Successful defense of Restore the Vote Act

Minnesota Supreme Court unanimously rejects attempt to disenfranchise Minnesotans

from the office of Attorney General Keith Ellison

In a unanimous decision today, the Minnesota Supreme Court dismissed a lawsuit challenging the Restore the Vote Act, which restored voting rights to about 55,000 people. As a result of the decision, the Act remains the law. People who are living in the community serving a felony sentence while on probation, supervised release, or parole have the right to vote. Early voting for Minnesota’s August 13 primary elections is already underway, and early voting for the November 5 general election begins September 20.

“Democracy is not guaranteed — it is earned by protecting and expanding it,” Attorney General Ellison said. “Today, the Minnesota Supreme Court protected the right of 55,000 Minnesotans to participate in our democracy, so today, our democracy is stronger. I’m proud my Office successfully represented Secretary Simon against this baseless challenge, and I’m proud Restore the Vote is definitively the law of the land today more than 20 years after I first proposed it as a state legislator. I encourage all Minnesotans who are eligible to vote to do so and to take full part in our democracy.”

“Today’s decision is great news for voters,” said Secretary of State Steve Simon. “With Minnesotans already voting ahead of the August 13 Primary and making a plan to vote in the November 5 Presidential Election, it is critically important that every voter understands their rights. The Restore the Vote Act remains the law of the land. If you are not currently incarcerated, a U.S. citizen, at least 18 years old, and a resident of Minnesota for 20 days, and have not had your rights to vote revoked by a court – you can vote in Minnesota. Special thanks to the Office of Attorney General Keith Ellison for its strong defense of this law.”

Background

Until 2023, Minnesota law required those convicted of a felony to complete their sentence before automatically regaining the right to vote, even if they were living in their communities (on parole or in another similar program). In a 2023 case, the Minnesota Supreme Court recognized the legislature’s broad authority to restore voting rights. Just weeks after that decision, the Minnesota Legislature enacted the Restore the Vote Act, which automatically restores voting rights when a person is released into the community, even if the sentence is not complete.

Lawsuit

Shortly after its enactment, a self-described “election integrity” organization and three of its members challenged the Restore the Vote Act. The challengers, none of whom had their voting rights affected by the Act, alleged that the Minnesota Constitution, which authorizes people with felony convictions to vote if “restored to civil rights,” prohibited the legislature from restoring only voting rights.

The district court dismissed the lawsuit, reasoning that the premise of the challengers’ argument was “fundamentally flawed.” The court held that nothing suggested that the right to vote could not be restored before a felony sentence was discharged. Noting that nothing in the Restore the Vote Act affected the challengers’ voting rights, the court also concluded that they lacked standing, a legal requirement that a person must have suffered an injury to bring a lawsuit.

Today the Minnesota Supreme Court affirmed the dismissal, holding that the challengers could not “manufacture standing” when they did not claim any injury from the re-enfranchisement of others.