STATE OF MINNESOTA

IN SUPREME COURT

CASE TITLE: PETITION FOR DECLARATORY JUDGMENT

AND INJUNCTIVE RELIEF TO CORRECT
WRONGFUL ACT IN AN ELECTION
Phyllis Kahn,

Petitioner, OFF-ICE OF
APPELLATE COURTS
v.
JUL 0 7 2014
Casey Carl, Minneapolis City Clerk and
Fadumo Yusuf, Minneapolis Election Judge, FILED
Respondents

TO: The Supreme Court of the State of Minnesota:

The above-named petitioner hereby petitions the Supreme Court pursuant to Minn. Stat.
§204B.44 for declaratory judgment and injunctive relief to correct the wrongful acts of an
election judge and city clerk.

1. Statement of facts necessary for an understanding of the issues presented.

Petitioner Phyllis Kahn (Kahn) resides in the City of Minneapolis and currently is a
candidate in District 60B for a seat in the Minnesota House of Representatives. Kahn has
held this seat for a number of years but this year is facing a challenge to run for the seat
by another candidate of her same party. Her opponent is Mohamud Noor. The ultimate
candidate for the November election will be decided by the primary election to be held on
August 12, 2014.

Respondent Fadumo Yusuf (Yusuf) serves as election judge for the City of Minneapolis
and Respondent Casey Carl (Carl) is the Minneapolis City Clerk charged with overseeing
that the election process.

On Friday, June 27, 2014, a resident of District 60B was at City Hall voting in the
primary electionand being assisted in the voting by her adult son Mubashir Jeilani
(Jeilani). On that date, Yusuf went up to the woman and Jeilani and inquired in Somali
whether the woman was voting for "our Somali Brother" or "the old Jewish lady." See
Affidavit of Mubashir Jeilani, Exhibit A.

Mohammed Jama (Jama), a registered voter and a resident of District 60B was also at
City Hall on June 27, 2014. Jama observed Yusuf engage in similar conduct with other
1
 voters. See Affidavit of Mohammed Jama, Exhibit B. Jama states that Yusuf made
additional references to Kahn as "the old Jewish lady" to several voters and also that
Yusuf appeared to be acting as a supporter of Kahn's opponcnt, Mohamud Noor.

Michael Molzahn (Molzahn) is a volunteer for Kahn's campaign. He does not speak
Somali. He reports that on June 27, 2014, he observed the conduct of Carl, Yusuf and
Ilhan Omar (Omar) which appeared to be interfering with an elderly gentlemen's attempt
to vote. Molzahn noted that Omar, who is a known Noor supporter, repeatedly
approached the voter and communicated with Yusuf, in apparent violation of election
law, while this elderly man tried to vote. See Affidavit of Michael Molzahn, Exhibit C.

Kahn has many supporters in Minneapolis's East African Community. Many people have
already voted by early absentee ballot in this district.

Beginning early on Friday, June 27, 2014, the Kahn campaign advised the City Clerk's
office of Yusuf s conduct. Throughout the last week, the Kahn campaign has requested
that these concerns about the fairness of the election be reviewed. The Kahn campaign
has asked that Yusuf not be allowed to contact voters. It is believed that the City is
investigating the allegations against Yusuf. Nonetheless, Yusuf remains an election
judge and is working at City Hall today in that capacity. In fact, the Kahn campaign has
been advised just today another complaint against Yusuf has been filed with the City
Clerk's office as Yusuf has continued to act improperly with respect to this election,

2. Statement of the issues.

a. Did Yusuf violate the election judge's oath, Minn. Stat. § 204B.24 by making this
statement and attempting to create an advantage for a candidate for office?

b. Did Yusuf violate Minn. Stat. §204C.15, subd. 1, by attempting to persuade or induce
a voter to vote for a particular candidate?

c. Has Carl failed to properly supervise the election judges he has appointed pursuant to
Minnesota election law and his duty as the chief election official?

