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Election Litigation in Minnesota
Minnesota Secretary of State Steve Simon
October 30, 2020
Secretary Simon Statement on 8th Circuit Decision and November 3 Election
SAINT PAUL — Minnesota Secretary of State Steve Simon released the following statement:“In consultation with the Minnesota Attorney General’s Office, we have decided not to seek a stay of the 8th Circuit decision at the US Supreme Court. We disagree with the court’s decision, and there may be cause for litigation later. While Minnesota will comply with the 8th Circuit's ruling to segregate the ballots received after November 3, we need to emphasize that there is no court ruling yet saying those ballots are invalid. We absolutely reserve the right to make every argument after Election Day that protects voters. For now, our focus is to make sure that every Minnesota voter knows to cast their ballot by 8 p.m. on November 3, and that every ballot legally cast is counted.”
Next Steps for Voters
Voters should no longer place their absentee ballot in the mail. Instead, voters have several options to ensure their vote is counted in the November general election:
- Voters who have already put their ballot in the mail can track their ballot at http://www.mnvotes.org/track. If their ballot has not yet been received the voter can vote in-person either by absentee, or at their polling place on Election Day.
- Voters can deliver their ballots to their county election office by hand (or have someone they trust hand-deliver it for them).
- Voters can cast their vote in person with an absentee ballot at their local election office up until November 2, 2020.
Minnesota Secretary of State Steve Simon
October 29, 2020
Secretary Simon Releases Statement Following U.S. Court of Appeals Decision
Secretary Simon released the following statement after the U.S. Court of Appeals for the Eighth Circuit announced its decision to eliminate Minnesota's established seven-day grace period for accepting absentee ballots for next week’s general election:“The court's decision is a tremendous and unnecessary disruption to Minnesota's election, just days before Election Day. This last-minute change could disenfranchise Minnesotans who were relying on settled rules for the 2020 election — rules that were in place before the August 11 primary and were accepted by all political parties. It is deeply troubling that the people who brought the lawsuit, a conservative legislator and presidential elector, would seek to sabotage the system for political gain.
I won’t let any Minnesota voter be silenced. My mission is now to make sure all voters know that a federal court has suddenly changed the rules, and that their ballot needs to be received by Election Day.
The right to vote is fundamental. The court’s decision is a step in the direction of restricting the exercise of that right, during a pandemic that has altered everything about our daily lives. But Minnesotans always find a way to vote, and they’ll do so again this year. The spirit that has fueled Minnesota's nation-leading voter turnout will continue.”
Next Steps for Voters
Voters should no longer place their absentee ballot in the mail. Instead, voters have several options to ensure their vote is counted in the November general election:
- Voters who have already put their ballot in the mail can track their ballot at http://www.mnvotes.org/track. If their ballot has not yet been received the voter can vote in-person either by absentee, or at their polling place on Election Day.
- Voters can deliver their ballots to their county election office by hand (or have someone they trust hand-deliver it for them).
- Voters can cast their vote in person with an absentee ballot at their local election office up until November 2, 2020.
- Voters can cast their votes in person on Election Day. Use our Pollfinder Tool to find out where to vote.
Issues considered included the witness signature requirement, whether absentee ballots should be sent to all registered voters and the ballot receipt deadline. Confusing matters there were federal constitutional claims and Minnesota constitutional claims, primary and general elections, and motions to intervene by Republicans (1,2).
LaRose v. Simon: Filed
05/13/20. Partial
Consent Decree (primary) 06/16/20. Order and Consent Decree (general)
08/03/20.
LWVMN v Simon: Filed
05/19/20.
NAACP v. Simon: Filed
06/04/20. Order
and Consent Degree
08/03/20.
See this excellent article:
Tony Webster. "Mail-in ballot witness requirement
waived for Minnesota's November election." Minnesota
Reformer, Aug. 3, 2020.
LaRose v. Simon
Alliance for Retired Americans
August 03, 2020
Major Barriers to Voting by Mail in the General Election Removed as a Result of Retirees’ Lawsuit
ST. PAUL, MN – The civil rights and health of hundreds of thousands of older Minnesota voters will be significantly better protected in November thanks to a new settlement with the Secretary of State of Minnesota.“This is a victory for democracy and the voters of Minnesota. All voters should be able to vote by mail and know that their ballot will be counted,” said Richard Fiesta, executive director of the national Alliance for Retired Americans. “This is especially critical for seniors, who are the most at risk during the COVID-19 pandemic, and need to be able to vote by mail to protect their health.”
The Secretary of State agreed to two demands by the Minnesota Alliance and its members for the November 3 General Election:
- All mail ballots from registered voters will be accepted without requiring that another registered voter or a notary witness and sign the return envelope; and
- Ballots received within seven days after the November 3 Election Day will be accepted, as long as they are postmarked by Election Day.
“I am relieved and elated that the Secretary of State and the court have affirmed my constitutional right to vote without putting my health at risk,” said Teresa Maples of Red Wing, a plaintiff, a member of the Minnesota Alliance for Retired Americans and a registered voter in Goodhue County. “There is no way my serious health conditions would allow me to vote in person during this pandemic, and I live alone. Knowing I can vote by mail without having to find someone to witness my ballot, or worry that my ballot may not arrive on time regardless of when I mail it, is a relief.”
“There are 700,000 seniors registered to vote in Minnesota who are among the most at-risk from COVID-19,” said Michael Madden, President of the Minnesota Alliance. “They can now rest assured that they can protect their vote and participate in the November election.”
In addition to Ms. Maples, the plaintiffs include Minnesota Alliance members Gary Severson of Chaska, Minnesota and Mary Samson of Newport, Minnesota.
The Alliance for Retired Americans, working with its state chapters, has filed lawsuits to protect vote by mail and absentee voters in Florida, Maine, Michigan, Texas, Pennsylvania and Wisconsin, in addition to Minnesota this year.
Background: The lawsuit alleged that due to the severe health threat posed by the COVID-19 pandemic, many Minnesota voters will be forced to vote by mail-in absentee ballot. The plaintiffs and the Secretary of State agreed to similar provisions for the August 11th primary on June 11, 2020.
The state’s requirement that each absentee voter secure a witness signature on their ballot means that certain eligible voters who live alone or without an adult U.S. citizen in the household would have been unable to cast their vote. The Centers for Disease Control and Prevention have said that a second deadly wave of infections is likely to occur in the fall and people most at risk from COVID-19 will likely need to continue to self-isolate and practice social distancing.
