18 October 2023
ST. PAUL Minnesota’s Democratic-Farmer-Labor (DFL) attorney general and secretary of state say it was unlawful for a judge to bar two felons on probation from voting, and that the decision shouldn’t create uncertainty around recently restored felon voting rights.
A new law Minnesota enacted earlier this year gave the vote back to more than 50,000 Minnesotans serving probation. Restoration came after decades of advocacy at the capitol and a years-long lawsuit that ended up at the state Supreme Court, where justices upheld the old ban but handed the issue back to the state Legislature.
But this month in Mille Lacs County, district judge Matthew M. Quinn ordered two defendants’ voting rights suspended until the completion of their probation sentences. In his opinion, Quinn said the new law restoring felon voting rights did not change the fact that the state Constitution ultimately still contains language restricting felons from voting.
In a joint statement issued Tuesday, Oct. 17, Democratic Attorney General Keith Ellison and Secretary of State Steve Simon said Quinn’s orders “fly in the face” of the legislature’s restoration of felon voting rights, and said they shouldn’t interfere with voting rights for felons on probation across the state.
“We believe the judge’s orders are not lawful and we will oppose them,” Ellison and Simon said in a joint statement on the ruling. “The orders have no statewide impact, and should not create fear, uncertainty, or doubt. In Minnesota, if you are over 18, a U.S. citizen, a resident of Minnesota for at least 20 days, and not currently incarcerated, you are eligible to vote. Period.”
Under previous law, felons in Minnesota could not vote until they completed their parole or probation and paid fines related to their sentence. The state Constitution bans felons from voting until “restored to civil rights,” and a 1963 law defined that as the end of probation. The 2023 update changed the law so that voting rights are only lost during incarceration.
Minnesota was one of 16 states, including South Dakota and Wisconsin, that only allow people with felony convictions to vote upon 100% completion of their sentence. North Dakota does not allow people in prison to vote, but does not have any other restrictions after release.
Twenty-three states automatically restore voting rights to people upon release, according to the National Conference of State Legislatures.
In his opinions, Quinn said the Minnesota Constitution calls for restoring felon voting rights “upon the occurrence of certain events” and claims the new law does not change the basic constitutional restriction. He suggested the best remedy would be for the state to hold a constitutional referendum to allow voters to address the issue.
“The court concludes that it has duty to independently evaluate the voting capacity of each felon at the time of their discharge from probation, and on subsequent occasions as needed or requested,” he wrote.
There are two cases where Quinn ruled to remove voting rights from two defendants convicted of crimes: one involving controlled substance possession and the other a felon in possession of a firearm.
Felon voting rights restoration was a top issue for DFL lawmakers and state officials this year and has generally been opposed by Republican lawmakers and conservative groups in Minnesota.
Quinn, who was appointed to his post as a 7th District judge by DFL Gov. Mark Dayton in 2017, was disciplined by the Board on Judicial Standards in 2021 for posting pro-Donald Trump messages on social media and other partisan political activities and statements. Minnesota has a non-partisan judiciary and judges are barred from endorsing and opposing political candidates.
The complaint against Quinn mentions he was photographed in the St. Cloud Times wearing a “Make America Great Again Hat” at a pro-Trump river boat parade on the Mississippi River in 2020 and described then-presidential candidate Joe Biden as a “dip s” in a Facebook post.
The Mille Lacs County cases are the most recent challenge to felon voting rights following the passage this spring of what DFL lawmakers called the “Restore the Vote Act.”
A conservative legal group in June filed a challenge to the law in Anoka County, just weeks after the first newly enfranchised felons registered to vote. Attorneys with the Minnesota Voters Alliance argue the state constitution still requires felons to complete their entire sentence before they can vote again including probation.
Follow Alex Derosier on Twitter @xanderosier or email [email protected].
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