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![handle is hein.congcourts/fjcwscdy0001 and id is 1 raw text is:
CASE STUDIES IN EMERGENCY ELECTION LITIGATION
Whether a State Can Delay
a Congressional Election When a Candidate Dies
Craig v. Simon 0:20-cv-2066) and Overby v. Simon
(0:20-cv-2250 (Wilhelmina M. Wright, D. Minn.)
A congressional candidate died shortly before the election, and Min-
nesota's law specified that the election would be delayed from No-
vember to February. A district judge granted the incumbent an in-
junction against a delay of the election.
Subject: Election dates. Topics: Enjoining elections;
intervention; interlocutory appeal; pro se party; case assignment;
party procedures.
A member of Congress running for reelection in Minnesota and a voter filed
a federal complaint in the District of Minnesota on October 9, 2020, challeng-
ing a Minnesota statute that would postpone the candidate's election from No-
vember 3 to February 9, 2021, because an opposing candidate-Adam Weeks,
the Legal Marijuana Now Party's nominee-died on September 21.1 On Sep-
tember 29, the plaintiffs filed a motion for a preliminary injunction.2
Judge Wilhelmina M. Wright set the case for a telephonic hearing on Oc-
tober 7, providing contact information for the call on the public docket sheet.3
Judge Wright added to the hearing's agenda consideration of a motion to in-
tervene in opposition to the suit by the Republican nominee.4 The judge began
the telephonic hearing with several reminders, including instructions that
speakers identify themselves every time they speak and that no one may record
or broadcast the hearing.'
1. Complaint, Craig v. Simon, No. 0:20-cv-2066 (D. Minn. Sept. 28, 2020), D.E. 1; Craig v.
Simon, __ F. Supp. 3d __, __, 2020 WL 5988497 (D. Minn. 2020) (pp.1-3 of opinion filed
at D. Minn. No. 0:20-cv-2066, D.E. 49); see Jessie Van Berkel, Craig Sues Over Election Delay
in U.S. House Race, Minneapolis Star Trib., Sept. 29, 2020, at 2B.
Minnesota law accords 'major' party status to the [Legal Marijuana Now] Party because
the party's candidate for state auditor received at least five percent of the statewide vote in
2019. Craig v. Simon, 978 F.3d 1043, 1045 (8th Cir. 2020).
2. Preliminary Injunction Motion, Craig, No. 0:20-cv-2066 (D. Minn. Sept. 29, 2020), D.E.
14; Craig, __ F. Supp. 3d at __, 2020 WL 5988497 (p.3 of opinion filed at D. Minn. No. 0:20-
cv-2066, D.E. 49).
3. Briefing Schedule, Craig, No. 0:20-cv-2066 (D. Minn. Sept. 29, 2020), D.E. 21; Docket
Sheet, id. (Sept. 28, 2020) (D.E. 22); see Minutes, id. (Oct. 7, 2020), D.E. 48; Notice, id. (Oct.
1, 2020), D.E. 38.
4. See Notice id. (Oct. 1, 2020), D.E. 36; Intervention Brief, id. (Sept. 30, 2020), D.E. 26;
Intervention Motion, id. (Sept. 30, 2020), D.E. 24; see Jessie Van Berkel, Timing Matters for
Craig vs. Kistner, Minneapolis Star Trib., Oct. 6, 2020, at lB.
5. Transcript at 4-7, Craig, No. 0:20-cv-2066 (D. Minn. Oct. 7, 2020, filed Oct. 30, 2020),
D.E. 64.
Federal Judicial Center 2/11/2021
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