A referee's findings on Torrey Westrom's residency in Senate District 12 is being challenges in new documents filed with the Minnesota State Supreme Court. Westrom's lawyers respond as well, agreeing but arguing that the burden of proof in such appeals lies with those who challenge a lawmaker candidate's residency in a district.
Last week, we noted in Referee's Findings of Fact and Conclusions of Law: Torrey Westrom stays on MN12 ballot:
[Diane] 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 can be read here: Referee's Findings of Fact and Conclusions of Law.
Curiously, state chair of the Republican Party of Minnesota David Hann claimed that the referee's decision proved something else, Al Edenloff reported the Alexandria Echo Press article, Court referee concludes Sen. Torrey Westrom resides in Senate District 12:
David Hann, chair of the Minnesota Republican Party also issued a statement: “This is great news that confirms what we already knew — this complaint was without merit.”
Edenloff reports the petitioners' response:
Klingbeil and her campaign manager conducted a two-week investigation on Westrom's previously claimed home in Elbow Lake and the Lake Mary residence, Klingbeil said in an email to the Echo Press.
“At the Elbow Lake house, we documented a well-kept home with human presence several nights in a row,” she said. “At the Lake Mary house we documented an abandoned-looking property with no human presence several nights in a row.
“While I disagree that Westrom met the residency requirement, having failed to establish much semblance of residency prior to being served with our petition, I must respect the court's decision that we did not meet our burden of proof,” Klingbeil said.
“This process has been a valuable learning experience for me, and has brought to light several disparities within our election law that make it difficult for citizens to hold candidates and elected officials accountable,” Klingbeil added. “If I am so fortunate to be elected this November, I will get right to work, correcting those disparities, based on my own personal experiences in attempting to stand up for election integrity.
Objections filed today suggests that her respect for the court is not wholehearted:
Objections of petitioners Fischer and Klingbeil to Referee's Findings... uploaded by Sally Jo Sorensen on Scribd
Fischer and Klingbeil aren't alone. Here's Guillemard's objection:
Guillemard Appeal of findings in A22-1112 (Westrom residency in MN12) uploaded by Sally Jo Sorensen on Scribd
While Westrom's lawyers agree with the referee's conclusion, they do question using the legal notion of "preponderance" (what's likely). Instead, they argue that petitioners face a stiff burden of truth. Here's their filing:
Support of Findings of Fact and Conclusion of Law uploaded by Sally Jo Sorensen on Scribd
An aside: what Game of Thrones prompted Westrom's move?
Moving to a new district certainly must have been a vexsome experience for Westrom. 2022 redistricting didn't follow the pattern set in 2002, when he was serving in the Minnesota House and paired with another Republican state house member.
An April 1, 2002 press release, Local Legislators Announce Intentions for Next Election, announced:
In the wake of a redistricting plan that placed four area state legislators in the running for two positions, Rep. George Cassell and Rep. Torrey Westrom announced their plans today for the upcoming November election.
Westrom and Cassell, who were paired for the same House seat, had three choices. They could run against each other for the Republican endorsement, compete in a primary election, or one of them could choose not to run for re-election.
Both Cassell and Westrom agreed they did not want to run against one another, so Rep. Cassell announced today that he will not seek re-election to the House of Representatives. Instead, he will run for the Minnesota Senate in what is now called Senate District 11.
"Rep. Westrom not only is a good friend of mine, but I also didn't want the Legislature to lose his valuable skills and experience," Cassell said. "Running for Senate makes it possible for the two of us to continue working together and serving this area as a strong team."
The newly structured Senate District 11 is currently home to both Sen. Charlie Berg and Sen. Dallas Sams. Sen. Berg announced last week that he will not seek re-election to the Senate, leaving the path open to Rep. Cassell for the Republican endorsement. Cassell's DFL opponent will likely be Sen. Sams of Staples, although he has not officially announced a bid for re- election.
"The new redistricting boundaries put the two senators at opposite corners of the district," Cassell said, "but because I live in Alexandria, I am centrally located in the new district, and have better access to all the communities within it. For me, it is a matter of being in the right place at the right time."
Rep. Westrom also officially announced that he will seek re-election in the new House District 11A. Living in Elbow Lake, Westrom is also centrally located in his new district. Westrom said he is pleased with the way things have worked out after redistricting and is looking forward to campaigning with Cassell, rather than against him. . . .
Cassell was defeated by the late Dallas Sams, who then lost to Senator Bill Ingebrigtsen, who announced his retirement in January 2022.
That announcement was made before redistricting results were announced by the court on February 15, 2022, Ingebrigtsen also announced his endorsement of state representative Jordan Rasmusson before the lines were drawn, according to a January 31, 2022 press release Ingebrigtsen endorses Rasmusson for State Senate.
