12/12/11 Last fundraiser For 2011

Dear liberty friends,

The people of Minnesota worked tirelessly in 2010 to elect conservative Republicans in Minnesota and won control of both chambers of the Legislature (the Senate for the first time in over 40 years) with three directives from the people of the state;

•Cut state spending

•Reduce the scope of government

•Appropriately re-district

All three directives failed. Minnesota has a 15% larger budget, increased intrusive government and the subject of this communication a re-districting process illegally proceeding through the Minnesota Supreme Court.

The Minnesota Constitution specifically prohibits judiciary participation, in fact prohibits executive participation, and required the legislature to finalize and pass re-districting prior to the end of 2011 session* (May 23, 2011) then, as needed, prohibit judicial and Executive meddling.

Similarly, to the last two re-districting processes, every protective checks and balances established by “We the People” under our state constitution has failed in 2011; leaving our system of state government in total constitutional anarchy around the issue of re-districting. Sadly, most people of Minnesota are clueless to this reality.

Simultaneously, both the GOP and DFL were filing multiple court challenges and rebuttals in both federal and state courts in January 2011 when the Minnesota Legislature convened to process re-districting in Minnesota among other constitutional obligations. The Minnesota GOP controlled legislature failed to protect the re-districting plans completed during the 2011 Legislative Session by allowing the Governor to veto the plan under a 1970’s illegal reinterpretation of the Minnesota Constitution by the courts. Re-districting is a constitutional function of the Legislature and not a bill subjected to a Governor’s veto**. In August 2011, I chose to challenge the failures of our legislature and super-imposed involvement of the Minnesota Supreme Court and I submitted an amicus curie brief directing the Minnesota Supreme Court to adhere to the strict reading of the Minnesota Constitution on judicial participation in re-districting and excuse their participation.

Minnesota Republican connected and conservative organizations as plaintiffs in the case filed a rebuttal to my amicus curie brief. On September 12, 2011, the Minnesota Supreme Court, agreeing to the Constitutional power of Legislature to re-district, proceeded to sight multiple court opinions and rulings to justify their conclusion; the courts have constitutional powers for re-districting and rejected my amicus curie.

My challenge to the judicial participation in re-districting is just one example of my commitment to Constitutional government. I ask for your financial support to aid our efforts to win the Minnesota House 50A seat in 2012. I made a commitment to not accept public campaign subsidies. While I believe this is the right thing to do, it also means that our campaign must rely entirely on the contributions of individuals. Please take a moment and send your 2011 end of year campaign donation today. Every $10, $25, $50 or $100 donation gets us one step closer to ensuring a true conservative, constitutional representative will be in the Minnesota House in 2012. 

  

Contributions are accepted at:

Tim Utz for Minnesota House 2012

4141 Stinson Blvd. NE

Columbia Heights, MN 55421

Or on line at:

http://www.timutzforhouse.com/donate.htm

Sincerely,

Timothy Utz

Candidate MN House in 2012

*MN Constitution Article 4

Sec. 3. Census enumeration apportionment; congressional and legislative district boundaries; senate districts. At its first session after each enumeration of the inhabitants of this state made by the authority of the United States, the legislature shall have the power to prescribe the bounds of congressional and legislative districts. Senators shall be chosen by single districts of convenient contiguous territory. No representative district shall be divided in the formation of a senate district. The senate districts shall be numbered in a regular series.

**MN Constitution Article 4

Sec. 24. Presentation of orders, resolutions, and votes to governor. Each order, resolution or vote requiring the concurrence of the two houses except such as relate to the business or adjournment of the legislature shall be presented to the governor and is subject to his veto as prescribed in case of a bill.