Breaking: MN Supreme Court smacks down Coleman

[kpete]

Source: Daily Kos

http://www.mncourts.gov/?page=3409

Breaking: MN Supreme Court smacks down Coleman
by TomK002
Wed Dec 24, 2008 at 12:42:44 PM PST

The Minnesota Supreme Court just shot down Coleman's latest attempt to hold on to his Senate seat. Unlike the previous case in which the Court was fractured, the MN Supreme Court unanimously ruled to reject Coleman's challenge


Coleman and his team had argued that the Court should enjoin the Canvassing Board from certifying the election (which would be in Franken's favor) because the "duplicate/original" issue.

Coleman had claimed that because some ballots labeled "originals" were not paired with duplicate ballots, that inevitably means that such duplicates were made but not labeled and thus some ballots were counted twice. He sought to have some such ballots thrown out, which would have given him a narrow lead.

The Franken team had instead argued that there was no actual evidence of any double counting and that instead there were a number of reasons that "originals" were not paired with "duplicates" (the most likely being that duplicates were never created). The Fraken team argued that to reject those ballots would be to disenfranchise legitimately cast ballots, a concern the MN Supreme Court seemed to share. Additionally, Franken's team argued that the principles of Equal Protection required that all precincts be re-canvassed, not just the few that Coleman wanted. This, in essence, would mean that the entire re-count would have to be re-done. The Court also seemed to share this concern.

Thus, for Coleman to make a stand on this issue, he's going to have to do it in a post-certification election contest where he is almost certain to fail. So, barring some surprises from those wrongly rejected absentees, Al Franken will become the newest Senator from the State of Minnesota.



Read more: http://www.dailykos.com/storyonly/2008/12/24/153218/00/372/676952

[opihimoimoi]

1. AWESOME..... HOORAYYYYYYYY

KnR

[Laf.La.Dem.]

2. Won by a landslide

If it is ONE VOTE it will be a landslide - our side wins a big one:toast:

[Robbien]

11. Not won yet. They still have to count the rejected absentee votes

Minnesota's Supreme Court has approved a request by the campaigns of incumbent Republican Sen. Norm Coleman and Democratic challenger Al Franken to extend the deadline local election officials and the two campaigns have to finish sorting through improperly rejected absentee ballots to January 2, from the previous deadline of 31.

The canvassing board will have until January 4 to count the ballots, which will be delivered to the state unopened and uncounted, for voter privacy purposes.

That date doesn't mark the race's finish line: Both campaigns would still be able to challenge the state's count beginning the next day.

http://politicalticker.blogs.cnn.com/2008/12/24/minnesota-court-ruling-senate-recount-to-stretch-into-2009/

[mckara]

32. Well, If He Does Win, LANDSLIDE AL Will Become His Nickname!

[martymar64]

55. Is your avatar Van Buren or John Quincy?

Enquiring minds want to know! :hi:

[mckara]

79. John Quincy Adams

[Gregorian]

3. Excellent! I didn't want to see this going on ad infinitem.

Maybe he'll even bow out in time. But that would be unrepublican.

[MnFats]

4. soon the brooks brothers thugs show up. I got a bad feeling.

sorry for being pessimistic..... i should react withh joy.....maybe it's my midwinter ADD and SAD and convenional depression but I see the Republicans finally taking notice that the seat is in jeopardy and start pouring money and lawyers into Mn.

on the other hand, republican senators from Mn. seem to have a habit of self-destruction at the end of the campaign. Its a wonderul story to relate later.

ok, i'm starting to feel better now. but better roll up our sleeves now...

[backscatter712]

14. The Rethugs had their chance to play Brooks Bros.

I'd say this was Coleman's last hurrah (knock on wood...) With his duplicate-ballots argument shot down in flames, Coleman's run flat out of ways to continue to try to game the system.

[neuvocat]

5. I'm surprised its even this close.

Franken is fighting tooth-and-nail to win his seat during an election cycle favoring dems, doing so in a liberal state. What gives?

[Kixel]

7. Dude-people here sent Bachman back...

'Nuff said.

[xxqqqzme]

43. What??? She is nearly

too dumb to breathe.

Of course I should talk. My district re-elected dana warbacker! He is as dumb as bachman.

[Sparky 1]

71. Bachman is the nth degree in repulsive politicians n/t

[Enthusiast]

73. I suspect you of being Unamercian.

:hide:

[sallyseven]

9. He learned from Kerry.

Don't give in. Don't let the bastards see you sweat.

[backscatter712]

15. That's why on my personal blog, I nominated Al Franken for Badass of the Week.

http://www.meldroc.com/?p=11

(quoted in its entirety, because, well, I wrote it!)

Democratic Badass of the Week: Al Franken

Since I went to the trouble of writing about Democratic Milquetoasts, I figured I’d better write about their opposites.

This week’s award of Democratic Badass of the Week goes to Al Franken!!!

Nope, I see no signs of Stuart Smalley behavior in Minnesota. Al stood up and delivered a well-earned black eye to Norm Coleman and Minnesota Republicans. Chances are he’s going to win, as of this writing (though Coleman could still pull it off, though it looks increasingly unlikely, knock on wood…) Even if Al doesn’t win, he’s shown enough fight to earn some respect.

Al Franken did not have an easy fight. When the election judges finished their counts on November 4th, he was behind by only 571 votes - well within the margin for a mandatory recount. Norm Coleman didn’t take long to start publicly demanding that Franken concede, and to start insinuating that a refusal to concede meant he was a “poor sport” among many other things.

And so began a long slog that still isn’t quite finished. Franken rallied his volunteers and his team of lawyers with the cheer “What do we want?” “PATIENCE!!!” “When do we want it?” “NOW!!!” So the recount began, and Al Franken’s team immediately went to work, fighting hard to ensure that every single vote was counted. Coleman didn’t make it easy for them - issuing thousands of ballot challenges, filing lawsuits, trying to shave votes from being counted using technicalities. But the law in Minnesota is quite clear. If a ballot clearly shows, through any means, the intent of the voter, then the intent must be respected and the vote counted accordingly.

Al and his lawyers went to court and fought to see every vote counted, and they won! I’m sure Coleman and his supporters are apoplectic right now, as every vote that can be counted is counted, and that’s… okay. Republican tears of anguish sustain me! Mmmm, their sweet and yummy tears of unfathomable sadness…

So, Al, reap your rewards! Welcome aboard as the fifty-ninth member of the U.S. Senate’s Democratic caucus, and take home this bonus prize as Democratic Badass of the Week! Because you’re good enough, you’re smart enough, and doggone it, people like you!

[martymar64]

56. Because you’re good enough, you’re smart enough, and doggone it, people like you!

I hope he adds that to his acceptance speech. We'll be ready for the start of another Al Franken Decade. :applause:

[Sparky 1]

72. Perfect! n/t

[TygrBright]

31. Third-party candidate.

Yo, Minnesotans. I am STILL waiting for the news story about anonymous DFLers waylaying Dean Barkley and giving him the mother of all wedgies!

impatiently,
Bright

[Hansel]

61. 2 Progressives running against one Republican

We always have a progressive Independent candidate splitting the vote with the Democrat. The Independent candidate has to run to maintain the party. And because MN doesn't have instant run off or require 50% to win, we end up with Rethugs.

We need instant runoff big time. This would really help the Independent candidates to gain a foothold, which is probably why we don't have it yet. I think after this fiasco, we will have a better shot of getting it.

But yes, MN is a progressive state although with people moving in from outside the state it's not quite as progressive as it use to be.

[earthlover]

66. It should be painfully obvious that Franken was not the best candidate for the DFL to run

During an election which favored Democrats by an overwhelming margin, IF Franken wins, it is by the smallest of margins.

He will start his term knowing that he has to do better,or he will be a one-term Senator.

Sure, I would be overjoyed if Coleman is defeated. Coleman is a snake even as bad as Bush, in my opinion. Seeing Coleman leave would give me a super smile, even if it was by one vote.

But this does not change the fact that Franken ran a pxxx poor campaign, and if this was not a year with overwhelming Democratic advantage, he would have lost in a landslide to Coleman the snake.

[still_one]

69. So you are of the belief that the third party candidate wasn't a factor? /nt

[BrotherBuzz]

6. Two republican MN Supreme Court justices are on the canvassing board

Coleman needs to be toilet trained!

[creeksneakers2]

8. HOOOORRRAAAYYYY!!!!!!!!!!!!!!!

Al will kick ass in the Senate!

[formercia]

10. Another Rove protege assh0le bites it.

Hope he enjoys prison.

[Robbien]

12. They still have to count the rejected absentee ballots

Then we can start to party. Not due to be counted until Jan 4th.

[backscatter712]

16. Anything can happen, but it's lookin' good.

Don't the absentees and early votes tend to lean Democratic? And aren't some of these rejected absentee ballots from highly Democratic precincts? Granted, the margin's so thin that Coleman could still plausibly win, but I don't see it as especially likely.

[Robbien]

18. Coleman went to court to stop the count of these absentee ballots, now he's pinned his hopes on them

So yes, one would expect the absentees to be Dem voters.

[Wetzelbill]

13. A lesson in not giving in.

Fight the fight, because Dems always do better when votes are not suppressed and every single one is counted.

[mvd]

17. Al would be great in that Senate! K&R

While not as liberal as Kucinich, he has a similar trait - he would shake things up and add new ideas.

[Hulk]

19. YaaaaaaHoooooooooo!!!!

One less dumb shit politician in the Senate. What a nice Christmas present for the US and MN.

[YDogg]

20. and coleman was insisting Franken concede. Doh!

[pleah]

21. K&R for Al for not caving. n/t

[Swede Atlanta]

22. MN will be a difficult win in the future

MN, a state that has fairly historically been progressive, is turning more conservative. This is the same with states like Washington. If Franken wins, the win will be lukewarm. It will be based on legitimate legal challenges but based on a handful of votes in state with millions of voters. We must learn from this and determine how we penetrate those bastions of conservatism (i.e. idiocy) to broaden support for Democratic candidates in the state.

[kikiek]

37. Not really. Obama won by 10 pct here. We sent Klobuchar by 62 pct for the other Senate seat.

We sent Ellison the first Muslim. Coleman pulls off the guy in the middle well, and totally trashed Franken in ads. People were sick of both of them by the end of it. I think Al will easily be reelected once in and given a chance to prove himself.

[LuckyLib]

65. Yup. Some folks were so sick of the attach ads that they probably voted for Barkley, resulting in

this close race. There are always idiots in our midst. Even in formerly liberal Minnesota.

[earthlover]

67. MN is a purple state.

By and large, it is more progressive than most. Even the republicans are more progressive than their counterparts in other states. But MN has a Republican governor, and Coleman won his first term, and any way you cut it, the Franken-Coleman race is basically a TIE with the case being decided by judgement calls. This race is symbolic of how close MN is on party lines, anyone who denies this is ignorant of the demographics in MN, which are increasingly favoring the Republicans.

[dflprincess]

83. Minnesota has a Republican governor because of 3-way races.

Pawlenty won his 2nd term with something like 45% of the vote, his first term with less than that. (Jesse Ventura won with around 35% of the vote when he ran). Pawlenty is also very good at coming off as sane, if you're not paying attention.

Coleman narrowly defeated Mondale in 2002 and that was after a week of the Republicans carrying on about how awful the Wellstone memorial had been. The polls had had Wellstone ahead of Coleman and outside the margin of error the day he died. Contrary to what he was told would happen Wellstone surged in the polls after voting against the IWR.

Had Dean Barkely (again the Indpendence party causing problems) been in the race, exit polls indicated that Franken would have won.

Minnesota still leans blue, but it also has a history of 3rd parties which currently are mucking up the elections and giving us elected officials that the majority of the voters didn't want (though I'd be a happy woman if the Farmer-Laborites could make a comeback). Minnesota really has become the poster state for instant runoff voting.

