62-CV-20-3149

STATE OF MINNESOTA

Filed in District Court
State of Minnesota
6/16/2020 9:26 AM

DISTRICT COURT

COUNTY OF RAMSEY

SECOND JUDICIAL DISTRICT
Case Type: Civil

--------------------------------------------------------------------------------------------------------------------Robert LaRose, Teresa Maples, Mary Sansom,
Gary Severson, and Minnesota Alliance for
Retired Americans,

STIPULATION AND PARTIAL
CONSENT DECREE
Court File No: 62-CV-20-3149

Plaintiffs,
v.
Steve Simon, in his official capacity as Minnesota
Secretary of State,
Defendant.

Plaintiffs Robert LaRose, Teresa Maples, Mary Sansom, Gary Severson, and Minnesota
Alliance for Retired Americans, and Defendant Steve Simon (collectively, “the Parties”)
stipulate to the following and request that this Court approve this Partial Consent Decree. This
Stipulation and Partial Consent Decree is limited only to Plaintiffs’ claims as they pertain to the
August 11, 2020 primary election (“August Primary”) and is premised upon the current public
health crisis facing Minnesota caused by the ongoing spread of the novel coronavirus.
I.
RECITALS
WHEREAS on May 13, 2020, Plaintiffs filed a complaint against Defendant challenging
the constitutionality and enforcement of Minnesota’s requirement that each mail-in ballot be
witnessed by a registered Minnesota voter, a notary, or person otherwise authorized to administer
oaths (“Witness Requirement”), Minn. Stat.

§§ 203B.07, 204B.45, and 204B.46, and its

requirement that ballots be received by 8:00 p.m. on Election Day if delivered by mail (the

 62-CV-20-3149

Filed in District Court
State of Minnesota
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“Election Day Receipt Deadline”), id. §§ 203B.08 subd. 3; 204B.45, and 204B.46, Minn. R.
8210.2200 subp. 1 and 8210.3000 (collectively, “Challenged Provisions”), in general and
specifically during the ongoing public health crisis caused by the spread of the novel
coronavirus;
WHEREAS among other relief requested, the Complaint seeks to enjoin enforcement of
the Challenged Provisions during the August Primary due, in part, to the public health crisis
caused by the spread of the novel coronavirus;
WHEREAS the coronavirus public health crisis is ongoing and Minnesota remains under
“Stay Safe” Emergency Executive Order 20-74, which contemplates a phased reopening of
Minnesota that continues to require social distancing and mandates that “[i]ndividuals engaging
in activities outside of the home follow the requirements of [the Stay Safe Order and Minnesota
Department of Health and Centers for Disease Control and Prevention (“CDC”)] Guidelines,”
Exec. Order 20-74 ¶ 6(a), and states that individuals “at risk of severe illness from COVID-19 . .
. [are] strongly urged to stay at home or in their place of residence,” id. ¶4;
WHEREAS Minnesota is anticipated to be required to maintain social distancing and
abide by CDC Guidelines until the crisis subsides;
WHEREAS current projections indicate that the coronavirus crisis will continue into the
summer and well into the August Primary election cycle;
WHEREAS federal guidelines state “[e]veryone should avoid close contact” by
“stay[ing] home as much as possible” and “put[ting] distance between yourself and other
people,”

CDC,

Coronavirus

Disease

2019:

How

to

Protect

Yourself

&

Others,

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html (last visited
May 18, 2020), and “[e]ncourage voters to use voting methods that minimize direct contact,”

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Filed in District Court
State of Minnesota
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including absentee voting, CDC, Recommendations for Election Polling Locations: Interim
guidance

to

prevent

spread

of

coronavirus

disease

2019

(COVID-19),

https://www.cdc.gov/coronavirus/2019-ncov/community/election-polling-locations.html

