Zettler v. Ventura

Summary

The Minnesota Supreme Court considered an original action challenging the secretary of state's refusal to accept candidacy affidavits and place a First Judicial District judicial seat on the 2002 election ballot. The court held that, because the judge's retirement would occur at the end of his term and would leave no significant gap in judicial service, the election process was required under the Minnesota Constitution. The court granted the petition and directed the secretary of state to accept filings and place the seat on the ballot; two justices dissented.

Holdings

1. Where a judge's retirement would thwart an otherwise possible election but would leave no significant gap in judicial service, the election process under article VI, section 7 of the Minnesota Constitution is required rather than the appointment process under article VI, section 8.
2. The secretary of state's failure to accept affidavits of candidacy and place the seat on the ballot constituted a wrongful act, omission, or error concerning an election under Minn. Stat. § 204B.44(d).

Questions Presented

1. Whether the secretary of state's refusal to accept affidavits of candidacy for and place the First Judicial District judicial seat on the 2002 ballot constituted a wrongful act, omission, or error under Minn. Stat. § 204B.44(d).
2. Whether, under Minnesota Constitution article VI, sections 7 and 8, an election rather than gubernatorial appointment was required where the judge's retirement would leave no significant gap in judicial service and an election was feasible.

Disposition

writ_granted