[kikiek]

85. Oh please.

We are not increasingly favoring the Republicans. Anyone who thinks that is ignorant of MN. Coleman only won his first term because Paul Wellstone died. Wellstone was on his way to his 3rd term in the Senate. Mondale would likely have won if the right wing hadn't exploited the Wellstone memorial service for partisan politics. Even then Coleman barely beat Mondale who had been in the race only weeks. 2000 and 2004 were close as far as presidential election, but that isn't a trend and we easily went blue with Obama in 2008. Franken taking Coleman out is a big deal even if it is close. Norm has been in MN politics for a long time and is well known here. Despite that Franken is keeping up with him easily. The proof is in the pudding if you really look close enough. I am not going to waste anymore time arguing this with you though. It won't do any good since you think you know it all about our "demographics". That shows how little you know about MN. You can't put us into that kind of a box.

[Diane R]

42. You're wrong about Washington State. We went strongly for Obama, have a Dem Gov & 2 Dem Senators.

[wellstone dem]

46. The only reason Franken didn't win on election day was

there was a third party candidate who drained some votes, after vicious lying ads from the Coleman campaign made Franken look like an angry yelling fringe candidate.

[earthlover]

68. not the first or the last time third parties did well in MN....look at their recent governor!

[ogneopasno]

74. Oh, hardly. People say that every year, and then it goes true blue. Frankly, I think this is the

last time for awhile where MN is considered a swing state.

[Bette Noir]

23. Fingers crossed.

Franken's a smart guy, and we need all the progressives we can get.

[XanaDUer]

24. Best news today!

: )

[jgraz]

25. Happy Freakin Holidays, Normie!

:rofl:

[BayjanDem]

26. If Franken wins, how many will we have in the Senate

[billyoc]

27. 59

[sellitman]

28. I believe I'm not sure.

Other here have all the answers though....

Oh well.

[billyoc]

29. OMG, Mitch McConnell would be majority leader!

Don't give me a heart attack! :rofl:

[foxer]

30. 59

[Peggesis1]

34. 58 or 59--definately much more than 49

Clear majority, but not filibuster-proof.

[Bjorn Against]

33. 58 unless you count Lieberman.

[jgraz]

35. So 58.1

[Bjorn Against]

36. Probably closer to 58.00000000000000000001

[Road Scholar]

52. OK, 58.0000000000000000 00000000000000000000001 LOL

[Road Scholar]

51. 58.01 nt

[cstanleytech]

39. Which is probably why they didnt just kick him out, this gives them

time hopefully to get another seat or two come the next elections and put a firmer lock down on control of the senate not to mention getting a real democrat to potentially run against Lieberman to replace him when his seat comes up for re-election as well.

[elocs]

38. Whatever happened to the all powerful "they" who were supposed to steal the election for Coleman?

Maybe they are not as omnipotent as some here think them to be.

[martymar64]

57. And thank Yog-Sothoth for that!

I've always been paranoid about the Rethugs and their dirty tricks, but I'm happy to be proven wrong once in awhile. This will be one the sweetest victories in my book this year. The Rethugs are starting to lose their death grip on power, little by little. I hope the trends continues, it's long overdue.

[defendandprotect]

62. 2000 was definitely a sign of that -- a very noisy steal ....

and even after all the help from Jeb, Harris --

and a huge fascist rally -- the still had to go to the Supreme Court to pull

off the steal.

Little criticism = no free pess

[Peace Patriot]

70. Well, one of the "they's" is dead--small plane crash last week, after he was deposed

in a lawsuit in Ohio about 2004 election fraud. Rove's head IT guru. Michael Connell. Highly suspicious circumstances (experienced, careful pilot, clear weather, the plane crash created a big ball of fire, so he was not out of fuel, no voice traffic indicating a problem, etc.)

Michael Connell basically ran the show in 2004. His corp 'counted' Ohio--in Tennessee, on an RNC server! He is probably the one responsible for 'disappearing' 5,000 Karl Rove emails from that period.

You ask what happened to the "all powerful they"? That's what happened to one of "them."

