MN GOP files suit over timing of 40B special election
The Republican Party of Minnesota filed suit yesterday (Saturday) contesting the timing of the special election scheduled for January 28 for House District 40B (Roseville area). A press conference is slated for Monday (tomorrow) afternoon at the Capitol.
The 33-page petition can be viewed here, courtesy of AlphaNews.
You will recall my New Year’s Day post, in which I lay out the facts of the House 40B race, where the courts determined that the Democratic candidate in the race last fall did not meet statutory residency requirements to run in the district.
But, strictly speaking, the requirements to schedule a special election have not yet been met under state law. Until the new legislature convenes on January 14, the seat is not currently vacant as it is still held by the outgoing member, who chose not to run for re-election.
Gov. Tim Walz and Secretary of State Steve Simon are the lead respondents (defendants) in the case. Among the lawsuit’s petitioners (plaintiffs) are two voters who reside within District 4OB. They are represented by our friends at the Upper Midwest Law Center (UMLC).
[It’s been almost a year since our former offices in Golden Valley were firebombed, along with UMLC and TakeCharge. The case was never solved, despite the best efforts of multiple federal, state and local agencies.]
The timing of the special election is of more than academic concern. Every day the election is postponed beyond January 28 is another day that Republicans are guaranteed to hold a majority (67-66) of House seats. With majority control comes control over the floor agenda and the operation of House committees.
One of the most pressing issues facing the new legislature is the raging epidemic of fraud against state government welfare programs. In the past six years, during which Democrats controlled the House, not a single oversight hearing has been held on the subject.
Beyond practicality, the principle involved here is the Rule of Law. To this layman, the law and the facts are unusually clear in this case. Will the courts allow Democrats to ignore the letter of the law when doing so gives them a partisan advantage? I sympathize with the good citizens of House 40B, who may be without representation for many weeks this winter, but laws should be laws and apply equally to everyone.
AlphaNews was the first to report on the lawsuit filing. KSTP-TV is up with a story, which includes a reaction from the Governor.
As for the 40B special election itself, the field has already been winnowed down to the Republican Paul Wikstrom, who ran in November, and Democrat David Gottfried, who prevailed in a multi-candidate emergency party convention held on New Year’s Day.