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SMITH v. KIFFMEYER

No. A06-1527.

721 N.W.2d 912 (2006)

Brian SMITH, Petitioner, v. Mary KIFFMEYER, in her official capacity as Secretary of State, Respondent, Jill Alverson, in her official capacity as Hennepin County Auditor, Respondent.

Supreme Court of Minnesota.

September 28, 2006.

Attorney(s) appearing for the Case

Michael B. Padden, Padden & Associates, P.L.L.C., David Schultz, Hamline University Graduate School of Management, St. Paul, MN, for Appellant.

Mike Hatch, Attorney General, Christie B. Eller, Assistant Attorney General, Greg P. Huwe, Assistant Attorney General, St. Paul, MN, Robert M.A. Johnson, Anoka County Attorney, Kristin C. Larson, Assistant Anoka County Attorney, Anoka, MN, for Respondent.

Heard, considered, and decided by the court en banc.

OPINION

PER CURIAM.

In this case we are asked to decide whether a candidate who files an affidavit of candidacy with the wrong election official is entitled to have his or her name placed on the primary election ballot. We conclude that when a candidate fails to file an affidavit of candidacy in the proper place before the filing deadline, the affidavit is ineffectual.

Brian Smith filed a petition, pursuant to Minn.Stat. § 204B.44(d) (2004)...

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