Correction and Clarification: The True Outcome of Benda v. Simon — And Why the Fight Just Got Sharper
Fellow Minnesotans,
Yesterday I published an article declaring the Minnesota Supreme Court’s November 12, 2025 decision in Benda for Common-Sense v. Anderson (A23-0302) a “landmark victory” and “game-changer” that ordered preservation of 2022 records and remanded the case for review of uncertified voting machines.
That characterization was wrong.
After re-reading the actual opinion I owe you the unvarnished truth:
Benda lost.
The Supreme Court affirmed the dismissal of the petition. No records were ordered preserved. No remand occurred. No ruling was made on the merits of wireless modems or uncertified equipment. The Court held the § 204B.44 claim moot because the 2022 election had already happened, and the separate Data Practices Act claims were never appealed to the Supreme Court at all.
I got it wrong, and I correct it publicly, immediately, and without reservation.
But here is where the story does not end — and why this loss actually hands election-integrity advocates powerful new tools for 2026.
What the Supreme Court Quietly Gave Us
1. They refused to lock in the harshest procedural trap
The Court of Appeals had ruled that every single candidate on the 2022 ballot had to be personally served or the case dies. The Supreme Court explicitly declined to adopt that rule as jurisdictional. That door is now wide open for cleaner, faster challenges in the future.
2. They issued a direct warning to district courts
The justices wrote: “We urge district courts to give petitions filed under section 204B.44 expeditious treatment” so these issues can be resolved before elections, not after. That is judicial language telling lower courts: stop slow-walking election cases.
3. They confirmed § 204B.44 is still a live weapon — if used early
The only reason the case was moot is because it was filed too late to stop the 2022 election. File the same evidence in March or April of 2026 and the outcome flips.
4. The modem and certification issues remain completely unresolved on the merits
The Court said nothing — zero — about whether Rice County (or any other county) broke the law by using machines with wireless modems. That question is still 100 % open.
The Real Wake-Up Call
The DFL and Secretary Simon wanted this case buried on a technicality. They almost succeeded.
Instead, the Supreme Court just handed every county auditor, every election judge, and every concerned citizen a roadmap:
• Find uncertified or non-compliant equipment now.
• File the § 204B.44 petition months before the 2026 election.
• Force the issue while courts still have time to act.
That is not defeat. That is a battle plan.
My Commitment — Stronger Than Yesterday
As your Republican candidate for Governor, I will not let this clarified loss slow us down for one second. In fact, it accelerates everything:
• Day One executive orders will require real-time certification reporting from every county.
• My administration will create a rapid-response election integrity strike team so citizens never again have to wait three years for an answer.
• We will push legislation closing every loophole the Supreme Court just highlighted — and we now know exactly where those loopholes are.
I got the score wrong yesterday. Today the scoreboard is crystal clear, and the clock is running.
The fight for verifiable, transparent, same-day elections in Minnesota is more alive than ever — because now we know precisely how to win it.
Thank you for holding me to the highest standard of accuracy. I needed the correction, and Minnesota needed the clarity.
Onward, stronger, and wide awake.
Rise, Minnesota — rise again! 💪🇺🇸
Phillip C. Parrish
Republican Candidate for Governor 2026
parrish4mn.com | @phillipcparrish on X
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