###
Contact: Lisa Cutler
Republican National Committee
June 18, 2020
RNC Intervenes in Left-Wing Lawsuit to Protect Minnesota’s Elections
WASHINGTON – Today, the Republican National Committee, the National Republican Congressional Committee, and the Republican Party of Minnesota announced their intention to intervene in LaRose v. Simon, a lawsuit brought by left-wing organizations represented by high-profile Democrat attorneys in a blatant attempt to severely weaken the integrity of the electoral process in Minnesota."Democrats continue to try to redesign our entire election system mere months before November to fit their partisan agenda. We have an Election Day for a reason. A system that allows for troves of late-arriving ballots is ripe for fraud and weeks of prolonged litigation, and that does nothing but undermine Americans’ confidence in our elections." – RNC Chairwoman Ronna McDaniel
"Democrats and their lawyers will stop at nothing to unfairly game the electoral system. The NRCC is proud to partner with the RNC and the Minnesota GOP to ensure integrity in our elections." – NRCC Chairman Tom Emmer
"From ballot harvesting to eliminating deadlines to allow Democrats to 'find' ballots, it’s imperative that we act now to prevent election interference and intimidation. Once again, Democrats are attempting to try to win the election through the courts rather than on the ballot as they know they will be unable to defeat President Trump and our Republican candidates in November. This is why it's so imperative for us to join the Republican National Committee to intervene and prevent these liberal tactics." – Republican Party of Minnesota Chairwoman Jennifer Carnahan
Minnesota Lawsuit Eliminates Deadline Voters Support:
In their latest assault, Democrats are demanding that Secretary of State Steve Simon diminish the integrity of the voting process by suspending state law that requires all mail-in ballots be delivered by Election Day.
- By forcing the state to count ballots that arrive after Election Day, county election offices will be needed to verify ballots for weeks after the election, potentially delaying the outcome of the election and opening the door for fraud and unnecessary litigation.
- A recent Democrat-leaning survey showed that 83% of voters support a ballot receipt deadline of Election Day, and the RNC recently won a big victory at the U.S. Supreme Court, which denied Democrats’ attempts to allow ballots to be cast and counted after Election Day.
- Minnesota laws regarding absentee ballots are already broad and generous. Current law allows voters to request absentee ballots by mail, fax, email, or online months in advance, giving every Minnesotan ample opportunity to request, vote, and return their ballots in a timely manner.
You can view the filing here.
Meanwhile, the Republican National Committee, the Donald J. Trump for President, Inc., and the Republican Party of Minnesota scored a legal victory in federal court on Thursday, which granted our request to postpone today’s hearing in the League of Women Voters of Minnesota v. Simon and gave us a chance to intervene.
"Secretary of State Simon betrayed the public’s trust and unilaterally struck a partisan deal with liberal organizations that would reduce public confidence in our elections. We are glad the court shares our concerns and handed us a victory today. Minnesota voters deserve to have their valid election laws faithfully defended, and we will not stand idly by while national Democrats try to use the court system to eliminate existing safeguards and allow ballots to be counted for days after Election Day has occurred." – RNC spokeswoman Preya Samsundar
Democrats Continue Their Attempts to Weaken the Electoral Process in Minnesota:
This latest attempt is not the first time Democrats have sought to fundamentally change the way Minnesotans vote.
- In March, the RNC and
Republican Party of Minnesota intervened in two
lawsuits to defend common-sense laws that have been
enforced by officials from both parties in the past.
- The first suit sought to
defend Minnesota’s Ballot Harvesting Ban, protecting
voters from the large-scale harvesting of absentee
ballots by political operatives.
- The second sought to
defend Minnesota’s Voter Protection Law, which
protects voters from attempts to unduly influence them
when casting their ballot.
The RNC continues to fight back against the Democrats’ assault on the integrity of our elections by intervening in left-wing backed lawsuits across the country. The Republicans recently sued Clark County in Nevada for hiding evidence of a shady backroom election deal. Republicans have also sued California Gov. Gavin Newsom over his brazen and illegal power grab to make California a vote-by-mail state. Adding to their fight against Democrat efforts, Republicans have also recently intervened in a lawsuit Democrats brought in Florida, where they demanded county supervisors of elections willfully ignore and violate Florida election law by prohibiting enforcement of the state’s ban on ballot harvesting, and allow ballots to be counted after Election Day. The Commonwealth Court of Pennsylvania recently handed Republicans a big victory, throwing out a left-wing lawsuit to allow ballots to be counted after Election Day. Similar radical lawsuits are being fought in states like Michigan, New Mexico, and Arizona. The RNC recently doubled its legal budget to $20 million to fight these efforts, and you can learn more at www.ProtectTheVote.com.
###
National Redistricting Foundation
June 16, 2020
The consent decree achieves two crucial changes to the upcoming primary election: It provides that the state’s witness requirement will not be enforced for any mail ballots submitted by registered Minnesota voters; and it implements a postmark deadline that allows all mail ballots received by close of business two days after the election to be counted as long as they are postmarked by election day.
“These developments are a significant victory for the health and safety of all Minnesotans as they prepare to vote in their upcoming primary election,” said Eric H. Holder, Jr., the 82nd Attorney General of the United States. “In the past months, we’ve seen far too many state leaders put their citizens at risk in primary elections due either to willful inaction or a lack of preparedness. Fortunately, Minnesota voters will be relieved of some of the unnecessary obstacles preventing them from voting safely in August. However, there’s more work to be done to make sure these improvements also apply for the November election.”
Last month, a group of voters supported by the National Redistricting Foundation filed a lawsuit in Minnesota challenging the state’s absentee voting restrictions that will unjustifiably burden the voting rights of Minnesota voters as the nation responds to the COVID-19 pandemic. Plaintiffs in the suit include four individual voter-plaintiffs, along with the Minnesota Alliance for Retired Americans Educational Fund.
The National Redistricting Foundation is the 501(c)(3) affiliate of the National Democratic Redistricting Committee, and was formed in 2017 to engage in work that protects voting rights and challenges gerrymandered congressional and state legislative districts. The National Redistricting Foundation has funded and executed lawsuits that include, but are not limited to, overturning gerrymandered congressional and state legislative maps in North Carolina, successfully challenging the Trump Administration’s attempt to add a citizenship question to the Census, and protecting Wisconsin voters from former Governor Scott Walker’s refusal to call special elections and attacks on early voting.
You can download a filed copy of the complaint here.