District 8 became District 9, placing Rasmusson and Westrom together in the same district, while the new District 12 was left without an incumbent.
Westrom's first statement about running again after the new lines were drawn, published as State Sen. Torrey Westrom announces re-election bid on February 18 in the Alexandria Echo Press, doesn't mention the district in which he will run:
State Sen. Torrey Westrom, R-Elbow Lake, announced Friday, Feb. 18 that he is seeking re-election three days after a five-member panel of judges released the new legislative district maps that go into effect for the upcoming election.
Westrom released the following statement:
“As the current Senate Agriculture and Rural Development Committee chairman, I look forward to continuing to represent the great people in western and central Minnesota and be their champion in the Minnesota State Senate. With the new district lines, I am actively evaluating with family and community members on how to best be that strong voice for agriculture and our traditional conservative values in St. Paul. As a life-long Republican, it is a tremendous honor serving our community. Stay tuned for imminent, detailed news on our re-election campaign."
We can only wonder what discussions went on in the subsequent weeks before the Echo Press published Sen. Torrey Westrom announces re-election bid in District 12 on March 3:
ST. PAUL – Senator Torrey Westrom, R-Elbow Lake, announced his re-election bid to the Minnesota State Senate for Senate District 12 on Thursday, March 3.
On Feb. 15, a five-judge panel appointed by the Minnesota State Supreme Court released redrawn legislative maps based on the results of the 2020 Census. Every 10 years, Minnesota is constitutionally required to redraw its legislative boundaries to reflect population shifts.
“After much prayer and deliberation with my family, supporters and community members, I look forward to seeking the Republican endorsement and continuing to represent west central Minnesota in the state Senate, as the senator from Senate District 12,” said Westrom, who currently serves as chair of the Senate Agriculture and Rural Development Committee.
“I want to continue being one of the fiercest advocates in the legislature for agriculture, rural jobs, rural schools, rural health care, and rural broadband expansion, along with fighting for our traditional values,” Westrom said.
The newly redrawn Senate District 12 comprises five of the six counties within the current senate district boundary, which Westrom currently represents. They are Big Stone, Douglas, Pope, Stevens, and western Stearns County. The new Senate District 12 will also include Swift County.
Westrom has represented District 12 in the Minnesota State Senate since 2012.
“It is a tremendous honor to serve our west central Minnesota communities in the Legislature and I look forward to continuing to fight for you and our conservative rural values in St. Paul,” Westrom said.
No news there about the fact that his Grant County and his home in Elbow Lake wasn't in the new District 12.
That first detail first appeared in district media on March 9, when Morris MN radio KMRS/KKOK reported in Westrom to Establish Residence in Douglas County to Seek Reelection:
When State Senator Torrey Westrom announced his run for re-election to District 12 last week, one detail was not mentioned. After redistricting, the new legislative border lines for District 12 which would be valid for the 2022 election do not include Grant County, where the Elbow Lake Republican currently resides. A requirement to represent a district is that a candidate must live in the district for six months prior to the election. The new District 12 will include Big Stone, Stevens, Pope, Swift, part of Douglas and part of Stearns Counties.
In a response to query from KMRS, Westrom’s office said the senator has until May 8th to reside in the district, which he will establish by that time in Douglas County.
To continue the timeline, Bluestem reported on what appeared to be an abortive effort to squeeze a Douglas County lake home owned by the Westroms--but in the new Senate District 9--into District 12 in Will 2020 redistricting plan boundary adjustment get snuck in to let Westrom live in lake house?.
How did the extended Westrom family respond to the predistricting preference given to one-term Minnesota House member Jordan Rasmusson, that forced Torrey's move? We're looking to secure one more piece of evidence of that one.
That was a close primary for Rasmusson, MinnPost's Walker Orenstein reported in Small but mighty showing for anti-establishment GOP candidates in Minnesota primary:
. . .State Rep. Jordan Rasmusson, a Republican from Fergus Falls who introduced a paid family leave bill at the Legislature this year and is in the more centrist wing of his party, narrowly beat Nathan Miller of Battle Lake, whose website decries “weak Republicans” and said his personal protective equipment during the COVID-19 pandemic was a gun, not a mask. . . .
Rasmusson's primary victory came largely by taking Otter Tail County, the most populous area in the new district, which he had served in the House. Miller took 61.88 percent in Grant County.
We'll look more closely at this race in a separate post.
Related Posts
- Referee's Findings of Fact and Conclusions of Law: Torrey Westrom stays on MN12 ballot
- 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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