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27-CV-25-2808 <br />Filed in District Court <br />State of Minnesota <br />2/15/2025 12:08 PM <br />RESPONDENTS' ERRORS AND LEGAL BASIS FOR CORRECTION <br />63. For the reasons stated above and below, this Court should grant this petition <br />to correct Respondents' past and imminent errors and wrongful acts. <br />I. The Court Has Jurisdiction Over This Petition and the <br />Respondents, and This Petition Properly Proceeds Under Section <br />204B.44 and in This Court, Which Can Grant the Relief Requested. <br />64. Under Minn. Stat. § 204B.44(a)(4), the Court has jurisdiction to correct "any <br />wrongful act ... or error of any... municipal clerk... canvassing board ... or any other <br />individual charged with a duty concerning an election." <br />65. Minnesota Election Law, including section 20413.44, applies to whether a <br />municipal special election is validly held. Minn. Stat. § 412.02, subd. 2a; Order, Minn. <br />Voters All. v. Walz, No. A25-0017 (Minn. Jan. 17, 2025). <br />66. Petitioner Walsh is an "individual" who can bring suit under Minn. Stat. § <br />67. Respondent City of Orono, through its "governing body," the city council, is <br />charged with filling a vacancy, calling a special election "to fill a vacancy," and <br />canvassing the election results. Id.; Minn. Stat. §§ 205.10 (special election), 205.185, <br />subd. 3 (canvassing) & 412.02, subd. 2a (special election). <br />68. Respondent Lusian, as City Clerk, is statutorily required to notice and certify <br />special elections, Minn. Stat. § 412.151, subd. 1, and also is charged with the <br />administration of elections by the Orono City Code. Orono, Minnesota, City Code, <br />Title I, Chapter 2, Article IV, Section 2-145(b). <br />14 <br />69 <br />