Matter of Contest of Election in Del Primary

344 N.W.2d 826, 1984 Minn. LEXIS 1230
CourtSupreme Court of Minnesota
DecidedFebruary 10, 1984
DocketC4-83-1635
StatusPublished
Cited by4 cases

This text of 344 N.W.2d 826 (Matter of Contest of Election in Del Primary) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Contest of Election in Del Primary, 344 N.W.2d 826, 1984 Minn. LEXIS 1230 (Mich. 1984).

Opinions

[828]*828OPINION

PETERSON, Justice.

This is an election contest commenced in Hennepin County District Court by contestant-appellant, Patrick M. Daugherty, alleging that contestee-respondent, Sandra M. Hilary, made a false claim of party support in her DFL primary election campaign for alderman from the Third Ward of the City of Minneapolis. Specifically, Daugherty alleges that the distribution of 13,000 documents, entitled “Official Sample Ballot,” violated Minn.Stat. 210A.02 (1982), because the ballot falsely implied that Hilary was endorsed by the DFL party. The trial court ruled that Hilary violated section 210A.02 and that the violation was deliberate, serious, and material. The trial court further ruled, however, that the violation did not seriously or materially affect the outcome of the election and that it did not arise from any want of good faith. Based on these findings, the trial court refused to set aside the primary election. We reverse.1

The Third Ward of Minneapolis is one of the heaviest DFL voting areas in the State of Minnesota. The ward has traditionally elected the DFL endorsed candidate for alderman. As a result, success in the DFL primary is tantamount to election to the office of Third Ward alderman.

Patrick Daugherty has been Third Ward alderman since 1977. He was the endorsed DFL candidate when he was re-elected in 1979 and 1981. In 1983, he was opposed by Sandra Hilary for the DFL party endorsement and the DFL space on the general election ballot. The DFL Third Ward convention endorsed Daugherty on March 21, 1983. The endorsement gave Daugherty the right to be included on the official DFL sample ballot, which would be distributed by the DFL City Central Committee prior to the primary election.

During the 3 days prior to the primary election, Hilary distributed 13,000 copies of a document entitled “Official Sample Ballot.” The front of the document, highlighted in yellow, appeared as follows:2

[829]*829[[Image here]]

[830]*830During the same period of time that Hilary was distributing her sample ballot, the “DFL Endorsed Sample Ballot” supporting the endorsed candidates — Daugherty for alderman and Nancy Anderson for park board at large — was distributed in the Third Ward. The DFL ballot was designed, as the DFL sample ballots had been designed in prior years, with two identical lengthwise ballots, highlighted in yellow, containing pictures of the candidates and a short letter from party leaders on the back asking for voter support. Sample ballots are commonly issued by the DFL party in this or a very similar format. Traditionally, the DFL ballot was entitled “Official DFL Sample Ballot,” although the 1983 ballot did not use the word “official.”

The primary election, held on September 13, 1983, resulted in a victory for Hilary by a margin of 85 votes out of 3,855 cast.

Disposition of this election challenge requires answers to the following questions:

(1) Did Hilary’s “Official Sample Ballot” falsely imply that she was endorsed by the DFL party in violation of Minn.Stat. § 210A.02 (1982)?
(2) Was there a knowing violation that was deliberate, serious, and material?
(3) Did the violation arise from any want of good faith?

1. Whether there has been a violation of section 210A.02 by a false claim of party support or endorsement is a fact issue ascertainable from the documentary evidence before us. Two recent cases provide the framework for analysis. In Schmitt v. McLaughlin, 275 N.W.2d 587 (Minn.1979), we held that the use of the letters “DFL” in the campaign literature of an individual running for a non-party designated office “would imply to the average voter that contestee had the endorsement or, at the very least, the support of the DFL party.” Id. at 591. We noted, however, that candidates have a right to inform voters of their party affiliation “by use of such words as ‘member of’ or ‘affiliated with’ in conjunction with the initials ‘DFL.’ ” Id. In Matter of Ryan, 303 N.W.2d 462 (Minn.1981), the contestee argued that the words designating his party office inserted between “DFL” and “Labor Endorsed” were words indicating party affiliation, but not party endorsement, satisfying the requirements of Schmitt that “DFL” be used only with modifying language. We agreed with the trial court’s analysis that the words “most reasonably read as an appositive rather than a modifier,” and held that “[t]o meet the test established in Schmitt, it follows that the modifying language should be either synonymous with or a paraphrase of the approved words.” Id. at 466.

Hilary argues that her sample ballot satisfies the requirements of Schmitt and Ryan by using the word “DFL’ers,” a paraphrase of the words “member of DFL.” We conclude, however, that the words may not be construed in isolation and should be read in the context of the document as a whole. In prominent lettering at the top of the Hilary ballot were the words “Official Sample Ballot,” strikingly similar to the traditional title of the DFL sample ballot. The title was immediately followed by the phrase “Vote for these DFL’ers.” Hilary included in her ballot a vote for Nancy Anderson, who, in addition to Daugherty, was the only DFL endorsed candidate for the Third Ward election. The language “Official Sample Ballot — Vote for these DFL’ers” in the context of the document implied that the word “official” referred to the DFL party or unit thereof.3 We concur in the finding of the trial court that the Hilary sample ballot, taken as a whole, “was a thinly disguised attempt to clothe the sample ballot with a status not customarily afforded mere cam[831]*831paign literature and to directly imply that the document was the DFL sample ballot, thus indirectly and falsely implying contes-tee was the endorsed candidate for aider-man in the Third Ward.”

2. A candidate violates section 210A.02 “knowingly,” as we said in Ryan, “if he knew that his literature falsely claimed or implied that he had party support or endorsement.” 303 N.W.2d at 467. Hilary asserts that she and her campaign workers did not know that the sample ballot falsely implied party support. She states that her campaign workers referred to the 1982 Minnesota Campaign Manual published by the Secretary of State. That manual, however, is nothing more than a reprint of the Fair Campaign Practices Act with minimal summary and annotation. It did not cite the Schmitt or Ryan cases. Hilary’s campaign manager, Lauren Maker, an attorney, admitted that she was vaguely aware of the Ryan case, but chose to rely solely on the manual without reviewing the most recent judicial applications of the statute. Hilary used, as a model, a sample ballot distributed by a 1977 aldermanie candidate in the Sixth Ward, which was approved by an unidentified county attorney. The 1977 ballot was prepared prior to both Schmitt and Ryan and was never challenged. Finally, Hilary reviewed the 1982 Official DFL Sample Ballot in an attempt to create “visual dissimilarities” between her ballot and the traditional DFL ballot.

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Matter of Contest of Election in Del Primary
344 N.W.2d 826 (Supreme Court of Minnesota, 1984)

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344 N.W.2d 826, 1984 Minn. LEXIS 1230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-contest-of-election-in-del-primary-minn-1984.