St. Paul Sue is in trouble in 15B
Sue Ek wants to be the next Representative from St. Cloud's district 15B. Only problem is, she's lived in St. Paul for the last 4 years. What's a girl to do?
MN Publius has been a great investigator on this issue. After the initial report by Checks and Balances, MN Publius dug up a lot of evidence supporting the contention that Sue Ek has lived in St. Paul since 2001 and only moved back recently. She was registered to vote in St. Paul from 2001-2004; her phone number is in St. Paul; she identified herself to MPR as living in St. Paul in 2003; she was an officer of the 4th District (St. Paul) GOP until sometime mid-2005; and she certified her St. Paul address as her home on July 9, 2005 -- after the June 27 residency deadline in St. Cloud.
A DFL activist from St. Cloud filed a lawsuit to remove Ek's name from the ballot. Now, the Supreme Court will decide if she can remain on the ballot.
Even if Ek is allowed to remain on the ballot, her campaign has been dealt a serious blow. And the voters will have to pay the price in confusion, above an beyond having an election on December 27. If only the St. Cloud GOP had done their homework, voters could've avoided this hassle. And maybe they could've picked up a seat in the Legislature.
Update: What is it with St. Cloud Republicans? Their Senate candidate has been caught doctoring photos in campaign literature, a potential violation of Minnesota campaign law. Minnesota Republican Watch explains. BUSTED.
Also, Cleversponge has more on St. Paul Sue.
posted by Luke Francl @ 9:08 AM |
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3 Comments:
we have more on ms ek here:
http://monkeysponge.blogspot.com/2005/12/ek-update.html
cp
Man, the Photoshop job on Dan Ochsner campaign material is pretty bad... It's such an obvious cut and paste job. I give it a C-
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
--------------------------------------------------- Minnesota Supreme Court
File # A05-2412
Rick Studer,
Petitioner,
vs. FINDINGS OF FACT AND
CONCLUSIONS OF LAW
Mary Kiffmeyer, Secretary of State;
Randy Schreifels, Stearns County Auditor/Treasurer;
Joan Neyssen, Benton County Auditor/Treasurer; and
Ramona Doebler, Sherburne County Auditor/Treasurer,
Respondents,
and
Sue Ek,
Intervenor-Respondent
---------------------------------------------------
The above-entitled matter came on for hearing before the Honorable George T. Stephenson, Judge of Ramsey County District Court serving as Supreme Court Referee per the appointment by Chief Justice Kathleen Blatz.
Petitioner, Rick Studer, appeared through his attorney, Mr. Alan Weinblatt. Intervenor-Respondent, Susanne Ek, appeared through her attorney Mr. Tony Trimble.
Respondents Mary Kiffmeyer (Minnesota Secretary of State), Randy Schreifels (Stearns County Auditor/Treasurer), Joan Neyssen (Benton County Auditor/Treasurer), and Ramona Doebler (Sherburne County Auditor/Treasurer) appeared through individual counsel.
The parties stipulated and agreed that Exhibits 1 through 22 would be admitted into evidence. The parties further stipulated and agreed that the sole issue to be decided by the Referee in this matter was whether Intervenor-Respondent Ek had resided in Minnesota’s Legislative District 15B for six months immediately preceding the special election as required by Minn. Const. Art lV, Section 6. The issue having been thus identified, counsel for the Respondents requested that they be excused from participation in and attendance at the hearing. Their request was granted.
Based upon the records and files herein, upon all the exhibits to which the parties stipulated, upon all other exhibits submitted and received at the hearing, upon the oral testimony of witnesses and upon the arguments of both counsel, the Referee makes the following:
FINDINGS OF FACT
1. On or about November 21, 2005, Governor Tim Pawlenty issued a Writ of Election pursuant to Minn. Stat Sections 204D.17 through 204D.27 to fill a vacancy in the office of State Representative for the House of Representatives for House District 15B. The Writ of Special Election directed that a special general election would be held on December 27, 2005. (Exhibit 5)
2. Minn. Const. Art lV, Section 6 requires that candidates for the office of State Representative reside in the district in which election is sought for six months immediately preceding the election.
3. Intervenor-Respondent Susanne Ek filed a Minnesota Affidavit of Candidacy on November 28, 2005 in which Intervenor-Respondent Ek swore or affirmed that on the day of the special election she will have been a resident of District 15B for six months immediately preceding. (Exhibit 6)
4. On December 9, 2005, Petitioner Studer petitioned the Supreme Court of the State of Minnesota to direct that Respondents omit Intervenor-Respondent Ek’s name from the ballot for the December 27, 2005 special election. Petitioner asserted that Intervenor-Respondent Ek will not have resided in District 15B for six months immediately preceding the election.
