Case: De La Fuente v. Simon

0:19-cv-02995 | U.S. District Court for the District of Minnesota

Filed Date: Nov. 26, 2019

Closed Date: April 27, 2020

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Case Summary

This case is about a constitutional challenge to a Minnesota election law, Minnesota Election Code § 207A.13, subd. 2(a), that provides that candidates seeking the 2020 Republican presidential nomination could only appear on Minnesota's primary election ballot if the candidate was selected by the party and the chair of the party submitted the candidate's name to the secretary of state no later than 63 days before the presidential nomination primary. On November 26, 2019, a member of the Republi…

This case is about a constitutional challenge to a Minnesota election law, Minnesota Election Code § 207A.13, subd. 2(a), that provides that candidates seeking the 2020 Republican presidential nomination could only appear on Minnesota's primary election ballot if the candidate was selected by the party and the chair of the party submitted the candidate's name to the secretary of state no later than 63 days before the presidential nomination primary. On November 26, 2019, a member of the Republican Party and declared candidate for the 2020 presidential nomination of the Republican National Convention filed this lawsuit in the United States District Court for the District of Minnesota. The plaintiff sued Steve Simon in his official capacity as the Secretary of State of Minnesota under 42 U.S.C. § 1983. Represented by private counsel, the plaintiff sought declaratory and injunctive relief against the defendant's continued enforcement of the election law. He claimed that the election law impermissibly imposed an additional qualification on him as a candidate, as he was otherwise qualified to appear on Minnesota's 2020 Republican presidential primary election ballot. The case was assigned to Senior Judge David S. Doty.

In his complaint, the plaintiff alleged that presidential Qualifications Clause of Article II, Section 1, Clause 5 of the United States Constitution provides the exclusive list of qualifications for an individual to be eligible to seek the Office of President of the United States, and therefore, the only qualifications for presidency are being a natural born citizen or a citizen of the United States, at least thirty-five years old, and a resident within the United States for at least fourteen years. The plaintiff met these constitutional requirements. The plaintiff alleged that the State of Minnesota did not have authority to impose additional requirements on eligible citizens, such as himself, to hold the Office of President and thus Minnesota Election Code § 207A.13, subd. 2(a) was unconstitutional. Specifically, the plaintiff argued that the challenged statute's language that "[e]ach party must determine which candidates are to be placed on the presidential nomination primary ballot for that party" and "[t]he chair of each party must submit to the secretary of state the names of the candidates to appear on the ballot for that party no later than 63 days before the presidential nomination primary" added an additional requirement that went against the exclusive list detailed in the Constitution. The plaintiff's name was not provided by the Minnesota Republican Party for inclusion on the 2020 Minnesota Republican presidential election ballot, and  therefore, he was not set to appear on the 2020 primary ballot. In October 2019, the Republican Party of Minnesota submitted its authorized list of candidates for the 2020 presidential nomination primary in a letter to the defendant and the sole candidate listed was Donald Trump. According to the plaintiff, the challenged statute’s only purpose was to prevent otherwise eligible citizens from being able to compete for the Office of President in their party’s primary election who are not provided permission by a small group of party officials. Accordingly, the plaintiff sought declaratory and injunctive relief against the defendant's continued enforcement of Minnesota Election Code § 207A.13, subd. 2(a) because of its alleged imposition of an additional qualification on the plaintiff's presidential candidacy. He also alleged that the law violated his First Amendment right to freedom of association.

On December 23, 2019, the defendant filed a motion to dismiss the plaintiff's complaint, and a hearing date was set for March 6, 2020. The date of the hearing was then moved to March 24, 2020. Despite the fact that Minnesota’s presidential primary was set to occur on March 3, 2020, the plaintiff did not request an earlier hearing date.

Meanwhile, in December, the plaintiff and a Minnesota resident who claimed he desired to vote for the plaintiff in the primary filed a ballot-error petition in the Minnesota Supreme Court, listing the defendant in this action as the respondent. The petition repeated the constitutional claims alleged in this lawsuit and asked the state court to order the plaintiff's name be placed on the Republican primary ballot. On January 9, 2020, the Minnesota Supreme Court ruled against the plaintiff on the merits and denied the petition.

Shortly thereafter, on January 24, 2020, the defendant filed a memorandum of law in support of his motion to dismiss the plaintiff's complaint. First, he argued that the because the Minnesota Supreme Court rejected the plaintiff's claims on the merits, res judicata barred the plaintiff from now proceeding with the claims in a different forum. Second, the defendant argued that the candidate restrictions imposed by the statute passed constitutional muster because they were reasonable, nondiscriminatory, and justified by an important regulatory interest of the state. Specifically, the defendant argued as follows: (1) that the restrictions were reasonable because they did not bar the plaintiff from running for President or prevent any eligible individual from voting for him; (2) that they were nondiscriminatory because they granted each political party the authority to determine the list of candidates it agrees to associate with for the purposes of a presidential nomination primary, and (3) that the restrictions were precisely tailored to serve the state’s compelling interest in protecting the parties’ right to free association. Finally, the defendant argued that the state’s need to both protect that right and avoid “laundry list” ballots constituted an important regulatory interest. 

