UNITED STATES DISTRICT COURTDISTRICT OF MINNESOTA Civil File No. 12-CV-00519 DWF/LIB ___________________________________________________________________
Minnesota Voters Alliance, Minnesota Freedom Council,Sondra Erickson, Montgomery Jensen, Ron Kaus, Jodi Lyn Nelson,Sharon Stene, as the guardian and friend for James Stene,Richard M. Smisson, and Kathleen M. Olson,Plaintiffs, vs.Mark Ritchie, individually and in his official capacity as Secretary of State for the State of Minnesota, and his successors; Lori Swanson, individually and in her official capacity as theMinnesota Attorney General, and her successors; Joe Mansky, individually and in his officialcapacity as the Elections Manager for Ramsey County, Minnesota, and his successors; John J. Choi, individually and in his official capacity as the County Attorney for Ramsey County,Minnesota, and his successors; Laureen E. Borden, individually and in her official capacity asthe Auditor-Treasurer for Crow Wing County, Minnesota, and her successors; and DonaldF. Ryan, individually and in his official capacity as County Attorney for Crow Wing,Minnesota, and his successors; Dennis J. Freed, individually and in his official capacity as the Auditor for Chisago County, Minnesota, and his successors; and Janet Reiter, individually and in her official capacity as County Attorney for Chisago County, Minnesota and hersuccessors,Defendants.
FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEFandDEMAND FOR JURY TRIAL _______________________________________________________________________
The above-named Plaintiffs for their Amended Complaint allege as follows:
2
INTRODUCTION
1.
This Complaint is based on voter’s associational and voting rights. Voters have theright to associate with other voters and candidates for the advancement of politicalbeliefs. Qualified voters, regardless of their political persuasion, also have the right tocast their votes effectively.2.
The Defendants, on the election days in November 2008 and 2010, waived thequalifications found under Article VII, section 1 of the Minnesota Constitution forelection day registrants by not confirming that each person is entitled to vote. TheState directs the counties to confirm the entitlement of each election day registrantafter the election. In 2008 and 2010, thousands of persons were unconfirmed asentitled to vote but their votes were counted on those election days. Thus, personsentitled to vote had their ballots counted with persons not entitled to vote violating Minn. Const. art. VII, § 1 and the constitutional protections of due process, equalprotection, and association (including all unenumerated rights). State laws are alsoimplicated as constitutionally infirm. The Defendants will waive the requirements of Article VII, § 1 again on election day in November 2012. The implications areprofound.3.
The Defendants cannot arbitrarily waive the entitlement requirements of Article VII,§ 1 with impunity on election day. Thus, the Plaintiffs seek injunctive relief requiring the State and counties to confirm the entitlement to vote of each election day registrant before permitting their ballot to count in the November 2012 election, andany election thereafter. Under the present system, with election day results counting
3non-entitled persons’ ballots with and mixed with entitled voters’ ballots, the Statecannot ensure that the winner of each election is the choice of the majority or even astrong plurality of entitled voters.
JURISDICTION
4.
The jurisdiction of this Court is found under 28 US.C. §§ 1331 (federal question)1343, (1)-(4), the First Amendment, the Fifth Amendment, the Ninth Amendment,and the Fourteenth Amendment of the United States Constitution.5.
This Court is authorized to grant declaratory and injunctive relief under 28 U.S.C. §2201 and 2202, Federal Rules of Civil Procedure 57 and 65, and has general legal andequitable powers.6.
Venue is proper in this Court under 28 U.S.C. § 1391. Plaintiffs further invoke thependent jurisdiction of this Court to consider claims arising under state law.
PARTIES A.
Plaintiffs
7.
Plaintiff Sondra Erickson is presently an elected official with the Minnesota StateHouse of Representatives. In 2008, she ran for an elected office for a seat in the StateHouse of Representatives. She lost during that presidential election year by 89 votesin a re-count. In the 2010 election she won her seat in the State House of Representatives. Erickson is a registered and eligible voter within her district andintends to be a candidate in the 2012 general election.8.
Plaintiff Montgomery Jensen is a United States citizen and resident of Crow Wing County Minnesota. He is a registered voter and is a person eligible and has been
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