Minnesota Legislature Deletes the Two Provisions from the Omnibus Election Law Bill that Help Ballot Access

On May 20, the Minnesota House amended SF 2381, the omnibus election law bill. The amendment deletes the only two provisions of the bill that ease ballot access. The amendment was moved by Representative Tim Sanders (R-Blaine). The next day, the House passed the amended bill, and the Senate concurred. Governor Mark Dayton signed the bill on May 22.

Minnesota has traditionally been friendly to candidates that run outside the two major parties, but that is no longer the case. Minnesota is one of only eleven states with no ballot-qualified parties other than the Democratic and Republican Parties. The Minnesota petition for a group to become a qualified party, passed in 1913, is so stringent, it has never been used. It requires the signatures of 5% of the last vote cast, due May 2. Because the legislature made no ballot access improvements during 2016, it is likely that one or several unqualified parties will sue the state next year. Under the 8th circuit precedent McLain v Meier, the Minnesota party petition is probably unconstitutionally difficult. Minnesota is in the 8th circuit. McLain v Meier struck down the North Dakota party petition, which required 15,000 signatures and was due June 1.


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