Purpose

The bill would require presidential candidates and political party chairs to certify that the candidate meets all eligibility requirements of the United States Constitution. It would also modify how presidential electors and alternates are nominated in Minnesota, adding notarized affidavits with specific information and tightening petition requirements.

Main Provisions

• Certification requirement

  • Presidential candidates and political party chairs must certify that the candidate satisfies all eligibility requirements of the United States Constitution to be elected president (and presumably vice president) and will follow applicable election and campaign finance laws.

• Petitions for presidential electors and alternates (204B.07 Subd. 2)

  • This section does not apply to candidates for presidential elector or alternate nominated by major political parties.
  • Major party candidates for presidential elector or alternate are certified under section 208.03.
  • Other presidential electors or alternates are nominated by petition under this section.
  • On petitions nominating presidential electors or alternates, the names of the candidates for president and vice president must be added to the petition, along with the stated political party or principle.
  • One petition may nominate a slate of presidential electors equal in number to the electors to which the state is entitled, plus an alternate for each elector nominee.

• Affidavit of candidacy (with petition)

  • In addition to the petition, each nominated candidate must submit a signed notarized affidavit of candidacy for president or vice president.
  • The affidavit must include: 1) the candidate’s name 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 satisfies all requirements of the United States Constitution to be eligible to be elected to the office and that the candidate is aware of and will follow all applicable election laws and campaign finance laws.

Changes to Existing Law

• Introduces a formal certification requirement by presidential candidates and party chairs tied to U.S. Constitution eligibility.
• Reorganizes and tightens the petition process for electors and alternates, clarifying when the section applies (non-major-party candidates) and how electors/alternates are nominated.
• Requires adding the names of the president and vice president to the petition and mandates notarized affidavits with specific contact information and a constitutional eligibility declaration.
• Distinguishes major party candidates (certified under existing statute) from other electors/alternates who must be petition-nominated.

How It Would Work in Practice

• For non-major-party candidates seeking to nominate presidential electors or alternates, a petition would be filed that includes the names of the presidential and vice-presidential nominees and their associated party or principle.
• Each nominated candidate would also submit a notarized affidavit containing the required personal, contact, and office information, plus a sworn statement of constitutional eligibility and compliance with election and campaign finance laws.
• Major party candidates would continue to be certified under the existing process (section 208.03) rather than the petition-based process outlined here.

Potential Implications

• Increases the documentation and verification required to place presidential electors on the ballot for non-major parties and independent candidates.
• Could raise barriers to ballot access for smaller parties or independents by adding certification and affidavit requirements.
• Enhances accountability and transparency by tying eligibility declarations to the U.S. Constitution and by mandating precise contact and office information.

Relevant Terms - United States Constitution eligibility requirements - presidential candidate, vice president - presidential electors, alternates - petition, petitions for presidential electors or alternates - notarized affidavit of candidacy - office sought - campaign address, website, phone number, email address - political party, political principle - major political party - certification (by candidates and party chairs) - Minnesota Statutes 2025 Supplement section 204B.07 subdivision 2 - Minnesota Statutes 2025 Supplement section 204B.09 subdivision 3 - Minnesota Statutes 2024 section 208.03 - slate of presidential electors, alternate for each elector