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Minnesota Court: Count Some Of Those Rejected Franken Voters -- But Not All

The Minnesota election court has now taken some kind of meaningful action, handing down a ruling on a summary judgment motion that will now allow the counting of some -- but not all -- of a group of Franken-voters who filed a motion to have their rejected ballots counted. The ruling gives us some hints as to where things will go from here -- and it's not good news for Norm Coleman.

Out of over 60 voters who filed this motion, the court is ordering just 24 ballots to be counted at this time. The opinion lays out a pretty stringent standard for letting previously-rejected ballots in: It has to be demonstrated that the voter either fully complied with the relevant laws and procedures, and thus the rejection was wholly a clerical error, or that any actual non-compliance was credibly the fault of the election official.

An example of this second category would be if a voter pro-actively asked whether they were registered to vote, were told yes and provided an absentee ballot for a registered voter, but it turned out they really needed to re-register. This is a tough standard to meet, and will mean that the number of people who qualify for it will be a fairly limited number.

One person who didn't make the cut: Dennis Peterson, the rural St. Louis County voter I spoke to a few weeks ago, and who helped me figure out a lot about how the campaigns have had so many opportunities to fish for their own voters, or to work to keep the other guy's people out.

These 24 ballots should break almost entirely for Franken -- indeed, 15 of them filed affidavits specifically saying they voted for him -- so he does get something solid from this ruling. But again, the standards involved mean that it will take a long time to sort all this out.

So how does this relate to Norm Coleman's chances? He's currently fishing in a pool of nearly 4,800 rejected ballots, trying to get a bunch of them in. But this ruling seems to indicate he's not going to get very many of them in -- indeed, these 60 were some of Franken's best cases, and he's only scored on just over a third of them. Norm is casting a much wider net, so the success rate will probably be far lower.


25 Comments

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Maybe this will stop the Coleman pettifoggery.

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petit f***ery?

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pettifog |ˈpetēˌfôg; ˈpetēˌfäg|
verb ( -fogged , -fogging ) [ intrans. ] rare quibble about petty points.
• archaic practice legal deception or trickery.
DERIVATIVES
pettifoggery |ˌpetēˈfôgərē; -ˈfäg-| |ˈˈpɛdiˈˈfɔgəri| noun
ORIGIN early 17th cent.: back-formation from pettifogger .

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I think Skippy was offering a newly coined term that would seem to fit Norm's strategy to a "T".

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I think both do...

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This gives the standard for filtering Norm's 4800, (and maybe Al's other 700), but it does nothing to address the process whereby that filtering takes place. Right now, Coleman is being allowed to try each of his 4800 in open court indivdually by grilling county officials.

When and how is the court going to give the screening responsibility to someone besides the feew per day approach and bring this thing to a reasonable end considering due process?.

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This is exactly the problem. No matter what standard is used, as long as Coleman is allowed to argue each individual ballot, this will take a year, at least. They had a scheduling meeting yesterday afternoon to discuss just this issue, but nobody's talking about what, if anything, was decided.

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This painstaking pace of this trial makes one seriously wonder whether the Minnesota court hearing this matter has any sense of urgency whatsoever, and whether the state will even see its second senator seated before the July 4 congressional recess.

At some point, a higher legal or political authority has to intervene and make a decision here, i.e., someone has to win and someone has to finish second. It is patently irresponsible for the state courts to allow the Coleman campaign the discretion and opportunity to change its case's scope and parameters with the wind, and thus drag this out for the indefinite future like it was litigating an insurance claim.

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Courts don't care too much about timeliness, especially in instances like this.

That said, it's pretty clear that the entire purpose of this challenge has gone from getting Coleman seated(even he must see that the odds of that's happening are vanishingly small)to keeping the seat unfilled(and thus out of Democratic hands)for as long as possible--this results, essentially, in a vote for the Republican caucus--or a half a vote, if you will--and that is a big thing in these times.

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It seems that the Coleman goal is only to drag this out as long as possible to keep Al from his Senate seat and becoming the 59th vote on major issues. Coleman know his odds are between slim and none, but the GOP simply wants to keep the seat empty.

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Me thinks dat dar Harry Reid has issue with a guy that has spoken critically of his unending whimpitude . . . Franken has more unfriendlies reacting unsmilingly at him than we presently regularly count.

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It seems likely that Reid is not going to send Franken a birthday card this year, but they had no real problem letting Lieberman jump right back into the Dem caucus after he crapped all over them in the election.

