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]

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