Also, vigilance and passionate activism by ordinary citizens and election protection groups has somewhat improved election officials, election rules and election systems (MN being a good example) and public awareness. Another factor: due to suspicions of electronic and other kinds of election fraud, get-out-the-vote activists have concentrated on improving turnout, to 'beat the machines' with sheer numbers. "They" can control some election outcomes with the 'TRADE SECRET,' PROPRIETARY programming code, owned and controlled by rightwing Republican corporations, in virtually all voting systems in this country, but they also have constraints--for instance, WHEN to install malicious code? What if voter turnout exceeds the expectations of these private programmers? Another for instance: public awareness could jeopardize their election theft capability for future elections. People might just throw their machines into 'Boston Harbor' if they steal an election too obviously, now that the public is much more aware of that possibility.

They've stacked the deck so strongly against Obama, with a ten trillion dollar deficit (projected over ten years), the bailout (giveaway of our treasury unto the 7th generation), thorough ruination of every agency of the federal government, and so much else, that "they" may have figured: 'let him win--heh, heh--he'll get blamed for everything--our corpo/fascist 'news' monopolies will make sure of that--and he'll be out in four years.'

The pre-election polls strongly favored Obama. "They" would have been risking a Boston Tea Party to steal it from him. But the truth is that Obama cannot prove that he actually won. Half the voting systems in the country are 100% non-transparent--no paper trail at all; nothing TO audit or recount. I think he did win. In fact, I think he won bigger than the voting numbers show. (I think they shaved his mandate, as a further handicap.) Three corporations control most of the election results. All have close ties to the Republican Party. Two have close ties to extreme rightwing causes. And they have total control over the results in half the country. They have the capability--the EASY capability--to steal any national election, and many local ones. I think they DID steal Coleman's first election. I will never believe that Minnesotans chose Coleman over Walter Mondale (who stood in for Paul Wellstone, whose small plane had also crashed, also in highly suspicious circumstances, two weeks or so before that '02 election). (Wellstone had pledged to lead the fight against the invasion of Iraq in the Senate.)

Think of the 'TRADE SECRET' code in all of our election systems as a piano. Karl Rove and others, because of their 'in' with these rightwing corps, have the ability to "play it"-- high notes, low notes, half notes, chords; whole songs, whole symphonies. Around 2002, they could play simple songs on it--Max Cleland in GA, Coleman in MN. By 2004 they could "play" a whole symphony. But then the public--weary of this "music"--began to shrink the piano, by demanding and getting a paper trail in some states, concentrating on electing better secretaries of state, getting better rules, reducing Puke vote suppression, exposing the election system to scrutiny, and massive voter reg and GOTV campaigns, etc. Minnesotans have fought hard for better rules and a more transparent system. That is why Franken has a chance.

Also, Coleman is dirty, and it looks like he will be exposed. So the Bushwhacks--who are spying on everybody, and know all the dirt--may have hung him out to dry. Diebold or ES&S (can't recall which election theft corp they have in MN, but one of these two--the worst two) could EASILY have shifted votes from Franken to the third candidate, but with a paper trail and strong recount rules, they might have been caught. So they backed off in this instance. Maybe they'll work at the state level on Pukifying the election rules again, for next time.

I don't think anybody ever said that "they" are omnipotent. Why are you exaggerating what election fraud activists have said? But they have issued reasonable, sensible WARNINGS that the election system is very vulnerable to theft, and that theft has most likely occurred. Should we STFU, or what? What are you saying? That cuz Franken might win by one vote, or a hundred votes, the warnings were alarmist? Can ANY warnings about potential election fraud BE alarmist, in these circumstances--a fascist coup for eight years, 100% non-transparent voting systems in half the country, and citizens having to fight tooth and nail for SOME--not total, merely SOME--transparency? Even a fairly good system like MN's--good for a 'TRADE SECRET' system--remains highly vulnerable to insider hacking. If the contest isn't close, there is no recount. And in that case, there is insufficient auditing to know for sure that it wasn't stolen.

