ST. PAUL -- Ballots went out today listing a Duluth lawmaker who tried to withdraw from re-election following revelations that he had a sexual encounter with a teenager.
Minnesota Democrats and write-in House candidate Erik Simonson sued the St. Louis County auditor and the Minnesota Secretary of State last week to try to get Simonson's name on the ballot and current Rep. Kerry Gauthier's name dropped.
However, the state Supreme Court has remained silent on whether it would consider the petition.
Democrats said they will continue to conduct a write-in campaign for Simonson.
"Until we hear the from the Minnesota Supreme Court, we will continue to proceed as planned with the write-in campaign for DFL-endorsed candidate Erik Simonson," said party spokeswoman Kate Monson. "Simonson is a proven leader who is working hard to earn the support of the people of Duluth, and we are confident that he can succeed in November regardless of the outcome of our petition."
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Write-in candidates generally have a tougher time winning an election than those whose names are printed on the ballot. In its search of state election history, the Minnesota Legislative Reference Library said it found no record of a successful write-in candidate for state Legislature.
Gauthier sought to withdraw from the race after news surfaced of a July rest stop sexual encounter with a 17-year-old male. But it was far past the candidate withdrawal deadline state law establishes.
St. Louis County Auditor Don Dicklich said his office waited as long as possible for the court decision before mailing the first ballots today. His office sent out overseas absentee ballots to meet state and federal deadlines, including 28 ballots in District 7B, he said.
DFLers in District 7B revoked Gauthier's endorsement during a Sept. 8 convention and nominated Simonson, who is filed as a write-in candidate. Since the deadline has passed, court action was Simonson's only hope to be listed alongside Republican candidate Travis Silvers.
Duluth City Councilor Jay Fosle also has filed as a write-in candidate.
On Sept. 14, Simonson and Minnesota Democrats asked the Supreme Court to order the new candidate's name be printed on the ballot.
"Voters in Minnesota House District 7B should have the same right as every Minnesotan: to vote using a ballot which includes the major party candidates actually running for office," the party told the court's justices.
Generally, the high court would announce that it will consider a case, then ask for written paperwork from both sides before inviting the attorneys to make oral arguments. None of that happened by Friday's deadline and court officials will not comment on the petition, giving no indication on whether action still is possible.
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Duluth News Tribune reporters John Myers and Brandon Stahl contributed to this story.