June 16, 2020
National Redistricting Foundation Lawsuit Leads to Consent Decree Removing Burdensome Vote-by-Mail Restrictions
Consent Decree Reached
After Filing Lawsuit Challenging the
State’s Witness Requirement &
Ballot Receipt Deadline
Washington, D.C. — Today, plaintiffs
supported by the National Redistricting
Foundation in the case LaRose v.
Simon entered into a stipulation and
partial consent decree with Minnesota
Secretary of State Steve Simon, resolving
their claims relating to the application of
certain restrictions on Minnesota’s
vote-by-mail system ahead of the state’s
August primary. The consent decree achieves two crucial changes to the upcoming primary election: It provides that the state’s witness requirement will not be enforced for any mail ballots submitted by registered Minnesota voters; and it implements a postmark deadline that allows all mail ballots received by close of business two days after the election to be counted as long as they are postmarked by election day.
“These developments are a significant victory for the health and safety of all Minnesotans as they prepare to vote in their upcoming primary election,” said Eric H. Holder, Jr., the 82nd Attorney General of the United States. “In the past months, we’ve seen far too many state leaders put their citizens at risk in primary elections due either to willful inaction or a lack of preparedness. Fortunately, Minnesota voters will be relieved of some of the unnecessary obstacles preventing them from voting safely in August. However, there’s more work to be done to make sure these improvements also apply for the November election.”
Last month, a group of voters supported by the National Redistricting Foundation filed a lawsuit in Minnesota challenging the state’s absentee voting restrictions that will unjustifiably burden the voting rights of Minnesota voters as the nation responds to the COVID-19 pandemic. Plaintiffs in the suit include four individual voter-plaintiffs, along with the Minnesota Alliance for Retired Americans Educational Fund.
The National Redistricting Foundation is the 501(c)(3) affiliate of the National Democratic Redistricting Committee, and was formed in 2017 to engage in work that protects voting rights and challenges gerrymandered congressional and state legislative districts. The National Redistricting Foundation has funded and executed lawsuits that include, but are not limited to, overturning gerrymandered congressional and state legislative maps in North Carolina, successfully challenging the Trump Administration’s attempt to add a citizenship question to the Census, and protecting Wisconsin voters from former Governor Scott Walker’s refusal to call special elections and attacks on early voting.
You can download a filed copy of the complaint here.
###
Minnesota Alliance for Retired Americans
May 13, 2020
Minnesota Alliance for Retired Americans Educational Fund Sues State of Minnesota to Remove Barriers to Absentee Voting in Light of COVID-19 Pandemic
ST. PAUL, MN – Today, the Minnesota Alliance for Retired Americans Educational Fund and three of its members, supported by the National Redistricting Foundation, filed a lawsuit in the Ramsey County District Court to protect the rights of older Minnesota voters during the COVID-19 pandemic. They were joined by one other individual plaintiff.The plaintiffs are seeking to protect the rights of self-quarantining voters who cannot obtain a witness signature on their mail-in ballot during the COVID-19 pandemic, as well as those whose ballot may not arrive at the County Elections offices by Election Day through no fault of their own. Three of the individual plaintiffs have serious health conditions which put them at risk from the coronavirus and intend to vote by mail.
The lawsuit alleges that due to the severe health threat posed by the COVID-19 pandemic, many Minnesota voters will be forced to vote by mail-in absentee ballot. Because the state requires each absentee voter to secure a witness signature on their ballot, certain eligible voters who live alone or without an adult U.S. citizen in the household will be unable to cast their vote. The Centers for Disease Control and Prevention have said that a second deadly wave of infections is likely to occur in the fall and people most at risk from COVID-19 will likely need to continue to self-isolate and practice social distancing.
Since the outbreak of the novel coronavirus, absentee voting across the country has surged and the Minnesota Secretary of State is working to ensure that 50-60% of all ballots are cast before Election Day. However, the U.S. Postal Service is experiencing severe financial difficulties due to the outbreak and there is no guarantee that absentee ballots will be delivered by Election Day, despite voters’ best efforts to comply with the deadline.
“There are more than three million seniors registered to vote in Minnesota. The state is asking them to take unnecessary risks with their health if they want to cast a ballot that will be counted,” said Richard Fiesta, executive director of the national Alliance for Retired Americans. “The Alliance for Retired Americans is committed to ensuring that all older Americans nationwide can exercise their right to vote, especially during this unprecedented public health crisis.”
“I have a constitutional right to vote and have my vote counted,” said Teresa Maples, of Red Wing, a member of the Minnesota Alliance for Retired Americans and a registered voter in Goodhue County. “I am 66 and have several serious health conditions. I am particularly vulnerable to the novel coronavirus and at risk of contracting COVID-19. There is no question that I will be unable to vote in person because I am strictly following the social distancing and self-isolation guidelines. Because I live alone and cannot safely obtain a witness signature, my vote may never be counted.”
“The right to vote is sacred and older Americans take this civic responsibility very seriously,” said Michael Madden, President of the Minnesota Alliance Educational Fund and a registered voter in Chisago County. “The state’s absentee ballot requirements put us in an impossible position of choosing to protect our health or casting a ballot that we are certain will count.”
In addition to Ms. Maples, the plaintiffs include Minnesota Alliance members Gary Severson of Chaska, Minnesota and Mary Samson of Newport, Minnesota.
The lawsuit court filing can be found here.
The Alliance for Retired Americans, working with its state chapters, has filed lawsuits to protect vote by mail and absentee voters in Florida, Pennsylvania, Texas and Wisconsin, in addition to Minnesota this year.
###
The Minnesota Alliance for Retired Americans Educational Fund is a state affiliate of the national Alliance for Retired Americans and has more than 84,000 members statewide.
National Redistricting Foundation
May 13, 2020
National Redistricting Foundation Supports New Lawsuit in Minnesota to Remove Burdensome Vote-by-Mail Restrictions
Lawsuit Challenges State’s
Witness Requirement & Ballot Receipt
Deadline
Washington, D.C. — Today, a group of voters supported by the National Redistricting Foundation has filed a lawsuit in Minnesota challenging the state’s absentee voting restrictions that will unjustifiably burden the voting rights of Minnesota voters, particularly as the nation responds to the COVID-19 pandemic. Plaintiffs in the suit include four individual voter-plaintiffs, along with the Minnesota Alliance for Retired Americans Educational Fund.
The suit challenges two restrictions: (1) Minnesota’s requirement that absentee ballots be witnessed by a registered Minnesota voter, a notary, or a person otherwise authorized to administer oaths, and (2) the requirement that absentee ballots be received by either 3:00 p.m. (if hand-delivered) or 8:00 p.m. (if delivered by mail) on Election Day. The anticipated influx of absentee by-mail voting in both the upcoming August primary and November general election promise to exacerbate the disenfranchising effects of these restrictions, and they deserve critical attention. The case was filed in state court in Ramsey County.
“The global health crisis is not only a danger to Minnesotans’ health, it is also a major threat to voters’ right to participate in the democratic process,” said Eric H. Holder, Jr., the 82nd Attorney General of the United States. “The botched and gerrymandered primary election right next door in Wisconsin showed us exactly what happens when a state is unprepared for a substantial increase in voting by mail. Minnesota must act now to ensure that its voters are not severely and unjustifiably burdened by unnecessary obstacles to casting a ballot at home. While the country grapples with a ghastly pandemic, one thing remains clear — voters should not be expected to choose between their right to vote and protecting the health of their communities.”
In 2018 alone, Minnesota discarded over 3,500 absentee ballots — 47% of all rejected ballots — simply because they arrived after the Election Day Receipt Deadline. As COVID-19 sweeps through the country with no clear end in sight, the reliance on absentee vote by mail is certain to increase. One plaintiff in the case, Rob LaRose of Waconia, attempted to vote by mail while attending college away from his home in 2016, only to receive notice weeks later that his vote was not counted. He fears he may be disenfranchised in the future as a result of the Election Day Receipt Deadline.
“Minnesota has an opportunity to act now — the state should take the necessary steps to ensure that voters aren’t faced with unnecessary hurdles and obstacles on the way to the ballot box,” said LaRose. “We don’t want to look back on this November’s election and realize that the state’s voting process kept Minnesotans from exercising their right to vote. It’s especially important to consider that there will be many who are voting by mail for the first time — they deserve every opportunity to stay safe while participating in our democracy.”
The presence of COVID-19 also increases the risk posed by the Witness Requirement. Voters living with disabilities, elderly voters, immunocompromised voters, and those who live alone or with others who are ineligible or unregistered to vote in Minnesota must risk their health to find a witness. This burdens far too many voters and jeopardizes the right to vote.
"I have a constitutional right to vote and have my vote counted,” said Teresa Maples, of Red Wing, a member of the Minnesota Alliance for Retired Americans and a registered voter in Goodhue County. “I am 66 and have several serious health conditions. I am particularly vulnerable to the novel coronavirus and at risk of contracting COVID-19. There is no question that I will be unable to vote in person because I am strictly following the social distancing and self-isolation guidelines. Because I live alone and cannot safely obtain a witness signature, my vote may never be counted.”
The National Redistricting Foundation is the 501(c)(3) affiliate of the National Democratic Redistricting Committee, and was formed in 2017 to engage in work that protects voting rights and challenges gerrymandered congressional and state legislative districts. The National Redistricting Foundation has funded and executed lawsuits that include, but are not limited to, overturning gerrymandered congressional and state legislative maps in North Carolina, successfully challenging the Trump Administration’s attempt to add a citizenship question to the Census, and protecting Wisconsin voters from former Governor Scott Walker’s refusal to call special elections and attacks on early voting.
You can download a filed copy of the complaint here.
###
League of Women Voters of Minnesota
June 24, 2020
In mid June, we announced that we had come to a partial agreement with the Secretary of State. We had agreed that the witness requirement for absentee ballots would not be enforced for the 2020 primary election. Our agreement just needed to be approved by the federal judge. Litigation for the November election would continue.
Unfortunately, the federal judge rejected the agreement, stating that he believed the agreement to be too broad. Therefore, our litigation continues.
However, despite the fact that our agreement was not approved by the federal judge, pre-registered voters will not need a witness signature for the 2020 primary election. A state court judge has issued a court order in another lawsuit to this effect. That decision is unaffected by the federal court’s decision.
Voters who are registering to vote at the same time that they submit their ballot by mail will still need a witness to verify their proof of residency.
Our lawsuit continues. We will still fight to ensure voters are protected for the November election.
League of Women Voters of Minnesota
June 17, 2020
“We are thrilled the state saw the urgent need to suspend the witness requirement during the ongoing global pandemic,” said Michelle Witte, executive director of the League of Women Voters of Minnesota. “Today’s agreement is a victory for voters across the state, especially senior voters and voters with underlying health conditions that make them more susceptible to complications from COVID-19. Those living out of state temporarily, like college students, are also protected with today’s settlement.”
Under the agreement, Minnesota’s Secretary of State will issue guidance instructing local election officials to send a notice to all absentee voters, informing them that their votes will count in the August primary regardless of whether they obtain a witness signature. The Secretary also agreed to educate the public about this temporary change.
Filed on May 19, League of Women Voters of Minnesota Education Fund v. Simon seeks to suspend Minnesota’s witness requirement for absentee voting during the COVID-19 pandemic and permanently loosen restrictions on who can serve as a ballot witness. Minnesota law ordinarily requires absentee voters to obtain the signature of a witness, who must be a registered Minnesota voter, a notary, or another official authorized to give oaths.
The League of Women Voters of Minnesota is joined in this case by individual plaintiff Vivian Latimer Tanniehill, a 67-year-old Minnesota voter whose compromised immune system puts her in a high-risk category for severe illness from COVID-19. Vivian would be obligated by the existing law to breach her self-isolation to obtain a witness for her ballot, putting herself in danger of infection.
“I am very excited about this agreement and believe it is a win-win for everyone,” said Ms. Tanniehill. “I am thrilled that we were able to remove the barrier for seniors and people with underlying health conditions, and we no longer must choose between our health and exercising our right to vote. Thank you to the legal team and the State for coming to a decision that helps all Minnesotans who wish to exercise their right to vote.”
Plaintiffs are represented by the Campaign Legal Center (CLC) and Lanthrop GPM.
“This is a win for Minnesota voters, particularly seniors and people with underlying health conditions that are at higher risk for getting seriously sick from COVID-19,” said Paul Smith, vice president at CLC. “The fact that both parties came to an agreement is an example of how it’s possible for states to protect the right to vote, promote public health, and maintain the integrity of elections at the same time. Constitutional rights cannot be conditioned on an individual’s willingness to subject themselves and their families to a heightened risk of contracting a potentially deadly virus.”
Minnesota’s primary election is scheduled for August 11, and the last day to register for that election online or by mail is July 21. Voters can also register in-person up to and on Election Day. Absentee voting begins June 26.
Read this press release at LWV.org.
Read the press release by Campaign Legal Center.
