Minnesota Court Hears Motion To Dismiss The Case
Another series of arguments took place in the Minnesota election court today, as lead Franken lawyer Marc Elias argued the campaign's motion to dismiss Norm Coleman's whole lawsuit, either in whole or at least partially.
Some good news: The "partially" part is now guaranteed, as Coleman lawyer James Langdon agreed during his counter-argument that the claims in the suit that weren't argued when Team Coleman presented its case have been abandoned and could be dismissed.
The others, as you can imagine, remained very contentious.
Elias reiterated his charge that Coleman has failed to present evidence on the absentee ballots he wanted to present -- and pointed out how Coleman's numbers seem to use a different standard, noting that they don't have the full registration information.
"I think a clue to where they get their number -- and I may be wrong, it's found in their brief -- because their brief seems to take the position that the registration of voter and witness is at this point optional."
Elias quoted a part of Coleman's latest brief, saying the lack of registration information "should not be dispositive" because of clerical errors in the system. "It's an essential element to prove that the voter was registered and the witness was registered," Elias said. "This court ruled that a month ago. A month ago."
"They chose how to put on their case," Elias added later. "They chose not to call more voters. They chose not to introduce more applications. They chose not to prove registration. Maybe they made the choices they did because their claims have no merit."
Elias acknowledged that courts usually do not dismiss a case right after the plaintiff has rested, but he said the option is always available -- and the state needs a Senator. "I would submit that this is exactly the kind of case where judgment should be granted at the close of contestant's case."
Coleman lawyer James Langdon responded. "To listen to Mr. Elias, it's been a complete waste of time," said Langdon. "Contestants have proved nothing, the court has learned nothing, Minnesota has learned nothing about this election and how its electoral system works. Nothing could be further from the truth."
Langdon said the evidence shows that ballots have been excluded in some counties when similarly-flawed ballots were counted elsewhere, demonstrating two things: That the counties themselves used a substantial compliance standard that should be applied uniformly, and that leaving things as they are is a violation of the constitutional right to Equal Protection.
As for the incomplete data in his evidence, Langdon blamed the clerical errors in the statewide voter database*, saying they've effectively altered the requirements for more information: "We have demonstrated that the system is ultimately unreliable, at least on this point on such an important issue as whether a voter is registered or a witness is registered if that's what this court is going to rely on in determining whether a ballot was legally cast."
Langdon summed up his case, against dismissal: "We believe that we have presented competent, persuasive evidence so that on a preponderance of the evidence, this court can find that there are a material number of ballots that should not have been rejected -- and by material I mean a significantly larger number than 225."
(*Note: As we learned a couple days ago, the database is broken because of this case, and the backlog of work it has created for election workers throughout the state.)




















Stupid question, what is the difference between this hearing and whatever this ruling was about?
March 6, 2009 6:40 PM | Reply | Permalink
This was a hearing for the trial court to declare that Coleman hadn't proven his case and therefore Franken wins.
The other was a decision by the MN Supreme Court on a petition by Franken to sidestep the trial court & order a certificate of election to be given to Franken pending the outcome of the trial court.
March 6, 2009 6:45 PM | Reply | Permalink
Thanks.
March 6, 2009 10:52 PM | Reply | Permalink
My prayer:
Court to Norm -
You needed to show us, conclusively, that at least 225 votes for you were not counted. Or 225 for Franken were invalid. Or some combination of the two.
You have not shown this. Therefore, we see no need for Senator Franken to continue with this case.
March 6, 2009 6:44 PM | Reply | Permalink
Oh, and Norm? Before you leave, you can pay Senator Franken's attorney costs.
March 6, 2009 6:47 PM | Reply | Permalink
Eric-excellent summation of today's proceedings!
In listening to the arguments, I was most struck by the ephemeral nature of the Coleman case. It's very difficult to pin any of his numbers down. He says there are 17 hundred-some ballots in contention, but which ones are sort of a mystery. If someone pushes on that number, then they start talking about how bad the original count was-which is not a point in this hearing. He says he has full documentation for some undetermined number of absentee ballots, but it's not all here yet, and what is here shouldn't meet a strict standard, and you know, the system is broken anyway. My head sort of floated away trying to find something concrete in his arguments.
In contrast to Coleman's talking point about the near impossibility of documenting particular ballots because the database is so broken, Franken has put at least 50 voters on in the last 2 days with full documentation. He was still waiting on maybe 5 pieces of paper out of the 150 he needed to "prove" a ballot for each of these voters.
Coleman was also contesting the "Rule 9" decision-again. In retrospect, he thinks that the agreement among all parties that the "best" evidence was original ballots (vs. duplicates made to run through the machines) was a poor decision. Asked for a remedy, he wandered down another road and didn't answer the question. Probably because the only possible remedy is a re-do.
Franken's positions were looking strong today, but it's always hard to say how these things will be decided. I suspect that at the least the Rule 9 thing will be tossed and the Coleman case will be severely pared down. Actually, the way things stand now, of Coleman's original 15 (?) points, he's only still arguing about 4.
March 6, 2009 7:15 PM | Reply | Permalink
While the Coleman filed contest may initially state its case their conduct in the courtroom seems to be an exercise in making up your case on the fly. One day they argue for one point and the next day they argue against that point and since they don't seem to be getting anywhere they are now just trying to say that the whole process had some errors and should not be relied upon so a redo is needed. If they are successful in this approach we will go into a new level of having to redo every election that is close because there may have been enough errors to influence the election results. This is no matter how much care the state tries to exercise to run a clean and fair election. I really have a hard time seeing the court rule in this way. What I do see is the court becoming substantially more careful in its rulings because the think that their verdict is going to be appealed and they are trying to make sure that they don't give the Coleman team anything to hang their hat on. This just strings out the end because I think that Pawlenty said that he wouldn't sign the election certificate until appeals were done. If Franken is seated by the 4th of July he may be lucky.
March 6, 2009 9:50 PM | Reply | Permalink
The problem Coleman is having is proof. They find that stating a negative makes it hard for the Franken team to argue. So they may think that is. The Franken team has had all their arguments lined up and are assisting the Judges as well as giving the Judges talking points. I lost count of the number of times the question ask of the Coleman team came from the argument the Franken team made. I also notices that there was one question for the Franken team verses a number at one point by all three judges being fired at the Coleman team. IMHO this will play out a little longer only to cover the bases of appeal.
March 7, 2009 2:44 AM | Reply | Permalink
Also forgot to add Franken will be seated within two weeks. Just a feeling.
March 7, 2009 2:45 AM | Reply | Permalink
I hope you're right, Free Thinker. We need Franken now--especially with Sen Kennedy in such ill health. He may not be able to make all of the important votes (and they're ALL important votes at this point).
March 7, 2009 6:13 PM | Reply | Permalink
Right in one!
March 7, 2009 3:18 AM | Reply | Permalink