| Minnesota State-Wide Race |
“Power tends to corrupt, and absolute power
corrupts absolutely.” Lord Acton
corrupts absolutely.” Lord Acton
Letter from Dan...
Dear Minnesota Voters,
Do people care about Judges? I have traveled throughout the state of Minnesota talking to the
people of this state about judicial accountability. Most people are completely frustrated when it comes to
voting for their judges. They want to know what’s going on! They care because judges have a great
impact on our lives and freedoms! One only needs look at the state of California to understand the impact
the judicial branch can have on not only a state, but on our entire country.
So why don’t we know what’s going on? The judicial branch controls the rules for their own
elections and one of their rules (Canon 5) largely kept the voters ignorant of their judges. That rule was
finally struck down as UNCONSTITUTIONAL by the US Supreme Court in 2002, which is why voters
are finally able to receive information about judicial candidates so they can vote intelligently.
Shortly after this ruling a movement began to take away our right to vote by the Quie Commission,
Justices of the Minnesota Supreme Court, and a faction in the state bar association. They are promoting a
plan to take away our right to choose our judges and instead give that right to just one person—the
Governor. That is not democracy.
A little background on electing judges: Our forefathers specifically rejected the appointment
method. They believed we the people were and are smart enough to elect our judges and reasoned that
the right to vote is the only real way of holding our leaders accountable for their actions. Therefore, our
MN Constitution states judges…“shall be elected by the voters from the area they are to serve.” (MN
Constitution Article VI Sec. 7) In other words, we are supposed to elect our judges. They are not
supposed to be appointed.
Built in Advantages for the Incumbent:
1) Election Rules—The Judicial branch controls the rules for their own elections. One of those rules
(Canon 5) greatly restricted the information available to the voters about judicial candidates by restricting
what the candidates could say.
2) Incumbent Tag—Capitalizing on voter ignorance, Judges are the only public office holders who have the
tag “incumbent” next to their names. Generally, voters will choose the incumbent if they do not know
about the candidates.
3) Fundraising—for some reason the $100 (per household) state reimbursement to encourage grass root
support for public office candidates applies to nearly every state office except judicial candidates.
4) Making a rule out of the exception—All judges in MN are supposed to be elected. They get around that
requirement by using an exception in our Constitution that gives the Governor the power to appoint a
successor if the office holder does not complete their term. The appropriate use of that power is when
someone unexpectantly vacates their office like when Senator Wellstone tragically passed away. Judges,
however, make a practice of vacating their office before their term expires so their successor is appointed
preventing our right to be involved in the selection of our judges.
5) Skip the Election—The newly appointed judge also gets to skip over the first election they should face if
they are appointed within the last year of their predecessor’s term and then run as the incumbent in the
next election.
Merit Selection or Political Favors? One group that wants to take away our right to vote for our
judges’ wrote, “. . . It is important that judicial candidates not be high-jacked by political agendas or highly financed
campaigns whose contributors expect favors in return.” What? In 2006 I ran a statewide race and I received just
under 44% of the vote with only $5000. And consider this excerpt from an article announcing the
Governor’s appointment of his campaign attorney:
In fact an Appellate Court Judge who was up for election this November 4th chose to retire in September,
2008 so the Governor could appoint his successor preventing the voters from choosing their
representative on the court. Is this a good idea? This is not what Abraham Lincoln meant when he spoke
the words, “. . .that government of the people, for the people, and by the people, should not perish from
the earth.”
What is the Retention Vote? The real alarming thing about the Quie commission’s proposal is how
they plan to get rid of judges they do not like. They suggest the Governor (a partisan politician) appoint a
committee that will decide who is a good judge and who is not and then put the “bad” judge up for a
“retention” vote. The hapless judge will be on the ballot with the word “unsuitable” by his/her name.
NOTE: We the people do not get to vote FOR anyone. We can only vote AGAINST a judge this
committee considers unsuitable, which would create an open seat for the same Governor to choose the
replacement judge.
What about partisan politics and special interests? I’m running to serve the people of
Minnesota and they’re my special interest! They vote for school board members, county commissioners,
mayors, state senators, representatives and our Governor. Why is it they are suddenly incapable to vote
for their judges? We all want to keep politics and special interest money out of judicial selection
and giving the power to appoint all our judges to one partisan politician who accepts special
interest money—the Governor—is not going to do it. Even if you like the current Governor and who
they may appoint doesn’t mean you’ll like the next Governor and who they might appoint.