League of Women Voters of Minnesota
May 19, 2020
ST. PAUL, MN—Today, the League of Women Voters of Minnesota Education Fund filed a federal lawsuit challenging the state’s witness requirement for absentee ballot signatures. Amid the threat of the COVID-19 pandemic, many voters cannot obtain a ballot witness without compromising their health. Further, the state’s requirements for who may witness absentee ballots are too restrictive and thus violate the First and Fourteenth Amendments of the U.S. Constitution.
“As more voters choose to cast absentee ballots amid the COVID-19 pandemic, they must have assurance that they can do so safely,” said Michelle Witte, executive director of the League of Women Voters of Minnesota. “Voters of color, senior voters, and voters with underlying conditions are at greater risk of complications from the COVID-19 virus. The current law requiring an absentee ballot witness unnecessarily exposes them to greater risk of contracting this deadly virus. In addition, the requirement to have the witness be a registered MN voter is also a barrier for college students and others living out of state temporarily.”
The law in question is at odds with the state’s own guidance on voting during the pandemic. Minnesota Secretary of State Steve Simon has encouraged the use of absentee voting, saying in a press release on May 13 that he was “challenging all eligible Minnesota voters to cast their vote from the safety of their home.” Many voters cannot maintain recommended social distance while obtaining a witness for their ballot.
“The coronavirus pandemic has introduced new uncertainty and fear into our elections, and it is the duty of our election officials to provide assurances to voters that their health will be protected,” said Chris Carson, president of the board of directors of the League of Women Voters of the United States. “Now, more than ever, we must dispel with undue burdens in our voting system, especially those that needlessly obligate voters to expose themselves to potential risk.”
Minnesota already has safeguards in place for voter ballot verification besides a signature witness. State law requires trained election officials to authenticate absentee ballots in a number of reliable ways, including name, address, and ID verification.
The League of Women Voters is joined in this case by an individual Minnesota resident and League member, Vivian Latimer Tanniehill, and is represented by Campaign Legal Center and Lathrop GPM.
“It is critical to American democracy and to protect public health that all voters have the choice to vote absentee for the November 2020 election,” said Paul Smith, vice president at CLC. “All eligible voters should be able to vote without barriers. Minnesotans’ constitutional right to vote cannot be conditioned on their willingness to subject themselves, their families, and their communities to a heightened risk of COVID-19.”
Minnesota’s primary election is scheduled for August 11, and the last day to register for that election online or by mail is July 21. Voters can also register in-person up to and on Election Day. Absentee voting begins June 26.
Read this press release at LWV.org.
Read more from Campaign Legal Center.
LWVMN v.
Simon
June 24, 2020
Update on Absentee Ballot Witness Signature Litigation
In May, we announced that we had brought a lawsuit against the Secretary of State to drop the witness requirement for absentee ballots in Minnesota.In mid June, we announced that we had come to a partial agreement with the Secretary of State. We had agreed that the witness requirement for absentee ballots would not be enforced for the 2020 primary election. Our agreement just needed to be approved by the federal judge. Litigation for the November election would continue.
Unfortunately, the federal judge rejected the agreement, stating that he believed the agreement to be too broad. Therefore, our litigation continues.
However, despite the fact that our agreement was not approved by the federal judge, pre-registered voters will not need a witness signature for the 2020 primary election. A state court judge has issued a court order in another lawsuit to this effect. That decision is unaffected by the federal court’s decision.
Voters who are registering to vote at the same time that they submit their ballot by mail will still need a witness to verify their proof of residency.
Our lawsuit continues. We will still fight to ensure voters are protected for the November election.
League of Women Voters of Minnesota
June 17, 2020
Agreement in LWVMN Lawsuit Will Suspend Witness Requirement for Primary Election during COVID-19
ST. PAUL, MN—Today, parties in League of Women Voters of Minnesota Education Fund, et al. v. Simon reached an agreement to suspend the state’s witness requirement for absentee ballots. U.S. District Judge Eric C. Tostrud has set a hearing for Thursday on the joint request to enter the agreement as an enforceable court order.“We are thrilled the state saw the urgent need to suspend the witness requirement during the ongoing global pandemic,” said Michelle Witte, executive director of the League of Women Voters of Minnesota. “Today’s agreement is a victory for voters across the state, especially senior voters and voters with underlying health conditions that make them more susceptible to complications from COVID-19. Those living out of state temporarily, like college students, are also protected with today’s settlement.”
Under the agreement, Minnesota’s Secretary of State will issue guidance instructing local election officials to send a notice to all absentee voters, informing them that their votes will count in the August primary regardless of whether they obtain a witness signature. The Secretary also agreed to educate the public about this temporary change.
Filed on May 19, League of Women Voters of Minnesota Education Fund v. Simon seeks to suspend Minnesota’s witness requirement for absentee voting during the COVID-19 pandemic and permanently loosen restrictions on who can serve as a ballot witness. Minnesota law ordinarily requires absentee voters to obtain the signature of a witness, who must be a registered Minnesota voter, a notary, or another official authorized to give oaths.
The League of Women Voters of Minnesota is joined in this case by individual plaintiff Vivian Latimer Tanniehill, a 67-year-old Minnesota voter whose compromised immune system puts her in a high-risk category for severe illness from COVID-19. Vivian would be obligated by the existing law to breach her self-isolation to obtain a witness for her ballot, putting herself in danger of infection.
“I am very excited about this agreement and believe it is a win-win for everyone,” said Ms. Tanniehill. “I am thrilled that we were able to remove the barrier for seniors and people with underlying health conditions, and we no longer must choose between our health and exercising our right to vote. Thank you to the legal team and the State for coming to a decision that helps all Minnesotans who wish to exercise their right to vote.”
Plaintiffs are represented by the Campaign Legal Center (CLC) and Lanthrop GPM.
“This is a win for Minnesota voters, particularly seniors and people with underlying health conditions that are at higher risk for getting seriously sick from COVID-19,” said Paul Smith, vice president at CLC. “The fact that both parties came to an agreement is an example of how it’s possible for states to protect the right to vote, promote public health, and maintain the integrity of elections at the same time. Constitutional rights cannot be conditioned on an individual’s willingness to subject themselves and their families to a heightened risk of contracting a potentially deadly virus.”
Minnesota’s primary election is scheduled for August 11, and the last day to register for that election online or by mail is July 21. Voters can also register in-person up to and on Election Day. Absentee voting begins June 26.
Read this press release at LWV.org.
Read the press release by Campaign Legal Center.
