Laserfiche WebLink
Sec. 4.2. - Filing for office. <br />All persons who shall desire to be elected to any elected <br />office shall file an affidavit not more than ten weeks 84 days <br />nor less than eight weeks 70 days before the primary election <br />with the city clerk, paying a filing fee to the city clerk in an <br />amount as set by ordinance or filing a nominating petition. <br />The clerk shall also accept an application for candidacy as <br />authorized by state law. <br />The city clerk shall prepare and have printed at the expense of <br />the city the necessary ballots or other required material for <br />such election. <br />The ballots or other material shall contain no political party <br />designation of any candidate and the names of the candidates <br />for each office shall be rotated in the manner provided by <br />state lawmay be arranged on the ballot alphabetically <br />according to the surname of each candidate. Consistent with <br />state law 4the ballots or the results shall be counted and <br />preserved and the city clerk shall be the final custodian of <br />such ballots or returns for the city. <br />A sample ballot or a facsimile representation of the ballot <br />shall be posted at the place of election at least one week <br />before such election by the city clerk, whose duty it is to <br />preserve such sample ballots. <br />Commentary: <br />The first clause of the first sentence, related to the timing of the filing of an <br />affidavit, conflicts with state law related to certain filing deadlines. State law sets the <br />filing period for "a city nominating candidates at a primary, ... for a city office voted on <br />in November." Minn. Stat. § 205.13, subd. 1 a. In that case, "an affidavit of candidacy <br />for a city office voted on in November must be filed no more than 84 days nor less than <br />70 days before the city primary." See id.2 Thus, to the extent that the first clause of the <br />2 Note that, while the statute sets the filing period for non -November elections for <br />"municipalities that do not hold a primary," the statute does not address any non - <br />November elections for municipalities that do hold a primary. Minn. Stat. § 205.13, <br />subd. 1 a. This suggests that the City could set its own deadlines for non -November <br />elections. The Secretary of State's election guide does not explicitly recognize this <br />authority for cities, however, so there may be some risk in taking this position. <br />5 <br />