5. Intervenor-Respondent Ek registered to vote in Sherburne County on September 16, 2005; she had been registered in Ramsey County until that date. (Exhibits 7 & 8)
6. Prior to November 21, 2005, the home address of Intervenor-Respondent Ek was in St. Paul Ramsey County. Department of Public Safety records indicate that Intervenor-Respondent Ek was issued a driver’s license indicating an address in the City of St. Cloud (Legislative District 15B) on November 21, 2005. (Exhibit 9)
7. John Lerma, resides at 1254 Niles Avenue and was Intervenor-Respondent Ek’s next door neighbor in July of 2005. He had met Intervenor-Respondent Ek when she moved into the home at 1258 Niles Avenue, had been inside her home and had talked with her about the neighborhood. He confirmed that during the summer of 2005, Intervenor-Respondent Ek continued to reside at the address.
8. In July of 2005, Intervenor-Respondent Ek’s neighbor, John Lerma, lodged a complaint to the St. Paul Licensing, Inspections and Environmental Protection Department (LIEP) concerning the volume of business-related traffic in and around property at 1258 Niles Avenue in St. Paul. Although Intervenor-Respondent Ek resided there, that property is owned by the parents of Intervenor-Respondent Ek and at that time was also the site of a business operated by Intervenor-Respondent Ek who is the Executive Director for the business; Intervenor-Respondent Ek’s mother is the company president.
9. On July 9, 2005, pursuant to conversations with LIEP Inspector Yaya Diatta, Intervenor-Respondent Ek signed a Home Occupation Affidavit, a document in which she declared that she was residing at 1258 Niles Avenue. That document defines Home Occupation: “A home occupation is an occupation carried on in a dwelling unit by the resident thereof….” In that Affidavit, Intervenor-Respondent Ek acknowledged that she understood and agreed to comply with conditions stipulated for home occupation. (Exhibit 10)
10. LIEP Inspector Diatta discussed the Affidavit with Intervenor-Respondent Ek; during the discussion, she told him that she resided at that address. Mr. Diatta also testified, and Intervenor-Respondent Ek acknowledged during her testimony at the hearing, that no license for a Home Occupation would have been granted by the City of St. Paul if the person carrying on the business was not residing there.
11. While Intervenor-Respondent Ek testified that she had only “skimmed” the Home Occupation Affidavit (Exhibit 26, Paragraph 26); and, while her attorney argued that the document has confused her, Intervenor-Respondent Ek also testified that she was “terrible at reading documents like that”, that she had signed the document at the direction of her mother (Exhibit 26, Paragraphs 29-30); that she had done so as an officer of the company; and that she had not intended to indicate that she resided there on July 9, 2005 when she signed the Affidavit.
12. Intervenor-Respondent Ek’s testimony on this crucial issue is simply not credible. Intervenor-Respondent Ek is an articulate woman who is and was well aware of the financial benefit derived by operating her business out of her home; she is the Executive Director of that business and in that capacity has been authorized to bind her company in contracts and other financial obligations. Her assertion in the Affidavit that “I, Susanne Ek, the undersigned, certify that I reside (RENTER) in the dwelling located at 1258 Niles Avenue in St. Paul” is clear and unmistakable. The Court is unable to understand how a college graduate with degrees in Public Relations and Journalism might have been confused by this simple language. (Exhibit 10)
13. The most credible testimony and the most compelling evidence submitted at the hearing was that introduced through LIEP Inspector Diatta; he was the only objective, disinterested, apparently non-partisan witness at the hearing. Intervenor-Respondent Ek has submitted nothing to credibly refute the Petitioner’s assertion that she will not have resided within District 15B for six months immediately preceding the special election on December 27, 2005.
CONCLUSIONS OF LAW
1. The burden upon the applicant to establish ineligibility must be a heavy one in view of the drastic nature of an affirmative order, both to the candidate and to the electorate. Parsons v. Hickey 294 Minn. 543, 201 N.W. 2d 739 (1972). Petitioner has clearly borne this burden and no credible evidence to the contrary was submitted.
2. The Court need not consider the arguments of counsel regarding intent to establish residency and physical presence in District 15B because her residence at 1258 Niles Avenue in St. Paul was clearly established by her Affidavit, statements to LIEP Inspector Diatta, and the observations of Mr. Lerma, her next door neighbor.
3. Intervenor-Respondent Ek resided at 1258 Niles Avenue in St. Paul Ramsey County on July 9, 2005.
4. Intervenor-Respondent Ek is unable to comply with the residency requirement of Minn. Const. Art lV, Section 6 as she will not have resided within District 15B for six months immediately preceding the special election on December 27, 2005.
Respectfully Submitted,
_____________________________ Dated: December 16, 2005
George T. Stephenson
Special Supreme Court Referee
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