STATE OF MINNESOTA July 15, 2022

IN SUPREME COURT

A22-0804

Jim Landis,

Petitioner,

vs.

Steve Simon, in his official capacity as Minnesota

Secretary of State, Mary Hendrickson in her official
capacity as Becker County Auditor/Treasurer,
JoDee Treat, in her official capacity as Beltrami
County Auditor/Treasurer, Sandra Norikane, in her
official capacity as Cass County Auditor/Treasurer,
Allen Paulson, in his official capacity as Clearwater
County Auditor/Treasurer, Kay Rave, in her official
capacity as Hubbard County Auditor/Treasurer,
Jeffrey Walker, in his official capacity as Itasca County
Auditor/Treasurer, Lorene Hanson, in her official capacity as
Lake of the Woods County Auditor/Treasurer, Jim Lee, in his
official capacity as Mahnomen County Auditor/Treasurer,

Respondents.

ORDER

On May 25, 2022, Edward Strickland filed a form affidavit of candidacy with the

Minnesota Secretary of State, writing in that he is a Republican Party candidate in the 2022

election for state senator from Senate District 2. In this affidavit, Strickland listed a

Maplewood address as his residence. Maplewood is not in Senate District 2. Senate

District 2 is located in northern Minnesota, while Maplewood is a Twin Cities suburb.

1
 On June 9, 2022, petitioner Jim Landis filed a petition with our court pursuant to

Minn. Stat. § 204B.44 (2020), asking us to order that the name of Edward Strickland be

removed from the August 9, 2022, primary-election ballot as a candidate of the Republican

Party for state senator from Senate District 2 and grant such other relief that we deem

appropriate. Petitioner argues that Strickland does not and will not have resided in Senate

District 2 for 6 months immediately preceding the general election, which is the period

May 8, 2022, through November 8, 2022, as required by Article IV, Section 6, of the

Minnesota Constitution. Thus, petitioner contends, there has been an error by “the

placement of a candidate on the official ballot who is not eligible to hold the office for

which the candidate has filed” that must be corrected. Minn. Stat. § 204B.44(a)(1).

Respondents are Steve Simon, the Minnesota Secretary of State, and the eight

county auditors/treasurers from the counties that comprise Senate District 2. We allowed

respondents, Strickland, and any other candidate from Senate District 2 to respond to the

petition. Strickland did not respond or offer any evidence to refute petitioner’s argument

that he does not and will not have resided in Senate District 2 for 6 months immediately

preceding the general election. Only the Secretary of State responded. The Secretary of

State neither supported nor opposed petitioner’s request that the court disqualify Strickland

but did argue that no election official made an error.

We also directed respondents to inform us of a date by which a decision was needed

in order to prepare the primary-election ballot for the August 9, 2022, primary election.

Absentee voting for this primary began on June 24, 2022. See Minn. Stat. § 203B.081,

subd. 1 (2020) (providing generally for absentee voting to begin 46 days before an

2
election). The Secretary of State explains that, at the time of his response, the counties had

already begun printing ballots and programming assistive voting equipment, and as a result,

he claims that it is not possible to modify the primary ballot without imposing substantial

costs and administrative difficulties on the counties and their ballot vendors.

Instead of ordering Strickland’s name removed from the primary ballot, the

Secretary of State asserts that we can grant alternative relief if we determine that Strickland

is ineligible to be a candidate from Senate District 2. According to the Secretary of State,

Minn. Stat. § 204D.03, subd. 3(a) (2020), provides that when there is no more than one

candidate of a major political party running for a partisan office, no primary for that office

is necessary. With only one other Republican candidate for the office from Senate

District 2, the Secretary of State maintains that disqualifying Strickland will result in the

other candidate being unopposed within his party and that this candidate will be entitled to

automatic nomination. The Secretary of State has thus asked that if we declare Strickland

ineligible, we order that the Senate District 2 race not be canvassed.

We agree with petitioner that Strickland is ineligible for election to the office of

state senator from Senate District 2. We further agree with the Secretary of State that

because there is only one other Republican Party candidate for the office, it is not necessary

to canvass the returns for the Republican Party Senate District 2 primary.

Turning first to Strickland’s ineligibility, we note that the Minnesota Constitution

dictates that “[s]enators and representatives shall be qualified voters of the state, and shall

have resided one year in the state and six months immediately preceding the election in the

district from which elected.” Minn. Const. art. IV, § 6. Petitioner has established that

3
Strickland has, as a matter of law, failed to satisfy the constitutional residency requirement

because he will not have resided in Senate District 2 for the entire 6-month period

preceding the 2022 general election. Strickland stated in his affidavit of candidacy, which

was filed less than 6 months before the 2022 general election, that he resides at a location

outside of Senate District 2. Strickland has not filed a response presenting any contrary

facts about his residency. 1 Thus, Strickland is ineligible to hold the office of state senator

from Senate District 2 and is disqualified from being a candidate in the 2022 primary

election. See Moe v. Alsop, 180 N.W.2d 255, 259 (Minn. 1970) (concluding that this court

had the authority to “rule upon the eligibility of a candidate for nomination at the primary

election” for a state legislative office because the candidate could not satisfy the residency

requirement).

We next turn to the proper relief. Minnesota Statutes section 204B.44 gives our

court broad discretion to grant “appropriate relief” if a petitioner has established that an

error has occurred because a candidate has been placed “on the official ballot who is not

eligible to hold the office for which the candidate has filed.” Minn. Stat.

§ 204B.44(a)(1), (b). Here, “appropriate relief” does not require the removal of Strickland

from the primary ballot when the process of printing ballots and programming assistive

1
The fact that the affidavit that Strickland signed included a pre-printed, general
affirmation that “I will be a resident . . . of this district for six months on the day of the
general or special election” does not create a disputed fact issue about Strickland’s
residency. In the summary judgment context, “ ‘the nonmoving party cannot simply rely
upon general allegations . . . but must present specific facts showing that there is an issue
for trial on the merits.’ ” Hagen v. Steven Scott Mgmt., Inc., 963 N.W.2d 164, 172–73
(Minn. 2021) (quoting Eakman v. Brutger, 285 N.W.2d 95, 97 (Minn. 1979)).

4
equipment was already underway at the time of a response to the petition and there is

alternative relief that will have the same effect as removing Strickland’s name from the

primary ballot.

The primary election is used, in part, to determine the nominee of a major political

party in the general election among multiple party candidates for a partisan office. See

Minn. Stat. § 204B.03 (2020) (“Candidates of a major political party for any partisan office

except presidential elector . . . shall be nominated by primary.”). But when a major

political party has only one candidate for a partisan office, there is no need for a primary

election to determine the nominee of that party who will appear on the general-election

ballot. See Minn. Stat. § 204D.03, subd. 3(a) (stating that “[i]f no more than one candidate

files for nomination by a major political party for a partisan office,” that candidate is

“declared the nominee upon the close of filing”). Only two people filed affidavits of

candidacy stating that they are a Republican Party candidate in the 2022 election for state

senator from Senate District 2. Because Strickland is disqualified, there is only one

remaining candidate for the Republican Party nominee for state senator from Senate

District 2, making a primary election unnecessary.

Based upon all the files, records, and proceedings herein,

IT IS HEREBY ORDERED THAT:

1. Edward Strickland is declared ineligible to hold the office of state senator

from Senate District 2 and is disqualified from being a candidate for that office in the 2022

primary election.

5
 2. Because Strickland is ineligible and disqualified, the effect is that there is not

more than one candidate who filed for nomination by the Republican Party for state senator

from Senate District 2 for the 2022 general election. See Minn. Stat. § 204D.03, subd. 3(a).

3. The county canvassing boards in Senate District 2 shall not canvass the

returns from the 2022 Republican Party primary election for state senator from Senate

District 2.

4. The petition of Jim Landis be, and the same is, granted, to the extent that it

seeks other appropriate relief from this court.

5. The petition of Jim Landis be, and the same is, denied, to the extent that it

seeks the removal of the name of Edward Strickland from the August 9, 2022, primary-

election ballot as a candidate of the Republican Party for state senator from Senate

District 2.

Dated: July 15, 2022 BY THE COURT:

Lorie S. Gildea
Chief Justice