Overby v. Simon

Background

Paula M. Overby proceeded without a lawyer and identified herself as the Legal Marijuana Now Party’s candidate for Minnesota’s Second Congressional District. She said she replaced Adam Weeks after his death on September 21, 2020.

Overby sought several forms of emergency relief: a declaration that Minnesota Statutes § 204B.13, the Minnesota Nominee Vacancy Statute, was consistent with federal law; an injunction preventing defendants from certifying the congressional election results until the statute’s constitutionality was decided; a declaration that Minnesota could hold a special election under the statute; an order requiring the Governor to call a February 2021 special election; and an order requiring the Secretary of State to register her candidacy.

Court’s analysis

The court stated that the requested relief concerning the Minnesota Nominee Vacancy Statute was inconsistent with its conclusions in an earlier related proceeding. In that proceeding, the court had issued a preliminary injunction, and the Court of Appeals and the Supreme Court had denied requests to pause that injunction. The Court of Appeals had stated that the statute was likely overridden by federal law. Relying on the reasons given in the court’s earlier order, the court denied Overby’s requested emergency relief concerning the statute.

For the requested order requiring registration of Overby’s candidacy, the court applied the four factors used for a preliminary injunction: likely success on the merits, irreparable harm, the balance of harms, and the public interest. The court said Overby did not address any of those factors or provide a legal basis supporting the requested injunction. It therefore concluded that she had not met her burden to obtain that relief.

Disposition

The court ordered that Overby’s motion for a preliminary injunction, docketed as Docket 29, was DENIED. This order addressed the preliminary-injunction motion; the opinion text does not state a final disposition of the underlying case.