Representatives Steve Drazkowski, Tim Miller, and Jeremy Munson made the following statement:
“Today, we are joining elected legislators and candidates in filing a lawsuit against Secretary of State Steve Simon. Throughout 2020, Secretary Simon illegally altered Minnesota’s election laws. His office issued unlawful consent decrees that greatly affected the rules that govern absentee ballots and who can assist people at the polls. To circumvent the Minnesota Legislature and unilaterally change election law is entirely unconstitutional. This abuse of power must be addressed.
The Equal Protection Clause of the Fourteenth Amendment guarantees that every vote must be treated equally. The Supreme Court affirmed this in their decision of Bush v. Gore . Secretary Simon’s haphazard rule changes resulted in absentee votes being treated differently from county to county. As such, we are requesting that the certification of this election be suspended until these issues can be addressed in a lawful manner.
Secretary Simon’s manipulation of state law caused election rules to vary every month. This created great confusion and inconsistency for many voters. Moreover, Simon issued his unlawful consent decrees in consultation with Democratic, nonprofit organizations. Contrary to Steve Simon’s beliefs, only the Minnesota Legislature has the power to change election law. The Secretary’s refusal to adhere to constitutional principles is an affront to free and fair elections. We intend to fix this mess.”