League of Women Voters of Minnesota
May 19, 2020
LWVMN Challenges Absentee Ballot Signature Witness Requirement
Voters Must Be Protected
from Virus Exposure When Casting Absentee
Ballots
ST. PAUL, MN—Today, the League of Women Voters of Minnesota Education Fund filed a federal lawsuit challenging the state’s witness requirement for absentee ballot signatures. Amid the threat of the COVID-19 pandemic, many voters cannot obtain a ballot witness without compromising their health. Further, the state’s requirements for who may witness absentee ballots are too restrictive and thus violate the First and Fourteenth Amendments of the U.S. Constitution.
“As more voters choose to cast absentee ballots amid the COVID-19 pandemic, they must have assurance that they can do so safely,” said Michelle Witte, executive director of the League of Women Voters of Minnesota. “Voters of color, senior voters, and voters with underlying conditions are at greater risk of complications from the COVID-19 virus. The current law requiring an absentee ballot witness unnecessarily exposes them to greater risk of contracting this deadly virus. In addition, the requirement to have the witness be a registered MN voter is also a barrier for college students and others living out of state temporarily.”
The law in question is at odds with the state’s own guidance on voting during the pandemic. Minnesota Secretary of State Steve Simon has encouraged the use of absentee voting, saying in a press release on May 13 that he was “challenging all eligible Minnesota voters to cast their vote from the safety of their home.” Many voters cannot maintain recommended social distance while obtaining a witness for their ballot.
“The coronavirus pandemic has introduced new uncertainty and fear into our elections, and it is the duty of our election officials to provide assurances to voters that their health will be protected,” said Chris Carson, president of the board of directors of the League of Women Voters of the United States. “Now, more than ever, we must dispel with undue burdens in our voting system, especially those that needlessly obligate voters to expose themselves to potential risk.”
Minnesota already has safeguards in place for voter ballot verification besides a signature witness. State law requires trained election officials to authenticate absentee ballots in a number of reliable ways, including name, address, and ID verification.
The League of Women Voters is joined in this case by an individual Minnesota resident and League member, Vivian Latimer Tanniehill, and is represented by Campaign Legal Center and Lathrop GPM.
“It is critical to American democracy and to protect public health that all voters have the choice to vote absentee for the November 2020 election,” said Paul Smith, vice president at CLC. “All eligible voters should be able to vote without barriers. Minnesotans’ constitutional right to vote cannot be conditioned on their willingness to subject themselves, their families, and their communities to a heightened risk of COVID-19.”
Minnesota’s primary election is scheduled for August 11, and the last day to register for that election online or by mail is July 21. Voters can also register in-person up to and on Election Day. Absentee voting begins June 26.
Read this press release at LWV.org.
Read more from Campaign Legal Center.
###
LaRose v.
NAACP
ACLU of Minnesota
August 3, 2020
Inga Sarda-Sorensen, ACLU National
Lynette Kalsnes, ACLU of Minnesota
ACLU of Minnesota
August 3, 2020
Inga Sarda-Sorensen, ACLU National
Lynette Kalsnes, ACLU of Minnesota
MINNESOTA DROPS WITNESS REQUIREMENTS THAT PUT VOTERS AT RISK DURING COVID-19 PANDEMIC
ST. PAUL, Minn. — The state of
Minnesota has agreed to eliminate witness/notary
requirements for vote by mail throughout the
2020 elections due to the COVID-19 pandemic. A
court signed off on the agreement today.
The state’s action follows a lawsuit filed by the American Civil Liberties Union, ACLU of Minnesota, and Faegre Drinker on behalf of the NAACP and individual voters.
The lawsuit in part asked that a requirement that forces voters to get a witness/notary to sign their ballot envelope be suspended due to the risk of exposure to COVID-19.
Ramsey County District Judge Sara Grewing wrote in her order: “By requiring voters who live alone to place their lives and health in danger in order to exercise their fundamental right to vote, it is reasonable to conclude that the witness requirement impermissibly and irrationally denies the fundamental right to those individuals while there is still ongoing community transmission of COVID-19.”
The judge noted that it’s undisputed that the consent decree is non-partisan, and it gives the state plenty of time to “provide instruction and certainty to voters and local election officials before absentee voting begins.”
The following is reaction to today’s order:
Theresa Lee, a staff attorney with the ACLU’s Voting Rights Project, said: “This agreement is a victory for Minnesotans who can’t risk exposure to COVID-19 in order to secure a signature on a ballot. This agreement is a sensible solution that will help protect Minnesotans’ health and their right to vote.”
ACLU of Minnesota staff attorney David McKinney said: “We’re pleased that the court approved this agreement, which will remove barriers to voting in the general election for Minnesota voters, especially people who live alone or who are at high risk for COVID-19. No one should have to choose between their health and their fundamental right to vote.”
NAACP Minnesota-Dakotas Area State Conference President William Jordan Jr. said: “This decision is a step in the right direction that places voters and constituents at the center of elections. As we continue to navigate through this COVID-19 pandemic and alternate reality, we must continue to be malleable to the needs of the community. The health and safety of the electorate during this critical time should be of great concern to all of us.”
Case information: https://www.aclu-mn.org/en/cases/national-association-advancement-colored-people-minnesota-dakotas-area-state-conference-et-a
Republican National Committee
June 22, 2020
“Democrats continue to try to redesign our entire election system a mere months before November to fit their partisan agenda. By automatically sending ballots to voters, even those who have moved or passed away, we open the door to an excess of ballots and potential election fraud. Moreover, we have an Election Day for a reason. A system that allows for troves of late-arriving ballots is ripe for fraud and weeks of prolonged litigation, and that does nothing but undermine Americans’ confidence in our elections.” – RNC Chairwoman Ronna McDaniel
“Democrats and their lawyers will stop at nothing to unfairly game the electoral system. The NRCC is proud to partner with the RNC and the Minnesota GOP to ensure integrity in our elections.” – NRCC Chairman Tom Emmer
“From ballot harvesting to eliminating deadlines to allow Democrats to 'find' ballots and wasting taxpayer dollars sending ballots to all voters it’s imperative that we act now to prevent election interference and intimidation. Once again, Democrats are attempting to try to win the election through the courts rather than on the ballot as they know they will be unable to defeat President Trump and our Republican candidates in November. This is why it's so imperative for us to join the Republican National Committee to intervene and prevent these liberal tactics.” – Republican Party of Minnesota Chairwoman Jennifer Carnahan
Minnesota Lawsuit Eliminates Safeguards for Absentee Ballots:
High Profile Democrat Attorneys Pushing Steve Simon’s Agenda:
Democrats Continue Their Attempts to Weaken the Electoral Process in Minnesota:
These latest attempt is not the first time Democrats have sought to fundamentally change the way Minnesotans vote.
