Hello, Minnesota,

My name is Andy Schuler and I decided to run for public office in 2016.

• I propose that all major and minor party candidates have access to an online Nominating Petition which may be electronically signed and authorized by the people living in their voting district.

Read my story:

I thought I had followed the rules, difficult as they may be. I was ready to "file at the Secretary of State Office" before "May 31, 2016, at 5 pm" with a stack of official petitions filled with "500 signatures obtained within the filing period". 

Upon arriving at the Secretary of State office I learned that this building was locked and that I was supposed to deliver my petitions at the other Secretary of State office one mile away. With only fifteen minutes left until the deadline at 5:00 pm I called that office for the quickest directions. A prerecorded message informed me that this office closed at 4:30 pm, fifteen minutes ago.

I arrived at the Elections office first thing the following morning. It turns out it had not closed at 4:30 pm as the recording had falsely informed me but had remained open until 5 pm.

The Secretary of State's Legal Adviser had informed me:

"the statute requires only that the filing office be open, and we have an automated system that answers telephone calls received after 4:30 PM."

The Legal Adviser also indicated to me that, "The Notice of Filing, which is the official notice of the offices for which filings will be open during the filing period, lists the State Office Building address and only that address." I couldn't find this notice but the World Wide Web is a big place, I'm sure it's around here somewhere.

What struck me the most was his mention of a precedent, "there has been at least one Supreme Court case that has ruled that the candidate bears the burden of knowing where to file".

I wondered how many other people something like this has happened to and why the Secretary of State's office would merely dismiss a problem instead of fixing it.

Well, I think we should solve this problem and the best solution came to me in the form of a question by numerous people who signed my Nominating Petition:

"Why can't you collect signatures online?"

That's a good question and other states are asking it too.

In a 2010 ruling, the Utah Supreme Court unanimously concluded that electronic signatures were just as valid as handwritten signatures and must be accepted by state election officials.

From 2011 to 2015 there have been 2 bills introduced into the Nebraska legislature that would allow petitioners to gather signatures electronically.

A 2014 lawsuit filed in Tennessee is based on the state's 'Uniform Electronic Transactions Act', which says that "if a law requires a signature, an electronic signature satisfies the law.".

• Minnesota, let's get fair about ballot access!

Minnesota Courts already fully recognize electronic signatures under the Minnesota General Rules of Practice, Rule 14: E-Filing and E-Service. We simply need to expand this to the one area it doesn't seem to currently exist, Nominating Petitions for independents and Third Parties!

"Any document electronically filed or served through the E-Filing System that requires the signature of a person who is not the Registered User filing or serving the document shall bear the typed name, along with the facsimile or typographical signature, of such person. The person's typographical or facsimile signature shall be considered the functional equivalent of an original, handwritten signature produced on paper."
-Rule 14.04 Signatures (b)(2)

The internet has become the primary communications tool for business and individual use. We do our taxes online, deposit checks into banking accounts, authorize loan agreements, pay utility bills, and connect daily with loved ones. Major party candidates may even disclose campaign finance reports conveniently through the Minnesota Campaign Finance & Public Disclosure Board website. This modern convenience should not be denied to minor party and independent candidates who wish to obtain signatures and file their candidacy online in order to qualify for ballot access.

Thank you.