On March 3, 2020, the plaintiff filed his memorandum in partial opposition to the defendant's motion to dismiss. The plaintiff first conceded that the claims in his complaint had been rendered moot. On February 2, 2020, the plaintiff announced that he would stand as an independent candidate for the office of President of the United States and would therefore petition to secure access to the state general election ballots for the 2020 presidential election. Furthermore, on that same date, the 2020 Minnesota presidential primary election took place with the ballot having been printed in January. Accordingly, the plaintiff admitted in his brief that the claims raised in his complaint had been rendered moot and should be dismissed without prejudice. However, the plaintiff requested the court's permission to permit him to file an amended complaint. Specifically, he sought to amend his complaint to challenge an entirely different part of the Minnesota Election Code for an entirely different reason: the plaintiff intended to challenge the state residency requirement on presidential electors as a violation of the United State Constitution. On March 10, 2020, the defendant filed a reply brief in support of his motion to dismiss. In this brief, the defendant first agreed with the plaintiff that his case was moot. In addition, the defendant argued that the plaintiff should not be granted leave to amend his complaint, pointing to the prejudice to the defendant and the fact that the amended complaint that plaintiff sought would involve entirely new legal claims directed at a different Minnesota statute, which would simply be a brand-new pleading initiating an unrelated lawsuit.

On April 24, 2020, the court dismissed the plaintiff's complaint with prejudice and denied his request for leave to amend. The court agreed that the plaintiff's claim in his complaint was moot. The court also agreed with the defendant that the plaintiff did not seek to amend his complaint so much as he sought to commence an entirely different new lawsuit against the defendant. For this reason, the request for leave to amend was denied; however, the court held that the plaintiff was not precluded from asserting these new claims in a new lawsuit. This case is now closed.

Summary Authors

(11/12/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16527523/parties/de-la-fuente-v-simon/


Judge(s)

Doty, David Singleton (Minnesota)

Attorney for Plaintiff

Kaardal, Erick G (Minnesota)

Rossi, Paul A (Minnesota)

Attorney for Defendant

Hartshorn, Nathan J (Minnesota)

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Documents in the Clearinghouse

Document
1

0:19-cv-02995

Complaint for Injunctive and Declaratory Relief

Nov. 26, 2019

Nov. 26, 2019

Complaint
9

0:19-cv-02995

Secretary's Notice of Motion of Hearing on Motion to Dismiss

Dec. 23, 2019

Dec. 23, 2019

Pleading / Motion / Brief
8

0:19-cv-02995

Secretary's Motion to Dismiss

Dec. 23, 2019

Dec. 23, 2019

Pleading / Motion / Brief
12

0:19-cv-02995

Proposed Order on Motion to Dismiss

Jan. 24, 2020

Jan. 24, 2020

Order/Opinion
10

0:19-cv-02995

Defendants' Memorandum in Support of Motion to Dismiss

Jan. 24, 2020

Jan. 24, 2020

Pleading / Motion / Brief

940 477

14

0:19-cv-02995

Secretary's Amended Notice of Hearing on Motion to Dismiss Complaint

Feb. 13, 2020

Feb. 13, 2020

Pleading / Motion / Brief
15

0:19-cv-02995

Plaintiff's Memorandum in Partial Opposition to Defendant's Motion to Dismiss

March 3, 2020

March 3, 2020

Pleading / Motion / Brief
16

0:19-cv-02995

Defendant's Reply Memorandum in Support of Motion to Dismiss

March 10, 2020

March 10, 2020

Pleading / Motion / Brief
18

0:19-cv-02995

Order

April 24, 2020

April 24, 2020

Order/Opinion
19

0:19-cv-02995

Judgment in a Civil Case

April 27, 2020

April 27, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16527523/de-la-fuente-v-simon/

Last updated Nov. 12, 2024, 11:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive and Declaratory Relief against Steve Simon (filing fee $ 400, receipt number AMNDC-7301562) filed by Roque De La Fuente. Filer requests summons issued. (Attachments: # 1 Exhibit(s) A, # 2 Civil Cover Sheet) (Kaardal, Erick) (Entered: 11/26/2019)

