918 N.W.2d 560
Minn.2018Background
- Jerry Trooien filed a nominating petition for the Nov. 6, 2018 special U.S. Senate election listing his political designation as "unaffiliated."
- Minnesota law requires the candidate's stated political party/principle on the nominating petition to appear on the ballot.
- Trooien later sought an order (filed Sept. 26, 2018) asking the court to change the ballot designation from "unaffiliated" to "independent," claiming he only learned on Aug. 30, 2018 that he could use "independent."
- The Secretary of State opposed, arguing Trooien delayed unreasonably, and that millions of ballots already printed and over 21,000 absentee/mail ballots already returned would make a late change prejudicial and disruptive.
- The court applied laches principles for election challenges, focused on whether Trooien unreasonably delayed asserting a known right and whether prejudice to election administration resulted.
- The court concluded Trooien knew of the right by Aug. 30, 2018, waited nearly four weeks to file, voting had begun and ballots were printed, and dismissed the petition as barred by laches.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court should order the ballot changed from "unaffiliated" to "independent" | Trooien: He only learned on Aug. 30 that "independent" was permissible and filed promptly thereafter; voters should be fully informed of his correct designation | Secretary: Trooien unreasonably delayed; ballots already printed and early voting begun; changing ballots now causes substantial prejudice and administrative burden | Denied — petition dismissed under laches for unreasonable delay and resulting prejudice |
Key Cases Cited
- Clark v. Pawlenty, 755 N.W.2d 293 (Minn. 2008) (applied laches to ballot challenges; petitioner must act with diligence)
- Marsh v. Holm, 55 N.W.2d 302 (Minn. 1952) (discusses unreasonable delay in asserting known rights as basis for laches)
- Winters v. Kiffmeyer, 650 N.W.2d 167 (Minn. 2002) (defines inquiry on unreasonable delay and prejudice for laches)
- Martin v. Dicklich, 823 N.W.2d 336 (Minn. 2012) (emphasizes need for prompt action in election disputes due to ballot deadlines and voter certainty)