This database consolidates and tracks litigation concerning the effect of the pandemic on election law. The purpose of this tool is to provide an interactive list of relevant cases that can be searched by issue, court, status, and jurisdiction.
Case Details
Kistner v. Simon
Closed
Kistner v. Simon, No. A20-1486 (Minn. Sup. Ct.) |
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| Case Summary | Petitioners, candidates for Minnesota state congress, seek an immediate temporary restraining order from the Minnesota Supreme Court enjoining the State Canvassing Board from certifying Minnesota's election results. Petitioners allege that the Secretary of state impermissibly removed barriers (suspended the witness requirement) to absentee voting, in violation of separation of powers, and did not provide adequate poll observer access, violating due process. | |
| Filed | 11/24/2020 | |
| State | Minnesota | |
| Type of Court | State | |
| Status | Closed () | |
| Last Updated | 12/05/2020 | |
| Issue Tag(s) | Vote-by-Mail (Poll Observer Access) Authority To Act (State Separation of Powers) |
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| Complaint(s) | 11/24/2020: Complaint filed. | |
| Dispositive Ruling(s) | 12/04/2020: Order/Ruling, The Minnesota Supreme Court dismissed the case. It held that the doctrine of laches applied to petitioners' claims against the Secretary of State - that they had adequate time, starting from Sept. 18, to bring suit prior to the election but failed to do so. With respect to observer access to post-election review, the court held that Minnesota law requires that such charges be served against county election officials, the court asked petitioners to do so, and petitioners did not. | |