(last

visited May 18, 2020);
WHEREAS the absentee voting period for the August Primary election begins on June
26, 2020, 46 days prior to the date of the election, Minn. Stat. § 203B.081 subd.1; id. § 204B.35,
and absentee instructions, ballots, and envelopes, including the certificate of eligibility, must be
prepared in time to have a supply for every precinct available to cover absentee voting prior to
that date;
WHEREAS available public data regarding transmission of COVID-19 supports
Plaintiffs’ concerns for their safety if they are required to interact with others to cast their ballot
in the August Primary, and whereas anticipated increases in absentee balloting, coupled with
corresponding shortages of elections personnel and mail delays, appear likely to impact the
August Primary and threaten to slow down the process of mailing and returning absentee ballots;
WHEREAS, on April 28, 2020, the Wisconsin Department of Health Services reported
that 52 people who voted in person or worked the polls for Wisconsin’s April 7, 2020 primary
election have tested positive for COVID-19 thus far;
WHEREAS courts in other states have enjoined those states from enforcing witness
requirements, similar to Minnesota’s witness requirement, for primary elections this spring. See
Thomas v. Andino, -- F. Supp. 3d. --, 2020 WL 2617329 (D.S.C. May 25, 2020); League of
Women Voters of Virginia v. Virginia State Board of Elections, -- F. Supp. 3d --, 2020 WL
2158249 (W.D. Va. May 5, 2020);

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Filed in District Court
State of Minnesota
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WHEREAS, for the April 7, 2020 primary election in Wisconsin, the U.S. Supreme
Court affirmed the implementation of a postmark rule, whereby ballots postmarked by Election
Day could be counted as long as they were received within six days of Election Day. Republican
Nat’l Comm. v. Democratic Nat’l Comm., 140 S. Ct. 1205, 1207 (2020);
WHEREAS the Parties agree that an expeditious resolution of this matter for the August
Primary, in the manner contemplated by the terms of this Stipulation and Partial Consent Decree,
will limit confusion and increase certainty surrounding the August Primary, including in the nine
days remaining before the June 26, 2020 deadline for absentee ballot preparation, and is in the
best interests of the health, safety, and constitutional rights of the citizens of Minnesota, and,
therefore, in the public interest;
WHEREAS the Parties wish to avoid the burden and expense of litigation over an
expedited preliminary injunction for the August Primary in agreeing to these terms, the Parties,
acting by and through their counsel, have engaged in arms’ length negotiations, and both Parties
are represented by counsel knowledgeable in this area of the law;
WHEREAS it is the finding of this Court, made on the pleadings and upon agreement of
the Parties, that: (i) the requirements of the Minnesota Constitution, Art. I, §§ 2, 7, and Art. VII,
§ 1, and U.S. Constitution, Amend. I and XIV, will be carried out by the implementation of this
Partial Consent Decree, (ii) the terms of this Partial Consent Decree constitute a fair and
equitable settlement of the issues raised with respect to the August Primary, (iii) this Partial
Consent Decree is intended to and does resolve Plaintiffs’ claims with respect to the August
Primary; and (iv) this Partial Consent Decree is not intended to and does not resolve Plaintiffs’
claims generally or specifically with respect to the general election scheduled for November 3,
2020 or any election thereafter;

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Filed in District Court
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NOW, THEREFORE, upon consent of the Parties, in consideration of the mutual
promises and recitals contained in this Stipulation and Partial Consent Decree, including
relinquishment of certain legal rights, the Parties agree as follows:
II.
JURISDICTION
This Court has jurisdiction over the subject matter of this action pursuant to Minn.
Const. Art. VI, § 3 and Minn. Stat. § 484.01 and has jurisdiction over the Parties herein. The
Court shall retain jurisdiction of this Stipulation and Consent Decree for the duration of the term
of this Partial Consent Decree for purposes of entering all orders, judgments, and decrees that
may be necessary to implement and enforce compliance with the terms provided herein.
III.
PARTIES
This Stipulation and Partial Consent Decree applies to and is binding upon the following
parties:
A.

The State of Minnesota by Steve Simon, Secretary of State of Minnesota; and

B.

All Plaintiffs.
IV.
SCOPE OF CONSENT DECREE

A.

This Stipulation and Partial Consent Decree constitutes a partial settlement and

resolution of Plaintiffs’ claims against Defendant pending in this Lawsuit. Plaintiffs recognize
that by signing this Stipulation and Partial Consent Decree, they are releasing any claims under
the Minnesota or U.S. Constitutions that they might have against Defendant with respect to the
Witness Requirement and Election Day Receipt Deadline in the August Primary. Plaintiffs’
release of claims will become final upon the effective date of this Stipulation and Partial Consent
Decree.