3. Argument and request for relief.

An election judge takes an oath before assuming the duties of office which provides, in
pertinent part:

"I will perform my duties in a fair and impartial manner and not attempt to create
an advantage for my party or for any candidate."

Minn. Stat. §204B.24. Any individual who serves as an election judge in violation of any
of the provisions of Minn. Stat. §§ 204B.19 to 204B.25 is guilty of a misdemeanor.
Minn. Stat. § 204B.26. In addition to the provisions in Minn. Stat. ch. 204B, Minn. Stat.
ch. 204C which governs election day activities, prohibits an election judge from

2
 persuading, inducing or attempting "to persuade or induce the voter to vote for any
particular political party or candidate." Minn. Stat. § 204C.15, subd. 1.

It is Kahn's position that Yusuf has violated not only the oath she took as an election
judge but also Minn. Stat. §204C.15, subd.1 by attempting to influence individual voters
to vote for a "Somali Brother" rather than "the old, Jewish lady."' Yusuf committed
"wrongful acts";2 her actions must be addressed immediately.

Kahn requests that the court declare that Yusuf has violated her oath as an election judge
and that Yusuf be removed immediately and permanently from this position. Kahn also
requests that Carl be directed to adhere strictly to all election procedures in this election.
Specifically, Carl must insure that any election judge he appoints is not using his/her
office to promote any specific candidate. Carl must ensure that he has a way to prevent
the same or similar occurrences that happened on June 27, 2014 at City Hall from
happening in the future. In addition, Carl must be directed to use all means possible
prohibit individuals like Omar from approaching or otherwise attempting to influence
voters in the balloting area.

WHEREFORE, the Petitioner Kahn requests that the Supreme Court issue an Order granting
petitioner the relief requested above.

Dated: July 7, 2014 RICE, MICHELS & WALTHER, LLP

Brian F. Rice (#014468X)

10 Second Street N.E., #206
Minneapolis, MN 55413
(612) 676-2305

ATTORNEYS FOR PETITIONER

PHYLLIS KAHN

In addition, this statement is discriminatory on its face under the Minnesota Human Rights Act.
'Minn. Stat. § 204B.44 provides that a petition may be filed with the Supreme Court for any
wrongful acts "which have occurred or are about to occur." Id.

3
 STATE OF MINNESOTA
IN SUPREME COURT

CASE TYPE: PETITION TO CORRECT WRONGFUL

ELECTION ACT

Phyllis Kahn,

Petitioner, AFFIDAVIT OF MUBASHIR JEILANI

v.

Casey Carl, Minneapolis City Clerk; and

Fadumo Yusuf, Minneapolis Election Judge.

STATE OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)

I, Mubashir Jeilani, do hereby under oath attest:

1. I am a resident of Minneapolis, Minnesota. I am 18 years old.

2. I am a resident and registered voter in Ward 6, Precinct 3 in Minneapolis, Minnesota. I live in

Minnesota House District 60B. Phyllis Kahn is my current State Representative.

3. On Friday, June 27, 2014 I was helping people get down to Minneapolis City Hall to vote.
Many of the people were elderly East Africans who have limited or no English language skills. I
speak both the Somali language and English.

4. On that day, I encountered an East African woman in a red headdress in the voting area at City
Hall. I saw and heard this woman on her own volition without request approach Somali and East
African individuals who were at City Hall to vote. I overheard this woman in Somali ask people
if they were there to "vote for the Somali brother."

5. At first I thought this woman was a supporter of Mohamud Noor, a candidate for House
District 60B. I later learned she was an election judge.

6. On that day, I assisted my mother in voting. While assisting my mother, the woman in the red
headdress approached my mother and me. She asked my mother who was sitting next to me if
she was voting for Mohamud Noor, the "Somali Brother" and not the "old Jewish lady," a clear
reference to Phyllis Kahn.