Background:
The RNC continues to fight back against the Democrats’ assault on the integrity of our elections by intervening in left-wing backed lawsuits across the country. Last night, RNC intervened to protect election integrity in Minnesota against Democrat attempts to remove ballot deadlines by Election Day. The Republicans recently sued Clark County in Nevada for hiding evidence of a shady backroom election deal. Republicans have also sued California Gov. Gavin Newsom over his brazen and illegal power grab to make California a vote-by-mail state. Adding to their fight against Democrat efforts, Republicans have also recently intervened in a lawsuit Democrats brought in Florida, where they demanded county supervisors of elections willfully ignore and violate Florida election law by prohibiting enforcement of the state’s ban on ballot harvesting, and allow ballots to be counted after Election Day. The Commonwealth Court of Pennsylvania recently handed Republicans a big victory, throwing out a left-wing lawsuit to allow ballots to be counted after Election Day. Similar radical lawsuits are being fought in states like Michigan, New Mexico, and Arizona. The RNC recently doubled its legal budget to $20 million to fight these efforts, and you can learn more at www.ProtectTheVote.com.
###
ACLU of Minnesota
Inga Sarda-Sorensen, ACLU National
Lynette Kalsnes, ACLU of Minnesota
June 5, 2020
The lawsuit, filed on behalf of the NAACP and individual voters, asks that absentee ballots be sent to all registered voters, and that a requirement that forces voters to get a witness to sign their ballot envelope be suspended due to risk of exposure to COVID-19.
The witness requirement and lack of universal absentee ballots could disenfranchise thousands of eligible voters who cannot risk contact with other individuals to obtain a witness signature on their absentee ballot or to vote in person.
“Racial justice depends in part on voting access,” said ACLU-MN Staff Attorney David McKinney. “Because COVID-19 poses a unique and lethal threat to every Minnesotan, especially people of color, the elderly, people who live alone, and people with certain underlying health conditions, we are seeking greater ballot access in this year’s election. No Minnesotan should have to choose between the right to vote and their health."
"Fundamentally, this case is about the ability of voters to exercise the franchise our heroes fought so long and hard to secure,” said NAACP Minnesota-Dakotas Area State Conference President William Jordan, Jr. “Elections go forward, even in times of crisis. States have a responsibility to ensure voting is as safe and accessible as possible, and that includes offering multiple ways to safely cast a ballot. We can't afford to sacrifice our democracy to a pandemic."
The lawsuit notes that as “elected officials make decisions of extraordinary impact to the lives and welfare of the State’s residents, the pandemic has only magnified the critical importance of the right to participate in our elections. Despite widespread public support for voting by mail, the Legislature has nonetheless refused to make any accommodation to ensure that the right to vote is not unnecessarily or unreasonably burdened by the profound risks to individual health, public health, and access to the ballot box caused by the COVID-19 pandemic.”
“Removing the witness requirement and providing absentee ballots to registered voters during COVID-19 will protect Minnesotans’ health and their right to vote. These are sensible solutions,” said Theresa Lee, a staff attorney with the ACLU’s Voting Rights Project.
The complaint in National Association for the Advancement of Colored People Minnesota-Dakotas Area State Conference et al. v. Minnesota Secretary of State, Steve Simon, in his official capacity, cites violations of the Minnesota Constitution and state laws. It was filed in Ramsey County District Court in Saint Paul.
The state’s action follows a lawsuit filed by the American Civil Liberties Union, ACLU of Minnesota, and Faegre Drinker on behalf of the NAACP and individual voters.
The lawsuit in part asked that a requirement that forces voters to get a witness/notary to sign their ballot envelope be suspended due to the risk of exposure to COVID-19.
Ramsey County District Judge Sara Grewing wrote in her order: “By requiring voters who live alone to place their lives and health in danger in order to exercise their fundamental right to vote, it is reasonable to conclude that the witness requirement impermissibly and irrationally denies the fundamental right to those individuals while there is still ongoing community transmission of COVID-19.”
The judge noted that it’s undisputed that the consent decree is non-partisan, and it gives the state plenty of time to “provide instruction and certainty to voters and local election officials before absentee voting begins.”
The following is reaction to today’s order:
Theresa Lee, a staff attorney with the ACLU’s Voting Rights Project, said: “This agreement is a victory for Minnesotans who can’t risk exposure to COVID-19 in order to secure a signature on a ballot. This agreement is a sensible solution that will help protect Minnesotans’ health and their right to vote.”
ACLU of Minnesota staff attorney David McKinney said: “We’re pleased that the court approved this agreement, which will remove barriers to voting in the general election for Minnesota voters, especially people who live alone or who are at high risk for COVID-19. No one should have to choose between their health and their fundamental right to vote.”
NAACP Minnesota-Dakotas Area State Conference President William Jordan Jr. said: “This decision is a step in the right direction that places voters and constituents at the center of elections. As we continue to navigate through this COVID-19 pandemic and alternate reality, we must continue to be malleable to the needs of the community. The health and safety of the electorate during this critical time should be of great concern to all of us.”
Case information: https://www.aclu-mn.org/en/cases/national-association-advancement-colored-people-minnesota-dakotas-area-state-conference-et-a
Republican National Committee
June 22, 2020
RNC Intervenes in Additional Democrat Lawsuit to Prevent Mass Sending of Ballots Without Safeguards
WASHINGTON – Today, the Republican National Committee, the National Republican Congressional Committee, the Donald J. Trump for President, Inc., and the Republican Party of Minnesota announced their intention to intervene in ACLU/NAACP v. Simon, yet another lawsuit brought by left-wing organizations in Minnesota that seeks to automatically send ballots to voters, including those who are inactive or may have moved or passed away. This comes on the heels of an additional action taken Thursday, where the RNC and Republican groups announced their intentions to fight back against Democrat attempts to remove Election Day ballot deadlines. Read more on this here.“Democrats continue to try to redesign our entire election system a mere months before November to fit their partisan agenda. By automatically sending ballots to voters, even those who have moved or passed away, we open the door to an excess of ballots and potential election fraud. Moreover, we have an Election Day for a reason. A system that allows for troves of late-arriving ballots is ripe for fraud and weeks of prolonged litigation, and that does nothing but undermine Americans’ confidence in our elections.” – RNC Chairwoman Ronna McDaniel
“Democrats and their lawyers will stop at nothing to unfairly game the electoral system. The NRCC is proud to partner with the RNC and the Minnesota GOP to ensure integrity in our elections.” – NRCC Chairman Tom Emmer
“From ballot harvesting to eliminating deadlines to allow Democrats to 'find' ballots and wasting taxpayer dollars sending ballots to all voters it’s imperative that we act now to prevent election interference and intimidation. Once again, Democrats are attempting to try to win the election through the courts rather than on the ballot as they know they will be unable to defeat President Trump and our Republican candidates in November. This is why it's so imperative for us to join the Republican National Committee to intervene and prevent these liberal tactics.” – Republican Party of Minnesota Chairwoman Jennifer Carnahan
Minnesota Lawsuit Eliminates Safeguards for Absentee Ballots:
- Democrats
are attempting to circumvent state
law by allowing for the
automatic dissemination of mail-in
ballots statewide, including sending
ballots to inactive voters, those
who have died, or those who may have
moved away.