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B.

Filed in District Court
State of Minnesota
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The Parties to this Stipulation and Partial Consent Decree acknowledge that this

does not resolve or purport to resolve any claims pertaining to the constitutionality or
enforcement of the Witness Requirement and Election Day Receipt Deadline during the
November 3, 2020 general election or any election thereafter. Neither Party releases any claims
or defenses with respect to the Witness Requirement and Election Day Receipt Deadline related
to the November 3, 2020 general election or any election thereafter.
C.

The Parties to this Stipulation and Partial Consent Decree further acknowledge

that by signing this Stipulation and Partial Consent Decree, the Parties do not release or waive
the following: (i) any rights, claims, or defenses that are based on any events that occur after they
sign this Stipulation and Partial Consent Decree, (ii) any claims or defenses that are unrelated to
the allegations filed by Plaintiffs in this Lawsuit, and (iii) any right to institute legal action for
the purpose of enforcing this Stipulation and Partial Consent Decree or defenses thereto.
D.

By entering this Stipulation and Partial Consent Decree, Plaintiffs are partially

settling a disputed matter between themselves and Defendant. The Parties are entering this
Stipulation and Partial Consent Decree for the purpose of resolving a disputed claim, avoiding
the burdens and costs associated with the costs of a preliminary injunction motion and hearing,
and ensuring both safety and certainty in advance of the August Primary. Nothing in this
Stipulation and Partial Consent Decree constitutes an admission by any party of liability or
wrongdoing. The Parties acknowledge that a court may seek to consider this Stipulation and
Partial Consent Decree, including the violations alleged in Plaintiffs’ Complaint, in a future
proceeding distinct from this Lawsuit.
V.
CONSENT DECREE OBJECTIVES

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 62-CV-20-3149

Filed in District Court
State of Minnesota
6/16/2020 9:26 AM

In addition to partially settling the claims of the Parties, the objective of this Stipulation
and Partial Consent Decree is to ensure that Minnesota voters can safely and constitutionally
exercise the franchise in the August Primary.
VI.
INJUNCTIVE RELIEF
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED FOR THE REASONS
STATED ABOVE THAT:
A.

For the August Primary Defendant shall not enforce the Witness Requirement,

with respect to voting only, as set out in Minn. Stat. § 203B.07, subd. 3 (1) and (2), that each
absentee ballot and designated mail ballot, Minn. Stat. § 204B.45 - .46, and Minn. R. 8210.3000,
for voters previously registered in Minnesota be witnessed by a registered Minnesota voter, a
notary, or person otherwise authorized to administer oaths.
B.

For the August Primary Defendant shall not enforce the Election Day Receipt

Deadline for mail-in ballots, as set out in Minn. Stat. §§ 203B.08 subd. 3, 204B.45, and 204B.46
and Minn. R. 8210.2200 subp. 1, and 8210.3000, that ballots be received by 8:00 p.m. on
Election Day if delivered by mail. Instead, the deadline set forth in paragraph VI.D below shall
govern.
C.

Defendant shall issue guidance instructing all relevant local election officials to

count all absentee and designated mail ballots in the August Primary that are otherwise validly
cast by voters registered in Minnesota prior to casting their absentee and designated mail ballot
but missing a witness signature.
D.

Defendant shall issue guidance instructing all relevant local election officials to

count all mail-in ballots in the August Primary that are otherwise validly cast and postmarked on
or before Election Day but received by close of business at least one day prior to the beginning

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of the county canvass (i.e., within 2 days of Election Day for the August Primary). For the
purposes of this Stipulation and Partial Consent Decree, postmark shall refer to any type of
imprint applied by the United States Postal Service to indicate the location and date the Postal
Service accepts custody of a piece of mail, including bar codes, circular stamps, or other tracking
marks. Where a ballot does not bear a postmark date, the election official reviewing the ballot
should presume that it was mailed on or before Election Day unless the preponderance of the
evidence demonstrates it was mailed after Election Day.
E.

