Complaint for Injunctive Relief 2-28-12

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UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA

Minnesota Voters Alliance, Minnesota Freedom Council, Sondra Erickson,Montgomery Jensen, Ron Kaus, Jodi Lyn Nelson,

Sharon Stene, as the guardian and friend for James Stene,

Plaintiffs,

vs.

Mark Ritchie, individually and in his official capacity as Secretary of State for the State of

Minnesota, and his successors; Lori Swanson, individually and in her official capacity as the

Minnesota Attorney General, and her successors; Joe Mansky, individually and in his officialcapacity as the Elections Manager for Ramsey County, Minnesota, and his successors; John

J. Choi, individually and in his official capacity as the County Attorney for Ramsey County,

Minnesota, and his successors; Laureen E. Borden, individually and in her official capacity as

the Auditor-Treasurer for Crow Wing County, Minnesota, and her successors; and Donald

F. Ryan, individually and in his official capacity as County Attorney for Crow Wing,

Minnesota,

Defendants.

COMPLAINT FOR INJUNCTIVE RELIEF

and

DEMAND FOR JURY TRIAL

The above-named Plaintiffs for their Complaint allege as follows:

INTRODUCTION

1. This Complaint is based on voter's associational and voting rights. Voters have the right to

associate with other voters and candidates for the advancement of political beliefs. Qualified



voters, regardless of their political persuasion, also have the right to cast their votes

effectively.

2. The Defendants, on the election days in November 2008 and 2010, waived the

qualifications found under Article VII, section 1 of the Minnesota Constitution for

election day registrants by not confirming that each person is entitled to vote. The

State directs the counties to confirm the entitlement of each election day registrant

after the election. In 2008 and 2010, thousands of persons were unconfirmed as

entitled to vote but their votes were counted on those election days. Thus, persons

entitled to vote had their ballots counted with persons not entitled to vote violating

Minn. Const. art. VII, § 1 and the constitutional protections of due process, equal

protection, and association (including all unenumerated rights). State laws are also

implicated as constitutionally infirm. The Defendants will waive the requirements of

Article VII, § 1 again on election day in November 2012. The implications are

profound.

3. The Defendants cannot arbitrarilywaive the entitlement requirements of ArticleVII,

§ 1with impunity on electionday.Thus, the Plaintiffs seek injunctive relief requiring

the State and counties to confirm the entitlement to vote of each election day

registrant before permitting their ballot to count in the November 2012 election, and

any election thereafter. Under the present system,with election day results counting

non-entitled persons' ballots with and mixed with entitled voters' ballots, the State

cannot ensure that the winner of each election is the choice of the majorityor even a

strong pluralityof entitledvoters.

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JURISDICTION

4. The jurisdiction of this Court is found under 28 US.c. §§ 1331 (federal question)

1343, (1)-(4), the First Amendment, the Fifth Amendment, the Ninth Amendment,

and the Fourteenth Amendment of the United States Constitution.

5. This Court is authorized to grant declaratory and injunctive relief under 28 U.S.c. §

2201 and 2202, Federal Rules of Civil Procedure 57 and 65, and has general legal and

equitable powers.

6. Venue is proper in this Court under 28 U.S.c. § 1391. Plaintiffs further invoke the

pendent jurisdiction of this Court to consider claims arising under state law.

PARTIES

A. Plaintiffs

7. Plaintiff Sondra Erickson is presently an elected official with the Minnesota State

House of Representatives. In 2008, she ran for an elected office for a seat in the State

House of Representatives. She lost during that presidential election year by 89 votes

in a re-count. In the 2010 election she won her seat in the State House of

Representatives. Erickson is a registered and eligible voter within her district and

intends to be a candidate in the 2012 general election.

8. Plaintiff Montgomery Jensen is a United States citizen and resident of Crow Wing

County Minnesota. He is a registered voter and is a person eligible and has been

permitted to vote under the provisions of the Minnesota Constitution. He voted in

the 2008 and 2010 elections. He intends to run for an elected office as a candidate in

the 2012 general elections.

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9. Plaintiff Sharon Stene is a United States citizen, residing in Merrifield, Minnesota, and

the legal guardian of her son James Stene. James Stene was a resident of Clark Lake

Homes in Brainerd, Minnesota. Although James Stene has not had his right to vote

withheld from him by court order, because he is incapacitated, Sharon Stene seriously

suspects James Stene cannot make a personal decision knowing the nature or effect

of his vote in choosing a candidate for office.

10. Plaintiff Minnesota Voters Alliance is an association of members concerned with

issues relating to election processes and election integrity issues. It was a named

Plaintiff, for instance, in challenging the Instant Runoff Voting regulations governing

Minneapolis's City election process before the State Supreme Court and continues as

a challenger to that type of voting system. The Association has further voiced

concerns to local, county, state, and other officials, both appointed, employed, or

elected, about issues related to the election process inclusive of protecting the right to---- ---~~-----~~--------

vote. The Association is also concerned about the protections to the right to vote for

all people. Members include Minnesota voters who voted in Minnesota elections in

2008 or 2010 or both. Members also include those who voted for Coleman for U.S.

Senate in 2008 and for Thomas Emmer for Minnesota Governor in 2010. The

Minnesota Voters Alliance also encourages passage of legislation related to the

election process.

11. Plaintiff Minnesota Freedom Council is an association of members concerned with

issues relating to election processes and election integrity issues. The Association has

voiced its concern with local, county, state, and other elected, appointed, or employed

4



officials regarding issues related to the election process inclusive of protecting the

right to vote, and encouraging the investigation of complaints relating to lawlessness

within the election or registration process and prosecution of wrong-doers if found.

The Council also encourages the passage of legislation related to election processes.

12. Plaintiff Ron Kaus is a United States citizen and was a resident of Crow Wing

County Minnesota prior to 2012. He is a registered voter and is a person eligible and

has been permitted to vote under the provisions of the Minnesota Constitution. He is

presently a resident of Duluth, Minnesota.

13. Plaintiff Jodi Lyn Nelson is a resident of Maplewood, Minnesota. In 2001 she ran for

a school board elected office and lost by one vote. She is a registered voter, eligible to

vote and intends to run for elected office in the November 2012 general elections.

B. Defendants.

14. Defendant Joe Mansky is the Elections Manager for Ramsey County, Minnesota.

Mansky is individually and through his office responsible for the conduct of elections

in Ramsey County such as the enforcement of constitutional prohibitions on persons

not entitled to or permitted to vote. Likewise, he is responsible for protecting the

constitutional rights of people entitled to or permitted to vote

15. Defendant John J. Choi is the Ramsey County Attorney. He is individually and

through his office responsible for protecting constitutional rights of the people,

including the right of people entitled to and permitted to vote.

16. Defendant Laureen E. Borden is the Auditor-Treasurer for Crow Wing County,

Minnesota. Borden is responsible for the election administration in the County.

5



Borden is responsible for the conduct of elections in Crow Wing County such as the

enforcement of constitutional prohibitions on persons not entitled to or permitted to

vote. Likewise, she is responsible for the constitutional enforcement and protection

of the fundamental right to vote of people who are entitled and permitted to vote.

17. Defendant Donald F. Ryan is the Crow Wing County Attorney. He is individually

and through his office responsible for protecting constitutional rights of the people,

including the right of people entitled to and permitted to vote.

18. Defendant Mark Ritchie is the Minnesota Secretary of State. The Secretary of State is

a constitutional official. As Secretary of State, Ritchie is the statewide election officer

responsible for the policies relating to the conduct of elections within the State.

Ritchie is responsible for the protecting the fundamental right of people entitled to

and permitted to vote. He also directly communicates with County Election

Managers, or their equivalent officials, on election matters inclusive of the conduct

within polling places as it relates to election judges or other poll workers. The

Secretary of State is the source of authority for the counties regarding when to

confirm election registrants and a registrant's entitlement to vote.

19. Defendant Lori Swanson is the Minnesota Attorney General. The Attorney General

is a constitutional official. Swanson is responsible for the protecting constitutional

rights of the people, including the right of people entitled to and permitted to vote.

6



C. The Minnesota Constitution defines who is not eligible to vote.

20.Article VII, § 1 of the Minnesota Constitution states:

Every person 18 years of age or more who has been a citizen of the United

States for three months and who has resided in the precinct for 30 days nextpreceding an election shall be entitled to vote in that precinct. The place of

voting by one otherwise qualified who has changed his residence within 30

days preceding the election shall be prescribed by law. The following persons

shall not be entitled or permitted to vote at any election in this state: A person

not meeting the above requirements; a person who has been convicted of

treason or felony, unless restored to civil rights; a person under guardianship,

or a person who is insane or not mentally competent.

21. Under the Minnesota Constitution and U.S. Constitution, the right to vote is a

fundamental right; a vote involves casting a ballot and having it counted.

22. Minnesota Constitution Article VII, § 1 describes who is entitled or permitted to

vote. For instance, a person convicted of a felony, and who has not regained his right

to vote, is not entitled or permitted to vote at any election in Minnesota. According

to Article VII, § 1, a person under guardianship or is not mentally competent is not

entitled to vote. A person otherwise qualified who has resided in a particular precinct

for 30 days preceding an election is entitled to vote in that precinct at any election in

Minnesota.

23. Minnesota laws governing procedures pertaining to guardianships are found under

Minn. Stat. §§ 524.5-301, et. seq.

