St. Paul, MN (December 13, 2019) -- On December 13, 2019, Republican Presidential candidate Roque “Rocky” De La Fuente and Minnesota voter James Martin filed an “election errors and omissions” petition in the Minnesota Supreme Court against the Secretary of State regarding the Minnesota GOP Presidential Primary on March 3, 2020 excluding candidates other than “Donald J. Trump.” The filed petition is attached. Minnesota statutes creating the Presidential primary in Minnesota authorized the major political party chairs to designate the candidates on the respective GOP and DFL ballots. The Republican Party of Minnesota chair on October 24, 2019, designated one candidate—”Donald J. Trump”—for the GOP ballot in Minnesota. The statute requires the Secretary of State to honor the party chair’s decision. So, the GOP primary ballot on March 3, 2020 will only have one candidate’s name on it.

Plaintiffs’ attorney Erick G. Kaardal commented, “Now, in a national embarrassment, Minnesota’s election laws fail our ordinary citizens again. So, Mr. De La Fuente and Mr. Martin must file a Minnesota Supreme Court petition to fix the unconstitutional statutes. The statutes creating the Presidential primary violate Minnesota’s Article XII which prohibit individuals such as political party chairs to have such powers over a Presidential primary. Minnesota Constitution Article XII, section 1, bans the state legislature from granting any special or exclusive privilege to private corporations, associations or individuals, ‘The legislature shall pass no local or special law … granting to any private corporation, association, or individual any special or exclusive privilege, immunity or franchise whatever or authorizing public taxation for a private purpose.’ Here, the state legislature has unconstitutionally granted the political party chairs the exclusive privilege to name the candidates on a taxpayer-funded Presidential primary ballot. It’s unconstitutional. It’s nationally embarrassing.”

The petitioners have requested that the Supreme Court issue a scheduling order with an expedited briefing schedule. Oral argument has been requested prior to January 17, 2020, the date that the absentee ballots begin being mailed out for the March 3, 2020 Presidential election.

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For further information, contact Erick G. Kaardal at 612-465-0927.