The Senate just won't appoint someone without the election certificate and that hasn't been issued because of this ridiculous court case. It may not be the law that they can't appoint Franken, but it's Senate procedure, and they are all about the procedure... Perhaps if there were a pressing issue that didn't look like it would pass and Franken was still cooling his heels 8 months from now, the Senate might act, but I'll be surprised if they do anything without the approval of the Mn court.

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This trail will continue on at a snails pace until the stimulus passes completely and is signed by President Obama. Once that happens I expect the Judges to make a major ruling that will either end the case or greatly dash Coleman's long shot hopes.

I mean given the standards they set for Franken's ballots, couldn't they simply tell Coleman to greatly slash his 4800, I mean he's arguing cases where the signatures didn't match, where places were not signed, etc.

They're playing the game with him. I guess the fact that they are playing the game is good news for Franken because they wouldn't bother dragging it out if they were going to give Coleman what he wants. So Franken just has to sit on the sidelines and wait.

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Posters carwinrpc and xargaw are entirely correct. At this point, this is about denying Senate Democrats another seat. With Franken seated, they need to peel off just one GOPer to get to cloture on anything. That will be hard enough with the GOPers enforcing their typical Prussian-style discipline and angling for the 2010 (if not 2012) elections.
And that is the meta-issue here...let's not kid ourselves. The GOP is willing to let the country suffer (indeed...they're hoping the country suffers) to write their ticket back to power. Coleman's struggle is a small but significant piece of that strategy.
Does anyone out there know just who is funding Norm's legal efforts at this point (and not his fending off a separate criminal investigation)? THAT could be a real 'tell'...

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You may be over-optimistic about being just one vote short of getting cloture. I listened to Ben Nelson (D-Nebraska) on Rachel Maddow's show yesterday and, honestly, he sounded just as clueless about ... well, just about everything ... as any Republican. If there are more like him lurking in the Dems' vote counts, it won't be a question of a bumpy road ahead but one of: Where are the surveyors?

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Good point. The Democratic Senate Whip (who holds that post, by the way?) must have one of the toughest jobs in Washington. Marshalling Dems for a vote is like herding cats.

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Can anybody give an estimate how long it will take to slog through Coleman's 4800 votes (and Franken's 700)? At ten a day, and 240 working days a year, we are looking at 2011. I'm expecting more than ten a day, but not one hundred. Even at fifty, this will take four months.

Anybody got a real guess?

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The repubs have no respect for the law or the voters or the country or best interest of anything or anyone but themselves. I think this behavior should have a clinical diagnosis and a name like "Republican Syndrome" or "Selfish Obsessive"

They do everything they can to suppress voting from any group not reliably conservative and then cry and whine and grandstand in the courts when they want their votes counted. Coleman himself has already taken another job but I am sure his masters in the repug party have made it clear that he will be expected to beat this dead horse for as long as possible to keep Al Franken out of the Senate and keep the Dems having to beg for the 60 votes they need to get anything done.

I honestly would love to see the repubs have to do a real filibuster against the stimulus plan and have Americans look at these clowns on TV and remember their names and faces. We all need to see the idiots who would let the country burn down rather than let something pass that benefits working people and not just the rich fucks and corporate robber barons repubs seem only to care about.

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You're right about the Minnesota Supreme Court not caring about how long it takes to complete this. I'm willing to bet they are deliberately taking their time so the can set a rock solid precedent, strong so enough that this type of case won't make it up to their level again.

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All Coleman has been doing is screwing the people of Minnesota for his own selfish ends. The chances of his winning the election are now worse than 1 out of a thousand now, yet Minnesota needs both its senators to be in Washington RIGHT NOW to help in the economic recovery of the country and particularly the Minnesotans. Coleman's more than a jerk; he has become an enemy of the hard-working people of Minnesota.

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Norm has been doing this for six years now . . . Why do you think it would be different just cuz he got tossed off the payroll?

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Why doesn't Norm believe Michael Steele when he says government jobs aren't real? Why spend this time and money on something that doesn't really count for anything?

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I don't blame the trial court for the delay. I blame the Minnesota Legislature. They are the ones who enacted the foolish statute that requires a final decision on election appeals before issuance of an election certificate. Election contestants should be required to get a temporary injunction against the certificate if they don't want their opponents seated while the contest proceeds. (That would require the contestants to prove that they are likely to succeed on the merits, that they will suffer irreparable harm, that the injunction is in the public interest, etc.)

Fortunately, Franken has a decent argument that the statute doesn't apply to elections for U.S. Senators.

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One wonders if the Deep Blue Marine lawsuit will eventually be the deciding factor here. I'm pretty sure it is still being pursued.

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Whoops, that should be Deep Marine Technology--sorry.

I just checked and Deep Marine has asked for and received a 60-day delay to conduct an internal investigation.

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