1 Exhibit(s) A

View on PACER

2 Civil Cover Sheet

View on PACER

Nov. 26, 2019

Nov. 26, 2019

Clearinghouse
2

MOTION for Admission Pro Hac Vice for Attorney Paul A. Rossi. Filing fee $ 100, receipt number AMNDC-7301653 filed by Roque De La Fuente. (Kaardal, Erick) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
1

COMPLAINT for Injunctive and Declaratory Relief against Steve Simon (filing fee $ 400, receipt number AMNDC-7301562) filed by Roque De La Fuente. Filer requests summons issued. (Attachments: # 1 Exhibit(s) A, # 2 Civil Cover Sheet) (Kaardal, Erick) (Entered: 11/26/2019)

1 Exhibit(s) A

View on PACER

2 Civil Cover Sheet

View on PACER

Nov. 26, 2019

Nov. 26, 2019

Clearinghouse
2

MOTION for Admission Pro Hac Vice for Attorney Paul A. Rossi. Filing fee $ 100, receipt number AMNDC-7301653 filed by Roque De La Fuente. (Kaardal, Erick) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
3

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge David S. Doty per 3rd/4th Civil Rights list, referred to Magistrate Judge Hildy Bowbeer. Please use case number 19-cv-2995 DSD/HB. (kt) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
4

Summons Issued as to Steve Simon. (kt) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
3

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge David S. Doty per 3rd/4th Civil Rights list, referred to Magistrate Judge Hildy Bowbeer. Please use case number 19-cv-2995 DSD/HB. (kt) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
4

Summons Issued as to Steve Simon. (kt) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER

(Text-Only) NOTICE - Magistrate Judge Hildy Bowbeer's Practice Pointers, which have been recently revised, are available on the United States District Court for the District of Minnesota's website. All parties are expected to be familiar with and adhere to these Practice Pointers, including any variances from Local Rules. (JMK)

Nov. 29, 2019

Nov. 29, 2019

PACER

(Text-Only) NOTICE - Magistrate Judge Hildy Bowbeer's Practice Pointers, which have been recently revised, are available on the United States District Court for the District of Minnesota's website. All parties are expected to be familiar with and adhere to these Practice Pointers, including any variances from Local Rules. (JMK)

Nov. 29, 2019

Nov. 29, 2019

PACER
5

SUMMONS Returned Executed by Roque De La Fuente. Steve Simon served on 12/2/2019, answer due 12/23/2019. (Kaardal, Erick) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

PACER
5

SUMMONS Returned Executed by Roque De La Fuente. Steve Simon served on 12/2/2019, answer due 12/23/2019. (Kaardal, Erick) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

PACER
6

TEXT ONLY ENTRY: ORDER granting 2 Motion for Admission Pro Hac Vice of Attorney Paul A Rossi for Roque De La Fuente. Ordered by Magistrate Judge Hildy Bowbeer on 12/9/2019. (NAH) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER

Order on Motion for Admission Pro Hac Vice

Dec. 9, 2019

Dec. 9, 2019

PACER
6

TEXT ONLY ENTRY: ORDER granting 2 Motion for Admission Pro Hac Vice of Attorney Paul A Rossi for Roque De La Fuente. Ordered by Magistrate Judge Hildy Bowbeer on 12/9/2019. (NAH) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER

Order on Motion for Admission Pro Hac Vice

Dec. 9, 2019

Dec. 9, 2019

PACER
7

ORDER Regarding Dispositive Motion Procedure. Signed by Senior Judge David S. Doty on 12/10/2019. (CLB) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
7

ORDER Regarding Dispositive Motion Procedure. Signed by Senior Judge David S. Doty on 12/10/2019. (CLB) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
8

MOTION to Dismiss/General filed by Steve Simon. (Hartshorn, Nathan) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

Clearinghouse
9

NOTICE OF HEARING ON MOTION 8 MOTION to Dismiss/General : Motion Hearing set for 3/6/2020 at 10:00 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Hartshorn, Nathan) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

Clearinghouse
8

MOTION to Dismiss/General filed by Steve Simon. (Hartshorn, Nathan) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

Clearinghouse
9

NOTICE OF HEARING ON MOTION 8 MOTION to Dismiss/General : Motion Hearing set for 3/6/2020 at 10:00 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Hartshorn, Nathan) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

Clearinghouse
10

MEMORANDUM in Support re 8 MOTION to Dismiss/General filed by Steve Simon. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hartshorn, Nathan) (Entered: 01/24/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

Jan. 24, 2020

Jan. 24, 2020

Clearinghouse
11

AFFIDAVIT of Bibi Black in SUPPORT OF 8 MOTION to Dismiss/General filed by Steve Simon. (Attachments: # 1 Exhibit(s) 1-4)(Hartshorn, Nathan) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
12

PROPOSED ORDER TO JUDGE re Motion to Dismiss 8 Motion to Dismiss/General. (Hartshorn, Nathan) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

