(concurring).
While I generally concur with the reasoning of the court, it appears from a review of the record that the Minnesota Secretary of State’s nonfeasance created confusion in this redistricting year. The statewide redistricting plan was decided by a court-appointed panel on March 19, 2002. The Secretary of State acknowledges maintaining a metropolitan area legislative district map of the newly created legislative districts on its website, but says it is not sufficiently detailed to determine the district location of specific addresses. However, the candidate in this case relied on this information plus the Secretary of State’s website polling place locator. This information confirmed to this candidate that the precinct polling place of his address at 627 Pierce Street N.E. was within legislative District 59B. This was evidently incorrect but the error was based on misinformation that was maintained by the Secretary of State’s website through July 29, 2002. The filings for office closed on Tuesday, July 16, 2002.
While it is true that there was a cautionary disclaimer on the Secretary of State’s *119polling place website stating that the information may be out-of-date due to redistricting, the Secretary of State committed nonfeasance in not having accurate and timely redistricting information for candidates to rely on before the filings closed. The Secretary of State, through a sworn affidavit dated October 8, 2002 from the Director of the Elections Division of the Office of the Minnesota Secretary of State, indicates that prior to July 29, 2002, “ * * * the district information may have been outdated.” Then, in that same affidavit, the Director indicates that:
Electronic in-depth legislative district information is only available on the Legislative Coordinating Commission GIS website. Detailed maps may also be purchased from the Office of the Secretary of State. This information is also available from the election filing office, which in this case was the Hennepin County Auditor.
The Office of the Secretary of State posted misinformation on its website through July 29, 2002, and the error was exacerbated by failing to have appropriate references or Internet links to the Legislative Coordinating Commission GIS website and failing to indicate that maps may be purchased from the Office of the Secretary of State and are available from the election filing office. The Secretary of State, as the chief election official of the state, held herself out to be an expert yet produced material misinformation, which this candidate relied upon. Notwithstanding this nonfeasance, I must concur with the majority opinion because of the constitutional requirement of residency, but this mishap occurred in large part because of the Secretary of State’s actions and inactions.