ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, October 11, 1996 TAG: 9610110059
SECTION: NATIONAL/INTERNATIONAL PAGE: C-6 EDITION: METRO
DATELINE: ST. PAUL, MINN.
Minnesota's Supreme Court has dismissed a lawsuit by a losing state Senate candidate against a newspaper that mistakenly put his picture next to a story about fraud on primary day.
John Derus wanted the Star Tribune of Minneapolis to pay for a new election. The newspaper said the photo mix-up was an innocent mistake.
The court's 3-2 ruling Wednesday said the dispute does not belong in the courts, but Derus could take it up with the Legislature, which convenes in January.
Derus, a Democrat, lost by 104 votes out of about 6,300 cast Sept.10.
Although his name was not printed with the photo, Derus said the juxtaposition of his image with the words ``charity fraud'' cost him votes.
The Star Tribune, which had criticized Derus in editorials and opposed his 1993 run for mayor, published a correction the day after the primary and apologized to Derus.
The Star Tribune argued that publishing the wrong photograph was no basis for a new election, saying laws prohibiting election fraud apply only to candidates and election officials, not third parties. The court, while not ruling on whether the Star Tribune's mistake was intentional, agreed.
- Associated Press
LENGTH: Short : 33 linesby CNB