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HR 2

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/08/2021 10:53am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/08/2021

Current Version - as introduced

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A House resolution
providing for the impeachment of Timothy J. Walz, Governor of the State of Minnesota,
for corrupt conduct in office and other crimes and misdemeanors.

WHEREAS, article VIII, section 1, of the Minnesota Constitution provides the House of
Representatives the power of impeachment, and provides the Senate the power to try impeachments;
and

WHEREAS, in responding to the COVID-19 pandemic, Timothy J. Walz has acted in conflict
with his constitutional duties as Governor by acting outside and beyond his constitutional authority,
violating the Minnesota Constitution, violating the constitutional rights of Minnesota citizens, and
issuing executive orders that are not in the best interests of Minnesota citizens; and

WHEREAS, the extra-constitutional actions taken by Timothy J. Walz are a matter of public
record, primarily in the form of executive orders and the enforcement of executive orders; NOW,
THEREFORE,

BE IT RESOLVED by the House of Representatives of the State of Minnesota that Timothy
J. Walz, Governor of the State of Minnesota, is impeached for corrupt conduct in office and for
crimes and misdemeanors.

BE IT FURTHER RESOLVED that the following articles of impeachment are adopted by
the House of Representatives and must be exhibited to the Senate.

BE IT FURTHER RESOLVED that, in accordance with article VIII, section 3, of the
Minnesota Constitution, Timothy J. Walz must not exercise the duties of Governor from the time
this resolution is adopted and may resume the duties of Governor only if acquitted by the Senate
of the State of Minnesota.

BE IT FURTHER RESOLVED that, in accordance with article VIII, section 4, of the
Minnesota Constitution, the Speaker of the House of Representatives must ensure that Timothy J.
Walz is served with papers giving notice of the articles of impeachment as expeditiously as possible.

BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representatives is
directed to prepare an enrolled copy of this resolution, to be authenticated by his signature and that
of the Speaker, and transmit it to the Governor of Minnesota, the Secretary of State of Minnesota,
and the President and Secretary of the Senate.

The following articles of impeachment exhibited by the House of Representatives of the State
of Minnesota against Timothy J. Walz, Governor of the State of Minnesota, in maintenance and
support of impeachment for corrupt conduct in office and for other crimes and misdemeanors:

ARTICLE I

Timothy J. Walz, Governor of the State of Minnesota, has violated his constitutional oath of
office by failing to respect the separation of powers and by exercising powers expressly granted to
the legislative branch in the Minnesota Constitution.

The Minnesota Constitution provides for the separation of powers, including division of
government into three branches: legislative, executive and judicial, with no person or persons
exercising powers properly belonging to another branch except as expressly provided in the
constitution. Moreover, article V, section 6, of the Minnesota Constitution requires each officer to
take an oath or affirmation to support the United States Constitution, the Minnesota Constitution,
and to faithfully discharge the duties of the office to the best of the officer's judgment and ability.

Timothy J Walz's executive orders include but are not limited to: closing bars, restaurants,
and other private businesses that provide public accommodations (Executive Order 20-04, Executive
Order 20-08, Executive Order 20-18, Executive Order 20-33, Executive Order 20-48, Executive
Order 20-99); prohibiting evictions (Executive Order 20-14, Executive Order 20-73, and Executive
Order 20-79); requiring residents to stay in their homes with limited exceptions (Executive Order
20-20, Executive Order 20-33, Executive Order 20-48); ordering the disclosure of confidential,
protected health information of Minnesota citizens to law enforcement (Executive Order 20-34);
either banning individuals from different households (not excepting close family and friends who
live in different households) from meeting or arbitrarily restricting the size of such meetings
(Executive Order 20-38, Executive Order 20-99, Executive Order 21-01); banning medical and
veterinary procedures he termed non-essential (Executive Order 20-09, Executive Order 20-16,
Executive Order 20-17); mandating the use of masks in indoor spaces (Executive Order 20-81);
and permitting public bodies to disregard statutorily mandated filing deadlines (Executive Order
20-22).

Through these orders, Governor Walz has unilaterally overridden enacted laws, including
but not limited to Minnesota Statutes, section 609.735, and created new laws in violation of the
separation of powers guaranteed in the Minnesota Constitution.

State law grants emergency powers to the Governor for the sole purpose of responding to
immediate crises, but requires the Governor's actions be consistent with the constitutionally mandated
separation of powers. The Minnesota Constitution does not permit the Governor to bypass the
legislative process, nor does it empower the Governor to unilaterally make or amend laws to protect
public health. Timothy J. Walz's efforts to circumvent the legislature and the Minnesota Constitution
violate the constitutional oath of office.

Wherefore, by virtue of the conduct described in this article, Timothy J. Walz warrants
impeachment, trial, and removal from office.

ARTICLE II

Timothy J. Walz, Governor of the State of Minnesota, has violated his constitutional oath of
office by failing to respect the separation of powers by inventing new penalties for violations of
his executive orders, without legislative involvement or approval.

Timothy J. Walz unilaterally declared a violation of his Executive Orders is punishable as a
gross misdemeanor subject to a fine not to exceed $3,000 or jail time of up to one year. The
legislature explicitly provided in the emergency powers statute under Minnesota Statutes, section
12.45, that violation is a misdemeanor subject to a fine not to exceed $1,000 or jail time not to
exceed 90 days. No statutory or constitutional authority exists for the governor to invent new
penalties.

Wherefore, by virtue of the conduct described in this article, Timothy J. Walz warrants
impeachment, trial, and removal from office.

