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State Supreme Court will decide Gutknecht challenge
The Minnesota Supreme Court will have the final say on a lawsuit challenging U.S. Rep. Gil Gutknecht's right to remain on election ballots because of the dates he collected signatures for his re-election filing. The DFL lawsuit claims the Republican congressman should be stricken from the ballot because most of the petition signatures he presented in place of a $300 election filing fee were gathered before the July 4-18 period the lawsuit claims is required by the state. Secretary of State Mary Kiffmeyer, also a Republican, said Monday that Gutknecht should remain on the ballot because he met the requirements for major party candidates when he filed on July 5. "There's no limitation on the time of collecting signatures for petitions in lieu of filing fees," Kiffmeyer said. Kiffmeyer maintained that the time limitation applies only to independent and minor party candidates who must file nominating petitions to get on the ballot. She said petitions for major party candidates may be signed at any time. "I believe this complaint should be dismissed," she said. Gutknecht has represented Minnesota's 1st District since 1995. He was the only major party candidate in the state to submit filing petitions this year. Gutknecht has always chosen to submit filing petitions when running for Congress to highlight his fiscal conservatism and has never before been challenged on the basis of when petitions were signed. Louis Reiter, 77, of Elgin, Minn., filed papers with the state Supreme Court last week seeking to disqualify Gutknecht. The filing was prepared by DFL election attorney Alan Weinblatt, who argued that all candidates are subject to the time limit for petitions. If that was not the case, Weinblatt said, major party candidates could collect signatures years before an election and use them over and over again in succeeding years. "I think there are respectable arguments that could be made either way," said Fred Morrison, co-dean of the University of Minnesota Law School. "Minnesota elections law is very complicated, largely because it has been built a little section at a time, and they are not necessarily consistent with one another." David Schultz, a professor at Hamline University who also teaches elections law at the University of Minnesota Law School, disagreed with Kiffmeyer's interpretation. He said he believes the section of the law in question refers to both nominating petitions and to petitions filed in lieu of a filing fee. "I think Gutknecht's in trouble," Schultz said. But Guy Charles, a co-dean of the law school, said Gutknecht's candidacy looks less vulnerable under a subsequent section. "That section does not contain any restrictions on when you can gather the signatures," Charles said. "The only thing it requires is that a number of signatures be collected. It's an argument Gutknecht could make, a good-faith argument." If petitions for Gutknecht signed before the July filing period are thrown out, Weinblatt said only 290 signatures would remain -- far short of the 1,000 signatures required to file for election as a U.S. representative. Gregory Mikkelson, of Lake Crystal, Minn., also has filed as a Republican candidate for the 1st District seat and will appear on the primary ballot. Chief Justice Russell Anderson has ordered Kiffmeyer and Gutknecht to file formal responses by 4:30 p.m. Thursday. The Supreme Court then will schedule a hearing. (Copyright 2006 by The Associated Press. All Rights Reserved.)
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