The Minnesota DFL along with District 7B candidate Erik Simonson has filed a petition with the Minnesota Supreme Court asking to have Rep. Kerry Gauthier's Name removed from the ballot this November.
The DFL is challenging the St. Louis County Auditor's rejection of both Gauthier's affidavit of withdrawal, and the nomination certificate the DFL filed after Saturday's convention.
In a statement the DFL chair Ken Martin said, “Our primary concern in filing this petition is ensuring a fair election for the people of District 7B. In every other district in the state this fall, voters will have a chance to choose among candidates who are actively campaigning and who carry the endorsement of a major political party, and it should be no different in Duluth."
Minnesota Republican Party Pat Shortridge released a statement in response, saying "The attempt by Ken Martin and the DFL to remove Kerry Gauthier's name from the ballot should ultimately fail. There is no provision in state law that allows legislative candidates to withdraw from the ballot after the primary. The DFL is once again attempting to rewrite the rules to serve their partisan political ends, an act that even Secretary of State Mark Ritchie has already rejected. The Court should uphold the law and reject it as well."
Mark Ritchie told the Norhtlands Newscenter that he could not comment on the ongoing court case, but did expext a speedy decision from the courts.