Craig v. Simon, No. 20-3126 (8th Cir. 2020)Annotate this Case
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. Tyler Kistner is the candidate of the Republican Party for the United States House of Representatives in the Second Congressional District of Minnesota; Angela Craig is the incumbent Representative and the candidate of the Democratic-Farmer-Labor Party for that office; and Jenny Winslow Davies is a voter in the district. The dispute arose from the death of a third candidate in the race, Adam Charles Weeks, the Candidate for the Legal Marijuana Now Party, on September 21, 2020. At issue is whether Minnesota has authority to forego the election for Representative on November 3, 2020, and schedule a special election for February 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 Eighth Circuit affirmed the district court's order granting a preliminary injunction. The court agreed with the district court that the Minnesota statute is likely preempted by federal law. Even assuming for the sake of analysis that federal law permits a state to cancel an election and thereby to produce a "failure to elect" in certain extraordinary situations, the court concluded that federal law would allow that course only in truly "exigent" circumstances. The court concluded that the death of candidate Weeks is likely not the sort of exigent circumstance that permits the state to refrain from holding the election for United States Representative on the date prescribed by federal law. Nor do the unofficial results announced by the Secretary of State suggest that the balloting on November 3 failed to elect a Representative. Therefore, the court saw no error in the district court's determination that Craig and Davies would suffer irreparable harm without an injunction, as they would be left without representation in the House of Representatives between the end of the incumbent's term in January 2021 and the seating of a new Representative after a special election in February 2021. Furthermore, the balance of harms and the public interest do not militate against an injunction, especially when there is a likelihood of success on the merits of the complaint.
This opinion or order relates to an opinion or order originally issued on October 23, 2020.