24. Minnesota laws governing a person's eligibility to vote are found under Minn. ch.

201.

25. Minnesota laws governing absentee ballots are found under Minn. Stat. §§ 203B.001,

et seq.

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D. Elections in Minnesota have resulted in close contests.

26. Minnesota has a history of close elections. In the 1916 election, the Minnesota

popular vote in a presidential race had Charles Evans Hughes defeating Woodrow

Wilson by 392 votes. In 1962, K.arl F. Rovaag defeated Elmer L. Anderson for

Governor of Minnesota by 91 votes.

27. Minnesota State Senate by 25 votes. The State reported 7,940 EDRs in that race, all

of which were unconfirmed on election day when their ballots were counted. For

each of the 25 votes counted as the margin of victory there were 318 unconfirmed

EDRs.

28. In the 2001 election, Mark Wheeler defeated Jodi Pulkrabek-Nelson (plaintiff Jodi

Lyn Nelson) for a school board seat in School District No. 622 by 1 vote. Although

no public information is available regarding the number of EDRs in School District

No. 622, upon information and belief, to the extent EDRs existed, each ballot cast

was counted as a vote on that election day. Upon information and belief, to the

extent EDRs existed, they were not confirmed on election day as persons entitled to

vote.

29. In the 2002 election, Dan Sparks defeated Grace Stabell Schwab by 7 votes for a seat

in the Minnesota State Senate. The State reported 3,682 EDRs in that race, all of

which were unconfirmed on election day when their ballots were counted. For each

of the 7 votes counted as the margin of victory there were 526 unconfirmed EDRs.

30. In the 2008 election, Al Franken defeated Norm Coleman for a seat in the U.S.

Senate by 312 votes. The State reported 542,257 EDRs all of which were

8



unconfirmed on election day when their ballots were counted. For each of the 312

votes counted as the margin of victory there were 1,738 unconfirmed EDRs. After

the election, the State and counties attempted to confirm all reported EDRs. Public

records reveal that as a result of the post-election confirmation process, the State and

counties were unable to confirm 48,545 EDRs or 155 EDRs for each of the 312

votes counted as the margin of victory.

31. In the 2008 election, Gail Kulick Jackson defeated the Plaintiff Sondra Erickson for a

seat in the State House of Representatives by 89 votes. The State reported 4,044

EDRs in that race, all of which were unconfirmed on election day when their ballots

were counted. For each of the 89 votes counted as the margin of victory, there were

45 unconfirmed EDRs. After the election, the State and counties attempted to

confirm all reported EDRs. Public records reveal that as a result of the post-election

confirmation process, the State and counties were unable to confirm 242 EDRs or

approximately 2.7 EDRs for each of the 89 votes counted as the margin of victory.

32. In the 2010 election, King Banaian defeated Carol Lewis for a seat in the State House

of Representatives by 13 votes. The State reported 2,447 EDRs in that race, all of

which were unconfirmed on election day when their ballots were counted. For each

of the 13 votes counted as the margin of victory, there were 188 unconfirmed EDRs.

After the election, the State and counties attempted to confirm all reported EDRs.

Public records reveal that as a result of the post-election confirmation process, the

State and counties were unable to confirm 35 EDRs or 2.7 EDRs for each of the 13

votes counted as the margin of victory.

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33. In the 2010 election, Kelby Woodard defeated David Bly for a seat in the State

House of Representatives by 37 votes. The State reported 2,773 EDRs in that race, all

of which were unconfirmed on election day when their ballots were counted. For

each of the 37 votes counted as the margin of victory there were 75 unconfirmed

EDRs. After the election, the State and the counties attempted to confirm all

reported EDRs and was not able to do so. Public records reveal that as a result of the

post-election confirmation process, the State and counties were unable to confirm 76

EDRs or 2.0 EDRs for each of the 37 votes counted as the margin of victory.

34. Since 2000 other elections have had results similar to those described above in which

the number of EDRs per winning vote ranged from 21 to 542. There will be future

statewide, county, and local close election contests. There is a presidential and general

election contest scheduled for November 2012.

E. In both the 2008 and the 2010 election, thousands of persons registered to

votc·offelcction··day;···afid···thoiisafids··of·votcts·wctc··iincofifitmableaftet···thc

election.

The November 2008 presidential election contest.

35. In the November 2008 election contest, a presidential election, there were a total of

2,921,498 votes counted statewide. In Minnesota, there were 542,257 election day

registrants statewide who cast ballots and had their votes counted on that same

election day.

36. The State or counties did not confirm on election day whether any of the 542,257

EDRs were entitled to vote as expressed under Minn. Const. art. VII, § 1.

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37. Public records reveal that after the November 2008 election there were 48,545EDRs

found to be unconfirmable; neverthelesseach had their vote counted for that election

contest. Each EDR who was found to be unconfirmable as entitled to vote after the

election,upon information and belief,was also not entitled to vote on the preceding

electionday for that November 2008 contest.

38.After the election day in November 2008, there were a potential total of 48,545

voters that the state or counties could not confirm were entitled to vote on that

election day but, nevertheless, were permitted to have their votes counted in that

November 2008 election.

The November 2010 non-presidential election contest

39. In the November 2010 election contest, a non-presidential election, there were

1,996,074 votes counted statewide. In Minnesota, there were 227,857 election day

registrants statewide who cast ballots and had their votes counted on that same

electionday.

40.The State and the counties did not confirm on election day whether any of the

227,857EDRs were entitled to vote as expressed under Minn. Const. art. VII, § 1.

41. Public records reveal that after the November 2010 election there were 7,691 EDRs

found to be unconfirmable, They nevertheless had their votes counted for that

election contest. Each EDR who was found to be unconfirmed as entitled to vote

after the election, upon information and belief, was not entitled to vote on the

preceding electionday for that November 2010 contest.

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42. In the November 2010 election contest in Crow Wing County, there were 27,658

votes counted. Public records reveal that on that election day there were 2,580 EDRs

who had their votes counted. After the election, it was found that 72 EDRs were

unconfirmable. Each EDR who was found to be unconfirmed as entitled to vote

after the election, upon information and belief, was not entitled to vote on the

preceding election day for that November 2010 contest.

43. In the November 2010 election contest in Ramsey County, there were 192,955 votes

counted. Public records reveal that on that election day there were 25,135 EDRS who

had their votes counted. After the election it was found that 1,133 EDRs were

unconfirmable. At least 268 persons who voted in Ramsey County were challenged

after the election. Each EDR who was found unconfirmed as entitled to vote after

the election, upon information and belief, was not entitled to vote on the preceding

election day for that November 2010 contest.

F. CrowWing County and Ramsey County allowed ineligible persons to cast

ballots and counted those ballots as votes.

44. In November 2010, Minnesota had an election for local, state, and federal candidates.

45. Crow Wing County knew or should have known that wards, or persons under

guardianship, resided within the boundaries of the County. Court orders relating to

guardianships are public records.

46. The court order appointing a guardian for Crieg Joseph Ruesken, making Ruesken a

ward, states that he is incapable of exercising the right and power to vote. The order

is attached as Exhibit A.

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47. Crieg Joseph Ruesken was a resident of Clark Lake Homes. On October 29, 2010,

Clark Lake Homes personnel or others associated with Clark Lake assisted Crieg

Joseph Rusken in bringing him to the Auditor's Office before Crow Wing County

officials. He registered to vote. His registration form is attached as Exhibit B.

48. Despite the court order that suspended Crieg Joseph Ruesken's right to vote, Crow

Wing County officials nevertheless allowed him to cast a ballot and then counted his

ballot as a vote in the Minnesota November 2010 election.

49.James Alan Stene is a ward, a person under guardianship. The governing court order

is attached as Exhibit C. James Alan Stene was a resident of Clark Lake Homes.

50. Crow Wing County knew or should have known Stene is a ward and a person under a

guardianship order. James Stene's guardian is Plaintiff Sharon Stene.

51. On October 29, 2010, Clark Lake Homes personnel or others associated with Clark

Lake assisted and brought Stene to the Auditor's Office of the Crow Wing County

courthouse where he, with the assistance of others, registered to vote. Stene's parents

(AI Stene, alive during these events has since died.), as his guardians, were not aware

that someone had brought their son to a facility to register James Stene to vote. His

registration is attached as Exhibit D.

52. Crow Wing County officials allowed James Alan Stene to register to vote on October

29, 2010. Stene had not registered to vote before that day. Crow Wing County

officials allowed Stene to cast a ballot and later counted his ballot as a vote in the

Minnesota November 2010 election.

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53. Stene's parents were concerned about his cognitive ability to competently cast a ballot

despite James Stene's guardianship order that maintained his right to vote. They had

believed James did not know the nature or the effect of voting. See

http://www.foxnews.com/politics 12011/04/05 1family-mentally-handicapped-man-

says-victim-voter-fraud/. Furthermore, as guardians, they did not know of the Clark

Homes assistance to bring James to the Auditor's Office, they did not have a chance

to challenge his vote.

54. Clark Lake Homes knew or should have known that certain residents in its facility are

under court-ordered guardianship. Clark Lake Homes, its agents or representatives,

did not inform the guardians that the wards would be registered to vote and that

Clark Lake Homes agents or representatives would have the wards cast ballots.

