MN Supreme Court Says DFL Was Justified in Replacing Rep. Gauthier's Name on Ballot

By KBJR News 1

MN Supreme Court Says DFL Was Justified in Replacing Rep. Gauthier's Name on Ballot

December 5, 2012 Updated Dec 5, 2012 at 2:26 PM CST

St. Paul, MN (NNCNOW.com) --- In the opinion released Wednesday, the Minnesota Supreme Court details why they ruled in favor of the DFL replacing Kerry Gauthier's name on the November election ballot after he withdrew.

According to the opinion statement, the Supreme Court found that there was no delay between Gauthier filing an Affidavit of Withdrawal and Erik Simonson and Ken Martin filing their petition to the court.

However, the court did say that the "orderly administration of elections...and voters' interest in knowing the names of candidates who will be on the ballot cannot wait for convenience," citing the delay of the DFL nominating convention.

The opinion statement went on to say that the DFL did have the authority to fill the vacancy of their nomination after Gauthier's withdrawal and replace his name on the ballot.

The Supreme Court also stated that write-in candidate Jay Fosle's argument to also be placed on the ballot had no statutory basis.

Gauthier withdrew from the 2012 election following the July sex scandal involving a minor.

Simonson won the November election.

Posted to the web by Krista Burns

To submit a comment on this article, your email address is required. We respect your privacy and your email will not be visible to others nor will it be added to any email lists.