- Earlier this year, a Democrat-funded lawsuit in Nevada sought to send ballots to all voters – regardless of the status as an active voter. Because of this, excess ballots piled up in trash cans and apartment complexes, forcing a postal worker to say “something stinks here.”
- Meanwhile, the courts ruled in Pennsylvania regarding a similar lawsuit that Democrats failed to show how voters would be harmed by their absentee ballot laws.
- Minnesota laws regarding absentee ballots are already broad and generous. Current law allows voters to request absentee ballots by mail, fax, email, or online months in advance, giving every Minnesotan ample opportunity to request, vote, and return their ballots in a timely manner.
High Profile Democrat Attorneys Pushing Steve Simon’s Agenda:
- Left-wing organizations are now pushing for the same electoral change Steve Simon failed to get passed in the Minnesota legislature, this time trying to use activist courts.
- In April, Simon pushed legislation that would “expand mail-in voting and reduce in-person polling locations,” according to The Star Tribune. However, the legislation went nowhere as Minnesota Republicans pushed back.
- In return, lawsuits from Democrat-friendly organizations allow Simon and Attorney General Keith Ellison to settle out of court, without having to go through the legislature to make the change they desire.
You can view the filings here.
Democrats Continue Their Attempts to Weaken the Electoral Process in Minnesota:
These latest attempt is not the first time Democrats have sought to fundamentally change the way Minnesotans vote.
- In March, the RNC and Republican Party of Minnesota intervened in two lawsuits to defend common-sense laws that have been enforced by officials from both parties in the past.
- The first suit sought to defend Minnesota’s Ballot Harvesting Ban, protecting voters from the large-scale harvesting of absentee ballots by political operatives.
- The second sought to defend Minnesota’s Voter Protection Law, which protects voters from attempts to unduly influence them when casting their ballot.
- On Thursday, the RNC intervened in LaRose v. Simon and the League of Women Voters of Minnesota v. Simon – both seeking to eliminate the Election Day deadline for mail-in ballots.
Background:
The RNC continues to fight back against the Democrats’ assault on the integrity of our elections by intervening in left-wing backed lawsuits across the country. Last night, RNC intervened to protect election integrity in Minnesota against Democrat attempts to remove ballot deadlines by Election Day. The Republicans recently sued Clark County in Nevada for hiding evidence of a shady backroom election deal. Republicans have also sued California Gov. Gavin Newsom over his brazen and illegal power grab to make California a vote-by-mail state. Adding to their fight against Democrat efforts, Republicans have also recently intervened in a lawsuit Democrats brought in Florida, where they demanded county supervisors of elections willfully ignore and violate Florida election law by prohibiting enforcement of the state’s ban on ballot harvesting, and allow ballots to be counted after Election Day. The Commonwealth Court of Pennsylvania recently handed Republicans a big victory, throwing out a left-wing lawsuit to allow ballots to be counted after Election Day. Similar radical lawsuits are being fought in states like Michigan, New Mexico, and Arizona. The RNC recently doubled its legal budget to $20 million to fight these efforts, and you can learn more at www.ProtectTheVote.com.
###
ACLU of Minnesota
Inga Sarda-Sorensen, ACLU National
Lynette Kalsnes, ACLU of Minnesota
June 5, 2020
ACLU AND NAACP FILE LAWSUIT TO MAKE VOTING SAFER FOR MINNESOTANS DURING COVID-19 CRISIS
ST. PAUL, Minn. — The American Civil Liberties Union, ACLU of Minnesota, and Faegre Drinker LLP have sued Minnesota Secretary of State Steve Simon to make voting safer in Minnesota in the midst of the COVID-19 pandemic.The lawsuit, filed on behalf of the NAACP and individual voters, asks that absentee ballots be sent to all registered voters, and that a requirement that forces voters to get a witness to sign their ballot envelope be suspended due to risk of exposure to COVID-19.
The witness requirement and lack of universal absentee ballots could disenfranchise thousands of eligible voters who cannot risk contact with other individuals to obtain a witness signature on their absentee ballot or to vote in person.
“Racial justice depends in part on voting access,” said ACLU-MN Staff Attorney David McKinney. “Because COVID-19 poses a unique and lethal threat to every Minnesotan, especially people of color, the elderly, people who live alone, and people with certain underlying health conditions, we are seeking greater ballot access in this year’s election. No Minnesotan should have to choose between the right to vote and their health."
"Fundamentally, this case is about the ability of voters to exercise the franchise our heroes fought so long and hard to secure,” said NAACP Minnesota-Dakotas Area State Conference President William Jordan, Jr. “Elections go forward, even in times of crisis. States have a responsibility to ensure voting is as safe and accessible as possible, and that includes offering multiple ways to safely cast a ballot. We can't afford to sacrifice our democracy to a pandemic."
The lawsuit notes that as “elected officials make decisions of extraordinary impact to the lives and welfare of the State’s residents, the pandemic has only magnified the critical importance of the right to participate in our elections. Despite widespread public support for voting by mail, the Legislature has nonetheless refused to make any accommodation to ensure that the right to vote is not unnecessarily or unreasonably burdened by the profound risks to individual health, public health, and access to the ballot box caused by the COVID-19 pandemic.”
“Removing the witness requirement and providing absentee ballots to registered voters during COVID-19 will protect Minnesotans’ health and their right to vote. These are sensible solutions,” said Theresa Lee, a staff attorney with the ACLU’s Voting Rights Project.
The complaint in National Association for the Advancement of Colored People Minnesota-Dakotas Area State Conference et al. v. Minnesota Secretary of State, Steve Simon, in his official capacity, cites violations of the Minnesota Constitution and state laws. It was filed in Ramsey County District Court in Saint Paul.
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