Tuesday, August 9, 2022

Minnesota: Two Harbors Mayor ousted in recall vote; Seemingly first recall ouster in state since at least 1996

Two Harbors Mayor Chris Swanson has been ousted in a recall vote, with early results showing more than 86% of the vote against him, 1149-180. This seems to be the first recall removal since Minnesota adopted a malfeasance standard recall in 1996 (a recall in Tracy in 2017 saw an official survive. Other officials have resigned in the face a recall vote). 

The recall was seemingly over claims that Swanson, in his second term, used a podcast to discuss an underwater hotel in Lake Superior, thereby using his title as mayor to attract investors, and plans to fund city projects with cryptocurrency. This was seen as using this for his own business dealings. Swanson, who was one of six Democratic mayors to back Trump in the 2020 election, recently admitted that he was sentenced to probation for sexual abuse as a teenager. 

Petitioners handed in 618 signatures and have 532 valids, they needed 498. 

Petitioners previously gathered signatures, claiming they had 970 signatures for the recall, but they pulled those petitions over a lawsuit that would have removed the anonymity for any signers. The suit sought to require the signatures be revealed. 

There was a separate suit by a Republican County official asking the recall to be tossed out over Minnesota's strict malfeasance standard/judicial recall rules, which has led nearly all petitions (but one!) that I've seen have been rejected at that stage. The City Attorney wrote an opinion that he used the position for personal benefit, which could allow them to overcome the malfeasance standard. Interesting provision in the charter -- if there are less than two years in the term, the council appoints a replacement. If there are more, than there is a special election. In this case, there will be a replacement appointed. A district court judge threw out an attempt to toss the recall. 


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