ARTICLE III

Timothy J. Walz, Governor of the State of Minnesota, has failed to uphold his constitutional
oath of office by violating rights guaranteed in the United States Constitution and the Minnesota
Constitution. Through executive orders, Governor Walz has restricted and effectively banned the
free exercise of religion in the state of Minnesota in violation of the First Amendment of the United
States Constitution and article I, section 16, of the Minnesota Constitution.

The First Amendment to the United States Constitution provides, in part, "Congress shall
make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."

Article I, section 16, of the Minnesota Constitution provides, in part, "The right of every man
to worship God according to the dictates of his own conscience shall never be infringed; nor shall
any man be compelled to attend, erect or support any place of worship, or to maintain any religious
or ecclesiastical ministry, against his consent; nor shall any control of or interference with the rights
of conscience be permitted, or any preference be given by law to any religious establishment or
mode of worship; but the liberty of conscience hereby secured shall not be so construed as to excuse
acts of licentiousness or justify practices inconsistent with the peace or safety of the state, nor shall
any money be drawn from the treasury for the benefit of any religious societies or religious or
theological seminaries."

Article V, section 6, of the Minnesota Constitution provides, in part, "Each officer created
by this article before entering upon his duties shall take an oath or affirmation to support the United
States Constitution and of this state and to discharge faithfully the duties of his office to the best
of his judgment and ability."

During the course of the COVID-19 pandemic, Governor Walz has issued executive orders
that have restricted the free exercise of religion in Minnesota, including Executive Order 20-20,
Executive Order 20-38, Executive Order 20-56, Executive Order 20-62, and Executive Order 20-99.
The orders have limited the number of people who may gather in one place and restricted individuals'
ability to participate in religious worship and events.

Governor Walz swore an oath to uphold the United States Constitution and the Minnesota
Constitution and his executive orders banning gatherings and requiring individuals to stay at home
have infringed upon guaranteed rights.

Wherefore, by virtue of the conduct described in this article, Timothy J. Walz warrants
impeachment, trial, and removal from office.

ARTICLE IV

Timothy J. Walz, Governor of the State of Minnesota, has failed to uphold his constitutional
oath of office by violating rights guaranteed in the United States Constitution and the Minnesota
Constitution. Through executive orders, Governor Walz has taken private property in violation of
the Fifth Amendment of the United States Constitution and article I, section 13, of the Minnesota
Constitution.

The Fifth Amendment to the United States Constitution provides, in part: "nor shall private
property be taken for public use, without just compensation".

Article I, section 13, of the Minnesota Constitution provides: "private property shall not be
taken, destroyed or damaged for public use without just compensation therefor, first paid or secured."

By invoking emergency powers to unilaterally deem certain activities "non-essential" and
order the closure of businesses (Executive Order 20-04, Executive Order 20-08, Executive Order
20-18, Executive Order 20-33, Executive Order 20-48, Executive Order 20-99), Governor Walz
violated constitutional protections. The effect of the executive orders has been to substantially, and
in many cases irreparably, damage or destroy the vitality and viability of businesses arbitrarily
decreed as non-essential, thus taking property from affected business owners without compensation.
Governor Walz's actions have also violated the equal protection provisions of the Minnesota
Constitution.

Governor Walz banned evictions (Executive Order No. 20-14, Executive Order No. 20-73
and Executive Order 20-79), injuring property owners by eliminating the ability to collect rents
due, and by undermining the ability to maintain properties or benefit from the income the property
owner would otherwise expect to receive from the property. The injuries amount to a taking of
property without compensation, in violation of the United States Constitution and the Minnesota
Constitution.

By taking property, Timothy J. Walz violated Minnesota Statutes, section 12.34, subdivision
2, which provides that if property is commandeered during a state of emergency that "the owner
of commandeered property must be promptly paid just compensation for its use and all damages
done to the property while so used for emergency management purposes."

Wherefore, by virtue of the conduct described in this article, Timothy J. Walz warrants
impeachment, trial, and removal from office.

ARTICLE V

In responding to the COVID-19 pandemic, Timothy J. Walz, Governor of the State of
Minnesota, has taken a number of extreme actions unnecessary to protect the public and that have
had significant adverse effects on the citizens of Minnesota. Governor Walz's aggressive and poorly
justified actions, including banning nearly all non-emergency medical procedures, are evidence of
the Governor's failure to properly manage this crisis.

Governor Walz banned all non-essential medical, dental, and veterinary procedures under
Executive Order 20-09, Executive Order 20-16, and Executive Order 20-17.

This universal, statewide prohibition on medical, dental, and veterinary care that the Governor
deemed "non-essential" has had significant consequences for the citizens of Minnesota and for
health care providers across the state. While postponing certain elective procedures may not pose
an immediate health risk to some patients, many procedures have been banned even when needed
to preserve patients' quality of life and long-term well-being.

Closing down significant portions of the health care system has had destructive effects on
hospitals, clinics, and other providers. Health care providers rely on revenue from procedures and
treatment to remain in business, and banning the providers from providing a full range of services
to patients has led to layoffs and furloughs. Providers in areas of the state with fewer COVID cases
have faced particularly negative consequences, as facilities sit empty, unable to treat patients in
need despite having the capacity to provide the needed care.

Governor Walz's arbitrary actions have caused avoidable harm, do not protect the public
health, and demonstrate the failure to uphold the duties of the office.

Wherefore, by virtue of the conduct described in this article, Timothy J. Walz warrants
impeachment, trial, and removal from office.