Months ago, Rebecca Otto filed a lawsuit claiming that a bill passed by the legislature and signed by Gov. Dayton was unconstitutional. Since then, Ms. Otto, who clearly isn’t a constitutional scholar, has spent $220,000 of the taxpayers’ money fighting a losing fight. Last Friday, the court ruled with Ms. Otto in part and against her in part.
The key part of the ruling is found on page 9 of the ruling when it says “The County Audit Statute is Consistent with the State Auditor’s Exercise of her Constitutional Authorities.” Later, it states that “The Legislature has the power to modify the State Auditor’s duties under State ex rel. Mattson v. Kiedrowski. Modifying who does the initial audit does not transfer her core functioning of auditing counties.”
Then it says “As noted previously, Article V does not expressly set the terms or duties of the State Auditor as an executive officer. The task of prescribing duties for executive officers is reserved for the Legislature…”
I’ve written about this before. I said the same thing but with different words. For instance, I wrote this in this post:
I’ve read Article V. That’s where the Constitution establishes the office of State Auditor. Nowhere in Article V does it list the auditor’s responsibilities. Article V, Sect. 3 outlines the governor’s responsibilities. That’s the only constitutional officer whose responsibilities are defined in Minnesota’s Constitution.
Ms. Otto will supposedly appeal the ruling, which she’ll lose while spending more of the taxpayers’ money foolishly. Rep. Sarah Anderson issued this statement:
“I’m glad to see this law upheld as constitutional, and know it will mean meaningful savings for counties and property taxpayers throughout Minnesota,” Anderson said. “Judge Marek’s ruling makes clear: this issue is settled, the law is constitutional, and we can put the confusion and hassle caused by Rebecca Otto’s unnecessary lawsuit behind us. Auditor Otto has wasted more than $220,000 in taxpayer money on this frivolous endeavor—I call on her to get back to doing her job, accept the court’s ruling, and apologize to counties and taxpayers for so flagrantly wasting hard-earned tax dollars.”
Ms. Otto, like other Democrats, is a sore loser. She can’t stand the fact that she lost this ruling even though she clearly didn’t have a chance of winning the lawsuit.
Authored By Let Freedom Ring Blog