies (Secs. 7–10)

  • Major party candidates may withdraw from a primary; minor party candidates may withdraw from the general election ballot, both by affidavit within two days after the last filing day.
  • Vacancies in nomination for partisan offices can be filled by party action (special election if timing requires) or by other appointment methods described in the statute. If a vacancy arises early (before 79 days prior to the general election), the party must nominate by a date earlier than the general election. If the vacancy arises late (after 79 days), the general election ballot remains, but the canvassing boards do not certify that office; a separate special election is held to fill the seat. Public notices must be issued detailing the vacancy and the process.
  • For governor/lieutenant governor vacancies, the party must nominate both offices together; if the lieutenant governor vacancy occurs late, the governor nominates a replacement, with certain timing constraints to avoid changing the general election ballot.

• Primary ballot restrictions and general ballot placement (Secs. 11–12)

  • Minor party candidates or petitions for presidential electors are not placed on the state primary ballot.
  • On the general election ballot, names must be placed for those nomination channels that are properly certified (minor party endorsement, petition nomination, etc.). Only duly nominated candidates may appear on the ballot.

• Presidential election ballot order and process (Secs. 13–15)

  • Order of presidential and vice-presidential candidates on the general election ballot is determined by a specific sequence: the major party with the smallest average statewide votes appears first, followed by other major parties by increasing average votes; petition-nominated candidates are listed after major and minor party candidates.
  • By a separate scheduling rule, the secretary of state conducts a lot-drawing process no later than 11 weeks before the general election to determine the order by party or principle.
  • Presidential elector and alternate nominations for major parties are by delegate conventions; minor parties use the state executive committee, with certification 71 days before the general election and an affirmation that the party candidates for president and vice president have no other affidavit on file.

• Administrative and naming conventions (Sec. 15)

  • Presidential ballot formatting and certification requirements for county auditors are specified, including type sizing, party designation placement, and alignment with state ballot standards.

• Effective name and citation (Sec. 16)

  • The act is designated with a formal name for reference (the act’s designation as Minor Party Ballot Access Act in the text).

Significant changes to existing law

• Redefined and expanded the criteria for what counts as a minor political party, including new thresholds and petition requirements.
• Legalized a formal two-year cycle of state conventions with explicit governance and filing duties for minor parties.
• Changed nomination pathways for minor party candidates, giving them distinctive affidavits and a required party endorsement certificate rather than universal primary ballot access.
• Created a structured process for vacancies and special elections in partisan races, including rules about pre- and post-79-day timelines and required public notices.
• Modified presidential election procedures, including order of candidates on ballots, and clarified who certifies presidential electors and alternates for minor vs. major parties.
• Prohibited minor party nominees from appearing on the state primary ballot; only certain minor party candidates can appear on the general election ballot via party endorsement or petition.
• Introduced rigorous continuity requirements for minor parties to maintain status across elections and a clear path for losing status if thresholds are not met.
• Adjusted the nomination and withdrawal timing for all partisan offices, including governor and lieutenant governor, to align with the new vacancy and special election provisions.

Potential impacts and considerations

• For voters: The ballot access landscape for minor parties would be more tightly defined, potentially reducing the number of minor party candidates appearing on the primary ballot and shaping general election choices.
• For minor parties: The act creates clearer rules for achieving and maintaining minor party status, but it also imposes specific thresholds, endorsements, and petition requirements that may be challenging to meet and sustain.
• For candidates: Minor party candidates must obtain party endorsement and file appropriate certificates; vacancies introduce new timing and process requirements, including special elections in some cases.
• For election administration: Counties and the secretary of state must implement new filing windows, notice requirements, and ballot ordering procedures, including lot-draws for ballot order and the specific sequencing for presidential candidates.

Key terms (for embeddings/search relevance)

• Minor political party
• State convention
• State executive committee
• Nomination certificate
• Affidavit of candidacy
• Nominating petition
• Presidential electors / alternates
• General election ballot
• Primary ballot
• Vacancy in nomination
• Special election
• Ballot order by lot
• Endorsement
• Petition nomination
• Cascade of thresholds (1% vote, 10% district vote)

Relevant Terms

minor political party; state convention; state executive committee; constitution filing; endorsement; nomination certificate; affidavit of candidacy; nominating petition; presidential elector; general election ballot; primary ballot; vacancy in nomination; special election; governor/lieutenant governor vacancy; lot drawing; party threshold; district 10% threshold; petition signatures; secretary of state; county auditor; ballot order.