55. There are other persons under guardianship similarly situated who registered to vote

and had their votes counted.

56. The County Attorney knew that Crow Wing County officials are not allowed to

register persons under guardianship who have lost their right to vote under a court

order. Thus, the County Attorney has failed or refuses to stop County officials or

others from registering and allowing persons under guardianship orders restricting

their right to vote from voting in Minnesota elections. Upon information and belief,

wards with suspended rights to vote remain on the State's active voter rolls.

57. The Secretary of State is responsible for statewide election policies and the

implementation of governing state election laws. As a result, the Secretary has

instructed City Clerks and Township Clerks, and others with similar responsibilities,

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http://www.foxnews.com/politics

http://www.foxnews.com/politics



through election guides, to have voter registration applications, known as VRAs,

completed on election day to be forwarded to their respective county auditor within

48 hours after the end of voting.

58.. The Secretary of State requires the County Auditor or other County official,

similarly authorized, to verify the VRAs after the election to confirm if the person is

entitled to vote.

59. The Secretary of State knew or should have known that Crow Wing County officials

allowed persons, under guardianship with restrictions, to register and to have their

votes counted in November 2010.

60. The Secretary of State knew the Minnesota Constitution states that a person under

guardianship is not entitled or permitted to vote.

61. James V. Bond was a convicted felon. On election day in November 2008, he had

not regained his eligibility to vote. Exhibit E is the public record reflecting his status

as a felon.

62. Bond was a felon on election day in November 2008. Ramsey County officials

allowed Bond to register to vote. Exhibit F is his registration form.

63. Bond cast a ballot on election day in November 2008. Ramsey County officials

counted his ballot. Bond voted in November 2008 and Ramsey County knew that

Bond was a felon that election day. Exhibit G is a page of the voter registration roster

indicating he received a ballot.

64. Marcellette C. Payne was a convicted felon. On election day in November 2008, she

had not regained her eligibility to vote. Exhibit H shows the public record reflecting

15



her status as a felon. Ramsey County officials allowed Payne to register to vote.

Exhibit I shows her registration form.

65. Payne cast a ballot on election day in November 2008. Ramsey County officials

counted her ballot. Exhibit J is a page of the voter registration roster indicating she

received a ballot.

66. There are other felons who were allowed to register and had their votes counted.

67. Upon information and belief, the Ramsey County Attorney knew the Minnesota

Constitution states that a person who is a felon, and whose voting rights have not

been restored, is not entitled or permitted to vote. After the 2008 election, the

County Attorney knew that Ramsey County officials allowed felons to vote. Yet, the

County Attorney fails or refuses to stop Ramsey County officials or others from

allowing persons who are felons to register and to vote in Minnesota elections.

68. The Secretary of State knew the Minnesota Constitution states that a person who is a

felon, and who has not had their right to vote restored, is not entitled or permitted to

vote. Upon information and belief, the Secretary of State knew that Ramsey County

officials allowed persons who were felons to register to vote, cast ballots, and

subsequently counted those ballots as votes in Minnesota elections.

Count I

Violation of the right of association under the First Amendment of the U.S.Constitution and rights of equal protection under the Fourteenth Amendment of

the U.S. Constitution

69. The Plaintiffs adopt and incorporate by reference paragraphs 1 through 68 as if fully

stated.

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70. Under the U.S. Constitution, the First Amendment protects the right to vote and the

right of association. The freedom of association is also protected under certain

circumstances by the Due Process Clause of the Fourteenth Amendment of the U.S.

Constitution. The Fourteenth Amendment protects the right of the equal protection

of the laws.

71. Under the Ninth Amendment of the U.S. Constitution, "The enumeration in the

Constitution of certain rights shall not be construed to deny or disparage others

retained by the people."

72. Minnesota Constitution, art. I, § 16, states that "The enumeration of rights in this

constitution shall not deny or impair others retained by and inherent in the people."

73. When a person not entitled to vote is permitted to vote in an election, the person is

illegally and illegitimately interfering with the right of association of others entitled to

vote who choose to vote in that same election.

74. Each of the Plaintiffs is entitled to vote, or is an organization representing persons

entitled to vote, who in fact voted in the November 2008 or November 2010

elections.

75. Under the Minnesota Constitution's art. VII, § 1, the fundamental right to vote is not

provided to all people. The Minnesota Constitution specifically prohibits certain

people from exercising the right to vote. People who are not entitled or permitted to

vote include: (a) a person convicted of a felony unless his civil rights are restored; (b )

a person under guardianship; or (c)a person found to be mentally incompetent.

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76. The initial part of determining a person's entitlement to vote under Article VII, § 1 of

the Minnesota Constitution is to register to vote. The application is reviewed to

determine if the person is entitled to vote.

77. The State of Minnesota and counties have an affirmative obligation under Article VII

to protect the rights of people entitled or permitted to vote. The State and counties

have an affirmative obligation to confirm a person's entitlement to vote before

permitting that person's ballot to be counted.

78. A person who registers on the same day as the election is allowed to complete a

ballot, and have his or her ballot counted without the State or county confirming the

eligibilityof the person necessary for him or her to be entitled to vote.

79. The State and counties have impermissively permitted persons to vote on election

day who are not entitled to vote and therefore should not be permitted to vote on

election day, including felons who have not had their right to vote restored, persons

under guardianship who have had their right to vote suspended, and other persons

after the election identified as unconfirmed to an entitlement to vote under the Minn.

Const. art. VII, § 1.

80.When a person is not entitled to vote and is nevertheless permitted to vote, the

person adversely affects the right of association of the legitimately entitled voter who

has exercised their right to vote on that election day. The non-entitled voter has

illegallyand illegitimately associated himself with a candidate.

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81.When a person not entitled to vote is permitted to vote that person illegallyinterferes

with the association rights of each candidate in the election who have an inherent

interest in a fair election.

82. In close elections, the lTIlX of unconstitutional votes with constitutional votes

undermines the integrity or validity of the election. The effect is not slight

considering the number of close elections Minnesota has experienced. The present

system does not ensure that the winner of the election contest is the choice of the

majority or even a strong plurality of constitutional voters.

83. Indentifying the persons not constitutionally entitled to vote as "challenged" voters

(or identified by any other label) in future elections nullifies the legitimacy of the

preceding election and is an affirmation by the State and the counties of the infirmity

of the preceding election and candidates elected to office.

84. The statutory requirements for election day registration and the State's waiver of

Minn. Stat. Const. art. VII, §1 requirements of entitlement to vote on election day are

not reasonable and have a discriminatory effect on voters who are entitled to vote is

violative of the Equal Protection Clause of the U.S. Constitution.

85.As a result of the State and counties' failures on election day to confirm the

entitlement of every person who has registered on election day, the Plaintiffs'

constitutionally protected right of association under the First Amendment of the U.S.

Constitution is violated.

86. As a result of the unconstitutional acts of the State and counties, this Court should

enter judgment that the acts of the State and count ies are unconstitutional and

19



violative of law, and enter judgment against Defendants as violating the Plaintiffs'

constitutional right to association and enjoin the State and the counties from

permitting the ballots of persons registered to vote on election day from being

counted until the State and counties confirm those persons' entitlement to vote. This

Court should also enter any other order it deems just and equitable, including

attorney fees and costs.

Count II

Violation of Due Process Clause of the Fifth and Fourteenth Amendments of the

U.S. Constitution


stated.

88. The Due Process Clause protections restrain government actions which deprive

individuals of liberty interests. The Due Process proscriptions are found under the

Fifth and Fourteenth Amendments of the United States Constitution and Article I, §

7 of the Minnesota Constitution.

89. The Ninth Amendrrtent of the United States Constitution further proclaims that

"[t]he enumeration in the Constitution of certain rights shall not be construed to

deny or disparage others retained by the people."

90. The Minnesota Constitution, art. I, § 16, states that "The enumeration of rights in

this constitution shall not deny or impair others retained by and inherent in the

people."

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91. When a person not entitled to vote is permitted to vote under Article VII, §1 of the

Minnesota Constitution, the State or the counties have violated the prohibitions of

the Fifth and Fourteenth Amendments of the U.S. Constitution ..

92. Under the Minnesota Constitution, the State and counties have an affirmative

obligation on election day to ensure that every election day registrant is entitled to

vote before permitting that registrant to have his or her ballot counted.

93. When the government has the means and resources to prevent persons not entitled

to vote, but instead permits them to register, complete ballots, and have their votes

counted on election day without providing candidates and voters an election day

process to challenge the illegal votes - the government has violated the Due Process

Clauses of the United States and Minnesota Constitutions by permitting the

violations of the constitutionally protected associational liberty interests of entitled

voters who voted on election day without due process of law.

94. On election days in November 2008 and 2010, the State and counties allowed

persons to register and to complete ballots, and then permitted their ballots to be

counted without providing an election day process for these illegal votes to be

challenged. Only after the election did the State and counties confirm that numerous

individuals were not entitled to vote. Entitled voters on election day had no process

on election day to challenge those non-entitled voters from having their votes

counted. Entitled voters on election day did not have the means or the resources to

challenge non-entitled voters. Only the State and counties knew or had the means to

know to prevent non-entitled persons' votes from counting.

