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It's up to the Secretary of State to decide whether a ballot conveys the clear intent of the voter, not the campaigns involved. The court’s ruling that all three parties had to agree to count any particular ballot was just dumb, dumb, and double dumb. Franken’s campaign made an announcement that they want to see all the ballots counted, and the Secretary of State has (I think) already ruled that some 1,300 ballots were wrongly excluded from the count. I don’t know if Franken’s general statement in favor of democracy – that is, counting the ballots cast – is a formal declaration that the Franken campaign has decided to count all the ballots.
I hope it’s not, because that means it’s up to the Coleman campaign to decide just which ballots to count, since both the Secretary of State and Franken want to count all of the wrongly excluded ballots. Because the decision whether to count a particular ballot (but not exclude it) must be unanimous according to the dumb ruling by the Minnesota Supreme Court, then the Coleman campaign is in a position to pick and choose the ballots it will allow.
What Franken should do, if he was a real cutthroat politician uninterested in the process but only the results*, is to formally state that he doesn’t want to count any of the excluded ballots. He has the lead right now, and his refusal to count any more ballots means he wins, and he can declare himself the winner. Following the fucked-up logic of Bush v. Gore, I’m sure the U.S. Supreme Court would have no choice but to affirm Franken’s declaration of victory.
*You know, a typical Republican.
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