Minn. Voters Alliance v. Simon, A16–0960.

• Citation: 885 N.W.2d 660
• Decision Date: 28 September 2016
• Docket Number: No. A16–0960.,A16–0960.
• Parties: MINNESOTA VOTERS ALLIANCE and Kirk Stensrud, Petitioners, v. Steve SIMON, only in his official capacity as the Minnesota Secretary of State, Joe Mansky, only in his official capacity as the Ramsey County Election Manager, Virginia Gelms, only in her official capacity as the Hennepin County Election Manager, and Election Judges John and Jane Doe, only in their official capacities as Election Judges, Respondents.
• Court: Supreme Court of Minnesota (US)

885 N.W.2d 660

MINNESOTA VOTERS ALLIANCE and Kirk Stensrud, Petitioners,
v.
Steve SIMON, only in his official capacity as the Minnesota Secretary of State, Joe Mansky, only in his official capacity as the Ramsey County Election Manager, Virginia Gelms, only in her official capacity as the Hennepin County Election Manager, and Election Judges John and Jane Doe, only in their official capacities as Election Judges, Respondents.

No. A16–0960.

Supreme Court of Minnesota.

Sept. 28, 2016.

Erick G. Kaardal, Mohrman, Kaardal & Erickson, P.A., Minneapolis, MN, for petitioners.

Lori Swanson, Attorney General, Nathan J. Hartshorn, Assistant Attorney General, Saint Paul, MN, for respondent Minnesota Secretary of State Steve Simon.

John J. Choi, Ramsey County Attorney, Robert B. Roche, Assistant County Attorney, Saint Paul, MN, for respondent Ramsey County Election Manager Joe Mansky.

Michael O. Freeman, Hennepin County Attorney, Daniel P. Rogan, Assistant County Attorney, Minneapolis, MN, for respondent Hennepin County Election Manager Virginia Gelms.

William Z. Pentelovitch, Judah A. Druck, Maslon LLP, Minneapolis, MN; and Teresa Nelson, Saint Paul, MN, for amici curiae American Civil Liberties Union of Minnesota, League of Women Voters Minnesota, Jewish Community Action, Education Minnesota, and Project Vote.

Considered and decided by the court without oral argument.

OPINION

PER CURIAM.

On June 15, 2016, the Minnesota Voters Alliance and Kirk Stensrud filed a petition under Minn.Stat. § 204B.44 (Supp.2015), asserting that respondents are not taking the necessary steps to ensure that those ineligible to vote are not permitted to vote. Specifically, petitioners contend that respondents' alleged failures to identify people deemed ineligible to vote by reason of a court order, and allowing these people to certify their eligibility to vote even though election officials know by reason of a court order that these people are ineligible to vote, violates the separation-of-powers doctrine and implicates the constitutional rights of eligible voters. Petitioners ask us to declare the actions of the Secretary of State and election officials unconstitutional, to issue an order directing those officials to stop allowing individuals to self-certify their eligibility to vote, and to grant petitioners' requested relief in advance of the general election on November 8, 2016.

In an order filed June 21, 2016, we directed respondents Secretary of State Steve Simon, Ramsey County Election Manager Joe Mansky, and Hennepin County Election Manager Virginia Gelms to respond to the petition by addressing several questions, including whether the petition properly invokes our original jurisdiction under Minn.Stat. § 204B.44.¹ Based on the nature of the allegations and the availability of an alternative and adequate remedy in the district court, we conclude that, even if we had original jurisdiction under Minn.Stat. § 204B.44(a)(4), we would not exercise it here, and, therefore, we dismiss the petition.²

885 N.W.2d 662

We begin with a brief discussion of the laws that govern voter registration and eligibility to vote. The Minnesota Constitution grants the right to vote. Minn. Const. art. VII, § 1 (providing that “[e]very person 18 years of age” or older who has been a U.S. citizen for 3 months and has resided in the precinct for the 30 days preceding the election “shall be entitled to vote in that precinct”). By statute, any individual who, “at the time of an election,” is at least 18 years old, a U.S. citizen, and a Minnesota resident for at least 20 days before the election “is eligible to vote.” Minn.Stat. § 201.014, subd. 1 (2014).

