Minnesota Cases July 15, 2022: Landis v. Simon

Case Description

ORDER

On May 25, 2022, Edward Strickland filed a form affidavit of candidacy with the Minnesota Secretary of State, writing in that he is a Republican Party candidate in the 2022 election for state senator from Senate District 2. In this affidavit, Strickland listed a Maplewood address as his residence. Maplewood is not in Senate District 2. Senate District 2 is located in northern Minnesota, while Maplewood is a Twin Cities suburb.

On June 9, 2022, petitioner Jim Landis filed a petition with our court pursuant to Minn. Stat. § 204B.44 (2020), asking us to order that the name of Edward Strickland be removed from the August 9, 2022, primary-election ballot as a candidate of the Republican Party for state senator from Senate District 2 and grant such other relief that we deem appropriate. Petitioner argues that Strickland does not and will not have resided in Senate District 2 for 6 months immediately preceding the general election, which is the period May 8, 2022, through November 8, 2022, as required by

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Article IV, Section 6, of the Minnesota Constitution. Thus, petitioner contends, there has been an error by "the placement of a candidate on the official ballot who is not eligible to hold the office for which the candidate has filed" that must be corrected. Minn. Stat. § 204B.44(a)(1).

Respondents are Steve Simon, the Minnesota Secretary of State, and the eight county auditors/treasurers from the counties that comprise Senate District 2. We allowed respondents, Strickland, and any other candidate from Senate District 2 to respond to the petition. Strickland did not respond or offer any evidence to refute petitioner's argument that he does not and will not have resided in Senate District 2 for 6 months immediately preceding the general election. Only the Secretary of State responded. The Secretary of State neither supported nor opposed petitioner's request that the court disqualify Strickland but did argue that no election official made an error.

We also directed respondents to inform us of a date by which a decision was needed in order to prepare the primary-election ballot for the August 9, 2022, primary election. Absentee voting for this primary began on June 24, 2022. See Minn. Stat. § 203B.081, subd. 1 (2020) (providing generally for absentee voting to begin 46 days before an election). The Secretary of State explains that, at the time of his response, the counties had already begun printing ballots and programming assistive voting equipment, and as a result, he claims that it is not possible to modify the primary ballot without imposing substantial costs and administrative difficulties on the counties and their ballot vendors.

Instead of ordering Strickland's name removed from the primary ballot, the Secretary of State asserts that we can grant alternative relief if we determine that Strickland is ineligible to be a candidate from Senate District 2. According to the Secretary of State, Minn. Stat. § 204D.03, subd. 3(a) (2020), provides that when there is no more than one candidate of a major political party running for a partisan office, no primary for that office is necessary. With only one other Republican candidate for the office from Senate District 2, the Secretary of State maintains that disqualifying Strickland will result in the other candidate being unopposed within his party and that this candidate will be entitled to automatic nomination. The Secretary of State has thus asked that if we declare Strickland ineligible, we order that the Senate District 2 race not be canvassed.

We agree with petitioner that Strickland is ineligible for election to the office of state senator from Senate District 2. We further agree with the Secretary of State that because there is only one other Republican Party candidate for the office, it is not necessary to canvass the returns for the Republican Party Senate District 2 primary.

Turning first to Strickland's ineligibility, we note that the Minnesota Constitution dictates that "[s]enators and representatives shall be qualified voters of the state, and shall have resided one year in the state and six months immediately preceding the election in the district from which elected." Minn. Const. art. IV, § 6. Petitioner has established that Strickland has, as a matter of law, failed to satisfy the constitutional residency requirement because he will not have resided in Senate District 2 for the entire 6-month period preceding the 2022 general election. Strickland stated in his affidavit of candidacy, which was filed less than 6 months before the 2022 general election, that he resides at a location outside of Senate District 2. Strickland has not filed a response presenting any contrary facts about his

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residency. Thus, Strickland is ineligible to hold the office of state senator from Senate District 2 and is disqualified from being a candidate in the 2022 primary election. See Moe v. Alsop , 288 Minn. 323, 180 N.W.2d 255, 259 (1970) (concluding that this court had the authority to "rule upon the eligibility of a candidate for nomination at the primary election" for a state legislative office because the candidate could not satisfy the residency requirement).

We next turn to the proper relief. Minnesota Statutes section 204B.44 gives our court broad discretion to grant "appropriate relief" if a petitioner has established that an error has occurred because a candidate has been placed "on the official ballot who is not eligible to hold the office for which the candidate has filed." Minn. Stat. § 204B.44(a)(1), (b). Here, "appropriate relief" does not require the removal of Strickland from the primary ballot when the process of printing ballots and programming assistive equipment was already underway at the time of a response to the petition and there is alternative relief that will have the same effect as removing Strickland's name from the primary ballot.

The primary election is used, in part, to determine the nominee of a major political party in the general election among multiple party candidates for a partisan office. See Minn. Stat. § 204B.03 (2020) ("Candidates of a major political party for any partisan office except presidential elector ... shall be nominated by primary."). But when a major political party has only one candidate for a partisan office, there is no need for a primary election to determine the nominee of that party who will appear on the general-election ballot. See Minn. Stat. § 204D.03, subd. 3(a) (stating that "[i]f no more than one candidate files for nomination by a major political party for a partisan office," that candidate is "declared the nominee upon the close of filing"). Only two people filed affidavits of candidacy stating that they are a Republican Party candidate in the 2022 election for state senator from Senate District 2. Because Strickland is disqualified, there is only one remaining candidate for the Republican Party nominee for state senator from Senate District 2, making a primary election unnecessary.

Based upon all the files, records, and proceedings herein,

IT IS HEREBY ORDERED THAT:

1. Edward Strickland is declared ineligible to hold the office of state senator from Senate District 2 and is disqualified from being a candidate for that office in the 2022 primary election.

2. Because Strickland is ineligible and disqualified, the effect is that there is not more than one candidate who filed for nomination by the Republican Party for state senator from Senate District 2 for the 2022 general election. See Minn. Stat. § 204D.03, subd. 3(a).

3. The county canvassing boards in Senate District 2 shall not canvass the returns from the 2022 Republican Party primary election for state senator from Senate District 2.

4. The petition of Jim Landis be, and the same is, granted, to the extent that it

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seeks other appropriate relief from this court.

5. The petition of Jim Landis be, and the same is, denied, to the extent that it seeks the removal of the name of Edward Strickland from the August 9, 2022, primary-election ballot as a candidate of the Republican Party for state senator from Senate District 2.

BY THE COURT:

/s/ __________

Lorie S. Gildea

Chief Justice