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95. The failure of the State and the counties to meet their constitutionally mandated

obligations to entitled voters of prohibiting non-entitled voters from having their

ballots count undermined the integrity of the elections in November 2008 and

November 2010. The same will occur in November, 2012 on election day. The State

and counties failures further deprives Plaintiffs' of their right of association and due

process protections. Post-election challenges or other identification of persons

unconfirmed regarding their respective entitlement to vote in future elections does

not negate the constitutional deprivations of the Plaintiffs and infirmities of the

preceding elections.

96. As a result of the unconstitutional acts of the State and counties, this Court should

enter judgment against them as violating the Plaintiffs' constitutional right to due

process and enjoin the State and the counties from permitting the ballot of any

person who registers to vote on election day from being counted until the State and

counties confirm that person's entitlement to vote. This Court should also enter any

other order itdetermines to be just and equitable, including attorney fees and costs.

COUNT III

The waiver of Minnesota constitutional entitlement requirements on election day

violates the First, Fifth, and Fourteenth Amendments of the U.S. Constitution.


stated.

22



98. On election day in November 2008 and 2010, State and County officials

impermissively and unconstitutionally waived the prohibitions of Article VII of the

Minnesota Constitution.

99. On election day in November 2012, State and county officials will impermissively and

unconstitutionally waive the prohibitions of Article VII of the Minnesota

Constitution.

100. Before counting the ballots of those persons who registered to vote on

election day, Defendants failed to confirm each individual person's entitlement to

vote. Thus, large numbers of non-entitled persons, identified after the election

contest, were not entitled to vote in that election contest. Nevertheless, Defendants

counted those non-entitled persons' ballots in contradiction to and in direct violation

of the provisions of the Minnesota Constitution, art. VII, § 1.

101. Despite having the means to confirm the entitlement of every election day

registrant, the State and county officials purposefully, individually or in concert with

each other, determined and decided not to follow the State constitutional mandates

and permitted non-entitled persons to vote and have their ballots counted.

102. Permitting persons not entitled to vote to have their ballots counted are

violations of the United States Constitution and Minnesota Constitution protections

of the right of association for the Plaintiff candidates.

103. Permitting persons not entitled to vote to have their ballots counted is a

violation of the United States Constitution First Amendment and Minnesota

Constitution protections of association for the Plaintiffs entitled to vote.

23



104. Plaintiffs were denied the means to prevent the ballots of non-entitled

persons from being counted on that election day violating the Plaintiffs' right to due

process.

105. The Minnesota Constitution, under Article VII, § 1, permissively creates two

classes of persons - namely those who are entitled or permitted to vote and those

who are not entitled or permitted to vote. When the State counts the ballots of the

non-entitled class the same as it counts the ballots of the members of the entitled

class, the State is treating the latter unfairly by interfering with their right of

association and all other rights not otherwise enumerated. The acts of the State or the

counties violate the equal protection clause of the U.S. and Minnesota Constitutions.

106. This Court should enter judgment against the Defendants enjoining them

individually, or collectively, to prevent them from waiving the requirement for being

entitled to vote under Minn. Const. art. VII, §1, and requiring them to confirm the

eligibility of each election day registrant before counting his or her ballot for that

election. This Court should also enter any other order it deems just and equitable,

including attorney fees and costs.

COUNT IV

Article VII, § 1 of the Minnesota Constitution violates the Equal Protection and

Due Process Clauses of the U.S. and Minnesota Constitutions and Minn. Stat. §§

524.5-301, et seq. violates the Due Process Clause of the U.S. Constitution.

107. The Plaintiffs adopt and incorporate by reference paragraphs 1 through 106 as

if fully stated.

24



108. The ward's right to vote is a constitutionally protected fundamental right, as

also statutorily recognized under Minn. Stat. § 524.5-120 - the Bill of Rights for

Wards and Protected Persons - which also provides that the court may restrict this

fundamental right.

109. Under Minnesota's constitution Art. VII, § 1, persons under guardianship or

those not mentally competent are not entitled to vote.

110. Minnesota enacted Minn. Stat. § 524.5-313(c)(8) that states "unless otherwise

ordered by the court, the ward retains the right to vote." This State law variation of

the Minnesota Constitution's Article VII, § 1, prohibition on the right to vote does

not afford potential wards the procedural process of notice and hearing specifically

tailored to protect the person's fundamental right to vote.

111. Under present procedures, restricting the right to vote depends more on the

individual judge hearing the case than on the ward or protected person's actual

capacity to understand the nature and effect of voting. There is nothing in the present

procedures that requires judges to consider the capacity to vote when a person is

facing the prospect of being disenfranchised as a result of the proceedings.

112. Not all persons under guardianship lack the capacity to understand the nature

and effect of voting despite a finding of incapacity. Not all persons that have been

determined to lack capacity requiring guardianship lack understanding of the nature

of and effect of voting.

113. No specific notice is provided to the potential ward that elevates the potential

disenfranchisement to the same level of notice as all other aspects regarding asserted

25



need for guardianship. The insufficiency of notice is displayed by evidence that some

under guardianship for lack of capacity or mental illness have voted.

114. Likewise, the insufficiency of notice is displayed by the evidence that some

under guardianship for lack of capacity retain their right to vote but do not have the

capacity to understand the nature and effect of voting.

115. Article VII, § 1 of the Minnesota Constitution specifically prohibiting persons

under guardianship from voting is unconstitutional. This specific prohibition

provision violates the Equal Protection and Due Process Clauses of the U.S.

Constitution and the Minnesota Constitution.

116. Minnesota Stat. §§ 524.5-301 et seq. is unconstitutional to the extent it fails to

give specific notice and a specific opportunity to be heard regarding the potential

ward's fundamental right to vote.

117. As a result of the unconstitutional acts of the State and counties, this Court

should enter judgment finding that the plain language of Article VII, § 1 of the

Minnesota Constitution prohibiting all persons under guardianship or mentally

incompetent from voting is unconstitutional; and that the procedural actions of the

State and counties are unconstitutional. This Court should also enter any other order

it deems just and equitable, including attorney fees and costs.

26



RELIEF REQUESTED

WHEREFORE, the Plaintiffs respectfully request the following relief from the

Court:

(1) Enter declaratory judgment against the Defendants as violating the Plaintiffs'

constitutional rights to association and to due process;

(2) Enter declaratory judgment against the Defendants that their waiver of the

requirements of Minn. Const. art. VII, §1 against unconfirmed voters voting is

a violation of Plaintiffs' constitutional rights;

(3) Enter declaratory judgment against Defendants holding that the plain language

of Article VII, § 1 of the Minnesota Constitution prohibiting all persons under

guardianship from voting is unconstitutional;

(4) Enter declaratory judgment that the acts of Defendants are unconstitutional

and violative of law;

(5) Issue an injunction enjoining the Defendants from permitting the ballots of

persons registered to vote on election day from being counted until the State

and counties confirm those persons' entitlement to vote;

(6) Award reasonable attorney's fees, costs and any other available remedies under

42 U.S.c. § 1988, Minnesota Equal Access to Justice Act, or under any other

applicable law; and

(7) Enter any other judgment or order which this Court would deem just and

equitable.

27



MOHRMAN & KAARDAL, P.A.

lsi Erick G. Kaardal

DATED: February 28, 2012. Erick G. Kaardal (#229647)33 South Sixth Street, Suite 4100

Minneapolis, Minnesota 55402

(612) 341-1074

.A tt orn ey s Fo r P la in t if fs

28



~OS~3~1;" ,7=:1 j"~ 'W~"~L<~'~ 'U:J! :UL: : ; ; ' ' '~ ' '~ 'N~' '~C~U=.W'~ ·W~U~.~",;::.,,;:,..,,~.~ .(~7J~8~2)~==~Fo~r~m=5~2~5'~55~1~tI~1~======--=====

Ward

PRO BA TE CO URTCOUNTY GOUR 'r -PROBATE DIVISlON

/) ,0' .~Court File No. t·-(1'(..:; -.,::>~ (.>

ORDER APPOINTING

GENERAL GUARD IAN OF THEPERSO N A ND ESTA TE

STA TE O F M IN NESOTA

COUNTY OF CROW W ING _

In Re: Guardianship of

CRIEG JOSEPH RUESKEN

'I'his matter came duly on for hearing on _ _ _ _ . . l . . 1 . . l 1 L . U 1 O : .u e , , - , 5 l l t . . u h ~ , 19~_ Ion the petition of---------Cax:oJ.¥);I--Ru.es:~ll--- . seeking appointment

of a guardian for CRIEG JOSEPH RUESKEN

Petitioner appeared personally and by and. through his/her attorney,

J .li.c :.ha .:r:.d_ ..J i.___]l'j;:_~sm__ __ ._ , Esq. The above named ward appeared personally and by and through

his/her attorney, Richard H. . Breen , Esq.

The Court having considered the evidence and being fully advised in the premises now makes the following:

FINDINGS OF FACT

1. (In a meeting with a Court appointed visitor the ward waived his/her right to be present personally and to

be represented by an attorney.) (The ward was unable to attend the hearing by reason of medical condition as

evidenced by a written statement from a licensed physician.)

2. The ward lacks sufficient understanding or capacity to make or communicate responsible decisions con-

cerning his/her person.

3. The ward has demonstrated behavioral deficits evidencing inability to meed his/her needs for medical care,nutrition, clothing, shelter, or safety.

