Lawsuit: Hennepin County failed to appoint Republican judges to absentee ballot board

Hennepin County has been ordered to respond to the lawsuit by Monday. 

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James Dickey, an attorney with the Upper Midwest Law Center, which represents Minnesota Voters Alliance and individual petitioners. (Alpha News)

With the clock ticking and stakes high, a legal battle is brewing that could shape how absentee ballots are handled in Minnesota’s most populous county.

The Republican Party of Minnesota and the Minnesota Voters Alliance are suing Hennepin County, accusing it of violating state election law by failing to appoint any Republican judges to the absentee ballot board, which is responsible for accepting and rejecting absentee ballots.

The lawsuit, filed with the Minnesota Supreme Court, comes less than three weeks before the 2024 election in which absentee ballots will play a critical role in tight races across the state.

Lawsuit claims law was ignored in ballot board appointments

“This case was brought for one simple reason: to ensure Hennepin County follows the law passed by the legislature,” said Ryan Wilson, an attorney for the Republican Party of Minnesota.

Minnesota election law requires political balance on absentee ballot boards, a safeguard put in place after the 2008 Coleman-Franken Senate showdown.

“Obviously, we’re in the middle of absentee ballot season and we want this to be fixed as quickly as possible,” said James Dickey, an attorney with the Upper Midwest Law Center, which represents Minnesota Voters Alliance.

The GOP and Minnesota Voters Alliance argue that Hennepin County’s failure to appoint Republicans not only violates the law but also undermines the integrity of the election.

Republicans allege they were shut out

“We submitted over 1,500 names in Hennepin County alone, none of whom were chosen by the Hennepin County absentee ballot board,” said Minnesota GOP Chair David Hann at a press conference Wednesday.

“We think this is a direct violation of state statute. It needs to be addressed with some haste,” he added.

The lawsuit asks the state’s highest court to intervene and require Hennepin County to add Republican judges to the board.

“When Hennepin County appointed election judges to their board, they picked five people. None of these five names are on our list,” said Andy Cilek, executive director of the Minnesota Voters Alliance.

Election integrity at stake, GOP says

“This isn’t about changing the rules, it’s about following them,” Hann said. “When election laws are ignored, trust in the process is eroded.”

Hann also pointed to past absentee voting issues: “We think it’s another instance of Democrats refusing to administer the law faithfully. Earlier this year, at least one ineligible voter got a ballot, something the Secretary of State assured us could never happen.”

Hennepin County responds to the lawsuit

Hennepin County Auditor Daniel Rogan issued a response to the lawsuit, defending the county’s handling of absentee ballot board appointments.

“Hennepin County complies with Minnesota law and guidance from the Office of the Secretary of State with respect to appointing absentee ballot board members and the duties they perform. We are proud of the accuracy and integrity of our voting process. We will respond to the specific arguments raised by the Minnesota Voters Alliance in our Supreme Court briefing,” Rogan stated. “In general, Hennepin County appoints both deputy county auditors and party-balanced election judges to its absentee ballot board, consistent with state law.”

Hennepin County has been ordered to respond to the lawsuit by Monday.

 

Jenna Gloeb

Jenna Gloeb is an Edward R. Murrow Award-winning journalist, media producer, public speaker, and screenwriter. Most recently, she worked as a reporter and on-air host for CCX Media. Jenna is a Minnesota native and resides in the Twin Cities with her husband, son, daughter, and two dogs.