On September 28, Angela Craig, a member of the U.S. House of Representatives, filed a lawsuit against the Minnesota law that says an election in her district can’t be held on November 3. Craig v Simon, 0:20cv-2066. Here is her Brief, which was filed on September 29.
The reason the Minnesota Secretary of State had announced that no election would be held in the Second District is that one of the candidates, Adam Weeks, had died on September 21. The state law, passed in 2013, says if the nominee of a qualified party dies within 79 days of an election, the election is postponed til the second Tuesday in February of the following year. The lawsuit depends on the 1872 federal law, 2 USC 7, that tells states to hold congressional elections in November. Thanks to Steve Kamp for this news.
The case is assigned to U.S. District Court Judge Wilhelmina Wright, an Obama appointee.
ONE election day — to NOT have special interest gangs rig results in local areas on other days–
just TOTAL rigging on ONE day.
https://supreme.justia.com/cases/federal/us/522/67/
Love v Foster
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PR and AppV
TOTSOP
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again –
absentee ballots = substitute for in-person voting on Election Days —
NOT some later day.
IE – MUST get Abs ballots to election folks by poll closing time.
If there was no rescheduling law and a deceased candidate won in Minnesota, then it seems like the special election would be on the same date as the special election under this law.
But yeah, MN candidate replacement law was very generous in 1990/2002, but it seems like applying this to a federal race is not legal.
In 1872 voters could elect anyone on the designated election day. The SCOTUS should enjoin all congressional elections except those in Louisiana.
We have a candidate to take Adams place in February. We’re very disappointed about this. -Mark Jr, Nebraska Chair of LNMP
LA –
LOVE V FOSTER 522 US 67 (1997)