SF3816 (Legislative Session 94 (2025-2026))

Minor Party Ballot Access Act Establishment

Related bill: HF3534

AI Generated Summary

Purpose

This bill changes how minor political parties gain and keep ballot access in Minnesota elections. It defines what counts as a minor political party, sets criteria for statewide and district-level status, changes nomination and petition requirements, and adjusts ballot design and ordering for elections involving minor parties and presidential electors.

Key provisions and main ideas

  • Minor political party definition and criteria
    • A party is a minor political party if it meets certain organizational and filing requirements and demonstrates support in elections.
    • Statewide criteria to qualify as a minor party include one of:
    • Having at least one candidate for governor/lieutenant governor, secretary of state, state auditor, or attorney general in the last general election who, across all counties, earned at least 1% of votes (with county-level performance considered).
    • Having two candidates for presidential electors or U.S. senator in the last general election who each received votes in enough counties to total at least 1% of all votes statewide.
    • Or, the party and its members submitting a nominating petition with valid signatures equal to at least 1% of the total votes cast in the preceding general election.
    • A party also must file with the secretary of state by December 31 following the most recent general election a certification showing it met the above requirements.
  • District-level (legislative) minor party criteria
    • In a legislative district, a party can be considered minor if it has:
    • Presented at least one candidate for that district’s legislative office who received at least 10% of votes there, or
    • Submitted a nominating petition with valid signatures from party members equal to 10% of the votes cast in the preceding general election for that district.
  • Status duration and loss
    • A party that qualifies as minor after a statewide election remains a minor party for at least two statewide general elections.
    • A party loses minor party status if it fails to meet the required vote thresholds in two consecutive statewide general elections.
    • If a party later qualifies to become a major party, it loses its minor party status.
  • Party governance and constitutional filing
    • Final authority over a minor party’s affairs rests with the party’s state convention (held at least every two years) and the state executive committee.
    • The party’s constitution and any amendments must be filed with the secretary of state.
  • Nomination and ballot access for minor parties
    • For major party candidates, nomination continues by primary; for minor party candidates, placement on the general election ballot relies on affidavits of candidacy (with endorsements) or nominating petitions, depending on the office.
    • Minor party candidates for partisan offices (except presidential electors) file an affidavit of candidacy and must include a statement of party membership and party endorsement.
    • A nomination certificate from the party chair/secretary must accompany the affidavit, confirming the candidate was selected under the party’s rules.
  • Presidential electors and related petitions
    • Presidential elector candidates for major and minor parties are nominated in ways set by the party (delegate conventions for major parties; state executive committees for minor parties).
    • At least 71 days before the general election, the party chair must certify the names of presidential and vice-presidential nominees and certify that party hopefuls have no conflicting affidavit on file for the ensuing general election.
    • Petitions nominating presidential electors (and alternates) are allowed for non-major party candidates, with additional requirements including notarized affidavits detailing candidate information and campaign contact details.
  • Filing deadlines and processes
    • Affidavits of candidacy and nominating petitions for county, state, and federal offices must be filed within a window of 84 to 70 days before the state primary, with notary requirements for affidavits.
    • Presidential elector filings have their own timelines, and some provisions explicitly exclude presidential electors from minor party restrictions in certain contexts.
  • Ballot placement and ordering
    • Names of candidates who have been properly nominated (by the applicable method) and endorsed by a minor party or nominated by petition will appear on the general election ballot.
    • For presidential races, the order of candidates is determined by a rule: the first name printed for president/vice president is from the major party with the smallest average vote; other major parties’ candidates are arranged by their average votes, with petition-nominated candidates placed after major and minor party candidates. A lot-drawing process determines the final order for petition-nominated candidates.
  • Ballot design for presidential elections
    • Ballots for presidential elections must present candidates in a standardized format and layout, with the party designation shown and candidate names printed in a consistent type and style across counties.

Notable changes to existing law

  • Tightens and formalizes the definition and process for establishing a minor political party, including a two-election minimum for retention and explicit mechanisms to lose minor status.
  • Shifts some ballot access procedures from the primary to the general election for minor party candidates, including requirements for affidavits, endorsements, and petitions.
  • Changes the order and method by which presidential candidates from major and minor parties appear on the ballot, including lot-drawing for petition-nominated candidates.
  • Increases formal party governance requirements, requiring state conventions and constitution filings to be maintained with the secretary of state.

