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Appeal filed in voters' rights case

Posted: October 12, 2012 - 9:15pm

An appeal regarding a federal lawsuit involving voting rights.

The case names the state and Crow Wing County as defendants. In August, the lawsuit — a challenge to same-day registration from two conservative groups and seven individuals — was dismissed by a federal judge.

The group — 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; recently filed an appeal with the U.S. Court of Appeals for the Eighth Circuit.

In dismissing the suit, the federal judge ruled no federal laws were broken and the groups failed to unearth misconduct or fully pursue their case in state courts. On the same day of the judge’s decision, the plaintiffs reported the were filing an appeal.

Crow Wing County Attorney Don Ryan and Auditor-Treasurer Laureen Borden, representatives of Ramsey County, Minnesota Secretary of State Mark Ritchie and Minnesota Attorney General Lori Swanson, were all named in the lawsuit.

Crow Wing and Ramsey counties were named as having people cast ballots in the 2010 general election who were not eligible to vote. Four people, who had their voting rights eliminated with their guardianships, voted in the 2010 election in Crow Wing County.

In the summary of the appeal, the group reports the government verifies pre-election registrants before they vote, but does not do the same for Election Day registrants.

“Further, despite state constitutional prohibitions of individuals mentally incapacitated from voting, courts grant the right without discerning if the incapacitated person knows the nature and effect of his or her vote.”

The group requested 20 minutes for oral argument.

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readermn
212
Points
readermn 10/13/12 - 10:07 am
4
3

THIS IS BULL!

Mentally handicapped people still have the right to vote regardless, UNLESS they have been individually deemed by a court of law that they cannot make an informed vote. If those people hadn't been deemed incapable by a judge, no one else... NOT EVEN THEIR FAMILY can say they cannot vote if they want to. Moreover, if that family doesn't have the court papers, guess what... too bad at preventing that person from voting! This "Minnesota Voters Alliance" is a joke and needs to give it up already!

Fair n Balanced
40535
Points
Fair n Balanced 10/13/12 - 10:53 am
3
2

readermn,

those 4 handicapped people had had their voting rights suspended by a judge. Do a little research before you yelp.

GentlemanFromBrainerd
19
Points
GentlemanFromBrainerd 10/13/12 - 01:07 pm
4
2

which is bull?

The facts or the opinion? There is a great article they wrote a while back that did allow them to make their case to the public. I believe this goes much deeper than just the right for voting under gardianship because the lawsuit sites four individuals stripped of their rights already and charges our delightful county protectors of liberty for not checking eligibility of their vote even after Monty Jenson and the Minnesota Freedom Council's objections prior to election day. The county and state's position was that they have no duty to check eligibility of voters. Again this case is complicated. I think the MFC should do a forum and explain it all. Secondhand information and dispatch reporting only messes up our ability to make a rational thought.

Fair n Balanced
40535
Points
Fair n Balanced 10/13/12 - 02:48 pm
3
6

This:

"The county and state's position was that they have no duty to check eligibility of voters"
is what's wrong and partially why Voter ID is needed. I don't think I need to say more.

ThurstonHowell
1282
Points
ThurstonHowell 10/14/12 - 12:02 pm
4
4

Just republican'ts....

Just republican'ts wasting more taxpayer money!!!

twilight
2948
Points
twilight 10/15/12 - 07:52 pm
0
0

Not familiar with this case.

Did they vote absentee?
Did they vote at the Court House?
Did they have government issued ID if they were registering?

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