Referee's Findings of Fact and Conclusions of Law: Torrey Westrom stays on MN12 ballot

We've been following the inquiry into the petition challenging Torrey Westrom's residence in the recently redistricted Senate District 12, most recently with Monday's post, Westrom residency: an account of the hearing before the Honorable Diane Bratvold.

Bratvold issued her ruling on Tuesday afternoon. The document, embedded below, concludes with the paragraph below:

In sum, the evidence Westrom presented to support his claim that he now resides in SD 12 is not overwhelming. Still, the evidence establishes by a preponderance that Westrom has resided at the Lake Mary property since May 7, 2022, given the short period of time he had to move after redistricting changed the boundaries for SD 12. Thus, Westrom has satisfied the residency requirement to run for senator in Senate District 12.

The ruling is embedded below:

Referee's Findings of Fact and Conclusions of Law uploaded by Sally Jo Sorensen on Scribd

We'll be curious how Republican and conservative voters respond to Klingbeil, who is running to the right of Westrom, following the unsuccessful challenge. 

Related Posts

• Westrom residency: an account of the hearing before the Honorable Diane Bratvold
• Westrom residency: Klingbeil thanks intervenor; referee's decision to come no later than Tuesday
• Another MN12 resident moves to intervene in challenge to Westrom residency in district
• MinnPost: if Klingbeil's petition on Westrom's residency prevails, still chance for GOP on ballot
• 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 on Lake Mary in Senate District 12.

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Comments

[Cory Allen Heidelberger]

Interesting residency case! The judge's ruling seems reasonable. The candidate was forthright about the intent of the move to establish residency for election purposes. The candidate completed the purchase just in time to comply with the six-month residency requirement for legislators. The candidate provided evidence and testimony from multiple witnesses to establish a plausible case that he really does live at Lake Mary in the new District 12. The complainants did not provide any smoking gun—they didn't show that Westrom had used the Elbow Lake address to vote or claim property tax benefits or anything else like that.

Also interesting that Minnesota only requires residency six months preceding the election, while South Dakota requires two years. Do you know if there's a reason Minnesota requires less time of residence to qualify to run for office?