4. The ward lacks sufficient understanding or capacity to make or communicate responsible decisions con-

cerning his/her estate or financial decisions.

5. The ward has demonstrated behavioral deficits evidencing inability to manage his/her estate.

6. The ward has property which will be dissipated without proper management. (Funds are needed for the

care, support, and welfare of the ward and/or those entitled to the support of the ward.)

7. No appropriate alternative to guardianship exists which is less restrictive of civil. r ights and liberties, in-eluding any protective arrangement under M.S. 525.54 Subd. 7.

B. The ward is incapable of exercising the following rights and powers:

a. To establish his/her place of abode.

b. To determine his/her food, clothing, shelter, health care, social and recreational requirements, and

training, educational and rehabilitation requirements.

M.S. 525.551 '//1 (Over) Order Appoint. Gen. Gdn. of Per

jA

EXHIBI



c. To dispose of his/her clothing, personal effects, vehicles, furniture or other property.

d. To consent to necessary medical. or other professional care, counseling, treatment, or service.

e. To approve or withhold approval of any contract, except for necessities which the ward may make or

wish to make.

f. To pay reasonable charges for the support, maintenance and education of the ward.

g. To pay any debts of the ward and the reasonable charges for the support, maintenance and education

of the ward's spouse and dependent children.

h. To possess and manage his/her estate, collect all debts and claims in his/her favor or compromise

them, to invest ail funds not needed for current debts and charges, and to represent himself/herself

in court proceedings or institute suit.

i. To vote.

9. The ward is not a patient of a State Hospital for the mentally ill or a mentally retarded or dependent or

neglected ward of the Commissioner of Public Welfare, or under the temporary custody of the Commissioner

of Public Welfare.

10. The ward is in need of a guardian to supervise and to protect his/her person and estate.

11. The guardianc.L is __ the most suitable and best qualified among those available and willing to dis-

charge the trust. (The guardian has been duly nominated by the ward.)

CONCLUSIONS OF LAW

1. ___ is an

incapacitated person.

2. A guardian of the person and estate of __ . Crieg_.Toseph Ruesken ...._... ___ . ._ __..__ .__ . .._ _.__.._ should be appointed.

Now therefore IT IS ORDERED:

1. That C:harles Rnl?sken_...ilD_U&rolvn Rnt"slcc?n be and hereby

is are appointed guardlan.ia, of the person and estate of __ ~seph RueslSJ ill_ _

______ .__._______ _with all the powers enumerated in M.S. 525.56 Subds. 3 (and 4).

2. That letters o f guardianship issue to ._..El1a.X.l.e.s.....Rue.s.k£.n...an.d..J::a:m.l.)m_.Rue.s ....en., _

___ ._ upon filing an oath and a bond in the amount of $ _-"'- _3. That ijgl annual account of funds and d:i-SyUrS8ments is l)ereby waived. Annua),

Dated __ C t . , = ~ ~ _ ~ . : : : . . _ . ~ :_. .::count~~~rd Is cond:Lt~ T r r E P c 5 0 ' R r l . l . led .

. . . . - - ~ ".-"")

cltd-~f~: ._x~XRobert . R n, District Judge



I

IiII

Voter completes this section please p r in t c le a rl y

V o te r's n a1 1 I 1 1 ~ I I I ~ m l " ~ l m l l l l l l i l l l . I I I I I I I I I J ~ l m l lf ! .

513570 src 1 1f0 2l2 01 0 IP p eT N R

C 1 8 0 02 0-B RA IN ER D W · 2 p . , 181

C R IE G R U ES K EN

14 66 0 R IV ER SIDE DR .

9726350VotersMNaddress

EN VII2 •

S am e ID nuruuct c:t::l U'U "Pll~~~':_-=:=~

(MN d riv er 's l ic en s e It,

.MN ,ID .car~ #'" ",o r la stf ou r d ig its of SSN)

o I d o n ot h ave a M N-issu eq d river's license, MN-issued ID card or a .So cial S ecurity N .umber. .

Ic e rt if y t h at 01 1 ele ctio n d ay Iwil l m eet ali the legal requirem en ts to vo te

~ ; ~ ; : ~ el ' ~ t c1 " - . 1 1 0 . . IDate _ ? ~O~~O

.:

Witness completes this section

Witness'n ame

MN a ddr es s

Oftitl~ : 1 ~ ~ ~ ; ; ; ; ; ; ~ ~ ; ; ; ; ~ ~ ~ ~ t = = = = = ~ ~if a n o f fic ia l

o r n o 1 =? rv

must provli:le p ro o f o f re sid en ce ; { See i n stru ctio n s/ ch ec k o n e}MN d ri ve rs l ic en s e, I D c ar d, p er mit, o r r ec eip tUtility bill, rent s ta tem en t, o r s tu de nt f ee s ta tem en t plus p ho to ID

R egis te red v ote r In th e p re cin ct w ho v ou ch ed f or vo te rs res id en ce Inth e p recin ct (m ust co m plete th e vo uch er f orm o n b ack o f th e V oterReg is tr a ti o n App l ic a li o n )

o T ri ba l 1 0 c ar do No t ic e o f r ate r eg is tr at io no Previo us registratio n in the sam e p recin ct .o A n e mp lo ye e o f a re sid en lia l facility in th e p recin ct w ho vo uched f or

vo ters resid en ce at th e facility (m ust co m plete the vo uch er f orm o nb ac k o f th e Voter Registratio n App licatio n ) .

I certify that:v the vo ter sh ow ed m e th e blan k ballo ts b ef ore vo lin g;.. th e vo ter m ark ed th e b allo ts in p rivate o r; i f p hysically u nab le to m ark

th e b allo ts, th e b allo ts w ere m ark ed a s d ire cte d b y th e vo te r;" the vo ter en clo sed an d sealed the ballo ts in the ballo t en velo pe;e th e v ote r re gis te red to v ote b y f illin g o u t a nd e nc lo sin g a v oter

r eg is tr atio n a pp lic atio n in th is e n ve lo p e;" the vo ter p ro vided p ro f o f residen ce as in dicated abo ve; and.. I am o r have been re tared to vo te I in n eso ta , o r a m a no tary, o r

am autho rized to ' aths.

WitnessSignature

For Official Use Only

' ,ccepred ORejected (reason:)

S ig n at ur e E n v el op a - Un r eg is te re d

EXHIBIT~ Bi



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2. T I 'o i i i l t , f . ; : . 1 ; l . 4 ' t i l or <~tl~M'WI!i;Mp. i i : I t 1 ; 9 t~ __J~ne~an::;'\",.,;;,'.".b"""e;,:ol;,IT"r:, OJ, - l ; l ; ; t I ; : , = e : El."~ ' _

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Have c~q~ at 1 l : . 1 J e , i!OnIl!~~ tll1~ b !.!fub1I~'ftthe: !:ol 'ilS!'!rV.iJre~?5pJaCI!, ~IrWl;i~ w 1 J i : h ~ 1 ! ! D:t;'

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Fo r Official Use Only

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http://svrs.sos.state.rim.usnbtertabdisplay.aspx/



Page 1 o f4

REGISTER OF ACTIONSCASE No. 82-KX-06-002481

§§

§§§

Case Type: FelonyOate Filed: 04/16/2006

Location: - Washington-Stillwater

The State of Minnesota vs. JAMES VANCE BOND

PARTY INFORMATION

Lead AttorneysProSeale

07/17/1967

Defendant BOND, JAMES VANCEMOUNDSVIEW, MN 55112

Retained

Jurisdiction State of Minnesota COUNTY ATTORNEY PRO:

CHARGE INFORMATION

Charges: BOND, JAMES VANCE1. THEFT (Not appl icable - GOC)2. 1ST DEG CRIM DMG TO PROP (Not applicable - GOC)

Statute609.52.23609.595.13

Level DateConverted: Offense Lo02/01/2006Converted: Offense Lo02 /01 /2006

EVENTS & ORDERS OF mE COURT

DISPOSITIONS

01116 /2007 Plea (Judicial Officer: Judge, Presiding)2. 1ST DEG CRIM DMG TO PROP (Not applicable - GOC)

Guilty

03/19/2007 Disposition (Judicial Officer: Judge, Presiding)1.THEFT (Not applicable - GOC)

Dismissed

03/19/2007 Disposition (Judicial Officer: Judge, Presiding)2. 1ST DEG CRIM DMG TO PROP (Not applicable - GOC)

Convicted

0:'~/! / t ' ," .OOT Convertnit rels C rhnine l S entence; '3lay of nnuosinot: (~Ju[}h:l{)i Off/c'er (:;Jifo,r;;,8u!~ar;_!

~ . '/ 2 .:T D E C : G Rff\? D JltJ G T C j r .V - ?OP (Not f ;l O / .H : · (. e h u , . . GOC)

rg';{j f!;{J)6 ((:MVl. .E:·\/f !:L i 6 ()9 ~ 5> 6_ 1 :3 (CfvVOFFl' ;}11Sr:l

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EXHIBIT

'E

h tt p :/ /p a . c ou rt s. s ta te .r n n . l ls /Ca s eDe t ai 1 .a s px?Case ID=57 6423548 10/26/2009



Page 2 of4

2 'iD T D [:G CPOii DMG ro P f? r. :P (. M ot a pp fi(;e l' lie - G O C )

02,:fi1/2tiOI:i (CNVLEV ! :3 : ; . . (;OY_59!5,1 3 r CNVOFFENSE )

(;f)liVerff.,lfi Dis{?os l t io ! ;

..,:r' .(",.',:.,.,

',I, ". •

. : ~ . : ~ . • O r . i"t.

