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The Minnesota Voters Alliance is suing to stop the city of Minneapolis from using an election grant from a private nonprofit group to offset its Election Day costs this year.
Minneapolis officials revealed last week that the city is being considered for a $2 million to $3 million grant from the Center for Tech and Civic Life in Chicago that could be used to make up a projected $1.4 million shortfall in the city’s budget for election operations.
This week, the Minnesota Voters Alliance stepped in to prevent that from happening.
The organization, which describes itself as a “nonpartisan organization focusing primarily on election integrity, research, voter education and advocacy,” filed a lawsuit against the city in U.S. District Court for the District of Minnesota on Sept. 24. Along with a handful of Minneapolis residents – Ronald Moey, Marissa Skaja, Charles R. Halverson and Blair L. Johnson — the alliance is asking the court to stop the city from using the election grant money.
The alliance and its lawyer, Erick G. Kaardal, argue that under the federal Constitution — specifically the elections clause — cities don’t have the power to accept grant money for use in administering federal elections. Only states and the federal government do, they say.
The National Voter Registration Act, the Help America Vote Act and Minnesota state law also deny cities the right to use private grants to cover election costs, the lawsuit says.
“The idea of the federal and state government exclusively funding federal elections is to eliminate undue influence and the appearance of undue influence by private parties,” Kaardal argues in the lawsuit. “CTCL’s private funding of federal elections re-introduces undue influence and the appearance of undue influence into federal elections — which is constitutionally impermissible.”
Minneapolis city leaders reportedly budgeted $6.4 million for all of this year’s elections, according to the Star Tribune, with $4.1 million of that intended to be spent on the general election.
The primary elections and a special election for the city’s Sixth Ward ended up costing $3.7 million, though. That left $2.7 million in the budget and a $1.4 million shortfall heading into the Nov. 3 Election Day.
City spokesman Casper Hill told the newspaper the Center for Tech and Civic Life grant money could cover the deficit and any leftover money would be saved for next year’s elections.
Costs for Election Day 2020 have gone up due to the need to hire additional election workers and take greater safety precautions ahead of an expectedly higher than normal voter turnout amid the ongoing coronavirus pandemic.
The Minnesota Voters Alliance lawsuit claims the Center for Tech and Civic Life, which “targets” cities with “progressive” voting records, has as its objective “turning out progressive votes.” Its money could be spent on “get out the vote” campaigns instead of through direct grants to fund the government’s election operations, the lawsuit said.
The alliance also filed a federal lawsuit against Gov. Tim Walz in August over his administration’s requirement that voters wear face masks indoors, including to the polls on Election Day, to help prevent the spread of COVID-19.
Minneapolis intends to fight the Alliance’s legal action, city attorney Jim Rowader said in a statement last week, the Star Tribune reported.
“Grant funds are being used by the city to increase ballot access to any voter who wants to safely cast a ballot during the COVID-19 pandemic,” the newspaper quoted Rowader as saying. “Our goal is to empower all voters regardless of their party affiliation.”
Local CBS affiliate WCCO reported on the lawsuit as well and noted the Center for Tech and Civic Life issued its own statement calling the legal action “frivolous.”
“This year, we’ve heard from countless election officials, from across the political spectrum, who simply don’t have the funding they need to provide a safe, secure voting process for their voters as a result of the COVID-19 pandemic,” the organization said. “In this moment of need, we feel so fortunate to be administering an open call grant program available to every local election department in every state in the union to ensure that they have the staffing, training, and equipment necessary so that this November every eligible voter can participate in a safe and timely way and have their vote counted.”
Voters Alliance chapters in other states, including Wisconsin and Pennsylvania, have filed similar lawsuits against cities on the receiving end of Center for Tech and Civic Life election grants — some going so far as to accuse the organization of bribery, according to the Associated Press.
Election Day costs have increased in many states and municipalities across the country as a result of the ongoing coronavirus pandemic — increases that were unforeseen and not budgeted for.
While the Trump administration and Senate Republicans have rejected aid packages proposed by House Democrats that include emergency funding for the states that could help to cover the unexpected costs, private entities have started stepping in with grants to try to make up the difference.
Along with the Center for Tech and Civic Life, Facebook founder Mark Zuckerberg has pledged $300 million in grants, though much of that is being funneled through the Center for Tech and Civic Life. The remainder is being distributed by the Center for Election Innovation and Research, according to The New York Times.
Are you concerned about your city’s ability to pay for the higher costs of this year’s election due to an expected increase in voter participation? Do you think cities should be able to accept private grants to help fund this year’s elections? Tell us about it in the comment section below.
The Minnesota Voters Alliance and individual plaintiffs are represented by Erick G. Kaardal, Special Counsel for Amistad Project of Thomas More Society, of Mohrman, Kaardal & Erickson PA.
The Minnesota Voters Alliance Election Grant Lawsuit is Minnesota Voters Alliance, et al. v. City of Minneapolis, Case No. 0:20-cv-02049-MJD-TNL, in the U.S. District Court for the District of Minnesota.
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