GOP House candidate Tyler Kistner files appeal to restore February special election in 2nd District

KSTP

Tyler Kistner[Tyler Kistner for Congress]

A Republican congressional candidate has filed an appeal in federal court to keep a special election in February after a third-party candidate died.

Tyler Kistner, who’s challenging incumbent Democratic Rep. Angie Craig in Minnesota’s 2nd Congressional District, appealed a ruling that states the district’s election should proceed on Nov. 3 instead of being delayed until February.

The death of Legal Marijuana Now Party candidate Adam Weeks in late September triggered a state law that led to the postponement. According to Minnesota Secretary of State Steve Simon, state law dictates that a special election must be held on the second Tuesday in February if a major-party candidate dies within 79 days of Election Day. Legal Marijuana Now has major-party status because one of its nominees for a statewide office got at least 5% of the vote in a recent election.

Angie Craig sues secretary of state to not move election date for 2nd Congressional District

Craig argued the Minnesota law was unconstitutional because states do not have the authority to alter the date of a federal election.

"A February special election would have deprived the voters of the Second District of their seat at the table during a crucial period in Congress," Craig said in a statement.

Kistner says changing voting rules so close to the election could dramatically affect the outcome.

His campaign claimed that several voters have said they did not choose a candidate for the 2nd Congressional District because "they were told their vote would not be counted" on Nov. 3. Additionally, the campaign said it had canceled multiple ad buys because it was counting on a special election in February.