Minnesota Supreme Court Finds One of its Own Precedents from 2012 Concerning Challenge to Barack Obama

As previously noted, the Minnesota Supreme Court will soon be deciding whether former President Donald Trump should be on the Minnesota March 2024 Republican presidential primary ballot. Growe v Simon, A23-1354.

On October 20, the Minnesota Supreme Court asked both sides to respond to the discovery that in 2012, the Minnesota Supreme Court had a somewhat similar case, filed to keep then-President Barack Obama off the November 2012 Minnesota ballot. The 2012 decision was not published and neither side in the current lawsuit seems to have known about it. In the 2012 case, Oines v Ritchie, A12-1765, the Minnesota Supreme Court kept Obama on the ballot. The challenge had concerned the “natural-born” part of Article II and the citizenship of Obama’s father.

In the 2012 decision, the Minnesota Supreme Court said, “Candidates for president or vice president of the United States are specifically exempted from the requirement of filing an affidavit of candidacy that demonstrates their eligibility for the office sought. Minn. Stat. sec. 204B.06, subd. 4 (2010). Instead, under federal law it is Cngress that decides challenges to the qualifications of an individual to serve as president.”

The 2012 decision also mentions Keyes v Bowen, a California case in the state court of appeals that came to somewhat the same conclusion. Here is the current order from the Minnesota Supreme Court, which includes a copy of the 2012 decision. Thanks to ElectionLawBlog for the link.