Martin v. Simon

1

Ken Martin, Petitioner, v. Steve Simon, Minnesota Secretary of State, Respondent, The Legal Marijuana Now Party, Intervenor-Respondent.

No. A24-0216

Supreme Court of Minnesota

May 10, 2024

Original Jurisdiction Per Curiam Office of Appellate Courts

Charles N. Nauen, David J. Zoll, Rachel A. Kitze Collins Lockridge Grindal Nauen PLLP, Minneapolis, Minnesota, for petitioner.

Keith Ellison, Attorney General, Nathan J. Hartshorn, Jon M Woodruff, Assistant Attorneys General, Saint Paul, Minnesota, for respondent Steve Simon, Minnesota Secretary of State.

Erick G. Kaardal, Mohrman, Kaardal & Erickson, P.A., Minneapolis, Minnesota, for intervenor-respondent Legal Marijuana Now Party.

SYLLABUS

1. The court has subject matter jurisdiction over this petition under Minn. Stat. § 204B.44 (2022).

2. Because the Legal Marijuana Now Party (LMNP) did not maintain a state central committee subject to the state convention's control, as Minn. Stat. § 202A.12, subd. 2 (2022), requires, and the LMNP's constitutional challenge to Minn. Stat. § 202A.12, subd. 2, fails, the LMNP has not satisfied the requirements to be a major political party under Minn. Stat. § 200.02, subd. 7(a) (Supp. 2023).

Petition granted; motion to dismiss denied.

Took no part, Chutich, Procaccini, JJ.

OPINION

PER CURIAM.

Petitioner Ken Martin, the chair of the Democratic-Farmer-Labor Party (DFL), filed a petition under Minnesota Statutes section 204B.44 (2022), asking us to decertify the Legal Marijuana Now Party (LMNP) as a major political party and to order that the LMNP's candidates for partisan offices cannot use the ballot access procedures for major political parties in the 2024 state primary and general elections. The petition alleged that, notwithstanding the LMNP's certification to Secretary of State Steve Simon under a recently amended state law that it meets the statutory requirements for a major political party, the LMNP had failed to comply with certain requirements for major political parties. According to the petition, the LMNP is not a major political party because it failed to comply with provisions in Minnesota Statutes sections 202A.12 (2022) and 202A.13 (Supp. 2023) concerning the establishment of a state central committee and a state executive committee and providing for local conventions and local committees.

We referred these issues to a referee, who held an evidentiary hearing and concluded that the LMNP had failed to meet the requirements to be a major political party enumerated in sections 202A.12 and 202A.13. The LMNP objects to these findings and argues that sections 202A.12 and 202A.13 unconstitutionally infringe upon its First Amendment associational rights. The LMNP also filed a motion to dismiss the petition for failure to comply with the candidate-service requirement under section 204B.44.

Because we conclude that there were no candidates upon whom to serve the petition, we deny the LMNP's motion to dismiss. On the merits, we start and stop our analysis with the first statutory provision at issue, that "[s]ubject to the control of the state convention the general management of the affairs of the state party is vested in the party's state central committee." Minn. Stat. § 202A.12, subd. 2. We adopt the referee's factual findings regarding this provision and conclude that the LMNP failed to comply with section 202A.12, subdivision 2, because its single committee, The Head Council, is not subject to the control of the LMNP's state convention. Instead, The Head Council has final authority over all party decisions. We also reject the LMNP's constitutional challenge to section 202A.12, subdivision 2. The LMNP only makes broad assertions about the burdens on its associational rights and fails to argue or otherwise demonstrate how any of the purported burdens imposed upon it are specifically caused by the requirements in section 202A.12, subdivision 2. Given that the United States Supreme Court has both credited that a legitimate state interest "is served by a state statute requiring that a representative central committee be established" and upheld a law requiring that the state convention governed over the state central committee, Marchioro v. Chaney, 442 U.S. 191, 193-94, 196 (1979), the LMNP's constitutional argument against section 202A.12, subdivision 2, fails. Accordingly, we hold that the LMNP does not meet all the statutory requirements to maintain its status as a major political party for purposes of the state primary election in August 2024 and the state general election in November 2024.