1EXPOINT
7. The voting on Friday, June 27th ended at 4:30pm. After voting ceased, I also observed this
woman talking with people who were there at City Hall that day who were bringing people to
vote for Mr. Noor.

8. Last week, I saw the attached news stories (Exhibits 1 and 2) about a woman named Fadumo
Yusuf who attempted to file for the office of United States Senate in 2012. Both stories contain
a picture of Fadumo Yusuf. The pictures in both news stories show the same woman who was
the election judge at Minneapolis City Hall on Friday, June 27, 2014. I believe the woman who
was the election judge in Minneapolis City Hall to be Fadumo Yusuf.

9. I believe Fadumo Yusuf was not acting properly as an election judge in the election for House
District 60B on Friday, June 27th because she was trying to influence people to vote for
Mohamud Noor. I also believe that through her words and actions Yusuf was discouraging
people from voting for Phyllis Kahn.

Further your affiant sayeth naught. Mubc,..5‘•,-■1" CAS

Mubashir Jeilani

Subscn and sworn before me this

7th d ly 014.

Notary Public

ANN E. WALTHER
Notary Public-Minnesota
„ My Commission Expires Jan 31, 2015
Vv∎
Sun FocuslFridley woman wanted to run to represent her community Page 1 of 2

focus.mnsun.com http://focus.mnsun.com/2012/06/13/fridley-woman-wanted-to-run-to-represent-her-community/

Fridley woman wanted to run to represent her community

By Sarah Peterson

After a number of misinterpretations, a Fridley woman — who wanted to file for election to bring forward a
candidate representative of her community — said she won't be campaigning, although her name might end
up on a primary election ballot in August.

Fadumo Yusuf wanted to file for U.S. Sen. Amy

Klobuchar's seat. Ten others filed for that race:
three DFL candidates, three Republican candidates,
two Independence candidates, one Grassroots and
one Minnesota Open Progressives. When Yusuf
filed June 5, the last day filing was open, she wrote
on the filing form, for "office sought," "Senate for
U.S. Minnesota," and for district number, "13."

Yusuf said she showed her form to the receptionist,

who was taking the forms, and asked how much she
owed as a filing fee. She was told to pay $100, and
did. That was the filing fee amount for the state
senate office; the U.S. senate seat filing fee is $400.

After filing, her name showed up on the Secretary of

State's candidates list with Michelle Fischbach, R,
and Peggy Boeck, DFL, under state Senate District
13, which includes Pope and Kandiyohi counties, Fadumo Yusuf brings to the Fridley City Council on June 11 a
request for funding to support the nonprofit. free tutoring program
and part of Stearns County, west of St. Cloud. she began in fall 2011 in the Fridley School District (Photo by Sarah
Peterson — Sun Newspapers)
A reporter from the St. Cloud area called her with
questions about her city of residence and where she
had filed to run, and that's when Yusuf learned she'd filed for the wrong district accidentally, she said.

She told Sun Newspapers of how she called the Secretary of State's Office to try to remedy the problem.
After playing phone tag with representatives from the Secretary of State's office and then being transferred
from one person to another around the office, Yusuf was told it could be corrected and someone would call
her back, she said. When she didn't hear back, she called again and was told to wait for a call back.

She said when the call came, she was told the filing had closed and she hadn't paid the right amount of
money, so they couldn't correct the error on the filing form and she would have to just drop out of the race.

"Then they called on June 7 at about 4:20 p.m. and told me I had 40 minutes to withdraw. I got there at
about 5:07 p.m. and they said I can't do anything, I couldn't withdraw," Yusuf said. The withdrawal period
ended 5 p.m. June 7. By missing the deadline for withdrawal, she would only be able to take her name off
the ballot by going to the Minnesota Supreme Court, she said.
EXHIBIT

http://focus.mnsun.com/2012/06/13/fridley-woman-wanted-to-run-to-represent-her-commun.. . 7/7/2014
Sun Focus I Fridley woman wanted to run to represent her community Page 2 of 2

Now, Yusuf said, she doesn't have plans to run in the Senate District 13 race and won't get into the U.S.
Senate race in which she had wanted to run.

