CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 10/27/2023 1

Whether a State Can Delay 

a Congressional Election When a Candidate Dies 

Craig v. Simon (0:20-cv-2066) and Overby v. Simon 

(0:20-cv-2250) (Wilhelmina M. Wright, D. Minn.) 

A congressional candidate died shortly before the election, and Minnesota’s law specified that the election would be delayed from November to February. A district judge granted the incumbent an injunction against a delay of the election. 

Subject: Election dates. Topics: Enjoining elections; 

intervention; interlocutory appeal; pro se party; case assignment; 

party procedures. 

A member of Congress running for reelection in Minnesota and a voter filed 

a federal complaint in the District of Minnesota on September 28, 2020, challenging a Minnesota statute that would postpone the candidate’s election from 

November 3 to February 9, 2021, because an opposing candidate—Adam 

Weeks, the Legal Marijuana Now Party’s nominee—died on September 21.1

On September 29, the plaintiffs filed a motion for a preliminary injunction.2

Judge Wilhelmina M. Wright set the case for a telephonic hearing on October 7, providing contact information for the call in the public docket sheet.3

Judge Wright added to the hearing’s agenda consideration of a motion by the 

Republican nominee to intervene in opposition to the suit.4

 The judge began 

the telephonic hearing with several reminders, including instructions that 

speakers identify themselves every time they speak and that no one may record 

or broadcast the hearing.5

Judge Wright granted intervention and granted the plaintiffs relief on October 9.6

 Minnesota’s statute conflicted with federal law on the election of 

1. Complaint, Craig v. Simon, No. 0:20-cv-2066 (D. Minn. Sept. 28, 2020), D.E. 1; Craig v. 

Simon, 493 F. Supp. 3d 773, 778–79 (D. Minn. 2020); see Jessie Van Berkel, Craig Sues Over 

Election Delay in U.S. House Race, Minneapolis Star Trib., Sept. 29, 2020, at 2B. 

“Minnesota law accords ‘major’ party status to the [Legal Marijuana Now] Party because 

the party’s candidate for state auditor received at least five percent of the statewide vote in 

2019.” Craig v. Simon, 978 F.3d 1043, 1045 (8th Cir. 2020). 

2. Preliminary-Injunction Motion, Craig, No. 0:20-cv-2066 (D. Minn. Sept. 29, 2020), D.E. 

14; Craig, 493 F. Supp. 3d at 778–79. 

3. Briefing Schedule, Craig, No. 0:20-cv-2066 (D. Minn. Sept. 29, 2020), D.E. 21; Docket 

Sheet, id. (Sept. 28, 2020) [hereinafter Craig Docket Sheet] (D.E. 22); see Minutes, id. (Oct. 7, 

2020), D.E. 48; Notice, id. (Oct. 1, 2020), D.E. 38. 

4. See Notice, id. (Oct. 1, 2020), D.E. 36; Intervention Brief, id. (Sept. 30, 2020), D.E. 26; 

Intervention Motion, id. (Sept. 30, 2020), D.E. 24; see also Jessie Van Berkel, Timing Matters 

for Craig vs. Kistner, Minneapolis Star Trib., Oct. 6, 2020, at 1B. 

5. Transcript at 4–7, Craig, No. 0:20-cv-2066 (D. Minn. Oct. 7, 2020, filed Oct. 30, 2020), 

D.E. 64. 

6. Craig, 493 F. Supp. 3d 773; see Craig Docket Sheet, supra note 3 (order denying a stay, 

D.E. 60). 
Whether a State Can Delay a Congressional Election When a Candidate Dies 

2 Federal Judicial Center 10/27/2023 

members of Congress, and the death of a candidate did not create a vacancy 

requiring a special election.7

On October 23, the court of appeals denied the Republican candidate a 

stay of Judge Wright’s injunction.8

 “It is an open question whether a State may 

refuse to certify results of an election for United States Representative based 

on a natural disaster, death of a candidate, or other event beyond the State’s 

control.”9 “But it is unlikely that federal law allows Minnesota to cancel the 

election on account of Week’s death and to select a new date in February 2021 

to fill a vacancy caused by the cancellation.”10

On October 29, a pro se complaint filed in the District of Minnesota sought 

an order recognizing the Legal Marijuana Now Party’s selection of the plaintiff 

as Week’s replacement on the ballot.11 The court assigned the case to Judge 

Wright as related to the earlier filed case.12 She denied immediate relief on November 2, finding the plaintiff’s case inadequately briefed.13

The deceased candidate received 6% of the vote on November 3, and the 

plaintiff candidate came in first with 48%.14 On November 20, the court of appeals affirmed Judge Wright’s injunction: “Federal law establishes a uniform 

date for congressional elections.”15 Judge Wright approved a stipulated dismissal of the case on February 4, 2021.16

Meanwhile, the pro se plaintiff’s efforts to keep her case alive were unsuccessful. A motion for a declaratory order dated September 30, 2020, but filed 

on November 217 resulted in an order to show cause why the motion was not 

mooted by Judge Wright’s November 2 ruling.18 Judge Wright denied the motion for failure to respond to the show-cause order.19 In December, Judge 

7. Craig, 493 F. Supp. 3d 773.

8. Craig v. Simon, 978 F.3d 1043 (8th Cir. 2020); see Jessie Van Berkel, Appeals Court Rules 

for Rep. Craig, Minneapolis Star Trib., Oct. 24, 2020, at 3B. 

The appeal was heard by videoconference on November 13, 2020. Docket Sheet, Craig v. 

Simon, No. 20-3126 (8th Cir. Oct. 13, 2020). 

9. Craig, 978 F.3d at 1049. 

10. Id. at 1050. 

11. Complaint, Overby v. Simon, No. 0:20-cv-2250 (D. Minn. Oct. 29, 2020), D.E. 1; see

Amended Complaint, id. (Nov. 2, 2020), D.E. 31; see also Order, id. (Nov. 3, 2020), D.E. 37 

(granting permission for the pro se plaintiff to file electronically). 

12. Order, Craig v. Simon, No. 0:20-cv-2066 (D. Minn. Oct. 30, 2020), D.E. 65. 

13. Opinion, Overby, No. 0:20-cv-2250 (D. Minn. Nov. 2, 2020), D.E. 30, 2020 WL 

6438621; see also Opinion, id. (Nov. 2, 2020), D.E. 27, 2020 WL 6391287 (allowing plaintiffs 

in the other case to intervene). 

14. Craig v. Simon, 980 F.3d 614, 617 (8th Cir. 2020); see Jessie Van Berkel, Craig Is ReElected in Second District, Minneapolis Star Trib., Nov. 6, 2020, at 2B. 

15. Craig, 980 F.3d at 617–18. 

16. Dismissal Order, Craig, No. 0:20-cv-2066 (D. Minn. Feb. 4, 2021), D.E. 87 (dismissing 

the case without prejudice). 

17. Motion, Overby, No. 0:20-cv-2250 (D. Minn. Sept. 30, 2020, filed Nov. 2, 2020), D.E. 

32. 

18. Docket Sheet, id. (Oct. 29, 2021) (D.E. 34). 

19. Id. (D.E. 39). 
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Wright denied a motion seeking relief from the failure to show cause.20 On 

June 21, 2021, Judge Wright granted with prejudice a dismissal motion.21

20. Order, id. (Dec. 2, 2020), D.E. 48; see Motion, id. (Nov. 13, 2020), D.E. 40. 

21. Opinion, id. (June 21, 2021), D.E. 55, 2021 WL 2529920.