Weiler v. Ritchie

788 N.W.2d 879, 2010 Minn. LEXIS 552, 2010 WL 3781987
CourtSupreme Court of Minnesota
DecidedSeptember 30, 2010
DocketA10-1120
StatusPublished
Cited by13 cases

This text of 788 N.W.2d 879 (Weiler v. Ritchie) 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
Weiler v. Ritchie, 788 N.W.2d 879, 2010 Minn. LEXIS 552, 2010 WL 3781987 (Mich. 2010).

Opinion

OPINION

PER CURIAM.

This case raises a challenge under Minn. Stat. § 204B.44 (2008) to the name by which a candidate for Minnesota Secretary of State seeks to appear on the 2010 general election ballot. On May 25, 2010, Daniel Mark Severson filed an affidavit of candidacy as the Republican-endorsed candidate for Minnesota Secretary of State. The affidavit of candidacy requires the candidate to state his name “as it will appear on the ballot” and requires the candidate to state that “this is my true name or the name by which I am generally known in the community.” Severson listed his name on the affidavit of candidacy as “Dan ‘Doc’ Severson.”

On June 29, 2010, petitioner Carol Weiler petitioned our court for an order requiring the Minnesota Secretary of State to omit the word “Doc” from Severson’s name on the general election ballot, on grounds that “Doc” is not the name by which Severson is commonly and generally known in the community. Severson intervened in the matter and filed a response in opposition to the petition. The court also received a response to the petition from the Secretary of State, who took no position on the merits. 1 Petitioner Weiler filed a reply in support of her petition. None of the parties identified any disputed facts, nor did any party request an evidentiary hearing before a referee to resolve any issues of material fact. The court heard oral argument on August 11, 2010. So as not to impede the orderly administration of the general election, the court issued an order on August 16, 2010, granting the petition, with this opinion to follow.

The undisputed facts of the matter are as follows. In 1983, while training to be a Navy pilot, Severson was assigned the “call sign” “Doc” by others in his squadron. Severson went by the name “Doc” during his Navy service and continues to be known as “Doc” among those with whom he served. Severson provided five identical affidavits, each by a Minnesota resident, who “know that Dan Severson’s nick-name/call sign is ‘Doc.’ ” The record also contains an affidavit signed by two residents of Avon, Minnesota, who aver that they have known Severson for 10 years, and that he has “been ‘Doc’ the entire time” they have known him. Sever- *882 son also has been referred to as “Doc” by his in-laws for some 27 years.

Severson is currently the Minnesota State Representative for District 14A and was first elected to the Minnesota House in 2002. Severson considered using the nickname “Doc” during his 2002 campaign for State Representative but rejected the idea as “too informal” for a first run for office. Severson’s opponents for State Representative in the 2004 and 2008 elections never observed Severson refer to himself as “Doc” at any campaign event or in any campaign materials. Each also attests that he never heard anyone else refer to Severson as “Doc” during those campaigns. Severson’s 2006 and 2008 affidavits of candidacy for State Representative each list him as “Dan” Severson. Sever-son’s Minnesota Campaign Finance and Public Disclosure Board filings for each of Severson’s four legislative campaigns list the candidate’s name as “Daniel M. Sever-son.” Severson’s campaign website for Secretary of State (until after the filing of his affidavit of candidacy) and Severson’s official legislative website each list him as “Dan” Severson. Severson has registered to vote under the name “Daniel Mark Sev-erson” since 2002.

A legislative chaplain has called Sever-son “Doc” since meeting him in 2003 and noticing that some of the Navy photos in Severson’s office at the Capitol have the name “Doc” written on them. State Representative Mark Murdock has also called Severson “Doc” many times over the past two years. But the chair of the Committee on Housing Finance and Policy and Public Health Finance, on which Severson is the ranking Republican member, cannot recall Severson ever referring to himself as “Doc” or being referred to as “Doc” by anyone else in her presence. In addition, in his three terms, the representative of Minnesota House District 14B, immediately adjacent to Severson’s District 14A, never heard Severson refer to himself as “Doc” and never heard anyone else refer to Severson as “Doc.” Severson has published recent editorials in the Minneapolis Star Tribune and the St. Cloud Times as “Dan Severson.” Severson submitted one editorial using “Doe,” but that editorial was submitted after he filed his affidavit of candidacy for Secretary of State.

I.

As a threshold matter, the parties dispute which party has the burden of proof and they dispute what standard of proof applies. This case comes to us as a ballot challenge under Minn.Stat. § 204B.44 (“Any individual may file a petition ... for the correction of ... (a) an error ... in the ... printing of the name ... of any candidate ... on any official ballot.”). We have recognized that the burden of proof in such a challenge rests with the petitioner to demonstrate the error the petitioner seeks to have corrected. See, e.g., Lundquist v. Leonard, 652 N.W.2d 33, 36 (Minn.2002); Olson v. Zuehlke, 652 N.W.2d 37, 40 (Minn.2002). While petitioner suggests that Severson should have the burden of proof, she offers no sound basis for us to depart from our precedent and we decline to do so. See State v. Losh, 755 N.W.2d 736, 747 (Minn.2008) (noting that “we can depart from our own precedent when there are compelling reasons to do so”). We therefore hold, consistent with our precedent, that petitioner bears the burden of proof in this case.

Our precedent has termed the burden of proof that a petitioner bears in a ballot challenge to be a “heavy one.” Moe v. Alsop, 288 Minn. 323, 330-31, 180 N.W.2d 255, 260 (1970). The parties dispute whether the standard of proof articulated in Moe should apply here. Severson urges *883 us to apply that standard in this case. But petitioner contends that the standard of proof should be a preponderance of the evidence. We agree with petitioner.

In Moe, the relief requested would have prevented the “placement of a candidate’s name upon an election ballot,” and we said that such an error must be “clearly established.” Id. at 330, 180 N.W.2d at 260. This rigorous standard was particularly appropriate for court challenges to eligibility of candidates for legislative office, because the Legislature ultimately decides eligibility of its members. Id. at 330 n. 11, 180 N.W.2d at 260 n. 11. In this case, by contrast, petitioner does not seek to prevent Severson from appearing on the ballot. This case is about a narrower question: that is how Severson’s name should appear.

Moreover, we have recognized that where the Legislature does not provide a standard of proof “for statutorily-created causes of action,” this silence reflects “ ‘a signal that the legislature intended the preponderance of the evidence standard’ to apply.” C.O. v. Doe, 757 N.W.2d 343

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Bluebook (online)
788 N.W.2d 879, 2010 Minn. LEXIS 552, 2010 WL 3781987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiler-v-ritchie-minn-2010.