Instead of responding to the inaccurate innuendos I will post some of the facts
relating to this case.
FACT SHEET
� Factual Background
Plaintiffs served and filed a complaint against the City of Minneapolis, the
City Council members, and the city elections clerk on July 25, 2003. The case was
filed in Hennepin County District Court.
On August 20, 2003, the defendants filed a Notice of Removal removing this
case from state court to federal court.
� Application to this Case
This case is based on provisions of the Minnesota Constitution and Minnesota
statutes.
Minnesota Constitution, Article I, � 2: "No member of this state shall be
disenfranchised or deprived of any of the rights or privileges secured to any citizen
thereof . . ."
Minnesota Constitution, Article VII, �1: "Every person 18 years of age or more
who has been a citizen of the United States for three months and who has resided in
the precinct for 30 days preceding an election shall be entitled to vote in that
district."
Minnesota Statute � 204.135, subd. 1: "A city that elects its own council
members by wards may not redistrict those wards before the legislature has been
redistricted in a year ending in one or two. The wards must be redistricted within 60
days after the legislature has been redistricted or at least 19 weeks before the state
primary election in the year ending in two, whichever is first."
Minnesota Statute � 204B.14, subd. 1a: "It is the intention of the legislature
to complete congressional and legislative redistricting activities in time to permit
counties and municipalities to begin the process of reestablishing precinct boundaries
as soon as possible after the adoption of the congressional and legislative
redistricting plans but in no case later than 25 weeks before the state primary
election in the year ending in two."
The complaint also contains claims based upon the Fifth and Fourteenth
Amendments to the U.S. Constitution.
� Main Points
The City has already admitted numerous points.
The City has admitted that the official population of the City of Minneapolis
was determined by the U.S. Census Bureau as of April 1, 2000.
The City has admitted that the Minnesota Special Redistricting Panel issued
its final Order adopting a legislative redistricting plan on March 19, 2002.
The City has admitted that the Minneapolis Redistricting Commission created
new municipal ward boundaries based on the population figures in the 2000 census.
The City has admitted that the Minneapolis Redistricting Commission filed its
final district lines for the City of Minneapolis municipal wards with the Minneapolis
City Clerk on April 18, 2002.
The City has admitted that it held city council elections in 2001 using the
old municipal ward boundaries based on the 1990 census.
The City has admitted that it will not schedule another election for the
office of Minneapolis City Council until November 2005.
The City has admitted that the new Wards 3 and 8 have no current city council
member living in either of them.
In addition to the named plaintiffs, the case for earlier elections is supported by
the following noted persons well known for their expertise in public affairs:
Former State Senator (and President of the Senate) Allan Spear
State Senator Larry Pogemiller
State Representative Ron Abrams
Joan Growe, Former Secretary of State
Arvonne Fraser, Hubert Humphrey School faculty member
Lee Eklund, former Chair of the Minneapolis Republican Party
Carlton Crawford, Current Chair Minneapolis Republican Party
John Brandl, Former legislator and Dean of the Humphrey School
Lyle Schwarzkopf, Former Minneapolis City Clerk, Former Legislator and Alderman
John Bergford, Former Minneapolis Alderman
November note: The decision was made to leave the case in Federal court along with
the other case contesting the district lines. Plaintiffs and defendants have agreed
that cross motions for summary judgment will be filed no later than February 2, 2004.
In addition, on November 5, the Minneapolis Charter Commission passed language
requiring an early election on to the city council for consideration as an ordinance.
(Passage would require a 13-0 vote from the council.)
REMINDERS:
1. Think a member has violated the rules? Email the list manager at [EMAIL PROTECTED]
before continuing it on the list.
2. Don't feed the troll! Ignore obvious flame-bait.
For state and national discussions see: http://e-democracy.org/discuss.html
For external forums, see: http://e-democracy.org/mninteract
________________________________
Minneapolis Issues Forum - A City-focused Civic Discussion - Mn E-Democracy
Post messages to: mailto:[EMAIL PROTECTED]
Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls
