2nd District candidates campaign on two tracks

Two side by side portraits one of a woman and one of a man.
DFL U.S. Rep. Angie Craig (left) and Republican challenger Tyler Kistner.
Evan Frost | MPR News and Submitted

Democratic U.S. Rep. Angie Craig is campaigning full steam ahead to November’s election while Republican challenger Tyler Kistner has his sights on a February special election.

A court case prompted by the death of a third candidate will determine when the 2nd Congressional District’s voters decide who will represent them for the next two years. Craig filed the lawsuit Monday in federal court.

“What concerns me is the law as it is currently written would deprive Minnesotans of their seat at the table in what is clearly going to be a critical time in our country in 2021 when they deserve to have a voice,” Craig said Tuesday in an interview from Washington. “We’re moving forward with our general election campaign just as we’ve been doing for many, many months now.”

Kistner said in a news conference at the state Capitol Tuesday that Craig’s lawsuit is an attempt “to rewrite a bipartisan Minnesota law less than 40 days before an election.”

Create a More Connected Minnesota

MPR News is your trusted resource for the news you need. With your support, MPR News brings accessible, courageous journalism and authentic conversation to everyone - free of paywalls and barriers. Your gift makes a difference.

“The law is clear we’re going to a special election,” he said. 

Adam Weeks, the nominee of the Legal Marijuana Now Party, died about a week ago. Because his party is a major party in Minnesota, it triggered a 2013 state law that effectively suspends the upcoming election given that the death came so close to Election Day.

Instead, the law says there would be a special election in February and the marijuana party can replace its candidate for that.

Even if people mark their choice on already circulated ballots for November, as it stands now those won’t be tallied or certified for this race.

Craig and a voter in the district filed the lawsuit Monday seeking to maintain Nov. 3 as the election date. 

Her lawsuit, filed with the help of some big-name Democratic lawyers, argues that federal law governs the scheduling of a U.S. House election. They also say a vacancy in the office itself is different from a vacancy in the party nomination and elections are held all the time after the death of a candidate.

Craig is pushing people to vote. Her campaign commercials are airing frequently, including a new one Tuesday about expanded vocational training.

Kistner pulled down his TV ads last week and hasn’t said when they’ll resume.

Kistner said that while he’s gearing up for the February special election that doesn’t mean he’ll be slowing down between now and November. Kistner still plans to be out on the campaign trail, doing what he can to help other Republicans on the ballot.

“To say 2020 is ideal and to say a campaign in 2020 is ideal, as a Marine I’ve dealt with very, stressful chaotic situations, but like anything you adapt,” he said. 

He contends Craig is trying to avoid a special election because it would put the spotlight on that race alone.

Craig said she’s not sure why Kistner is committed to leaving the seat vacant for at least a month.

“The economy is on the line,” she said. “ When health care is on the line, doesn’t he want Minnesota to have a voice in those discussions?”

It’s hard to say with certainty when a court might rule or if that decision would be appealed. But Craig’s team has asked for an expedited hearing.