Adam Charles Weeks, the Legal Marijuana Now Party nominee for U.S. House in Minnesota’s 2nd district, died recently. Under a unique Minnesota law passed in 2013, the death of the nominee of a qualified party in a partisan race closer than 79 days before an election means the seat can’t be filled until the following February. See this story. Although voters will see the race on their November ballots, the votes in that race will not be counted. The election will be February 9.
The U.S. House 2nd District of Minnesota is one of the most competitive districts in the nation. The Republican nominee won the seat in 2016 by about 7,000 votes, but the Democratic nominee won the seat in 2018 by about 17,000 votes. Thanks to Tony Roza for the link.
Out of curiosity, will parties and or independent candidates that were not on the ballot for this race in November be able to petition and run a candidate in the February election? Or will it be limited to those parties that qualified for this November’s election?
Now, if the electoral college splits 269-269, and the Minnesota congressional delegation ends up 4-3 Democratic in January, but 4-4 in February, and the Congressional election of the President favors Biden by one state, then the Republican conspiracy theories will be in full force.
2 USC 7
INSTANT case or what ???
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Candidate/incumbent replacement lists.
NO special machinations.
Section 204B.13. subdivision 2(c) says no one new can get on the February ballot. The candidates from November who didn’t die will be on the February ballot. The only party that can come up with a new nominee for February is the party whose nominee died.
could the decision in Love vs Foster be relevant if there’s a lawsuit asking “can Minnesota legally reschedule this election?”
I believe Minnesota used this law to reschedule a state house election back in 2017, so this law is fine for state elections. But the concept of uniform dates for federal elections might be relevant here.
The elections being held after the legal date in Georgia and Louisiana were all runoffs. Even situations like Louisiana 2008 (hurricane) and Georgia 1982 (redistricting) had some sort of vote in November before the final vote.
@DR
2 USC 8
2 USC ยง8. Vacancies
(a) In general
Except as provided in subsection (b), the time for holding elections in any State, District, or Territory for a Representative or Delegate to fill a vacancy, whether such vacancy is caused
by a failure to elect at the time prescribed by law,
or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Territories respectively.
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Having a mere nominee candidate die is *** a failure to elect at the time prescribed by law *** ???
Write-in names ??? –
See infamous 2020 AK USA Senate M.
NOT like having a war / civil war / invasion of Canada wolves / feral pigs happen in the gerrymander district.
https://supreme.justia.com/cases/federal/us/522/67/
esp remand to USA Ct app
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LA ROT continues.
Too stupid to have just top 1 in Oct be on ballots in Nov.
How many of the 50 State consts define general election days —
often tied to 2 USC 7 date in even numbered years ???
— TO NOT have State gerrymander hacks, execs and judges rig general election dates.
It’s not funny that a candidate died… but it is kinda funny that due to an unintended legal technicality, the race is now postponed even though the outcome would have more or less remained unaffected.
@DR,
The election was deferred because of the death of a candidate. That caused a failure to elect on November 3.
JR–
NO possible write-in votes ???
@DR,
Write-ins are irrelevant.
They will be available in February.
See Ecclesiastes 3:1-8
JR –
Tell that to the various folks elected by write-in votes since 1776.
USA Sen M in AK in 2010 for starters.
Who will be the first lawyer with some brains to wipe out 2 USC 8 (b)
*** a failure to elect at the time prescribed by law *** in a mere candidate death case.
What if a party hack candidate was NOT qualified to be elected ??? — another failure to elect ???
Demo Rep, are you a lawyer with brains? I’ve been told that you are or were a lawyer. You frequently criticize lawyers for lacking brains and not bringing forward the lawsuits or arguments you claim would work. So if you’re the one with better brains than all those lawyers why don’t you bring the lawsuits and show them how it should be done?
@DR
James Shields was not qualified when he was elected to the US Senate in 1849 (not a US citizen for 9 years. He resigned and was elected in a special election after 9 years had passed.
G-
NOT a lawyer – and will NOT be a lawyer since standard requirement to take oath to support USA/State Consts with ALL their FATAL ANTI-Democracy ROT —
esp ANTI-Democracy minority rule gerrymanders and multiple FATAL violations of separation of powers –
copied from the Brit ROT in 1776 — ie switching from overseas Brit monarchs/oligarchs to domestic monarchs/oligarchs in CONTROL.
Thus — Standard lawyers are de facto Arms of the State.
Party hack judges basically ignore pro se lawyers – except in super extreme cases- Gideon 1960s.
The so-called LP leadership [mostly NON-lawyers] keeps using the same old losing ballot access lawyers since 1968 — playing their vague adjectives/adverb games.
https://electionlawblog.org/?p=115907
NOOO surprise –
2 USC 7
Hey Richard, Mark Jr here with the Legal Marijuana NOW Party. We are very sad about the loss of Adam. You haven’t heard this yet, cause it’s fresh, but the Democrat incumbent is gonna file suit to kick Adam off the ballot and make the regular election valid. We think it’s a really low thing to do after our candidates death. We do have a right to replace him in February and we have every attention to do so. Right now we’re just hoping the Republican Party steps in to stop the suit. Our party doesn’t have money for attorneys. Thanks for letting everyone know.