FACTS

Before we turn to the facts, some background about the different types of political parties in Minnesota will be helpful to understand the legal issues presented by this case.

Minnesota's election law recognizes political parties. A "political party" is simply defined as "an association of individuals under whose name a candidate files for partisan office." Minn. Stat. § 200.02, subd. 6 (2022). The law further provides for major political parties and minor political parties. Minn. Stat. § 200.02, subd. 7 (Supp 2023) (major political parties); Minn. Stat. § 200.02, subd. 23 (2022) (minor political parties). For a partisan office other than presidential elector, candidates of a major political party receive a place on the ballot by filing an affidavit of candidacy, with nomination as the party's candidate in the general election then sought through a primary election.^[1] See Minn. Stat. §§ 204B.03, 204D.10, subd. 1 (2022). In contrast, all other candidates for a partisan office, including minor political party candidates, must be nominated by petition, which requires obtaining a certain number of signatures before appearing on the general election ballot. Minn. Stat. § 204B.03. In addition, both major and minor political parties can participate in certain tax-generated subsidy programs. See Minn. Stat. §§ 10A.31 (2022 &

Supp. 2023), 290.06, subd. 23 (Supp. 2023); see also Begin v. Ritchie, 836 N.W.2d 545, 546 (Minn. 2013). Additional subsidies are available only to major political party candidates. Minn. Stat. § 10A.31, subd. 7 (2022). Major political parties, likewise, have their party name protected from being used by a candidate of another political party on the ballot. Minn. Stat. § 202A.11, subd. 2 (2022).

To qualify as a major political party, a political party must present a certain number of candidates for certain offices at a state general election or have a candidate for a specific office receive a certain percentage of voter support in a state general election.^[2] Minn. Stat. § 200.02, subd. 7(b). The law generally provides that a political party meeting either of these requirements to be a major political party retains that status for at least two state general elections. Id., subd. 7(c). A party can lose that status if it fails to meet these requirements "at each of two consecutive state general elections." Id., subd. 7(d).

Minnesota has had laws addressing conventions and committees of major political parties since 1981, when the Legislature added the term "major political party" to the defined terms in Minnesota's election law.^[3] Act of Apr. 14, 1981, ch. 29, art. 1, § 3, 1981 Minn. Laws 38, 40 (codified as amended at Minn. Stat. § 200.02, subd. 7 (Supp. 2023)). Minnesota Statutes section 202A.12 states, in part, that the final authority of each major political party is vested in the party's state convention, to be held at least once every state general election year, and that "[s]ubject to the control of the state convention the general management of the affairs of the state party is vested in the party's state central committee." Minn. Stat. § 202A.12, subds. 1-2. Before the Legislature amended the statute in 2023, section 202A.13 stated that "[t]he rules of each major political party shall provide" for local conventions at least once every state general election year for each congressional district, county, and legislative district. Minn. Stat. § 202A.13 (2022). It also stated that each major political party likewise must generally provide a local executive committee for each congressional district, county, and legislative district. Id.

In 2023, the Legislature amended some of the State's election statutes. Minnesota Statutes section 202A.12 was not amended. The provisions in section 202A.13 either remained the same or were lightened. For section 202A.13, the specified number of local conventions and executive committees was reduced. Instead of referring to a local convention and local executive committee "for each congressional district and each county or legislative district," Minn. Stat. § 202A.13 (2022), the statute now refers to a local convention and local executive committee "for each congressional district and at least 45 counties or legislative districts," Minn. Stat. § 202A.13 (Supp. 2023).

The 2023 amendments, however, also for the first time made "major political party" status dependent on compliance with the requirements of sections 202A.12 and 202A.13. See Minn. Stat. § 200.02, subd. 7(a). While still requiring a certain number of candidates for specific offices or a candidate for a specific office who receives a certain percentage of votes, Minn. Stat. § 200.02, subd. 7(b),^[4] the definition of "major political party" in section 200.02, subd. 7(a), now provides:

"Major political party" means a political party that maintains a party organization in the state; has complied with the party's constitution and rules; is in compliance with the requirements of sections 202A.12 and 202A.13; files with the Secretary of State no later than December 1 of each odd-numbered year a certification that the party has met the foregoing requirements, including a list of the dates and

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