Our vote is our most fundamental right in a democracy! I spoke with hundreds of everyday
men and women who want to know about their judges and cast an informed vote. Teri the home
schooling mom, Chaplin Dan, Professor Nancy, Pastor Dave, Bus Driver Larry, High School Teacher
John, Doctor Steve, Fitness Business Owner Shannon, Mill Worker Jeff, Nurse Diane, Lawyer Tim, Army
Sergeant Eric, Hair Stylist Stacey, State Representative Laura, and Doug the “Sign Master” who covers the
state with hundreds of signs because he is passionate about people and wants others to have a voice too.
ALL people given enough information want to know what’s going on and want to keep their right to
choose their leaders, including their judges.
If judges are unaccountable to the people then they are like nobles. What does that
make us? Judges are public servants with power, and as such need to be accountable to the public to
check that power. Lord Acton stated, “Power tends to corrupt and absolute power corrupts absolutely.”
Abraham Lincoln noted, “Nearly all men can stand adversity, but if you want to test a man's character,
give him power.”
It is an elitist perspective that we are not smart enough or capable enough to vote for our judges. The
people who want to take away our right to vote try to scare us by showing examples in other states where
corruption has occurred. I am certainly not backed by special interest groups or insider politics. I am
backed by the people of this state who want to keep judges accountable and keep our right to vote!
Our first Chief Justice of the MN Supreme Court said, "If the people are incapable of selecting their
judges, then they are also incapable of selecting the man who is to appoint the judges."
Judges do not need to be independent from the people. They need to be independent from partisan
politics and accountable to the people.
History will be made. If I win a position on the Appellate Court this November 4, 2008 it would be
the first time in our state’s history that the voters of Minnesota selected one of their judges for this Court
rather than having that judge first selected by the Governor through appointment. All judges on the
appellate court have been first appointed. Even when appointees have been challenged, an appellate
court judge has never lost when up for re-election. Ever.
Do people care about Judges? I have traveled throughout the state of Minnesota talking to the
people of this state about judicial accountability. Most people are completely frustrated when it comes to
voting for their judges. They want to know what’s going on! They care because judges have a great
impact on our lives and freedoms! One only needs look at the state of California to understand the impact
the judicial branch can have on not only a state, but on our entire country.
So why don’t we know what’s going on? The judicial branch controls the rules for their own
elections and one of their rules (Canon 5) largely kept the voters ignorant of their judges. That rule was
finally struck down as UNCONSTITUTIONAL by the US Supreme Court in 2002, which is why voters
are finally able to receive information about judicial candidates so they can vote intelligently.
Shortly after this ruling a movement began to take away our right to vote by the Quie Commission,
Justices of the Minnesota Supreme Court, and a faction in the state bar association. They are promoting a
plan to take away our right to choose our judges and instead give that right to just one person—the
Governor. That is not democracy.
A little background on electing judges: Our forefathers specifically rejected the appointment
method. They believed we the people were and are smart enough to elect our judges and reasoned that
the right to vote is the only real way of holding our leaders accountable for their actions. Therefore, our
MN Constitution states judges…“shall be elected by the voters from the area they are to serve.” (MN
Constitution Article VI Sec. 7) In other words, we are supposed to elect our judges. They are not
supposed to be appointed.
Built in Advantages for the Incumbent:
1) Election Rules—The Judicial branch controls the rules for their own elections. One of those rules
(Canon 5) greatly restricted the information available to the voters about judicial candidates by restricting
what the candidates could say.
2) Incumbent Tag—Capitalizing on voter ignorance, Judges are the only public office holders who have the
tag “incumbent” next to their names. Generally, voters will choose the incumbent if they do not know
about the candidates.
3) Fundraising—for some reason the $100 (per household) state reimbursement to encourage grass root
support for public office candidates applies to nearly every state office except judicial candidates.
4) Making a rule out of the exception—All judges in MN are supposed to be elected. They get around that
requirement by using an exception in our Constitution that gives the Governor the power to appoint a
successor if the office holder does not complete their term. The appropriate use of that power is when
someone unexpectantly vacates their office like when Senator Wellstone tragically passed away. Judges,
however, make a practice of vacating their office before their term expires so their successor is appointed
preventing our right to be involved in the selection of our judges.
5) Skip the Election—The newly appointed judge also gets to skip over the first election they should face if
they are appointed within the last year of their predecessor’s term and then run as the incumbent in the
next election.