•. 1 t . ', 'f \," ~ I ,

,'.:,,:;

. ~ , i :. ·:

03/20/2009 Amended Sentenced (Judicial Officer: Miles, Susan) Reason: Revocation2. 1ST DEG CRIM DMG TO PROP (Not applicable - GOC)02/01/2006 (CNVLEVEL) 609.595.13 (CNVOFFENSE)

Converted Disposition:S ta y o f I mp os it io nC on cu rr en t O th er C om pl ai nt

Converted Disposition:---- -------._·----Con-finement--NC:rC-;-MN08-20i-3C~as·h_i_ng-t0n....n1 ;-y....:J-a-i-l~------

P rob atio n: 5 Ye ars

Probation NCIC: MN0 82 01 3G - Wash cty Probation OfficeCond iti onal : 6 0 Da ysLength of Stay: 5 YearsP ro ba ti on T yp e: S up er vi se d

Converted Disposition:F in ed : $ 50 0 .0 0S ur ch ar ge : $ 72 .0 0C os ts : $ 10 .0 0

Converted Disposition:O th er C ou rt P ro vi si on s:5 43: No Cont act w Vi cti rn/F mily36 5: Credit w/time Srvd

Converted Disposition:Comments:1 0/3 0/0 7/PV H/S RM/S TAY IM P REV OKED ; ST AY E XEC 1 YR lOY; PR OBREINST; SERV 90DY CONC W/K8054994; IN CUST STS LIEU JAIL;

Probation - Adult:Type: Supervised probation

Agency: Washington County Probation Court ServicesTerm of5 Yr03/19/2007 - 03/19/2012

Comment: Amended Sentence order, amend prob from 10years to 5 years.Status: Active 03/19/2007

Condition - Adult:1. Conditions, other, successfully comply wI ramsey co drug ct 03/20/2009, Active 03/20/2009

04/18/200604/19/2006

04/28/2006

OTHER EVENTS AND HEARINGS

FLD-Case Filed (Judicial Officer: Judge, Presiding)DOC-Document Filed (Judicial Officer: Judge, Presiding)DOC-Document Filed (Judicial Officer: Judge, Presiding)

http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=57642354810/26 /2009

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http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=576423548



Page 3 o f 4

OOC·Oocument Flied (Judicial Officer: Judge, Presiding)ORO·Order (Judicial Officer: Hannon, Mary E. )ORD·Order (Judicial Officer: Hannon, Mary E. )Rule 5 Hearing (8:32 AM) (Judicial Officer Hannon, Mary E.)Result: Converted Activity Status Flag Occurred

06/28/2006 ORO-Order (Judicial Officer: Jorgensen, Kenneth L. )06/28/2006 Rule 8 Hearing (9:00 AM) (Judicial Officer Jorgensen, Kenneth L.)

Result: Converted Activity Status Flag Occurred

08/31/2006 Hearing (9:00 AM) (Judicial Officer Schurrer, Gary R.)Result: Converted Activity Status Flag Occurred

09/13/2006 Hearing (1:00 PM) (Judicial Officer Doyscher,David ,)Result: Converted Activity Status Flag Occurred

09/18/2006 TSC·Transcript Filed (Judicial Officer: Judge, Presiding)09/25/2006 CANCELED Jury Trial (8:30 AM) (Judicial Officer Galler, Gregory G.)

Other

noc-nocumsnt Filed (Judicial Officer: Judge, Presiding)DOC-Document Filed (Judicial Officer: Judge, Presiding)Hearing (10:46 AM) (Judicial Officer Miles, Susan)Result: Converted Activity Status Flag Occurred

10/18/2006 CANCELED Pre-trial (9:00 AM) (Judicial Officer Miles, Susan)Other

12/11/2006 CANCELED Jury Trial (8:30 AM) (Judicial Officer Doyscher,David ,)Other

12/11/2006 Pre-trial (8:30 AM) (Judicial Officer Doyscher,David ,)Result: Converted Activity Status Flag OccurredDOC-Document Filed (Judicial Officer: Judge, Presiding)

DOC·Oocument Filed (Judicial Officer: Judge, Presiding)PSO-Pre-Sentence Investigation Ordered (Judicial Officer: Miles, Susan)CANCELED Jury Trial (8:30 AM) (Judicial Officer Miles, Susan)Other

01/16/2007 Plea Hearing (10:12 AM) (Judicial Officer Miles, Susan)Result: Converted Activity Status Flag OccurredPSF-Pre-Sentence Investigation Filed (Judicial Officer: Miles, Susan)AGM·Child Support Agreement (Judicial Officer: Judge, Presiding)SCH·Schedule Hearing (Judicial Officer: Judge, Presiding)CANCELED Sentencing (8:29 AM) (Judicial Officer Miles, Susan)

Other

03/19/2007 Sentencing (1:05 PM) (Judicial Officer Miles, Susan)Result: Converted Activity Status Flag Occurred

03/21/2007 AUO-Pass to Auditor (Judicial Officer: Judge, Presiding)03/21/2007 ct.o-ctosed (Judicial Officer: Judge, Presiding)03/21/2007 ORO·Order (Judicial Officer: Miles, Susan)

-'--"---Olf/1'1'/200r '-SCH~Schedule-Hearing-(,]udicial·0fficer:.Judge,Presiding,-).---:?=-=:~ __ - __ - ,-- ....--

05/03/2007 CANCELED Hearing (9:00 AM) (Judicial Officer Armstrong, Thomas G.)

Other05/11/2007 AGM·Chlid Support Agreement (Judicial Officer: Judge, Presiding)05/25/2007 CANCELED Hearing (8:30 AM) (Judicial Officer Miles, Susan)

Other05/25/2007 Probation Violation Hearing (9:39 AM) (Judicial Officer Miles, Susan)

Result: Converted Activity Status Flag OccurredCLO·Closed (Judicial Officer: Judge, Presiding)DOC·Oocument Filed (Judicial Officer Judge, Presiding)ORO·Order (Judicial Officer: Miles, Susan)WAR·Warrant Issued (Judicial Officer: Miles, Susan)ORO-Order (Judicial Officer: Jorgensen, Kenneth L. )WRO-Warrant Returned (Judicial Officer: Judge, Presiding)Probation Violation Hearing (10:07 ,6.M)(Judicial Officer Jorgensen, Kenneth L.)

Result: Converted Activity Status Flag Occurred08/31/2007 Probation Violation Hearing (9:26 AM) (Judicial Officer Miles, Susan)

Result: Converted Activity Status Flag OccurredOB/31/2007 CANCELED Revocation Hearing (8:30 AM) (Judicial Officer Miles, Susan)

Other

09/20/2007 Revocat ion Hearing (1 :00 PM) (Judicial Officer Miles, Susan)

Result: Converted Activity Status Flag Occurred10/03/2007 Probation Violation Hearing (1:12 PM) (Judicial Officer Miles, Susan)

Result: Converted Activity Status Flag Occurred10/03/2007 CANCELED Revocation Hearing (9:00 AM) (Judicial Officer Miles, Susan)

OtherCLO-Closed (Judicial Officer: Judge, Presiding)ORO·Order (Judicial Officer: Miles, Susan)Probation AgreementSentencing Order (Judicial Officer: Miles, Susan)Criminal History Disposition has been processedProbation Violation Report (Judicial Officer: Miles, Susan)Revocation Hearing (B:30 AM) (Judicial Officer Miles, Susan)Result: Held

05/30/2006

05/30/200605/30/2006

05/30/2006

10103/2006

10/11/2006

10/18/2006

12/22/2006

12/22/200601/16/2007

01/16/2007

03/12/2007

03/19/2007

03/19/2007

03/19/2007

05/29/2007

OB/06/2007OB/08/2007

OB/08/2007

OB/30/2007

OB/30/2007OB/30/2007

10/04/2007

10/04/2007

10/19/2007

10/24/2007

10/24/2007

02/18/2009

03/20/2009

http://pa.courts.state.rnn.us/CaseDetail.aspx?CaseID=576423548 10/26/2009

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Page 4 of4

03/20/2009

031201200903/20/200903/20/200903/2712009

Probation Violation Admitted (Judicial Officer: Miles, Susan)Probation Violation Found (Judicial Officer: Miles, Susan)Probation Continued - Same Terms and Conditions (Judicial Off icer: Miles, Susan)Sentencing Order (Judicial Officer: Miles, Susan)Criminal History Disposit ion has been processed

FINANCIAL INFORMATION

Defendant BOND, JAMES VANCETotal Financial AssessmentTotal Payments and CreditsBalance Due as of 10/26/2009

2,530.00375.00

2,155.00

03/19/2007 TransactionAssessment

12/14/2007 TransactionAssessment

01/11/2008 Phone Payment

03/21/2008 Mail Payment08/05/2008 Mail Payment11/03/2008 Mail Payment

03/02/2009 Mail Payment06/01/2009 Mail Payment

530.00

Receipt # 0082-2008-01848Receipt # 0082-2008-013150Receipt # 0082-2008-034364Receipt # 0082-2008-046714Receipt # 0082-2009-08819