The constitution also provides that “a person who has been convicted of treason or felony, unless restored to civil rights,” and “a person under guardianship, or a person who is insane or not mentally competent” is not eligible to vote.³ Minn. Const. art. VII, § 1 ; see also Minn.Stat. §§ 201.014, subd. 2 (same), 609B.610 (2014) (“An individual convicted of treason or any felony whose civil rights have not been restored is not eligible to vote....”). But the Legislature has identified the circumstances under which the voting rights of felons and wards are restored. The voting right of a felon is restored upon discharge of the conviction. Minn.Stat. § 609.165, subds. 1–2 (2014) (stating that upon discharge of a conviction due to court order or sentence expiration, “such discharge shall restore the person to all civil rights, ... with full right to vote”). A ward whose right to vote has specifically been restricted by court order must have that right restored by a subsequent court order. Minn.Stat. § 201.014 (2014) ; see Minn. Voters Alliance v. Ritchie, 890 F.Supp.2d 1106, 1117 (D.Minn.2012) (“[T]he constitutional prohibition against voting based on guardianship status applies only when there has been an individualized judicial finding of incapacity to vote.”)⁴

In order to vote, eligible persons must register, Minn.Stat. § 201.018, subd. 2 (2014), and they do so by completing “a voter registration application” at least 20 days before an election, by registering when submitting an absentee ballot, or by registering on the day of an election, Minn.Stat. §§ 201.054, subd. 1, 201.061, subds. 1, 3, 203B.04, subd. 4 (2014). Applicants certify eligibility to vote by signing the registration application, see Minn.Stat. § 201.071, subd. 1 (2014) (providing the form of the voter registration application and the certification of voter eligibility); by completing the certificate of eligibility included with an absentee ballot, see Minn.Stat. § 203B.07, subd. 3 (describing the “certificate of eligibility” on the “back of the return envelope” for an absentee ballot); or by completing the registration process on election day, see Minn.Stat. § 201.061, subd. 3 (2014) (describing the procedures for registration “at the polling place”). As part of this process, the persons certify that they have “not been found

885 N.W.2d 663

by a court to be legally incompetent to vote” and that they “have the right to vote because, if [they] have been convicted of a felony, [their] felony sentence has expired (been completed) or [they] have been discharged from [their] sentence.” Minn.Stat. § 201.071, subd. 1.

Voter registration applications are used to compile and update Minnesota's statewide voter registration system and database. Minn.Stat. § 201.081, subd. 1 (2014) (“The statewide registration system is the official record of registered voters.”); see also Minn.Stat. §§ 200.02, subd. 20 (“ ‘Statewide registration system’ means the computerized central statewide voter registration system and database developed and maintained by the secretary of state ....”), 201.022, subd. 1 (2014) (“The secretary of state shall maintain a statewide voter registration system to facilitate voter registration and to provide a central database containing voter registration information....”). Data on people “registered to vote” are maintained in the system and are updated based on the information provided to the Secretary of State by several government entities, including the Department of Health, the Department of Public Safety, the State Court Administrator, and the Department of Corrections. See Minn.Stat. §§ 201.13, subds. 1–1a, 201.14, 201.15 –.158 (2014).⁵ As part of the updating process, county auditors must “change the status” of registered voters to reflect the status reported by these entities, including marking registered voters as “challenged” for felony convictions, or removing a challenge from the voter's record if a felon has been “discharged from a sentence.” See Minn.Stat. §§ 201.157 –.158. A “master list” of registered voters, updated with the information provided to the Secretary of State, is provided to each county auditor at regular intervals, including in advance of absentee and in-person voting. Minn.Stat. § 201.091 (2014).

On election day, an election judge must “challenge an individual whom the [election judge] knows or reasonably believes is not an eligible voter.” Minn.Stat. § 204C.12, subd. 1 (2014). If a challenge is made, the election judge administers an oath to the challenged individual and asks “sufficient questions to test that individual's residence and right to vote.” Id., subd. 2 (2014). “If the challenged individual's answers to the questions show ineligibility to vote in that precinct, the individual shall not be allowed to vote.” Id., subd. 3 (2014). But if “the answers to the questions fail to show that the individual is not eligible to vote in that precinct and the challenge is not withdrawn,” the election judge verbally “administer[s] the oath on the voter certificate,” and after taking the oath, completing, and signing the certificate, “the challenged individual shall be allowed to vote.” Id.

With these eligibility and registration standards in mind, we turn to the allegations of the petition before us. Petitioners allege that despite receiving information on a continuing basis regarding felons and wards whose right to vote has been revoked or otherwise restricted (including from publicly available court orders), Minnesota election officials fail to adequately update the statewide voter registration system in a timely fashion to include updated status information for persons not yet

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