Resource: NAACP Minn. v. Simon

By: COVID-Related Election Litigation Tracker

September 1, 2020

MIT-Stanford Healthy Elections Project

The Complaint challenges two Minnesota voting-by-mail requirements: (1) each absentee ballot be witnessed by a registered Minnesota voter, a notary, or person otherwise authorized to administer oaths (the “Witness Requirement”), Minn. Stat. § 203B.07, and (2) unless a voter is located in a town/county with fewer than 400 registered voters without a physical polling place, a voter must apply for an absentee ballot online, by mail, or by email. Minn. Stat. § 203B.04, Subd. 1. The Complaint allges that both requirements violate the Right to Vote and equal protection guaranteed by Minnesota Constitution Art. I § 2 and Article VII, § 1. Plaintiffs seek to invalidate Minn. Stat.§ 203B.07, subdiv. 3, Minn. Stat. § 204B.45 - .46, and Minn. Admin. R.8210.3000, to prohibit defendant (Minnesota Secretary of State) from enforcing these laws, and to order defendant to mail ballots to all registered voters without the need for registration.