Receipt # 0082-2009-22059

BOND, JAMES VANCEBOND, JAMES VANCEBOND, JAMES VANCEBOND, JAMES VANCEBOND, JAMES VANCE

BOND, JAMES VANCE

2,000.00

(25.00)(50.00)(50.00)

(100.00)(100.00)

(50.00)

http://pa.courts.state.mn. us/CaseDetail.aspx?CaseID=57 6423548 10/26/2009

http://pa.courts.state.mn./

http://pa.courts.state.mn./



http://pa.coln1:s.state.nm.us/CaseDetail.aspx?CaseID= 1614

Logout MyAccount Search Menu New CriminaVTraflic/Petty Search Refine Search Back

, ----REGIST-E-ROF-AC-TIONS-'

CASENo. 62-CR-1l-319

Location: All MNCIS Sites - Case Search l : : @ ! Q

State of Minnesota vs JAMES VANCE BOND §§§

§§

Case Type: CrimfTrafMandatory

Date Filed: 01 /12 /2011

Location: Ramsey CriminalfTraffic/Petty

Downtown

Lead Attorneys

Defendant BOND, JAMES VANCE

Mounds View, MN55112

MaleDaB: 07/17/1967

Jurisdiction State of Minnesota

CHARGE INFORMATION

Charges: BOND, JAMES VANCE

1. Registration and Eligibility ofVoters-Register anineligible voter

(Not applicable - GOC)2. Ineligible Voter Knowingly Votes (Not applicable - GOC)

Statute

201.054.2(a)

201.014.3

Level

Felony

Date

11 /04 /2008

Felony 11 /04 /2008

EVENTS & ORDms OF TIlE COURT

DISPOSITIONS

02 /09 /2011 Plea (Judicial OfIicer: Guthmann, John H.)

2. Ineligible Voter KnowinglyVotes (Notapplicable - GOC)

Guilty

03 /2212011 Disposition (Judicial OfIicer: Guthmann, John H.)

1. Registration and Eligibility of Voters-Register an ineligible voter (Not applicable - GOC)

Dismissed

2. Ineligible Voter Knowingly Votes (Not applicable - GOC)

Convicted

03 /2212011 Sentenced (Judicial OfIicer: Guthmann, John H.)

2. Ineligible Voter Knowingly Voles (Not applicable - GOC)11 /04 /2008 (FEL) 201.014.3 (2010143)

Local Confinement

Agency: Ramsey County Correctional FaciOty

Term: 288 Days

TIme To Serve: 288 Days

Stay 0 Yr 0 Mo 0 Days

Credit For l ime Served: 288 Days

Status: Active 03 /22 /2011

Fees -Adult: (Grand Total: $181.00)

Due 03 /22 /2011

.Fine: $100.00Fees: (Fees Total: $81.00)

Criminal Surcharge: $76.00

Law Library: $5.00

Level of Sentence:

Conviction deemed a Gross Misdemeanor pursuant to M.S. 609.13

OTIfER EVENTS AND HEARINGS

0111212011 E-filed Comp-Summons

01 /1212011 Notice and Order to Appear

0111212011 Released Own Recognizance

01 /1212011 Interim Condltlon for BOND, JAMES VANCE

- Released on own recognizance

01 /19 /2011 Notice and Order to Appear

02/09/2011 Plea Hearing (1:20 PM) (Judicial OfIicer Guthmann, John H.)

0 1/1 91 20 11 Re set b y C ou rt to 0 21 091 20 11

Result: Held

lof2 111612012 12



http://pa.courts .state.rrm.us/CaseDetail.aspx?CaseID= 16142

02/09/2011 Order-Presentence Investigation (Judicial Officer: Guthmann, John H. )

02/09/2011 Petit ion to Enter Guilty Plea (Judicial Officer: Guthmann, John H. )02/09/201 tOtherDocument(JudiciaLOfficer._Guthmann,.JohnH._) 0 _

02/09/2011 Notice and Order to Appear (Judicial Officer. Guthmann, John H.)

02109/2011 Notice of Evidence and Identif ication Procedures (Judicial Officer. Guthmann, John H. )

02/09/2011 Order for Booking (Judicial Officer. Guthmann, John H. )

02/09/2011 Petit ion to Proceed as ProSe Counsel (Judicial Officer. Guthmann, John H. )

02/24/2011 Publ ic ly Viewable Note to File

03/04/2011 Released OWn Recognizance

03/2212011 Sentencing (1:30 PM) (Judicial Officer Guthmann, John H.)Result Held

03/2212011 Criminal Judgment and Warrant of Commitment (Judicial Officer: Guthmann, John H. )

03/2212011 Notice-Payor Appear (Judicial Officer. Guthmann, John H. )

03/22/2011 Publ ic ly Viewable Note to File

05/23/2011 Sent to Collections

FINANCIAL INFoRMATION

Defendant BOND, JAMES VANCE

Total Financial Assessment

Total Payments and Credits

Balance Due as of 01/16/2012

181.000.00

181.00

04/05/2011 Transaction Assessment 181.00

20f2 111612012 12:5

http://pa.courts/

http://pa.courts/



. ? ;'.'

.Personal Informatioh: &..Qu~lific·ations

'Are you a U.S. citizeni'y~s No D .'.

' . V Y . i U you be ~t lea~H 8 : on or before the next el~ction? '(e~ No D . . : . . ':,'f you mark "r.JO'" t~:'~ith~r of these questions, 00 NOTcomplete thisform,

IP election ~ffice use on

~B MO~ h _J J Y . V tM 1

"

: : J . ? : 3 ~ ~.ee ~r sur~~m~: I' fir~. e (' . . . I I . . . ·m_...:.:.j~_d_Je..:..n_a_~_~' --I ~ ~ ~ . \

. .:~i)Y\ 6> . \ _ , _ j { ( ryV'vC .l V f f .V \ ( .._e~-~--------------------~~~~------------~ap~,number.

( L / J _. : ."

zip' cod

nil?,,'.·';·:l~

: ~ ( f : : ~ q i ~ . i ! : '81 ) not be delivered to the address above, provide P.O.Box '. .:. . ',-: .. .:'.' zip cod'.-..

" .. .;. ...:. ' .. ;. ~, "

. . . . ., ....

.;;'"" .. '.

county where you live

~

.'box and provide the number that applies to you:

have a MN-issued driver's license or MN 10card number:

J do not have.a MN-issued driver's license or MN 10card.. The last four digits of my Social Security Number are:

~egistration Updates -Are you currently registered under a different name or address?

I previous last name I I previous first nameIprevious middle name

previous address where you were last registered city state zip cod

~eadAnd Sign Only If All PartsApply ToYou.

'.certify that I:

• will be at least 18 years old on election day;• am a citizen of the United States;• W ill have resided in Minnesota for 20 days immediately preceding election day;'

• rnalntaln residence at the address given on the registration form;• am riot under court-ordered guardianship in which the court order revokes my right to vote;• have not been found by a court to be legally incompetent to vote;• have the right to vote because, if been convicted of a felony, my felony sentence has expired (beencornpllej§tU,l...Q(_11ave been from my sentence; arid

thi,,,,,t·,,,tc.m<>rn"I that giving false information is a felony punishable by not more than 5$10 ,000 , or both. . '. .

F

EXHI

Photo IDWith Uti li ty Bil l or Fee statement

Student Fee Statement or Uti li ty Bil l

(type)IDNu-m~be-r.-.------~---------

oMN Drivers License 0 MN 10 Card

oU.S. Passport 0 U.S. Military 10

oTribal 10 0 Student 10

date:

other

DVouched For

o Late NoticeoPrevious Registration in Same Precinc

oStudent 10 With College List

10 Number: _ .. __ _._.__



_)

' _, " ,

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"'. . . . .

· . . t · · · · / . .:



REGISTER OF ACTIONSCASENo. 62-K3-01-003307

The State of Minnesota vs. MARCELLETIE CHYANN PAYNE.[MCEl020200-070300]

§§

§§

§

Page 1 of2

Locauon . f . : . J ! i,tlNC!S Siif;:S - Gase Se:~rc!1 Heir)

Case Type: FelonyDate Filed: 09/19/2001

RamseyLocation: CriminallTraffic/Petty

Downtown

PARTY INFORMATION

Defendant PAYNE. MARCELLETIE CHYANN Female08/31/1961

Jurisdiction State of Minnesota

Lead AttorneysHOYOS, JUAN GUILLERMC

Public Defender

CHARGE INFORMATION

FREEMAN, JOHN T

Charges: PAYNE. MARCELLETIE CHYANN1. THEFT AS FELONY (Not applicable - GOC)

Statute609.52.21

Level DateConverted: Offense L02/02/2000

EVENTS &ORDERS OF THE COURT

DISPOSITIONS

1111412001 Plea (Judicial Officer: Judge, Presiding)1. THEFT AS FELONY (Not applicable - GOC)

Guilty

01 /11 /2002 Disposition (Judicial Officer: Judge. Presiding)1. THEFT AS FELONY (Not applicable - GOC)

Convicted

01 /11 /2002 Converted TCIS Criminal Sentence: Stay ()f hnposition (Judicial Officer: Rosas, Salvador)1. THEFT AS FELONY (Not applicable - GOC)02102 /2000 (CNVLEVEL) 609.52.21 (CNVOFFENSE)

Converted Disposition:S ta y o f I mp os it io n

Converted Disposition:Confinement NCIC: ~ '996 20 0C - Volunterrs of AmericaP ro ba ti on : 1 0 Y ea rsProbation NCIC: MN0 62 01 3G - Ramsey Co. Probation OfficeC on di ti on al : 3 0 D ay sLength of Stay: 1 0 YearsP ro ba ti on T yp e: S up er vi se d

Converted Disposition:F in ed : $ 1 00 .0 0S ur ch ar ge : $ 40 . 00

Converted Disposition:O th er C ou rt P ro vi si on s:36 5: Credit w/time Srvd3 46 : R es ti tu ti on5 6 4: C ou ns el in g

Converted Disposition:Comments:PV 1 -31 -0 3 ROSAS; PV ADM; CONT PROB STC - MAKE PYMNTS ONRESTIT; FINE REMAINS. TMS


09/19/2001 FLD-Case Filed (Judicial Officer: Judge, Presiding)09 /20 /2001 WAR-Warrant Issued (Judicial Officer: Flynn. Paulette K. )10 /08 /2001 1st Appearance Distr ict Court (1:21 PM) (Judicial Officer Ti lsen, Judith M.)

