Shot in the Dark

Tri…er, Bifect…er…uh… (Part 1)

So, last week was a big week. A good one, by Minnesota Republican standards. For the DFL, less so.

Both chambers of of the Minnesota legislature flipped to “tied” last week – one by via human tragedy, and one by hubris and stupidity.

Let’s talk stupidity and hubris first.

The House

As we noted last week, the election in House District 40B got thrown out by a Ramco Judge – DFLer Julian Castro – because the DFL winner, Curtis Johnson, hadn’t lived in the district the required six months.

Naturally, it took his GOP opponent and his supporters to dig up the information that went to trial – God knows the media isn’t going to do it. But the locals did prevail. Johnson is out.

Which, including the still-disputed 54A race, leaves the GOP one vote ahead as the session looms. Which means a GOP speaker of the House – a much better speedbump on DFL control than the “shared power” arrangement people were talking about last week.

Or it will, if the DFL can’t figure out a way to juke the rules in their favor. Which is exactly what they’re going to try to do.

On Friday, Johnson A DFL state representative-elect said Friday he will not appeal a judge’s ruling that he is ineligible to hold the office because he did not meet residency requirements for the district.

On Friday, Johnson announced he was opening the way to a special election to fill the 40B seat by “resigning“:

A DFL state representative-elect said Friday he will not appeal a judge’s ruling that he is ineligible to hold the office because he did not meet residency requirements for the district.

In a letter to Gov. Tim Walz, Curtis Johnson said he has “made the difficult decision not to accept my seat in the Minnesota House of Representatives and to resign from the Office of State Representative effective immediately and irrevocably.”

Which is great – except the couldn’t resign. He was never in the office – it’s still Becker-Finn’s seat, and Johnson’s election was voided by the court.

Pretty Vacant

And the word “vacancy” has a statutory definition:

https://twitter.com/ZachDuckworth/status/1872785256937603122

Which didn’t stop Governor Walz from declaring a special election on January 24.

Now, I’m no lawyer, but Johnson’s not the incumbent – Becker-Finn is.

So trying to jam down a special election is against the law:

https://twitter.com/nathanmhansen/status/1872851433361670437

But there is no vacancy, so (as I, and I suspect Mr. Hansen, and presumptive-Speaker Demuth) see it), the governor doesn’t get to call the special election until 22 days after Johnson isn’t sworn in, on January 14, the first day of session.

So with the House tied at 67-67 after the election, and the 54A seat in Shakopee still in court, this gives the GOP a 67-66 lead in the House, and the potential of picking up the 54A (and refusing to seat Brad Tabke until the issue is resolved in court).

I say it’s time for some intransigence.

Let’s talk about the Senate later today. 


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5 responses to “Tri…er, Bifect…er…uh… (Part 1)”

  1. justplainangry Avatar
    justplainangry

    Remember PA clerk who continued to count votes after PA Supreme Court ordered her to stop? She said everyone ignores the laws, and so would she. Did she go to jail? Laws are for little people, never for libturds. EVER.

  2. John "Bigman" Jones Avatar
    John “Bigman” Jones

    He hasn’t been seated so he can’t resign, which means the governor can’t call a special election.

    Even if he could, who would be the candidates? The guy who doesn’t live in the district? He’s not eligible, the other guy wins by default.

    Or do they get to keep switching out candidates until they find one who can garner enough fake ballots to eek out a win? How does that help preserve our precious democracy?

    If the election was between two qualified candidates and the contest was over procedural problems (such as the County throwing away ballots uncounted), then sure, run a do-over. But if one party’s candidate cheated, they shouldn’t get another shot at it. The penalty for cheating should be disqualification, not just for that cheater, but for the party that vetted and funded his campaign.

  3. passout76 Avatar
    passout76

    Looking for some wisdom here.

    My wife and I, former Republican Minneapolis residents, are often invited to work as election judges. Minneapolis is so short of Republicans, they will even take those of us who live outstate to come in and provide the legally required party balance at precincts.

    We just got invited by the elections department to participate in the special election in Senate District 60. Given this election call is NOT constitutional, should we agree to participate? My inclination is to say no.

    Here’s the email
    Hello XXXXX,
    We’re reaching out because you served as an election judge in our most recent election in Minneapolis. With the passing of Senator Kari Dziedzic (Senate District 60) over the weekend, Governor Walz has issued a formal Writ to call for a special election for the vacant seat in Northeast Minneapolis. There are 25 precincts in the district, all located northeast of the Mississippi and in the Cedar-Riverside neighborhood.
    Would you be able to serve as an election judge on January 14 and/or January 28? Email back or call 612-673-3870 to let us know.
    We are primarily looking for judges who can serve both of the following dates for full-day shifts (6 AM – closing), but we will also assign judges to only one election or half shifts if needed.
    Election dates will be:
    Special Primary (if needed*): Tuesday, January 14
    Special General Election: Tuesday, January 28
    *After candidates have been established via filing and withdrawal periods today and January 2, we will then know if a Special Primary will be held. This occurs if more than one candidate files from one of the major political parties.
    TRAINING NOTE: We will be holding optional training sessions for the new assistive ballot marking device over four dates from January 7th through 11th and one day between the two elections. All judges are invited, but not required. We will work to ensure at least some judges serving in every precinct are able to take this class.
    We will also have optional general workshops for judges who want a refresher or have questions about procedures.
    Thank you,
    Election Judge Coordinator Team
    City of Minneapolis Elections & Voter Services
    980 E Hennepin Ave
    Minneapolis, MN 55414

  4. passout76 Avatar
    passout76

    Whoops, I meant to post the above response in (Part 2). Is the election for the senate seat meeting constitutional requirements? If not I don’t want to assist.

  5. Mitch Berg Avatar
    Mitch Berg

    Not sure about “constitutional” – but my impression is that it’s not especially legal, but that there’s nothing to be done about it until someone brings a suit.

    Which, tbf, may be happening.

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