U.S. District Court Upholds Minnesota Two-Week Petitioning Period

On May 29, U.S. District Court Judge David S. Doty, a Reagan appointee, upheld the Minnesota law that requires all non-presidential independent and minor party petitions to be circulated in just 14 days. Libertarian Party of Minnesota v Simon, 0:19cv-2312. Here is the 14-page decision.

The decision says the short petitioning period is constitutional because the number of signatures for a statewide independent is only 2,000. However, the decision fails to note that an unqualified party would need many separate petitions if it wanted to run more than just a single nominee. The decision does not mention any state interest in the short period. The decision does not discuss the point that independent presidential petitions can be circulated over several months.

The decision also upholds the language on the petition that says the signer does not now intend to vote for anyone for the same office in any primary. The decision says that is not a severe burden, because the signer is later free to change his or her mind. Again, the decision does not any state interest in having such language on the petition. The U.S. Supreme Court Anderson v Celebrezze decision says judges are supposed to balance the interests of the state against the voting rights burden of the challenged law. This means judges are supposed to discuss the state interest in the challenge restriction.


Comments

U.S. District Court Upholds Minnesota Two-Week Petitioning Period — 4 Comments

  1. Anderson —

    one more MORON case to be over-ruled.

    EQUAL in 14-1 — regardless of ALL moron UN-EQUAL SCOTUS ops since 1968.

    ANY legal brain cells in the LP LNC folks — who are mainly NOT Con Law profs/lawyers.

    The DNC/RNC tyrants and their State counterparts know how to copy UN-equal laws that get court approval — esp by USA Fed DNC/RNC flunkee appointees — esp in SCOTUS.

  2. Thus — how many States in which LP Prez JJ will NOT be on Nov 2020 ballots ???

    CRISIS action in SCOTUS all summer —

    Early Oct is TOO LATE – due to 45 Day USA/Fed overseas ballot stuff.

  3. MN Legislature at the moment is the ONLY divided State legislature —

    Senate gerrymander Elephants control
    H Reps gerrymander Donkeys control

    IE – third parties may have REAL effects in marginal gerrymander districts about STATE LAW CONTROL in MN.

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