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SCOTUS Rejects MN Vote Delay  10/28 07:08


   WASHINGTON (AP) -- A Minnesota Republican candidate's bid to delay voting in 
his congressional race to February after the death of a third-party candidate 
was rejected Tuesday at the Supreme Court.

   Justice Neil Gorsuch, who handles emergency requests from the federal 
appeals court that oversees Minnesota, denied the request from Tyler Kistner. 
As is typical when the court acts on an emergency basis, Gorsuch did not say 
anything in denying the request. But he also didn't ask Kistner's opponent to 
respond in writing or refer the question to the full court, suggesting it 
wasn't a close question.

   Kistner is running against Democrat Angie Craig, the incumbent, in the Nov. 
3 race for Minnesota's competitive 2nd District, which stretches south from St. 
Paul's suburbs.

   "It's unfortunate that Angie Craig is continuing to silence and 
disenfranchise thousands of her own constituents," Kistner said in a statement.

   Craig said Kistner's case has been before three different courts, and each 
court rejected it.

   "The real win today is for the voters of Minnesota's Second Congressional 
District -- who will have their voices heard as part of the November general 
election and have continuous representation in Congress," Craig said in a 

   The Craig-Kistner race was thrown into confusion after the September death 
of Legal Marijuana Now Party candidate Adam Weeks. Because that party has major 
status in Minnesota and the death was sufficiently close to the election, it 
triggered a state law calling for a delay until February.

   But Craig won a lower-court ruling to block the delay and the election was 
moved back to Nov. 3. An appeals court left that decision in place, saying 
there are strong reasons for a uniform date for federal elections, and there 
must be compelling circumstances for a state to be permitted to change the date.

   Kistner appealed to the Supreme Court for an emergency order putting on hold 
the lower court ruling. Kistner's case is still active in the appeals court, 
but arguments won't be heard there until after the election.

   Craig is expected to benefit from the high turnout on Election Day. 
Kistner's chances may have been better in a special election, in which 
Republicans tend to have a greater advantage from the lower turnout.

   The Minnesota law calling for an election delay following the death of a 
major-party candidate was passed years after Sen. Paul Wellstone's died in a 
2002 plane crash. Wellstone died just 11 days before the election, triggering a 
frenetic race in which Republican Norm Coleman defeated former Vice President 
Walter Mondale, who was tapped to take Wellstone's place as the Democratic 

   Autopsy results released Tuesday by the Southern Minnesota Regional Medical 
Examiner's Office found Weeks died of ethanol and fentanyl toxicity.

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