Tamara Monaghen v. Steve Simon, Minnesota Secretary of State

Summary

The Minnesota Supreme Court held that Robert Barrett was constitutionally ineligible to hold the office of State Representative for Legislative District 32B because he would not have resided in the district for the required six months before the November 8, 2016 election. The court denied the request to remove Barrett's name from the general-election ballot, concluding that Minnesota law instead required the resulting vacancy in nomination to be addressed through a special election. The court ordered that Barrett's name remain on the ballot, that vote totals not be certified, and that a special election be held on February 14, 2017.

Holdings

1. Barrett was ineligible to hold the office of State Representative for Legislative District 32B because he would not have resided in that district for the six months preceding the November 8, 2016 general election.
2. The court denied the request to remove Barrett's name from the 2016 general-election ballot because Minnesota law did not provide for removal under these circumstances.
3. Because the vacancy in nomination occurred fewer than 79 days before the general election, Barrett's name was to remain on the ballot, vote totals for the office were not to be certified, and the office was to be filled at a special election on February 14, 2017.

Questions Presented

1. Whether Robert Barrett was constitutionally ineligible to run for State Representative in Legislative District 32B because he would not have resided in the district for six months immediately preceding the November 8, 2016 election.
2. Whether the Minnesota Supreme Court could remove Barrett's name from the 2016 general-election ballot after determining that he was ineligible.
3. What statutory procedures apply when a major-party candidate for a partisan office is declared ineligible less than 79 days before the general election.

Disposition

other