Minnesota Convict Wins Right to Run for Congress

On January 18, 2008, a Minnesota state court ruled that Minnesota elections officials should have furnished declaration of candidacy forms to a man who is currently an inmate in the Faribault State Prison. Leonard J. Richards had begun trying to run for Congress since 2005, but state prisons officials determined, “Offenders are not allowed to run for office.” Also, the Secretary of State, and county elections officials, refused to respond to Richards’ letters asking for the forms. In Minnesota, candidates may obtain a place on a party primary ballot by paying a filing fee; no petition is required.

Richards then sued in federal court, but his lawsuit was transferred to State Court, Rice County district court. The case is Richards v Windschitl, 66-cv-06-1517. The order says, “Mark Ritchie as Secretary of State and his Office, shall provide to the plaintiff the appropriate forms allowing him the ability to file for federal elective office, without interference.” Also, “Mark Ritchie as Secretary of State and his Office, shall provide Plaintiff with the number of write in votes he received in the 2006 election. This information shall be provided within 30 days from the date of this Order.”

Under U.S. Term Limits v Thornton, the U.S. Supreme Court opinion that struck down term limits laws for federal office, neither states nor the federal government can add to the qualifications listed in the U.S. Constitution to run for Congress.


Comments

Minnesota Convict Wins Right to Run for Congress — No Comments

  1. Sure, it’s reasonable convicts can run for Congress.
    In turn, many members of Congress ought to be sent to prison.

  2. I presume that, under Minnesota law, he will not be able to vote for himself. While I was marking my ballot for Leonard Peltier in 2004, I pondered the question: in what sort of country can a person run for federal office from a jail cell but be unable to vote for herself or himself because of a criminal conviction? (In the case of Peltier, you have to put quote marks around “criminal”.)

  3. In truth, quotation marks are necessary for many designations of “criminal.”
    The term is thrown around quite loosely, and merely means, frequently, behavior a bunch of people disapprove, or, worse, a political position of which they disapprove.
    By the way, don’t forget there was a presidential candidate who was in jail and on the ballot at the same time: Lyndon LaRouche.

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