Merit Selection or Political Favors? One group that wants to take away our right to vote for our
judges’ wrote, “. . . It is important that judicial candidates not be high-jacked by political agendas or highly financed
campaigns whose contributors expect favors in return.” What? In 2006 I ran a statewide race and I received just
under 44% of the vote with only $5000. And consider this excerpt from an article announcing the
Governor’s appointment of his campaign attorney:
In fact an Appellate Court Judge who was up for election this November 4th chose to retire in September,
2008 so the Governor could appoint his successor preventing the voters from choosing their
representative on the court. Is this a good idea? This is not what Abraham Lincoln meant when he spoke
the words, “. . .that government of the people, for the people, and by the people, should not perish from
the earth.”
What is the Retention Vote? The real alarming thing about the Quie commission’s proposal is how
they plan to get rid of judges they do not like. They suggest the Governor (a partisan politician) appoint a
committee that will decide who is a good judge and who is not and then put the “bad” judge up for a
“retention” vote. The hapless judge will be on the ballot with the word “unsuitable” by his/her name.
NOTE: We the people do not get to vote FOR anyone. We can only vote AGAINST a judge this
committee considers unsuitable, which would create an open seat for the same Governor to choose the
replacement judge.
What about partisan politics and special interests? I’m running to serve the people of
Minnesota and they’re my special interest! They vote for school board members, county commissioners,
mayors, state senators, representatives and our Governor. Why is it they are suddenly incapable to vote
for their judges? We all want to keep politics and special interest money out of judicial selection
and giving the power to appoint all our judges to one partisan politician who accepts special
interest money—the Governor—is not going to do it. Even if you like the current Governor and who
they may appoint doesn’t mean you’ll like the next Governor and who they might appoint.
Our vote is our most fundamental right in a democracy! I spoke with hundreds of everyday
men and women who want to know about their judges and cast an informed vote. Teri the home
schooling mom, Chaplin Dan, Professor Nancy, Pastor Dave, Bus Driver Larry, High School Teacher
John, Doctor Steve, Fitness Business Owner Shannon, Mill Worker Jeff, Nurse Diane, Lawyer Tim, Army
Sergeant Eric, Hair Stylist Stacey, State Representative Laura, and Doug the “Sign Master” who covers the
state with hundreds of signs because he is passionate about people and wants others to have a voice too.
ALL people given enough information want to know what’s going on and want to keep their right to
choose their leaders, including their judges.
If judges are unaccountable to the people then they are like nobles. What does that
make us? Judges are public servants with power, and as such need to be accountable to the public to
check that power. Lord Acton stated, “Power tends to corrupt and absolute power corrupts absolutely.”
Abraham Lincoln noted, “Nearly all men can stand adversity, but if you want to test a man's character,
give him power.”
It is an elitist perspective that we are not smart enough or capable enough to vote for our judges. The
people who want to take away our right to vote try to scare us by showing examples in other states where
corruption has occurred. I am certainly not backed by special interest groups or insider politics. I am
backed by the people of this state who want to keep judges accountable and keep our right to vote!
Our first Chief Justice of the MN Supreme Court said, "If the people are incapable of selecting their
judges, then they are also incapable of selecting the man who is to appoint the judges."
Judges do not need to be independent from the people. They need to be independent from partisan
politics and accountable to the people.
History will be made. If I win a position on the Appellate Court this November 4, 2008 it would be
the first time in our state’s history that the voters of Minnesota selected one of their judges for this Court
rather than having that judge first selected by the Governor through appointment. All judges on the
appellate court have been first appointed. Even when appointees have been challenged, an appellate
court judge has never lost when up for re-election. Ever.
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Ventura was Minnesota’s only recent governor not to appoint close associates to the state
judiciary. Arne Carlson gave judgeships to his CHIEF OF STAFF, a CAMPAIGN
ATTORNEY, his SISTER-IN-LAW and HIS ATTORNEY IN THE GOVERNOR’S
OFFICE. Rudy Perpich, Carlson predecessor, named one of his former commissioners to
the Supreme Court and his CAMPAIGN MANAGER to the district bench.
judiciary. Arne Carlson gave judgeships to his CHIEF OF STAFF, a CAMPAIGN
ATTORNEY, his SISTER-IN-LAW and HIS ATTORNEY IN THE GOVERNOR’S
OFFICE. Rudy Perpich, Carlson predecessor, named one of his former commissioners to
the Supreme Court and his CAMPAIGN MANAGER to the district bench.