Defendant shall issue instructions to include with all absentee ballots and

designated mail ballots⸺or issue guidance instructing all relevant local election officials to
modify, amend, or print the instructions accompanying each absentee ballot and designated mail
ballot⸺to inform voters that any absentee ballot or designated mail ballot cast by a previously
registered voter in the August Primary without a witness signature will not be rejected on that
basis and that the witness signature line and associated language for witnesses to certify a
previously registered voter’s ballot, Minn. Stat. §§ 203B.07, subd. 3 (1) and (2), 204B.45, and
204B.46, and Minn. R. 8210.2200, subp.1 and Minn. R. 8210.3000 and be removed from the
certification of eligibility altogether for absentee ballot and designated mail ballot materials sent
to previously registered voters.
F.

Defendant shall issue instructions to include with all absentee and designated mail

ballots⸺or issue guidance instructing all relevant local election officials to modify, amend, or
print instructions accompanying each absentee and designated mail ballot⸺to inform voters that
any absentee or designated mail ballot cast in the August Primary and postmarked on or before
Election Day and received within 2 days will be counted.

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G.

Filed in District Court
State of Minnesota
6/16/2020 9:26 AM

Defendant shall take additional reasonable steps to inform the public that the

Witness Requirement for voting will not be enforced for the August Primary and issue guidance
instructing all relevant city and county election officials to do the same.
H.

Defendant shall take additional reasonable steps to inform the public that the

Election Day Receipt Deadline will not be enforced for the August Primary and that any
absentee or designated mail ballot cast in the August Primary and postmarked on or before
Election Day and received within 2 days by close of business will be counted.
I.

Plaintiffs will not file a motion for preliminary injunction for the August Primary

election.
J.

In accordance with the terms of this Stipulation and Partial Consent Decree, the

Parties shall each bear their own fees, expenses, and costs incurred as of the date of this Order
with respect to Plaintiffs’ claims raised as to the August Primary against Defendant.
VII.
ENFORCEMENT AND RESERVATION OF REMEDIES
The Parties to this Stipulation and Partial Consent Decree may request relief from this
Court if issues arise concerning the interpretation of this Stipulation and Partial Consent Decree
that cannot be resolved through the process described below. This Court specifically retains
continuing jurisdiction over the subject matter hereof and the Parties hereto for the purposes of
interpreting, enforcing, or modifying the terms of this Stipulation and Partial Consent Decree, or
for granting any other relief not inconsistent with the terms of this Partial Consent Decree, until
this Partial Consent Decree is terminated. The Parties may apply to this Court for any orders or
other relief necessary to construe or effectuate this Stipulation and Partial Consent Decree or
seek informal conferences for direction as may be appropriate. The Parties shall attempt to meet
and confer regarding any dispute prior to seeking relief from the Court.

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Filed in District Court
State of Minnesota
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If either Party believes that the other has not complied with the requirements of this
Stipulation and Partial Consent Decree, it shall notify the other Party of its noncompliance by
emailing the Party’s counsel. Notice shall be given at least one business day prior to initiating
any action or filing any motion with the Court.
The Parties specifically reserve their right to seek recovery of their litigation costs and
expenses arising from any violation of this Stipulation and Partial Consent Decree that requires
either Party to file a motion with this Court for enforcement of this Stipulation and Partial
Consent Decree.
VIII.
GENERAL TERMS
A.

Voluntary Agreement. The Parties acknowledge that no person has exerted

undue pressure on them to sign this Stipulation and Partial Consent Decree. Each Party is
voluntarily choosing to enter into this Stipulation and Partial Consent Decree because of the
benefits that are provided under the agreement. The Parties acknowledge that they have read and
understand the terms of this Stipulation and Partial Consent Decree; they have been represented
by legal counsel or had the opportunity to obtain legal counsel; and they are voluntarily entering
into this Stipulation and Partial Consent Decree to resolve the dispute among them.
B.

Severability. The provisions of this Stipulation and Partial Consent Decree shall

be severable, and should any provisions be declared by a court of competent jurisdiction to be
unenforceable, the remaining provisions of this Stipulation and Partial Consent Decree shall
remain in full force and effect.
C.

Agreement. This Stipulation and Partial Consent Decree is binding. The Parties

acknowledge that they have been advised that (i) the other Party has no duty to protect their
interest or provide them with information about their legal rights, (ii) signing this Stipulation and

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 62-CV-20-3149

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Partial Consent Decree may adversely affect their legal rights, and (iii) they should consult an
attorney before signing this Stipulation and Partial Consent Decree if they are uncertain of their
rights.
D.

