Update 8/31: On Tuesday, August 30 the referee ruled in Westrom's favor, we reported in Referee's Findings of Fact and Conclusions of Law: Torrey Westrom stays on MN12 ballot.[end update]
We've been covering Torrey Westrom's housing issues in the new Minnesota Senate District 12 ever since we got the tip covered in Will 2020 redistricting plan boundary adjustment get snuck in to let Westrom live in lake house?.
That plan was abandoned, and Westrom filed for office using a new home his family and another guy had purchased just before the deadline for a candidate to establish residence in a new district. Questions about the move lingered and we reported Via personal Facebook page: independent candidate [Ashley Klingbeil] vows to challenge Westrom residency.
We posted more details in Swift County Monitor, Black Robe Regiment look into MN12 Westrom non-residency claims.
At MinnPost, Walker Ornstein looks into what might follow if the Minnesota Supreme Court agrees with Klingbeil's petition in If a lawmaker violates residency rule, what happens with names on the ballot?:
Westrom challenge still pending
Westrom’s residency was challenged by a third-party candidate running to the lawmaker’s political right. The third-term senator — who previously was elected to eight terms in the House — lived in Elbow Lake. But he announced a move to Alexandria to run in an open district instead of potentially competing against Rep. Jordan Rasmusson, R-Fergus Falls, for the retiring Sen. Bill Ingebrigtsen’s seat.
Ashley Klingbeil, running under a party named “We the People,” and her campaign manager Christine Fischer, argued in court filings last week that they have video evidence that Westrom’s Elbow Lake home is in use while the Alexandria one is vacant and “appears abandoned.”
“No member of Torrey Westrom’s family was present at the property during numerous residency checks and no personal vehicles were observed on the property,” the petition says.
Westrom issued a written statement saying the allegations are “baseless” and are a “desperate attempt to distract from the real issues of the campaign.”
“I changed my residency to rural Alexandria before the deadline in full compliance with Minnesota Law,” Westrom said.
In Westrom’s case, Klingbeil hopes the residency challenge will lead to a two-person race between Klingbeil and the DFL candidate, Kari Dorry, Fischer told MinnPost.
Fischer said a special election “could” be ordered by a court, though she believes it would be unlikely since there’s time to correct ballots. “In my opinion the GOP had a chance to run a candidate and should not be allowed to replace Westrom with another candidate on the ballot,” Fischer said.
But that does not appear to be an option. State law says a major political party can nominate a new candidate if theirs is removed. And a special election would be called if Westrom is removed after the 79th day before the general election — which is this weekend. David Schultz, a political science and election law professor at Hamline University, said “barring anything really unusual” there isn’t wiggle room in the statute.
That means if Klingbeil succeeds, Republicans could either pick someone to run in the November general election or a February special election. In follow-up comments, Fischer acknowledged the GOP would have an opportunity to replace Westrom but said it would be hard for them to come up with an alternative in a week.
In 2016, the state Supreme Court ruled then-Rep. Bob Barrett didn’t live in his northeast metro district. He was removed from the ballot, but the Pioneer Press reported at the time that the court rejected an argument that the election should be held without a Republican. Anne Neu was named to replace Barrett and won a special election for the seat.
The option of the party to select a replacement for a candidate reminds Bluestem of the situation here in the South Dakota Senate District House races (in most state senate districts in the Rushmore State, house members are elected at large). When questions were raised about Logan Manhart's eligibility, he withdrew his candidacy and the district Republican Party leadership picked Joe Donnell to replace him. On the Democratic side, Jennifer Keintz withdrew her name (she was later selected as Democratis gubernatorial candidate Jamie Smith's running mate). The local party picked Retired Roberts County state's attorney Nikolas to fill Democratic spot on District 1 House race.
Meanwhile, the DFL candidate in the district is posting an ambitious door knocking schedule and material about issues on her campaign Facebook page:
We'll keep watching this story develop.
Related posts:
- Swift County Monitor, Black Robe Regiment look into MN12 Westrom non-residency claims
- MN12 Westrom residency challenge: Supreme Court sets August 15 deadline for evidence
- MN12: "We The People" candidate Klingbeil follows through on Westrom residency challenge
- Via personal Facebook page: independent candidate vows to challenge Westrom residency
- MN12: Ashley Klingbeil to challenge Torrey and Dorry from the right for state senate seat
- Will 2020 redistricting plan boundary adjustment get snuck in to let Westrom live in lake house?
Photo: Torrey Westrom's new real estate purchase. We The People candidate Ashley Klingbeil believes she has evidence to prove Westrom does not, indeed, live there.
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