Minnesota Election Court Nixes Coleman's Bush v. Gore Gambit, Denies Motion To Count 4,500 Ballots

[deminks]

http://tpmdc.talkingpointsmemo.com/2009/02/minnesota-election-court-denies-coleman-motion-to-count-4500-ballots.php

The Minnesota election court has just handed down a major ruling, completely denying Norm Coleman's motion for summary judgment that would have opened up and counted a set of roughly 4,500 rejected absentee ballots that his campaign insists were wrongly rejected and ought to be counted.

Earlier today, the court similarly rejected Franken's attempt to have the ballots set aside entirely and to limit Coleman to a pool of 654 ballots, which at the time the Coleman camp was hailing as a major victory that will ensure votes are counted. But it turns out it's not that easy.

The upshot of the two decisions is that Coleman may argue on behalf of these voters, but there is no guarantee that they'll be counted. Instead, he'll need to argue for them one by one. And of course, the Franken campaign will have a full opportunity to cross-examine Coleman's witnesses -- many of whom have demonstrated that they in fact committed clear errors in filling out their ballots -- and to also play this same game down the road.

Specifically, the court shot down the Coleman campaign's claim that absentee voting in Minnesota should be regarded as a right, rather than a privilege, and that the four specific reasons for rejecting an absentee ballot are clear and fully binding: "A citizen who exercises this privilege can register and vote, by the terms of the law, only by complying with provisions."

The court also rejected the Coleman camp's comparison of this case to Bush v. Gore, and their invocation of an equal protection argument in the unequal treatment of absentee ballots by individual election officials across the state. In fact, the court said, the standards are clear and objective.

[mucifer]

1. how many more months of this?

[deminks]

2. Depends on how many more witnesses Dufus brings up, and how

long all his money holds out, and how long Bennie Ginsberg can hold on. Hang in there, Al.

[blue sky at night]

3. Hey, you know the way this thing is going....

maybe we will have a decision before 2012, but then again...........

[Massacure]

5. What's so special about 2012?

Senators hold their seats for six years... The next Senate election for that district won't be until 2014.

[DCKit]

4. Here's hoping Norm is waking up with night terrors and sweats on the hour... n/t

If that asshat had any shame, this would have ended in November.

[Undercurrent]

6. ? I'm confusalated'

Minnesota Judges Give Coleman Election Challenge a Lift

A three-judge panel considering Norm Coleman’s election challenge in Minnesota handed the former Republican senator a partial victory on Tuesday, allowing the inclusion of roughly 4,800 rejected absentee ballots during the recount trial.

Mr. Coleman’s legal team was seeking the reconsideration of some 11,000 ballots, but even the smaller number could tip the balance of the contest once the trial, now in its second week, comes to an end.
more... http://thecaucus.blogs.nytimes.com/2009/02/03/minnesota-judges-gives-coleman-election-challenge-a-boost/



Coleman Victory: Thousands More Ballots To Be Considered

The Minnesota election court ruled on Tuesday that nearly 4,800 rejected absentee ballots should be reexamined in the process of determining the winner of the state's still contested senate election.

The ruling seemed to be a partial blow to Democratic challenger Al Franken, who ended the first official stage of the recount process up by a scant 225 votes. But aides close to Franken say they are neither surprised nor concerned by the court's order.

"We feel good," said an aide. "It is sort of the Minnesota way to count all these ballots, so we are not incredibly shocked."
more... http://www.huffingtonpost.com/2009/02/03/coleman-victory-thousands_n_163715.html

[deminks]

7. The article at your second link has been updated and explains

Your links are talking about the earlier opinion that was issued by the panel that all 11,000 ballot "may" be counted.

There was a second opinion issued later today that essentially makes Norm argue for each of the ballots to be counted individually. That is going to cost Normie a lot of time and money. And he has no assurances that any of the 11,000 ballots will be allowed to be counted.

[Undercurrent]

8. Thanks!

That explains it.

If Coleman would just slither back under his rock, we'd be spared this crap.

[deminks]

9. Exactly!

:evilgrin: