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Chief justice dismisses effort to recall MN Gov. Tim Walz

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A petition seeking to recall Minnesota Gov. Tim Walz for his response to the COVID-19 pandemic has been dismissed.

In an order issued by the Minnesota Supreme Court Tuesday, Chief Justice Lorie Gildea ruled that the governor’s conduct as outlined in the petition did not meet the legal standard necessary to prove malfeasance, which was necessary for the petition to move forward.

The crux of the petition was that Walz exceeded his authority when he issued the stay-at-home order in response to the spreading novel coronavirus, specifically stating that his decision, which regulated “all commerce and intercourse within the State of Minnesota” failed to involve the cooperation of the U.S. president, federal agencies or other agencies in the state.

In explaining her ruling, Gildea said she did not need to decide whether Walz did or didn’t have the authority to issue the executive order, but rather if he committed malfeasance.

The legal definition of malfeasance has five elements, Gildea explained. It must include: An intentional act; an act that is unlawful or wrongful; an act in the performance of the officer’s duties; an act substantially outside the scope of the authority of the officer; and, finally, one that substantially infringes on the rights of any person or entity.

The petition failed to meet the second element, Gildea said, noting that she didn’t need to consider the third, fourth and fifth elements because they were moot at that point.

Specifically, Gildea wrote that the proposed petition did “not allege facts” that the stay-at-home order was “contrary to a legal standard established by law, rule or case law,” therefore it was not a “unlawful or wrongful” act.

The proposed petition was filed by 32 registered voters in the state. The majority listed Lake Crystal, Mankato, New Brighton, White Bear Lake or Woodbury as their city of residence. Three petitioners said they were from St. Paul.


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