Clearinghouse
10

MEMORANDUM in Support re 8 MOTION to Dismiss/General filed by Steve Simon. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hartshorn, Nathan) (Entered: 01/24/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

Jan. 24, 2020

Jan. 24, 2020

Clearinghouse
11

AFFIDAVIT of Bibi Black in SUPPORT OF 8 MOTION to Dismiss/General filed by Steve Simon. (Attachments: # 1 Exhibit(s) 1-4)(Hartshorn, Nathan) (Entered: 01/24/2020)

1 Exhibit(s) 1-4

View on RECAP

Jan. 24, 2020

Jan. 24, 2020

RECAP
12

PROPOSED ORDER TO JUDGE re Motion to Dismiss 8 Motion to Dismiss/General. (Hartshorn, Nathan) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

Clearinghouse
13

TEXT ONLY ORDER: Due to the pending Secretary's Motion to Dismiss Complaint (ECF No. 8), the Court finds there is good cause to delay the entry of a pretrial scheduling order. The Court will schedule a pretrial conference, if needed, promptly after a decision is issued on the pending motion. Ordered by Magistrate Judge Hildy Bowbeer on 1/27/2020. (JMK) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER

Order/Notice to Attorney

Jan. 27, 2020

Jan. 27, 2020

PACER
13

TEXT ONLY ORDER: Due to the pending Secretary's Motion to Dismiss Complaint (ECF No. 8), the Court finds there is good cause to delay the entry of a pretrial scheduling order. The Court will schedule a pretrial conference, if needed, promptly after a decision is issued on the pending motion. Ordered by Magistrate Judge Hildy Bowbeer on 1/27/2020. (JMK) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER

Order/Notice to Attorney

Jan. 27, 2020

Jan. 27, 2020

PACER
14

AMENDED NOTICE of Hearing on Motion: 8 MOTION to Dismiss/General : Motion Hearing set for 3/24/2020 at 01:30 PM in Judge's Chambers 14W (MPLS) before Senior Judge David S. Doty. (Hartshorn, Nathan) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

Clearinghouse
14

AMENDED NOTICE of Hearing on Motion: 8 MOTION to Dismiss/General : Motion Hearing set for 3/24/2020 at 01:30 PM in Judge's Chambers 14W (MPLS) before Senior Judge David S. Doty. (Hartshorn, Nathan) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

Clearinghouse
15

MEMORANDUM in Opposition re 8 MOTION to Dismiss/General filed by Roque De La Fuente. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate Word Count Compliance)(Rossi, Paul) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

Clearinghouse
15

MEMORANDUM in Opposition re 8 MOTION to Dismiss/General filed by Roque De La Fuente. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate Word Count Compliance)(Rossi, Paul) (Entered: 03/03/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate Word Count Compliance

View on PACER

March 3, 2020

March 3, 2020

Clearinghouse
16

Reply to Response to Motion re 8 MOTION to Dismiss/General filed by Steve Simon. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hartshorn, Nathan) (Entered: 03/10/2020)

March 10, 2020

March 10, 2020

Clearinghouse
16

Reply to Response to Motion re 8 MOTION to Dismiss/General filed by Steve Simon. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hartshorn, Nathan) (Entered: 03/10/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

March 10, 2020

March 10, 2020

Clearinghouse
17

ORDER Cancelling Hearing on Defendant's Motion to Dismiss, scheduled for Monday, March 24, 2020, at 1:30 PM in Courtroom 14W. The court will consider and decide the motion on papers. Signed by Senior Judge David S. Doty on 3/17/2020. (DLO) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

PACER
17

ORDER Cancelling Hearing on Defendant's Motion to Dismiss, scheduled for Monday, March 24, 2020, at 1:30 PM in Courtroom 14W. The court will consider and decide the motion on papers. Signed by Senior Judge David S. Doty on 3/17/2020. (DLO) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

PACER
18

ORDER granting 8 Motion to Dismiss. Signed by Senior Judge David S. Doty on 4/24/2020. (DLO) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

Clearinghouse
18

ORDER granting 8 Motion to Dismiss. Signed by Senior Judge David S. Doty on 4/24/2020. (DLO) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

Clearinghouse
19

JUDGMENT (Attachments: # 1 Civil Notice - appeal)(KDS) (Entered: 04/27/2020)

1 Civil Notice - appeal

View on PACER

April 27, 2020

April 27, 2020

Clearinghouse

Case Details

State / Territory: Minnesota

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 26, 2019

Closing Date: April 27, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A registered voter and a member of the Republican Party that was a declared candidate for the 2020 presidential nomination of the Republican National Convention.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Minnesota Secretary of State, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Candidate qualifications

Election administration