More on lawsuit questioning validity of Gutknecht's filing petition
A Bluestem Prairie — the best resource I know of on the Gutknecht-Walz race — offers an excellent start on a legal analysis of the lawsuit challenging the legitimacy of Rep. Gutknecht's filing petition. However, delving deeper I find that the lawsuit is apparently based on an ambiguity in the law. Section 204B.08 "Signing petitions" states:
This wording is clear: A petition must be signed during the filing window. However, section 204B.09 states:
This seems to contradict "Subdivision 1. Time for signing."
So which is the valid time for collecting signatures? During the filing period, as indicated by 204B.08? Or during the "time between 60 days before the filing period opens and the last day of the filing period" as written in 204B.09? And what is the definition of "petition" vs. the definition of "affidavit"?
Ultimately, the court hearing the lawsuit must interpret the intention of the legislature when it wrote the law.
Republicans, of course, are claiming that the lawsuit is a political dirty trick. And certainly Democrats would do the same if the roles were reversed. It's all part of our somewhat (only "somewhat"?) perverse political system.
Vox Verax usually will not weigh in on issues before a court. However, from our reading of the law the legislature's intent appears to allow a broader period than simply the filing window for gathering petition signatures; otherwise, it would not have included the "60 days" clause.
Whether or not the petition signatures were collected within the 74-day window as indicated by section 204B.09 is a matter that the court may or may not take up. Regardless of the outcome of the case, the legislature needs to clarify the wording of the law in its next session.
LP
Subdivision 1. Time for signing. Nominating petitions shall be signed during the period when petitions may be filed as provided in section 204B.09. [Italics mine.]
This wording is clear: A petition must be signed during the filing window. However, section 204B.09 states:
Subdivision 1. Candidates in state and county general elections. (a) Except as otherwise provided by this subdivision, affidavits of candidacy and nominating petitions for county, state, and federal offices filled at the state general election shall be filed not more than 70 days nor less than 56 days before the state primary. The affidavit may be prepared and signed at any time between 60 days before the filing period opens and the last day of the filing period. [Italics mine.]
This seems to contradict "Subdivision 1. Time for signing."
So which is the valid time for collecting signatures? During the filing period, as indicated by 204B.08? Or during the "time between 60 days before the filing period opens and the last day of the filing period" as written in 204B.09? And what is the definition of "petition" vs. the definition of "affidavit"?
Ultimately, the court hearing the lawsuit must interpret the intention of the legislature when it wrote the law.
Republicans, of course, are claiming that the lawsuit is a political dirty trick. And certainly Democrats would do the same if the roles were reversed. It's all part of our somewhat (only "somewhat"?) perverse political system.
Vox Verax usually will not weigh in on issues before a court. However, from our reading of the law the legislature's intent appears to allow a broader period than simply the filing window for gathering petition signatures; otherwise, it would not have included the "60 days" clause.
Whether or not the petition signatures were collected within the 74-day window as indicated by section 204B.09 is a matter that the court may or may not take up. Regardless of the outcome of the case, the legislature needs to clarify the wording of the law in its next session.
LP
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