The Minnesota Supreme Court unanimously rejects an attempt to disenfranchise Minnesotans
August 7, 2024 (SAINT PAUL) — 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 law. People 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.”
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 their sentence is not complete.
Shortly after its enactment, a self-described “election integrity” organization and three of its members challenged the Restore the Vote Act. The challengers alleged that under Minnesota's Constitution—authorizing people with felony convictions to vote if “restored to civil rights”—the legislature was prohibited from restoring only voting rights.
The district court dismissed their lawsuit reasoning that nothing suggested that voting rights could not be restored before completing a felony sentence discharge. Noting that nothing in Restore The Vote affected challengers’ own voting rights directly or indirectly—thus lacking standing—the court concluded they did not suffer injury necessary for bringing such lawsuit.
Today’s ruling affirmed dismissal stating challengers could not "manufacture standing" without claiming injury from others' re-enfranchisement.
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