By: Bill Salisbury
9/28/2020
U.S. Rep. Angie Craig filed a federal lawsuit Monday to keep the 2nd Congressional District election on Nov. 3 after the death of another candidate threatened to move it back to February, as required by a state law.
Craig, a first-term Democrat from Eagan, said in a statement that federal law requires the election to proceed as part of the November general election and warned that the district would go without congressional representation for several weeks if the election is delayed.
“The people of Minnesota’s Second Congressional District deserve to have a voice fighting for them in Washington,” she said. “Unfortunately, the process currently in place would deprive Minnesotans of their seat at the table at a time when critical legislation affecting our state will be debated -– including bills to rid politics of special interests, ensure quality, affordable health care for every Minnesotan and safeguard our family farmers.”
Minnesota Secretary of State Steve Simon postponed the 2nd District election last week after Adam Weeks, the Legal Marijuana Now Party nominee for the seat, died last Monday. Simon said state law requires that if a major party nominee dies within 79 days of Election Day, a special election will be held for that office on the second Tuesday of February. That is Feb. 9, 2021.
If that is the case, Craig would have to vacate the U.S. House seat when her current term expires on Jan. 3, and the seat would remain vacant until the winner of the special election was declared in early February.
Craig argued in her lawsuit that the state law is “unconstitutional as applied to elections for U.S. Congress and is preempted by federal law.” She called for “emergency judicial relief.”
The Minnesota Legislature changed state election law to avoid a repeat of the hectic U.S. Senate election of 2002 after incumbent Paul Wellstone was killed in a plane crash 11 days before the election. Democrats chose former Vice President Walter Mondale to replace Wellstone on the ballot, but he lost the seat to Republican Norm Coleman.
Craig is running for re-election against Republican nominee Tyler Kistner in a highly competitive south suburban district that extends south and east to Northfield, Red Wing and Wabasha. Kistner is planning to hold a press conference Tuesday to discuss his campaign’s plans for the special election.
Craig has urged her supporters to vote for her and other Democrats in November, even though the votes for her seat may not be counted under Simon’s order.