Dear Governor Walz and Secretary of State Simon:
On behalf of the Libertarian Party of Minnesota (LPMN) we write regarding the expected reissuance of a writ of special election for House District 40B. As you know, yesterday the Minnesota Supreme Court quashed the original writ, having determined it was issued prematurely per Minn. Stat. § 204D.19, subd. 4.
We fully share your objective to fill vacancies expeditiously. Voters deserve to be represented while the legislature is in session. But an election that provides no conceivable means for minor party and independent candidates to participate is not worth the haste. Voters deserve the opportunity to cast their votes for candidates other than those put forth by the major parties.
Per Minn. Stat. § 204D.22 a writ must be posted “at least five days before the close of the time for filing affidavits of candidacy for the special election.” In yesterday’s order quashing the writ, the Court declined to address this statute, but that does not clear you of the obligation to comply with it. We addressed our concerns in an amicus brief in this case, and we are fully prepared to file our own 204B.44 petition if you issue any new writs of special election that do not provide – at the very least – a five-day notice.
Your last four writs of special election did not abide by this notice requirement. This practice must end, and we certainly cannot allow it to be considered “absolutely ordinary,” as was asserted by your lawyer in oral argument before the Court. Indeed, your most recent writ (Senate District 60), provided only one day’s notice. A single day may be sufficient for major party candidates to file an affidavit of candidacy, but it is absurd to suggest it provides sufficient time for minor parties to call a special meeting to endorse a candidate and gather 500 signatures.
Respectfully submitted,
Rebecca Whiting, Chair Rebecca.Whiting@LPMN.org
Chip Tangen, Vice Chair and Political Director Chip.Tangen@LPMN.org
