Craig v. Simon, No. 20-3126 (8th Cir. 2020)
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The Eighth Circuit denied the motion for an administrative stay and stay pending appeal of the district court's injunction in a dispute relating to the general election scheduled for November 3, 2020. This action concerns the validity of Minn. Stat. 204B.13, subd. 2(c), which addresses the administration of an election when the candidate of a major political party dies after the seventy-ninth day before a general election. The section states that the governor "shall issue a writ calling for a special election to be conducted on the second Tuesday in February of the year following the year the vacancy in nomination occurred"—in this case, February 9, 2021.
The district court ruled that the Minnesota statute is likely preempted, ordered that section 204B.13 must not be enforced as to the election on November 3 for Representative from the Second District, and enjoined the Minnesota Secretary of State from refusing to give legal effect to the ballots cast for Representative on November 3.
The court held that appellant is not likely to succeed on the merits of his contention that section 204B.13, as applied to the current situation, may coexist with the federal election laws. The court stated that even if the death of a Republican or Democratic-Farmer-Labor candidate could qualify as an exigent circumstance that would allow the State to cancel an election and trigger a vacancy in office, it is unlikely that the rationale would extend to the death of a third-party candidate from a party with the modest electoral strength exhibited to date by the Legal Marijuana Now Party in Minnesota. Furthermore, that a short period of uncertainty affected campaign fundraising and tactical decisions by the candidates also does not justify a stay of the injunction without a likelihood of success on the merits.
Court Description: [Colloton, Author, with Loken and Benton, Circuit Judges] Civil case - Minnesota Election Law. Plaintiff, the Democratic candidate for the Second Congressional District, filed this action challenging Minnesota Stat. Section 204B.13, which addresses the administration of an election when the candidate of a major political party dies after the seventy-ninth day before a general election; plaintiff alleged the Minnesota statute is preempted by federal election law and sought a ruling that the election could not be postponed to February, 2021; the district court ruled the statute is likely preempted by federal election law, ordered that the statute not be enforced and enjoined the Minnesota Secretary of State from refusing to give legal effect to ballots cast for Representative for the Second Congressional District on November 3; Appellant, the Republican candidate for the district, appeals, seeking a stay of the district court order. Held: the motion for an administrative stay and a stay pending appeal is denied; it is unlikely that federal law allows Minnesota to cancel the election on account of the death of a major party candidate; appellant has failed to show that he has a substantial likelihood of success on appeal, and he is not entitled to a stay; further, with respect to appellant's argument regarding harm, the effect that a short period of uncertainty had on campaign fundraising and tactical decision-making does not justify a stay of the injunction without a likelihood of success on the merits. The clerk is directed to expedite the appeal and establish, by separate order, an expedited briefing and submission schedule. [ October 22, 2020 ]
The court issued a subsequent related opinion or order on November 20, 2020.
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