Legalectric

Red Wing VOTERS has filed a Petition for Intervention in the Recall City Hall lawsuit that was filed August 6th, and a Stipulation to Intervention has been circulated to the Recall and City attorneys:

Here’s the short version, from the intro:

This Motion is made the grounds of Red Wing VOTERS’ interest in the fundamental right to vote and preserving the integrity of open, free, and fair elections, specifically, the City of Red Wing elections of 2018 and 2020.  Red Wing VOTERS is an association of voters in Red Wing who oppose the recall effort, representing voters who elected Red Wing City Council members and their interests.  Red Wing VOTERS has a defense to Petitioners’ claim for “correction of ballot error M.S. A. §204B.44,” which, if Petitioners prevail, would have the detrimental impact of invalidating the 2018 and 2020 elections through a recall of six of seven duly elected City Council members and disenfranchising the voters who elected these City Council members.  If Petitioners prevail, Red Wing VOTERS would suffer irreparable harm.  Red Wing VOTERS has an interest in those issues focused on the broad rights of citizens and voters under the Charter and correct interpretation thereof, an interest distinct from the interests of, and not represented by, the City of Red Wing.

Recall is an extreme remedy — it’s not for those times when you don’t like what City elected officials do, how they vote, even when you REALLY don’t like it. Recall is the remedy for malfeasance and/or nonfeasance.

If you look at Recall City Hall’s Petition to the District Court, search for “procedural,” and you’ll see repeated insistence that their Recall Petitions are “procedurally sufficient.” And they don’t address “malfeasance” except to say that the state definition of malfeasance shouldn’t apply! There’s nothing addressing the need of their Recall Petition to be both procedurally and LEGALLY sufficient. And action by the City, scheduling a recall election, is only triggered by a finding that their petition is sufficient:

“If the petition or amended petition is found sufficient…” Is that so hard to understand?

In addition to “sufficiency,” the Recall Petitioners argue that the City SHALL schedule an election if their petition is (just) procedurally sufficient (and no addressing legal sufficiency).

There are many voters here in Red Wing who are fed up with this divisive Recall City Hall effort.

Prior to the August 9, 2021 City Council meeting, and it turns out before the City was served, I sent this review of their Petition:

Letter-to-Council-Overland-Comments-on-Petition

Exhibit-A_Recall-Flyer

Exhibit-A-1_Why-a-Recall

Exhibit-B_250-Word-Statement

Exhibit-C-_Certification-of-Recall-Committee-Hove_4-9-2021

Exhibit-D_-Certification-of-Recall-Committee-Hove-Not-Certified

Exhibit-E_Letter-5-16-2021-Petitions-Invalid

Exhibit-F_Certification-of-Recall-Committee-Wards-1-2-DEAN-HOVE-Received-6_7_2021

I’m looking forward to this. There’s a scheduling conference on Friday, and by then I’ll know if the Recall attorney and City attorney will stipulate to our intervention or whether we’ll have to have a hearing.