DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
164551P.pdf 09/12/2018 Muhammad Abdurrahman v. Mark Dayton
U.S. Court of Appeals Case No: 16-4551
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Murphy,
Circuit Judge]
Civil case - Minnesota Uniform Faithful Presidential Electors Act. This
opinion is issued by Chief Judge Smith and Judge Colloton under 8th Cir.
R. 47E. After the State of Minnesota appointed plaintiff as a presidential
elector in the 2016 presidential election, he attempted to vote for
candidates other than those to whom he was pledged and Minnesota deemed
him to have vacated his position and appointed a substitute elector.
Plaintiff then brought this action to have the Minnesota Uniform Faithful
Presidential Electors Act declared unconstitutional and to enjoin the
counting of the vote of the substitute elector. Held, the district court
properly dismissed the action as moot as Congress has counted the
Minnesota elector votes; the action is not saved by the mootness exception
for cases capable of repetition yet evading review; a party seeking to
claim the exception on the ground the time was too short to fully litigate
the claim must take advantage of legal avenues that would allow for
litigation within the necessary time, something plaintiff failed to do.