Result: Converted Activity Status Flag Occurred

http://pacoUlis. state.mn. us/CaseDetail.aspx?CaseID=672287 666

EXHIBIT

H

10/26/2009



Page 2 of2

10 /09 /2001

10 /22 /2001

10 / 2 212001

10 /22 /2001

11 /08 /2001

11 /14 /2001

11 /14 /2001

11 /14 /2001

11 /14 /2001

12 /0412001

01 /08 /2002

01 /11 /2002

01 /11 /2002

01 /11 /2002

01 /11 /2002

BND·Bond (Judicial Officer: Administrative, Calendar)DOC·Document Filed (Judicial Officer: Judge, Presiding)ORD·Order (Judicial Officer: Judge, Presiding)Omnibus Hearing (1:15 PM) (Judicial Officer Monahan, M. Michael)Result: Converted Activity Status Flag OccurredDOC·Document Filed (Judicial Officer: Judge, Presiding)DOC·Document Filed (Judicial Officer: Judge, Presiding)PSO·Pre-Sentence Investigation Ordered (Judicial Officer: Judge, Presiding)CANCELED Disposition Conference (9:00 AM) (Judicial Officer Rosas, Salvador)

OtherPlea Hearing (9:00 AM) (Judicial Officer Rosas, Salvador)Result: Converted Activity Status Flag OccurredDOC-Document Filed (Judicial Officer: Judge, Presiding)DOC-Document Filed (Judicial Officer: Judge, Presiding)AUD·Pass to Auditor (Judicial Officer: Judge, Presiding)BDR·Bond Review (Judicial Officer: Judge, Presiding)CLO·Closed (Judicial Officer: Judge, Presiding)Hearing (12:02 PM) (Judicial Officer Wiese, Kathy)Result: Converted Activity Status Flag OccurredSentencing (9:00 AM) (Judicial Officer Rosas, Salvador)Result: Converted Activity Status Flag OccurredDOC·Document Flied (Judicial Officer. Judge, Presiding)DOC·Document Filed (Judicial Officer: Judge, Presiding)MCE-Referred to Minnesota Collection Enterprise (Judicial Officer: Judge, Presiding)

DOC·Document Filed (Judicial Officer: Judge, Presiding)TSC-Transcript Filed (Judicial Officer: Judge, Presiding)

DOC-Document Filed (Judicial Officer: Judge, Presiding)CLO·Closed (Judicial Officer: Judge, Presiding)Probation Violation Hearing (9:00 AM) (Judicial Officer Rosas, Salvador)Result: Converted Activity Status Flag OccurredPIF-Paid in Full (Judicial Officer: Judge, Presiding)Converted Pending Activity (Judicial Officer: Judge, Presiding)

01 /11 /2002

02 /15 /2002

02 /21 /2002

04/30 /2002

06 /20 /2002

07 /10 /2002

01 /17 /200301 /31 /2003

01 /31 /2003

1210412003

07 /11 /2012


01 /11 /2002 TransactionAssessment12 /04 /2003 Converted Payment Receipt # 03824511

Defendant PAYNE, MARCELLETTE CHYANNTotal Financial AssessmentTotal Payments and CreditsBalance Due as of 10 /26 /2009

142.50142.500.00

NO NAME AVAILABLE

142.50

(142.50)

http://pa.coUlis.state.mn.us/CaseDetail.aspx?CaseID=672287666 10/2612009

http://pa.coulis.state.mn.us/CaseDetail.aspx?CaseID=672287666

http://pa.coulis.state.mn.us/CaseDetail.aspx?CaseID=672287666



http://pa.comts.state.nm.us/CaseDetail .aspx?CaselD= 16

Logout MyAccount Search Menu New Criminaiffraffic/Petty Search Refine Search Back

REGISTER OF ACTIONS

CASENo. 62-CR-1l-3042

Location: All MNCIS Sites - Case Search ~

State of Minnesota vs MARC ELLETTE CHYANN PAYNE §§§

§§

Case Type: CrimITrafMandatory

Date Filed: 04/26/2011

Location: Ramsey CriminalJTraffic/Petty

Downtown

Defendant PAYNE, MARC ELLETTE CHYANN

White Bear Lake, MN 55110

Female

DOB: 08/03/1961

Lead Attorneys

BARBARA JANE DENEEN

Public Defender

Jurisdict ion State of Minnesota

Charges: PAYNE, MARC ELLETTE CHYANN


Statute

201.014.3

Level

Felony

Date

11/04/2008

EVENTS & ORDERS OF TH E COURT

DlSPOsmONS

06/09/2011 Plea (Judicial Officer: Gearin, Kathleen R .)


Guilty

06/09/2011 Disposition (Judicial Officer: Gearin, Kathleen R .)


Convicted

06/09/2011 Sentenced


11/04/2008 (FEL) 201.014.3 (2010143)

Local ConfinementAgency: Ramsey County Correctional Facility

Term: 180 Days

l ime To Serve: 4 Days

Stay 176 Days For 6 Mo

Credit For l ime Served: 4 Days

Status: Active 06/09/2011

Probation - Adult:

Type: Probation to the Court

Agency: Ramsey Co District Court St Paul

Term of6 Mo

06/09/2011 - 12/09/2011

Status: Closed 12114 /2011

Fees - Adult: (Grand Total: $206.00)

Due 06/09/2011

Fine: $50.00

Fees: (Fees Total: $156.00)

Criminal Surcharge: $76.00Law Library: $5.00

Public Defender Fee: $75.00

Condition - Adult:1. Remain law-abiding, 06/09/2011, Active 06/0912011

Level of Sentence:Conviction deemed a Gross Misdemeanor pursuant to M.S. 609.13


04/26/2011 E-filed Comp-surnmons

04/26/2011 Summoned-Own Recognizance

04/26/2011 Inter im Condit ion for PAYNE, MARC ELLETTE CHYANN

-Summoned

10f2 1116/2012

http://pa.comts.state.nm.us/CaseDetail

http://pa.comts.state.nm.us/CaseDetail



http://pa.cOlrrts.state.nm.us/CaseDetail.aspx?CaseID=161444239

04/26/2011 Notice and Order to Appear

OS/26/2011 First Appearance (1:20 PM) (Judicial Officer Bastian, GaryW.)

Result Held

OS/26/2011 Other Document (Judicial Officer. Bastian, GaryW. )

OS/26/2011 Notice and Order to Appear (Judic ial Off icer. Bastian, Gary W. )

OS/26 /2011 Order Granting Public Defender (Judicial Officer. Bastian, GaryW. )

OS/26/2011 Application for Public Defender (Judicial Officer. Bastian, GaryW.)

OS/26/2011 Notice of Evidence and Identification Procedures (Judicial Officer. Bastian, GaryW.)

OS/26/2011 Order for Booking (Judicial Officer. Bastian, GaryW. )

05/31/2011 Released OWn Recognizance06/09/2011 Sentencing (1:20 PM) (Judicial Officer Gearin, Kathleen R .)

0610912011 Reset by Court to 0610912011

Result Held

06/09/2011 other Document (Judicial Officer. Gearin, Kathleen R . )

06/09/2011 Notice-Payor Appear (Judicial Officer. Gearin, Kathleen R . )

06/09/2011 Criminal Judgment and Warrant of Commitment (Judicial Officer: Gearin, Kathleen R . )

06/09/2011 Petition to Enter Guilty Plea (Judicial Officer. Gearin, Kathleen R . )

08/09/2011 Sent to Collections

12/14/2011 Publicly Viewable Note to File

12/14/2011 Discharge from Probation


Defendant PAYNE, MARCELLETTE CHYANN

Total Financial Assessment

Total Payments and Credits

Balance Due as of 01/16/2012

206.00

0.00

206.00

06/10/2011 Transaction Assessment 206.00

2of2 111612012

http://pa.colrrts.state.nm.us/CaseDetail.aspx?CaseID=1614442394

http://pa.colrrts.state.nm.us/CaseDetail.aspx?CaseID=1614442394



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Complaint for Injunctive Relief 2-28-12

Documents

Transcript of Complaint for Injunctive Relief 2-28-12