But she would still like to get her $100 filing fee back. Yusuf said she wonders why she wasn't questioned or
corrected when she was submitting her filing papers, in the first place. She listed her address in Fridley, but
she was entered into a race miles away from her home.

"You always should have someone knowledgeable (about the process) to make sure it's correct, or at least
say something," Yusuf said.

"Whenever I have a hard time or make a mistake, I take it as a lesson. That (mistake) won't happen again."

Inspiration to run comes from her community

Yusuf said she wanted to run in the first place so that she could show her community that there could be
candidate who is a Republican and still represents the community's values and interests.

"I used to be a Democrat, but now I'm a Republican," Yusuf said, adding that she's learned her values more
closely align to some of those in the Republican party. "The majority of my community won't vote Republican
because they think they're against immigrants. .... They have a concept of what the other party (Republican)
is like." But after talking politics with her, she said, some of those she knows in her community said yes, they
would vote Republican to vote for her if she ran for election.

One value Yusuf said she shares with Republicans is that of independence.

"No one was dependent on the government back home," Yusuf said, referring to Kenya and Ethiopia, where
she still has friends and family. "Why depend on the government when they can depend on themselves?"
She noted that she's not talking about the elderly or ill who can't care for themselves, but "those who can
work and go to school and become somebody.

"I believe we have the same family values and religious values," Yusuf continued about her community's
opinions and those of the Republicans, citing specifically the same-sex marriage issue. "I'm trying to show
the community that an immigrant can still be a Republican and build that relationship."

Yusuf added that she wanted to continue to learn about the election system.

"I still need to read more about how laws work or get courses or have someone explain to me more," Yusuf
said.

She recently completed a business and law class at St. Mary's University led by lawyer Dave Weigman that
covered the legal system, ethics, contracts, workplace rules, liability, business crime, corporate structure
and more. Her long-term goal is to become a CPA (certified public accountant).

http://focus.mnsun.com/2012/06/13/fridley-woman-wanted-to-run-to-represent-her-commun... 7/7/2014
Fadumo Yusuf Tried to Withdraw as MN Senate Candidate but Was Too Late - Governm... Page 1 of 5

Fridley 81°

News I Government

Fadumo Yusuf Tried to Withdraw as MN Senate

Candidate but Was Too Late
The St. Cloud Times reported the Fridley woman got to Secretary of State's office just after
5 p.m. Thursday.

Posted by Chris Steller (Editor) , June 08, 2012 at 03:46 PM

More

ars to have guaranteed a Fridley woman at least

3ndidate for public office.

on Tuesday, the filing deadline for candidates in races that might require a primary
election.

She told the St. Cloud Times she wouldn't run for state Senate, but she .

As it happens, Yusuf's erroneous entry in the (new redistricted) state Senate District 13
race as a Republican did indeed create the need for an Aug. 14, 2012 primary contest
against incumbent state Sen. Michelle Fischbach (R-Paynesville).

According to the St. Cloud Times, Yusuf just missed her chance to withdraw Thursday:

Yusuf could have withdrawn her state Senate candidacy, but it appears she was a few
minutes too late in her attempt to do so. Yusuf arrived at the Secretary of State's Office
about 5:15 p.m Thursday, according to Bert Black, legal adviser for the office. Black
noted state law prevents candidate-withdrawal affidavits from being accepted after the
withdrawal deadline of 5 p.m. Thursday. EXHIBIT

l
'"-
2. 4
http://fridley.patch.com/groups/politics-and-elections/p/fadumo-yusuf-tried-to-withdraw-as-... 7/7/2014
Fadumo Yusuf Tried to Withdraw as MN Senate Candidate but Was Too Late - Governm... Page 2 of 5

Actually, the Times noted, another deadline passed as well: the opportunity for an
administrative rather than court-ordered ruling on Yusuf's residency (her Fridley home is
60 miles from District 13).

