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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116785
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Can I sue the member of election board (as a person), the township

Resolved Question:

Can I sue the member of election board (as a person), the township election board and the Minnesota state for providing me wrong information about my eligibility for voting and acceptance my vote even if I am not the us citizen?

I voted in township election and the election officer instructed me how to fill out the application. I showed her my polish passport and said that I am not the US citizen. The lady was not concern about this, she asked to mark "no" on the application (question about if I was us citizen or not) then she instructed me how to answer on other questions. She asked me about some US I.D. card so I explained to her that I am still waiting for my green card and driving license so the only I.D. I had was my work authorization card. She took the number of this card on the application. Then she asked if I am the resident of the township. I told her I own the house and I am married to the us citizen. She said it is fine for me to vote if I am the resident of this township.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 years ago.
You cannot sue them for providing the wrong information, since they are not liable for this. What you have to do is file a complaint with the state election board and also the US Attorney's office for this misconduct, which as I am sure you may be aware has been going on there since the Presidential election and they would investigate it.

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Customer: replied 8 years ago.
The supervisor of this election board made complaint about my case and now I am charged for illegal voting when I am not the us citizen (felony).

It caused a lot of stress for me, I have to spend money for the lawyer to defend myself and more other problems that I have to deal with because their mistake.
I do not see myself guilty this situation so I do not understand why do I have to "pay the price".

Thank you very much for your help.
Expert:  Law Educator, Esq. replied 8 years ago.
While it has caused you distress, you have a defense to the charges, since you were instructed on how to fill out the form by their employees. But when it comes to suing them for this they would not be able to be sued based upon governmental immunity.
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