After everything that has gone down--electronic purges of millions of black and other Democratic voters, massive, blatant vote suppression, study after study indicating that Kerry won in 2004, blatant thefts like Cleland in GA in '02, the Bushwhacks using the Dept. of Justice for political purposes, the $3.9 billion e-voting boondoggle that corrupted our system, and now a Democratic Congress with a 10% approval rating (worse than Bush's) which escalated the Iraq War when the people voted for them to end it--how can you pooh-pooh warnings about election fraud? Are you trying to make people stupid? Un-vigilant? Complacent?

[Randypiper]

40. Love Franken

Al thought that marriage was the best thing to ever happen to him. Why shouldn't same sex couples have the same opportunity. He said he ran into Newt recently and asked him about it. Wouldn't you think that the staying together through thick and thin just like in your first marriage would be good for gay couples? Or don't you think that the bonds of fidelity you had in your second marriage would be good for any GLBT couple? Or what about your third ...?

[Mad_Dem_X]

41. W00t! Awesome news!

:headbang:

[SemperEadem]

44. well, Merry Christmas and Happy Hannukah!

that's a nice little present for the country.

[bluesmail]

45. Just get Over It.

[wellstone dem]

47. And the order was signed by NFL Hall of Famer and

PURPLE PEOPLE EATER Justice Alan Page!!!!

Justice Page was not appointed to the seat, but ran for his seat.

[glinda]

63. He is very nice and super smart. One of my favorite Minnesotans.

[wellstone dem]

77. I don't know him, but I am acquainted with one of his kids

a very nice young man.

[glinda]

84. I interviewed him by phone for an article and

also met and sat with he and his wife at a lecture he gave. I felt very fortunate to have heard him express his observations about the dismantling of the justice system.

[LaStrega]

48. carry on Al!

I'm proud to have voted for you ... as did my daughter (she turned 18 in Sept. whew! what a time to be able to first cast your ballot!)

[Gman]

49. Franken turned Bush v Gore around on Coleman

arguing that equal protection mandates that all precincts would have to be recounted not just the ones Coleman wanted to recount.

[Backwoodsrider]

50. great now Coleman can go back to what he's really good at

...selling used cars.

[Initech]

53. Go, Al, GO!!!!!

[davidpdx]

54. Good news, but it's far from over

There are still the absentee ballots in the so called "5th pile" that need to be counted and plenty of more court challanges to come.

[waiting for hope]

58. Fantastic!

And gosh darn it, people like him!

Go, Al, GO!

[hadrons]

59. So when will Norm step aside to spare the state the expense ....

Coleman's reply: crickets

[Historic NY]

60. When will the Florida 2000 a--holes showup?

I'm sure they will come in like gangbusters. I've watch some of the ballot re-count proceedings and its been civil & organized. Colemans toast. when is his indictment coming through.

[defendandprotect]

64. Now SC Chief Justice John Roberts was part of this fascist rally---!!!!

[aquart]

82. Anybody know where these charmers are now?

[cyclezealot]

75. dam ventura screwing things up.

had it not been 4 ventura's clone senate candidate , Franken would have had a much easier time, of it... Let's hope Franken is our Christmas present.. Franken drives the Repubicans nuts. Coleman was one of their biggest priorities; Huffpo says Franken puts then in a panic... Let's hope Santa delivered ...

[Dumak]

76. I think there is good reason for optimism

Not only do more Democrats vote absentee (at least in Minnesota), but when you think about the kind of people who are going to be rejecting ballots for clerical errors, who are they? My thinking is that they are going to be the more authoritarian, more corruption-prone Republicans. I'm expecting a triple-digit win by Franken, maybe enough to stave off some of the challenges by Coleman.

[eleny]

78. Oh, the irony of arguing the Equal Protection Clause

Franken is using the same argument W's attorney's used against Al Gore in the 2000 election.

This tit for tat is delicious.

I hope Chief Justice John Roberts has a little heartburn over this wrapped in a bright red bow for Christmas.

[hbskifreak]

80. wo-hoo!

Rock on Team Franken!!

[HEyHEY]

81. He never said die!