But now it appears only a court challenge would prevent Yusuf's name from appearing
on the primary ballot. State law allows any individual to petition the state Supreme
Court to review a possible ballot error, according to Bert Black, legal adviser for the
Secretary of State's Office.
An administrative review could have been requested, but Wednesday was the statutory
deadline to request one.
"If somebody wants to do something at this point, they will need to file a petition," Black
said
Fischbach said Thursday she hasn't considered whether to file such a petition.

Yusuf didn't return a call from Fridley Patch on Thursday (or from the St. Cloud Times, the
newspaper said).

Here's a little more about Yusuf from an October 2011 article in the Sun Focus newspaper
titled "Fridley mom organizes service to mentor, tutor local students for free" (not available
online). The article is about Yusuf's nonprofit, East African Services, which serves children
from East African immigrant families—and others (in spite of the name):

Fadumo Yusuf of Fridley is a mother to four children and understands parents' struggle
to help their children with daily homework assignments.
"By the time I come home from work, they're ready to go to bed, and I'm so tired. I see
other family who immigrated here who don't have the ability to help with their kids'
homework, because of time and lack of knowledge. ... Our community needs to help
them," she told Sun Newspapers. ...
Eventually, Yusuf hopes the nonprofit will offer services in the Columbia Heights School
District. For now, East African Services will kick off its program at Hayes Elementary in
the Fridley School District. ...
"We want to see how far the kids can do homework (on their own) and then, with what
they can't understand, we'll help them.
"And by the time they get home, there's no pressure to do their homework," because
they've received help at school, Yusuf said ...
As the program begins and expands, she will need more community members to
volunteer homework help in all subjects.

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 STATE OF MINNESOTA
IN SUPREME COURT

CASE TYPE:
PETITION TO CORRECT WRONGFUL
ELECTION ACT

Phyllis Kahn,

Petitioner, AFFIDAVIT OF MOHAMED JAMA

v.

Casey Carl, Minneapolis City Clerk; and

Fadumo Yusuf, Minneapolis Election Judge.

STATE OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)

I, Mohamed Jama, do hereby under oath attest:

1. I am a resident of the City of Minneapolis and I am 20 years old.

2. I am a resident and registered voter in Ward 6, Precinct 3 in Minneapolis, Minnesota. I live in

Minnesota House District 60B. Phyllis Kahn is my current State Representative.

3. On Friday, June 27, 2014 I was helping people get down to Minneapolis City Hall to vote.
Many of the people were elderly East Africans who have limited or no English language skills. I
speak both the Somali language and English.

4. On that day, I encountered an East African woman in a red headdress in the voting area at City
Hall. I knew who this woman was. Her name is Fadumo Yusuf. She lives in the same apartment
building as I do in the Cedar Riverside neighborhood of Minneapolis.

5. While at City Hall on Friday, June 27'2014, I heard Ms. Yusuf refer to Phyllis Kahn as "an
old lady" and "an old white Jewish lady" when she was talking to voters.

6. I also heard Ms. Yusuf refer to Mohamud Noor as "our Somali brother " ( "Waala Ka
Somaliyaa" in Somali).

.-IXHIBIT .
7. I found out that Ms. Yusuf was an election judge. She appeared to me to be an active supporter
of Mohamud Noor, a candidate for House District 60B. This did not seem right to me. Her
manner of speech towards Phyllis Kahn was derogatory.

8. Throughout the day on Friday, June 27th, I also observed Ms. Yusuf communicating with
Ilhan Omar. Ilhan Omar is a supporter of Mohamud Noor. Omar was also bringing people to
vote at City Hall like me. I saw Omar shouting instructions to Ms. Yusuf while Yusuf was
assisting people in voting.

9. The voting on Friday, June 27th ended at 4:30pm. After voting ceased, I also observed Ms.
Yusuf talking with people who were there at City Hall that day who were bringing people to vote
for Mr. Noor.

