Smith v. Kiffmeyer

Summary

The Minnesota Supreme Court held that a candidate’s affidavit of candidacy must be filed with the proper election official before the statutory filing deadline. Because Brian Smith filed with the secretary of state rather than the Hennepin County Auditor, his filing was ineffective and he was not entitled to have his name placed on the primary election ballot.

Holdings

1. An affidavit of candidacy is not properly filed unless it is filed both before the statutory deadline and with the appropriate election official. Failure to file with the proper official before the deadline prevents the candidate's name from being placed on the primary-election ballot.
2. The Secretary of State was not required to ensure that Smith filed with the proper election official and had no statutory authority to act as the county auditor's agent for accepting the affidavit.
3. Minn. Stat. § 204B.44(d) does not provide a remedy for a candidate's own inadvertence in filing with the wrong official absent a wrongful act, omission, or error by an election official.

Questions Presented

1. Whether an affidavit of candidacy filed with the wrong election official before the filing deadline is effective for ballot-placement purposes.
2. Whether the Secretary of State had a duty or statutory authority to forward the affidavit to the proper county auditor or to accept the filing as timely on the auditor's behalf.
3. Whether Minn. Stat. § 204B.44(d) authorizes relief for a candidate's inadvertent failure to file with the proper election official.

Disposition

writ_denied