Administrative and procedural details

  • Roles of officials: secretary of state, canvassing boards, county auditors, and county clerks are specified for filings, certifications, and ballot placement.
  • Vacancy rules: The bill creates detailed procedures for filling nominations in the event of death, withdrawal, or ineligibility, including timelines for filings and, in certain cases, triggering a special election.
  • Governor and lieutenant governor vacancies: The bill provides specific procedures for nominating and reporting changes when vacancies occur in the governor or lieutenant governor races, including timelines and required notices.

Summary

This act aims to reorganize how minor political parties participate in Minnesota elections by setting formal criteria for status, clarifying nomination pathways, adjusting petition and filing requirements, and redesigning ballot order and presentation for presidential elections. It emphasizes stronger party organization (state conventions and constitutions), explicit endorsement requirements for minor-party candidates, and new mechanisms to fill vacancies or run petitions at various levels of government.

Relevant Terms

minor political party, major political party, ballot access, nominating petition, affidavit of candidacy, nomination certificate, presidential electors, alternates, secretary of state, canvassing board, county auditor, county clerk, endorsement, petition signatures, general election, state primary, legislative district, governor, lieutenant governor, convention, state executive committee, constitution, certification, lot drawing, order of candidates, petition-nominated, endorsement requirements, vacancy in nomination, special election, petition for presidential electors.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 23, 2026SenateActionIntroduction and first reading
February 23, 2026SenateActionReferred toElections

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Defines minor political party in statute 200.02, incorporating eligibility criteria referenced later in the bill.",
      "modified": []
    },
    "citation": "200.02",
    "subdivision": "Subdivision 23"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Establishes Minor Political Party State Convention authority and related governance provisions.",
      "modified": []
    },
    "citation": "202A.125",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Manner of nomination: adjusts who must file for primary versus general election placement for major vs. minor parties.",
      "modified": []
    },
    "citation": "204B.03",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Adds subdivision 2a governing minor party candidates and requirements for placement on the general election ballot.",
      "modified": []
    },
    "citation": "204B.06",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Minor party candidate affidavit content and party-endorsed nomination certificate requirements.",
      "modified": []
    },
    "citation": "204B.06",
    "subdivision": "Subdivision 2a"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Prescribes timing for affidavits of candidacy and nominating petitions; notaries and presidential electors exceptions noted.",
      "modified": []
    },
    "citation": "204B.09",
    "subdivision": "Subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Withdrawal procedures from the primary/general ballots by major and minor party candidates.",
      "modified": []
    },
    "citation": "204B.12",
    "subdivision": "Subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Vacancies in nomination rules for partisan offices, including grounds (dies, withdraws, or ineligibility) and related remedies.",
      "modified": []
    },
    "citation": "204B.13",
    "subdivision": "Subdivision 1; 2; 5"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Exception for minor political parties: petition candidates cannot be placed on state primary ballots.",
      "modified": []
    },
    "citation": "204D.07",
    "subdivision": "Subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Names placed on general election ballots for qualified candidates and petitions; ensures only duly nominated candidates appear.",
      "modified": []
    },
    "citation": "204D.12",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Order of candidates for president and vice president on the ballot; lot drawing by party; petition-nominated candidates included.",
      "modified": []
    },
    "citation": "204D.13",
    "subdivision": "Subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Vacancies in nomination for partisan offices and related timing/filing rules (dies, withdraws, ineligibility).",
      "modified": []
    },
    "citation": "204D.03",
    "subdivision": "Subdivision 3"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Process for filling vacancies in nomination for partisan offices with timelines.",
      "modified": []
    },
    "citation": "204D.10",
    "subdivision": "Subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Nomination of presidential electors and alternates; major/minor party procedures and certification.",
      "modified": []
    },
    "citation": "208.03",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Form and presentation of presidential ballots; layout and certification requirements.",
      "modified": []
    },
    "citation": "208.04",
    "subdivision": "Subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Notarial and oath administration reference used in candidate filings.",
      "modified": []
    },
    "citation": "358.10",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to election-related provisions within chapter 325L.",
      "modified": []
    },
    "citation": "325L",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Petitions for presidential electors and alternates; designation of party in petition and related filing rules.",
      "modified": []
    },
    "citation": "204B.07",
    "subdivision": "Subdivision 2 (2025 Supplement)"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Court order grounds referenced concerning nomination and eligibility for candidacy.",
      "modified": []
    },
    "citation": "204B.44",
    "subdivision": ""
  }
]

Progress through the legislative process

17%
In Committee
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