10. I believe Yusuf she was trying to improperly influence people to vote for Mohamud Noor. I
also believe that through her words and actions Yusuf was discouraging people from voting for
Phyllis Kahn.

Further your affiant sayeth naught.

Mohamed Jama

Subscribed and sworn to before me

this 7 day of July, 2014.

Notary Public

ANN E. WALTHER
1MyNotary Public-Minnesota
Comm iss ion EYpires Jan '31. 2015
VSA.WW"ANVvv-vvy VvvVvVvvvvvvvW
 STATE OF MINNESOTA
IN SUPREME COURT

CASE TYPE:

PETITION TO CORRECT WRONGFUL

ELECTION ACT

Phyllis Kahn,

Petitioner, AFFIDAVIT OF MICHAEL MOLZAHN

v.

Casey Carl, Minneapolis City Clerk; and

Fadumo Yusuf, Minneapolis Election Judge.

STATE OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)

1. My name is Michael Molzahn. I am a volunteer for the Phyllis Kahn campaign.

2. I was at Minneapolis City Hall on Friday, June 27, 2014. I do not speak Somali.

3. On that day, I personally observed an incident involving an elderly East African gentleman
while he was attempting to vote.

4. Mohamed Jama (Jama) was acting as interpreter for an old Somali gentleman. A woman in a
red scarf was acting as an election judge came over to watch them as the elderly man was
beginning to vote. Ilhan Omar (Omar), a woman working for the Noor campaign, and Casey
Carl (Carl), the Minneapolis City Clerk, were standing close by watching but came closer when
the woman in the red scarf who was an election judge began arguing with Jama.

5. Carl asked Jama to leave the balloting area. When Jama left, the elderly man became visibly
upset. The elderly man became even more frustrated as the woman in the red scarf and Omar
approached him and tried to, what I assumed, was to translate for him and help him vote. The
gentleman threw his hands up and went outside. The woman in the red scarf and Omar tried to
stop him but he left.

6. I ran outside and got the man, who was still clearly upset, to come back in to try to vote. We
went straight to the balloting area and I told Carl this was the man who left. The city election
judges brought him a ballot and sat him down. The city election judge refused to let Jama be his
interpreter again.

EXHIBIT C-
7. Carl, Omar, and the woman in the red scarf all stood there as Omar and the woman in the red
scarf spoke with the older man. The older man got angry, started to get up, at this point he was
pointing at Jama, motioning for Jama to come over. At that point, Carl must have realized that
the older gentleman wanted Jama to act as an interpreter, not Omar and the woman in the
scarf. Jama came in and started to help the man. The woman in the red scarf started saying
things to Jama. Then both the woman in the red scarf and Omar started saying things and the
man threw up his hands and left again at that point.

8. From my perspective, the city election officials refused to let this man have the interpreter he
wanted. Omar did more than stand and loiter; she was allowed to interject herself twice into
conversation with the elderly man while standing in the balloting area without assisting voters.
Omar was interacting with the voter despite no apparent request of the voter to have her assist
him.

9. From my perspective, it was clear from these events that the gentlemen wanted Jama to act as
his interpreter. It is also clear that Omar had absolutely no reason to be in contact with this
man. It is also clear that the election judge in the red scarf was not carrying out the intent of this
voter as they were arguing with one another.

10. The presence of Omar in this situation was most unusual. It did not appear that she was
requested to assist this voter, yet she was allowed to approach him twice.

11. I believe the elderly man did not vote on Friday despite his two attempts to do so.

Further your affiant sayeth naught.

Michae Molzahn

Subscribed and sworn to before me this

7th day of July, 2014

Notary Public

ir+1•••■•■■•■••••••••••••••111.'4"""1""mill"r
" Charmaine Monique Henderson
NOTARY PUBLIC
State of Minnesota
My COMITIISSi011 Expires 1-31-2018