AG Ellison Sues MN Judge Who Banned Felons On Probation From Voting

BENTON COUNTY, MN — Minnesota Attorney General Keith Ellison on Friday filed lawsuits against a judge who banned non-incarcerated felons from voting, ignoring the state's newly enacted "Restore the Vote" law.

In at least six cases this month, Mille Lacs County District Court Judge Matthew Quinn sentenced people convicted of felonies to probation.

Along with those sentences, Quinn issued orders that declared the Restore the Vote Act unconstitutional and barred the felons from exercising their right to vote, according to Ellison's office.

Passed by Democrats last spring, the Restore the Vote Act states that a person with a felony conviction "has the civil right to vote restored during any period when the individual is not incarcerated for the offense."

Previously, non-incarcerated felons could only receive their voting rights back in Minnesota once they completed probation.

"Judicial restraint and respect for the separation of powers are essential principles of our justice system. When either of those principles is violated, Minnesotans lose trust in the system — and Judge Quinn has violated both principles," Ellison said in a statement.

"I support a writ of prohibition as the best option for quickly keeping Judge Quinn from further violating our justice system and Minnesotans’ trust."

Secretary of State Steve Simon backed Ellison's legal challenges, adding that "We cannot allow for any distortion of the rules for voter eligibility in Minnesota."

Two of the people Quinn banned from voting have since filed for a writ of prohibition at the Minnesota Court of Appeals, a legal maneuver for when a district court exceeds its authority.

On Thursday, Ellison intervened in those cases and filed memorandums in support of the writs of prohibition.

According to Ellison, Quinn abused his authority in ruling the Restore the Vote law unconstitutional because:

• Voting rights are not up for debate in criminal sentencing. Only the Minnesota Legislature decides when the right to vote may be restored.
• Courts are supposed to decide the issues that parties raise, they are not supposed to independently raise and decide issues on their own, as Quinn did
• Judges are to presume laws are constitutional
• When the constitutionality of a law is challenged, the Attorney General must be notified and be given a chance to defend the law
• The Restore the Vote Act is not unconstitutional

Find the four documents Ellison’s office has filed at the Court of Appeals below:

• Notice of Intervention in In Re April Sky Weyaus vs. State of Minnesota
• Memorandum Supporting Writ of Prohibition in In Re April Sky Weyaus
• Notice of Intervention in In Re Emilio Andres Trevino vs. State of Minnesota
• Memorandum Support Writ of Prohibition in In Re Emilio Andres Trevino vs. State of Minnesota

Patch has reached out to the Minnesota Judicial Branch for comment.