Eleven days before Election Day, an Eighth Circuit panel denied a motion for a stay of an injunction, declining to require the enforcement of a Minnesota statute that, due to a 8th Circuit Spotlightcandidate’s death, would have operated to delay until Feb. 9, 2021 the election for a congressional district. Craig v. Simon, No. 20-3126 (8th Cir. Oct. 23, 2020).

The statute in question addresses the administration of an election where the candidate of a major political party[1] dies after the 79th day before the general election. Under the statute, the general election ballot is not changed, but the vote totals for the race affected by the candidate’s death are not certified. Minn. Stat. §204B.13, subd. 2(c). The office is instead filled at a special election the following February. Minn. Stat. §204B.13, subd. 7.[2]

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]