Entire Agreement. This Stipulation and Consent Decree constitutes the entire

agreement between the Parties relating to the constitutionality and enforcement of the Witness
Requirement and Election Day Receipt Deadline as they pertain to the August Primary. No Party
has relied upon any statements, promises, or representations that are not stated in this document.
No changes to this Stipulation and Partial Consent Decree are valid unless they are in writing,
identified as an amendment to this Stipulation and Partial Consent Decree, and signed by all
Parties. There are no inducements or representations leading to the execution of this Stipulation
and Partial Consent Decree except as herein explicitly contained.
E.

Warranty. The persons signing this Stipulation and Partial Consent Decree

warrant that they have full authority to enter this Stipulation and Partial Consent Decree on
behalf of the Party each represents, and that this Stipulation and Partial Consent Decree is valid
and enforceable as to that Party.
F.

Counterparts. This Stipulation and Partial Consent Decree may be executed in

multiple counterparts, which shall be construed together as if one instrument. Any Party shall be
entitled to rely on an electronic or facsimile copy of a signature as if it were an original.
G.

Effective Date. This Stipulation and Partial Consent Decree is effective upon the

date it is entered by the Court. Defendant agrees to continue to initiate and implement all
activities necessary to comply with the provisions of this Stipulation and Partial Consent Decree
pending entry by the Court.
IX.
TERMINATION

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 62-CV-20-3149

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This Stipulation and Partial Consent Decree shall remain in effect through the
certification of ballots for the August Primary. The Court shall retain jurisdiction to enforce the
terms of the Partial Consent Decree for the duration of this Partial Consent Decree. This Court’s
jurisdiction over this Stipulation and Partial Consent Decree shall automatically terminate after
the certification of all ballots for the August Primary.

THE PARTIES ENTER INTO AND APPROVE THIS STIPULATION AND PARTIAL
CONSENT DECREE AND SUBMIT IT TO THE COURT SO THAT IT MAY BE
APPROVED AND ENTERED. THE PARTIES HAVE CAUSED THIS STIPULATION
AND CONSENT DECREE TO BE SIGNED ON THE DATES OPPOSITE THEIR
SIGNATURES.

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 62-CV-20-3149

Dated: June 16, 2020______________

SECRETARY OF STATE OF MINNESOTA
By: _________________________________
Steve Simon
Secretary of State

GREENE ESPEL PLLP

Dated: ____June 16, 2020______

By: /s/Sybil L. Dunlop
Sybil L. Dunlop (Reg. No. 390186)
Samuel J. Clark (Reg. No. 388955)
222 South Ninth Street, Suite 2200
Minneapolis, MN 55402
Phone: (612) 373-0830
Fax: (612) 373-0929
Email: SDunlop@GreeneEspel.com
Email: SClark@GreeneEspel.com
PERKINS COIE LLP
Marc E. Elias*
Amanda R. Callais*
700 13th St. N.W., Suite 600
Washington, D.C. 20005-3960
Phone: (202) 654-6200
Fax: (202) 654-9106
Email: MElias@perkinscoie.com
Email: ACallais@perkinscoie.com
Abha Khanna*
1201 Third Avenue Suite 4900
Seattle, WA 98101-3099
Phone: (206) 359-8312
Fax: (206) 359-9312
Email: AKhanna@perkinscoie.com
Charles G. Curtis, Jr.*
33 East Main Street, Suite 201
Madison, Wisconsin 53703-3095
Phone: (608) 663-7460
Fax: (608) 663-7499
Email: CCurtis@perkinscoie.com
*Motions for admission pro hac vice pending
Attorneys for Plaintiffs
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Filed in District Court
State of Minnesota
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 62-CV-20-3149

Filed in District Court
State of Minnesota
6/16/2020 9:26 AM

IT IS SO DECREED AND ORDERED. JUDGMENT SHALL BE ENTERED IN
ACCORDANCE WITH THE FOREGOING CONSENT DECREE.
June 17, 2020
Dated: _____________________

______________________________
The Honorable Judge Sara Grewing
Judge of District Court

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