ERLANDSON v. KIFFMEYER

No. C7-02-1879.

659 N.W.2d 724 (2003)

Mike ERLANDSON, John Eisberg, and Mollie Lorberbaum, Petitioners, v. Mary KIFFMEYER, Minnesota Secretary of State, and Patrick H. O'Connor, Hennepin County Auditor/Treasurer, individually and on behalf of all County and Local Election Officers, Respondents, Kathleen T. Blake, Michael J. Blake, Tom Kelly, and Ron Eibensteiner, individually and on behalf of the Republican Party of Minnesota, Intervenor-Respondents.

Supreme Court of Minnesota.

April 17, 2003.


Attorney(s) appearing for the Case

Alan W. Weinblatt, Weinblatt & Gaylord, PLC, St. Paul, MN, for Petitioner.

Michael A. Hatch, Attorney General, State of Minnesota, for Mary Kiffmeyer, Minnesota Secretary of State, Respondent.

Lori R. Swanson, Deputy Attorney General, Kristine L. Eiden, Deputy Attorney General, St. Paul, MN, for Mary Kiffmeyer, Minnesota Secretary of State, Respondent.

Amy Klobuchar, Hennepin County Attorney, Patrick C. Diamond, Assistant County Attorney, for Patrick H. O'Connor, Hennepin County Auditor/Treasurer, individually and on behalf of all County and Local Election Officers, Respondents.

Tony P. Trimble, Matthew W. Haapoja, Jeffrey C. O'Brien, Trimble & Associates, Ltd., Minneapolis, MN, for Kathleen T. Blake, Michael J. Blake, Tom Kelly, and Ron Eibensteiner, individually and on behalf of the Republican Party of Minnesota, Respondents.

Heard, considered and decided by the court en banc.


O P I N I O N

BLATZ, C.J.

Petitioners, three individuals, including the chair of the Democratic Farmer Labor Party, brought this action under Minn. Stat. § 204B.44 (2002) against the Minnesota Secretary of State and the Hennepin County Auditor/Treasurer.1 They sought relief regarding alleged errors, omissions and wrongful acts of respondents related to the then-upcoming election for United States Senator at the general election...

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