Clark v. Growe

461 N.W.2d 385, 1990 Minn. LEXIS 340, 1990 WL 166022

• Court: Supreme Court of Minnesota
• Decided: November 1, 1990
• Docket: C9-90-2346
• Status: Published

Opinions

ORDER

The above-entitled matter came on for hearing before the court sitting en banc on Thursday, November 1, 1990 on the petition of Sharon K. Clark for relief pursuant to Minn.Stat. § 204B.44(d) (1988), alleging that the respondent Joan Anderson Growe, Secretary of State erred in failing to place petitioner’s name on the ballot as the Independent-Republican candidate for the office of lieutenant governor in the general election scheduled for November 6, 1990. Appearances at the hearing were as follows: Mark Briol on behalf of the petitioner Clark; John Tunheim, Chief Deputy Attorney General on behalf of the respondent Secretary of State; and Bruce Willis on behalf of Arne Carlson for Governor Volunteer Committee.

WHEREAS, the Secretary of State has advised the parties and the court that she intends to place on the ballot as the Independent-Republican candidates for governor and lieutenant governor the team of Arne Carlson and Joanell Dyrstad pursuant to Minn. Const, art. V, § 1 and Minn.Stat. § 204B.13 (1988); and

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that the petition of Sharon K. Clark to compel the Secretary of State to place her name on the ballot as the Independent-Republican candidate for lieutenant governor in the general election be, and the same is, denied. The Secretary of State did not err in deciding to place on the ballot as the Independent-Republican entry for governor and lieutenant governor the names of Arne Carlson and Joanell Dyrstad.

POPOVICH, C.J., and YETKA, J. dissent.