Court Deadline For Westrom Residency Petition Materials

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STATE OF MINNESOTA August 9, 2022

IN SUPREME COURT

A22-1112

Christine Marie Fischer, et al.,

Petitioners,
vs.

Steve Simon, in his official capacity as


Minnesota Secretary of State, Keith Ellison,
in his official capacity as Minnesota Attorney General,
Torrey Westrom, current candidate for Senate District 12,
Michelle Knutson, in her official capacity as
Big Stone County Auditor, Vicki Doehling,
in her official capacity as Douglas County Auditor,
Stephanie Rust, in her official capacity as Pope County
Auditor, Randy R. Schreifels, in his official capacity as
Stearns County Auditor, Stephanie Buss, in her official
capacity as Stevens County Auditor, Kim Saterbak,
in her official capacity as Swift County Auditor,

Respondents.

ORDER

On August 8, 2022, petitioners filed a petition pursuant to Minn. Stat. § 204B.44

(2020), asking this court to order that the name of Torrey Westrom be removed from the

November 8, 2022 general election ballot as a candidate of the Republican Party for state

senator from Senate District 12. Petitioners allege that candidate Westrom does not and

will not have resided in District 12 for 6 months immediately preceding the general

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election as required by Article IV, Section 6, of the Minnesota Constitution, and Minn.

Stat. § 204B.06, subd. 4a(4) (2020).

Petitioners served copies of their petition and supporting papers on August 6, 2022,

upon candidate Westrom by personal service and upon the other respondents and

candidates by mail.

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

IT IS HEREBY ORDERED THAT:

1. On or before Monday, August 15, 2022, respondent Simon and respondent

Westrom shall file with the Clerk of the Appellate Courts and serve a written response to

the petition and any materials in support of that response. Simon and Westrom shall also,

in their responses, identify any genuine issues of material fact that are in dispute.

2. All other respondents and any other candidates for state senator from District

12 who desire to respond to the petition may serve and file a written response and any

supporting materials no later than Monday, August 15, 2022. Any responses shall also

identify any genuine issue of material fact that is in dispute.

3. Respondent Simon and all other respondent election officials shall inform

the court on or before Monday, August 15, 2022, of the last date by which a decision of

the court is necessary if the ballot for the November 8, 2022 election is to be corrected.

4. To ensure that filing and service is completed on the dates and by the times

directed in this order, the parties are required to use the appellate courts’ electronic filing

system, E-MACS, to serve and file all documents in this appeal. See Minn. R. Civ. App.

P. 125.01(a)(1) (requiring parties to use the appellate courts’ electronic filing system if

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ordered to do so by the court). All submissions to the court shall be in the form provided

in Minn. R. Civ. App. P. 132.02.

Dated: August 9, 2022 BY THE COURT:

Paul C. Thissen
Associate Justice

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