Minnesota Voters Alliance v. Mansky, No. 15-1682 (8th Cir. 2017)Annotate this Case
Plaintiffs filed suit against the Minnesota Secretary of State and others, challenging a statute prohibiting the wearing of political insignia at a polling place, Minnesota Statute 211B.11. This court reversed the dismissal of plaintiffs' as-applied First Amendment claim in Minnesota Majority v. Mansky, 708 F.3d 1051, 1059 (8th Cir. 2013). The district court, on remand, granted summary judgment for defendants. The court concluded that the statute and Policy are viewpoint neutral and facially reasonable. The court noted that the statute and Policy prohibit more than election-related apparel. The court explained that, even if Tea Party apparel was not election-related, it was not unreasonable to prohibit it in a polling place. In order to ensure a neutral, influence-free polling place, all political material was banned. In this case, EIW offered nothing to rebut evidence that the Tea Party has recognizable political views. The court concluded that the district court properly granted summary judgment because no reasonable trier of fact could conclude that the statute and Policy as applied to EIW violated its First Amendment rights. Accordingly, the court affirmed the judgment.
The court issued a subsequent related opinion or order on August 3, 2018.
- Minnesota Voters Alliance v. Mansky, No. 16-1435 (U.S. Jun. 14, 2018)