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200.02 Definitions.

Subdivision 1. Application. The terms defined in this section apply to the Minnesota election law.

Subd. 2. General election. "General election" means an election held at regular intervals on a day determined by law or charter at which the voters of the state or any of its subdivisions choose by ballot public officials or presidential electors.

Subd. 3. Primary. "Primary" means an election at which the voters of the state or any of its subdivisions choose by ballot the nominees for the offices to be filled at a general election.

Subd. 4. Special election. "Special election" means:

(a) An election held at any time to fill vacancies in public offices; or

(b) An election held by a subdivision of the state for a special purpose.

Subd. 5. Special primary. "Special primary" means an election held to choose the nominees for vacant public offices to be filled at a special election.

Subd. 6. Political party. "Political party" means an association of individuals under whose name a candidate files for partisan office.

Subd. 7. Major political party. "Major political party" means a political party that maintains a party organization in the state, political division or precinct in question and:

(1) that has presented at least one candidate for election to a partisan office at the last preceding state general election who received votes in each county in that election and received votes from not less than five percent of the total number of individuals who voted in that election; or

(2) whose members present to the secretary of state for a place on the state partisan primary ballot a petition that contains signatures of a number of the party members equal to at least five percent of the total number of individuals who voted in the preceding state general election.

Votes cast for a candidate who was the nominee of more than one political party in a state general election are not counted in determining whether a minor political party should become a major political party under clause (1).

Subd. 8. City. "City" means a home rule charter or statutory city.

Subd. 9. MS 1971 Repealed, 1973 c 123 art 3 s 7

Subd. 9. Municipality. "Municipality" means any city or town.

Subd. 10. Governing body. "Governing body" means the board of commissioners of a county, the elected council of a city, or the board of supervisors of a town.

Subd. 11. Precinct. "Precinct" means a geographical area the boundaries of which are established for election purposes in accordance with section 204B.14.

Subd. 12. Polling place. "Polling place" means the place of voting.

Subd. 13. Convention. "Convention" means an organized body of delegates assembled for the purpose of transacting the business of a major political party.

Subd. 14. Election board. "Election board" means the election judges serving in a precinct.

Subd. 15. Eligible voter. "Eligible voter" means an individual who is eligible to vote under section 201.014.

Subd. 16. County auditor. "County auditor" means the county auditor or, in counties where that office does not exist, the principal county officer charged with duties relating to elections.

Subd. 17. Member of a major political party. "Member of a major political party" means an individual who:

(a) Supports the general principles of that party's constitution;

(b) Voted for a majority of that party's candidates in the last general election; or

(c) Intends to vote for a majority of that party's candidates in the next general election.

Subd. 18. Oath, swear, sworn. "Oath" means an oath or affirmation, as the conscience of the individual dictates. If an affirmation is given instead of an oath, "swear" means to affirm and "sworn" means affirmed.

Subd. 19. School district. "School district" means an independent, special, or county school district.

Subd. 20. Statewide registration system. "Statewide registration system" means the computerized central statewide voter registration system and database developed and maintained by the secretary of state pursuant to section 201.022.

Subd. 21. Local election official. "Local election official" means the municipal clerk or principal officer charged with duties relating to elections.

Subd. 22. Minor political party. (a) "Minor political party" means a political party that is not a major political party as defined by subdivision 7 and that has adopted a state constitution, designated a state party chair, and met the requirements of paragraph (b) or (c), as applicable.

(b) To be considered a minor party in all elections statewide, the political party must have presented at least one candidate for a partisan office voted on statewide at the preceding state general election who received votes in each county that in the aggregate equal at least one percent of the total number of individuals who voted in the election, or its members must have presented to the secretary of state a nominating petition in a form prescribed by the secretary of state containing the signatures of party members in a number equal to at least one percent of the total number of individuals who voted in the preceding state general election.

(c) To be considered a minor party in an election in a legislative district, the political party must have presented at least one candidate for a legislative office in that district who received votes from at least ten percent of the total number of individuals who voted for that office, or its members must have presented to the secretary of state a nominating petition in a form prescribed by the secretary of state containing the signatures of party members in a number equal to at least ten percent of the total number of individuals who voted in the preceding state general election for that legislative office.

(d) Votes cast for a candidate who was the nominee of more than one political party in a state general election are not counted in determining whether a minor political party should remain a minor political party under this subdivision.

HIST: 1959 c 675 art 1 s 2; Ex1961 c 10 s 1; 1973 c 123 art 3 s 1; art 5 s 7; 1973 c 576 s 1; 1973 c 676 s 1,2; 1973 c 725 s 37; 1978 c 725 s 2; 1981 c 29 art 1 s 3; 1984 c 560 s 1; 1987 c 266 art 1 s 3; 1990 c 585 s 1; 1991 c 227 s 3; 1996 c 419 s 2,3

* NOTE: The amendments to this section by Laws 1996, chapter *419, are suspended during any time that the decision of the *eighth circuit court of appeals in Twin Cities Area New Party v. *McKenna, No. 94-3417MN, is stayed or the mandate of the court is *recalled. If the McKenna decision is reversed, the amendments *to this section expire and the prior law is revived. Laws 1996, *chapter 419, section 10.

Official Publication of the State of Minnesota
Revisor of Statutes