Since July 14, we've been following the case a supporter of Minnesota Senate District 23 Republican challenger Lisa Hanson was attempting to make about the residency of incumbent state senator Gene Dornink, R-Brownsdale.
On Friday, the Minnesota State Supreme Court brought that challenge to an end. Moral of story: don't sleep on your laches.
At the Rochester Post Bulletin, Brian Todd reports in Minnesota Supreme Court dismisses residency claim against Sen. Gene Dornink:
Gene Dornink remains on the ballot for the Minnesota Senate District 23 Republican primary race Tuesday. And all votes for Dornink will count.
So ruled the Minnesota Supreme Court late Friday, days before the primary race between Dornink, a resident of Brownsdale, and challenger Lisa Hanson of Hayward.
On July 28, 2022, Judy Kay Olson petitioned the Minnesota Supreme Court, asking that the court order Secretary of State Steve Simon and county auditors in the five counties that contain all or part of the new Senate District 23 to remove Dornink's name from the primary ballots. The petition claimed that Dornink did not reside within the district at least six months in advance of the Nov. 8, 2022, general election, which is required by statute.
Dornink, who currently serves in the Minnesota Senate, representing District 27, found himself moved into a newly created District 24 facing Sen. Carla Nelson, R-Rochester. In order to avoid running against another sitting GOP senator, Dornink told news media he planned to move to the new District 23. On May 24, he filed listing an address in Brownsdale.
Dornink and his wife had previously lived in Hayfield.
As part of the petition, Olson claimed that she and investigators had visited both Dornink's home in Hayfield and the new home in Brownsdale several times between May 8, 2022, and July 15, 2022. From their visits, they concluded that Dornink did not live in Brownsdale as he claimed.
However, on Friday, Aug. 5, 2022, Chief Justice Lorie S. Gildea dismissed the claim, mainly on the grounds that laches – an unreasonable delay in making an assertion or claim – applied to the case.
"Olson filed her petition 65 days after Dornink filed his affidavit of candidacy, 35 days after absentee voting began for the primary, and 12 days before the date of the primary," Gildea wrote. "We have acknowledged that 'some' delay in filing a petition challenging a candidate’s residency 'may be excused' because the challenger needs to know more than where the candidate claims to be residing and instead needs to investigate and gather evidence to prove that the candidate is not residing in the district.
"The record here, however, indicates that Olson did not act expeditiously or diligently in conducting her investigation," Gildea wrote . . .
Reporting for Minnesota Public Radio, Brian Bakst reports in Court says state senator can remain on primary ballot:
A Minnesota state senator will keep his place on next Tuesday’s primary ballot after a challenge to the Republican’s residency was dismissed.
The state Supreme Court said in an order Friday that the attempt to strike Sen. Gene Dornink from a race in southern Minnesota came too late after suspicions were first raised and it would create election complications. Dornink’s residency was questioned by people partial to his GOP challenger, Lisa Hanson.
Dornink bought a new house in a nearby town after new district boundaries paired him with a fellow incumbent. He insists he met residency requirements in state law despite allegations he has spent considerable time in his family’s prior home.
Chief Justice Lorie Gildea, who wrote the order, said some delay in investigating and then seeking to remove a candidate is reasonable. But she said the time lapse here went beyond that, noting that those questioning the senator’s living arrangement spread their visits to his property out over a month and then took additional time to file with the court.
Gildea wrote that “unreasonable delay in filing the petition and the substantial prejudice that would result from making a last-minute change to the ballots after they have been printed and early voting commenced, requires that the petition be dismissed.”
The order came about a week after the case was first filed. The ruling appears to speak only to his eligibility in the primary election.
At MinnPost, Walker Orenstein reports in Supreme Court dismisses challenge to lawmaker in Austin-area GOP primary race:
Minnesota Republican Sen. Gene Dornink will stay on the ballot in a hotly contested primary race in the Austin area.
The Minnesota Supreme Court on Friday dismissed a petition that claimed Dornink did not move to Senate District 23 in time to meet residency requirements after his district boundaries changed following the 2020 Census.
Glenville resident Judy Kay Olson had argued Dornink still lived in his Hayfield home while claiming to live in Brownsdale, and she cited as evidence observations and other research by an investigative expert who was recently the campaign manager for Dornink’s Republican opponent Lisa Hanson. Keith Haskell said he visited Dornink’s homes many times between early May and mid July, taking videos, chalking tires on cars to check for movement and observing.
But Dornink, first elected in 2020, argued the accusation was frivolous and without merit. In a legal filing, he said he had lived at his Brownsdale home since early May, enough time to qualify for the November general election and the primary on Tuesday. “My only overnight absences were as a result of legislative service,” said a declaration from Dornink sent to the court.
On Friday, Dornink said in a statement that he was “grateful the court dismissed this baseless case so quickly.”
“I will continue running a positive, issue-oriented campaign,” Dornink said. “I look forward to winning the Primary this Tuesday and the General Election in November.” . . .
We're not sure we agree with the characterization of Haskell as an "investigative expert" but your mileage may vary. We'll keep an eye out for the returns in next Tuesday's primary for this one.
Related posts:
- MN23 GOP primary woes: Dornink strikes back
- MN23: Patriot Princess supporter files residence complaint against Gene Dornink
- Hanson follows through on challenging Dornink; her campaign manager faces his own challenge
- COVID vaccine stealing guy gets booted from Lisa Hanson's Dodge County Courthouse hearing
- Freeborn County judge has a point about Interchange owner's counterclaims against state
- All in the badge: new MN NATF state coordinator convicted of 2017 impersonation of peace officer
- National Action Task Force: From the mixed-up files on founder Mr. Mark Emery [Boswell]
- Dornink to move to Glenville to run in District 23; "Patriot Princess" Lisa Hanson declares bid
Map: The new senate district, from Action 4 Liberty's Heroic Lisa Hanson Runs for Minnesota Senate.
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