Franken-Coleman Senate trial hinges on voter mistakes

[Why Syzygy]

Source: AP

2/25/2009 12:40:37 AM

Associated Press
"We're trying to get a consistency in how these ballots are looked at and how they're evaluated," Coleman attorney Joe Friedberg told the judges. "You're the panel. We want it to be your eyes."

Franken's attorneys have at times seemed almost apologetic in arguing to exclude ballots like the one cast by DeMuth. Their message: We may not like it, but it's the law.

"This is not about whether I like the laws of Minnesota when it comes to absentee ballots," Franken attorney Marc Elias said. "If the Minnesota Legislature wants to lower the barriers to absentee voting, that's something I would wholeheartedly endorse."

Read more: http://news.postbulletin.com/newsmanager/templates/localnews_story.asp?z=16&a=387139

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Now the GOP wants to fix election problems.

Ritchie discusses election issues
http://www.bemidjipioneer.com/articles/index.cfm?id=21779§ion=news

Senate trial digs into voter complexities
http://www.bemidjipioneer.com/articles/index.cfm?id=21775§ion=News

[murielm99]

1. It surprises me that few Democrats know about this

situation. I have had to explain the whole trial to many Democrats around here. Even some of the more knowledgeable Democrats in our state capitol know very little about what is happening with this case.

The media does not seem to report much about it.

Thanks for keeping us informed.

[Why Syzygy]

2. Coleman is calling voters to testify.

DeMuth's case is just one example of the dozens of decisions before the judges in Minnesota's U.S. Senate trial. They are expected to rule by Monday on the legal legitimacy of 19 different reasons for rejecting an absentee ballot in Minnesota. The highly anticipated decision is expected to instill momentum to a trial that crawled through its first three weeks consumed mostly with extracting trivial details over large piles of specific ballots.

"I want my vote counted," DeMuth, who tried to vote for Republican Norm Coleman, said on the witness stand a few days ago.

[droidamus2]

3. Look at the argument

Coleman's people claim they are just looking for 'consistency on how the ballots are looked at'. Gee isn't that the argument the Bush people and subsequently the Supreme Court used in stopping the Florida recount and giving the presidency to G. Bush? I see Coleman trying to push this thing into the federal courts and hoping to use the Bush decision as a precedent.

[w4rma]

4. Coleman is stalling to keep Franken out of the Senate for as long as possible.

He's already lost this seat. And any gains he makes will be counteracted by more gains for Franken.

[SavageDem]

5. Word.

That dumbf*ck Coleman is just - in typical Republic (sic) fashion - being obstructionist. He has lost the battle and war. Zero, zip, nada, zilch, bupkiss chance of regaining the seat. As you say, if he were to gain any votes, Franken will also get to count as many or more of his rejected absentee ballots.

[Mz Pip]

6. So Coleman wants

what wasn't allowed in Florida in 2000. I'm sure all those Jewish people who mistakenly voted for Buchanan on those Butterfly ballots would have just loved to testify as to who they really intended to vote for.

I'm sure Coleman was just fine with that.

[BlueIdaho]

7. Coleman's goose is cooked...

Fuck him - its time to turn up the heat on the governor and state legislators. I say its time for a few carefully orchestrated demonstrations at the state capital. Invite the media and embarrass the shit out of Timmy boy and the fat asses that are sitting on their hands. Make old "Good and Plenty's"national political future look a little bleaker and see how long this kabuki theater lasts.

[struggle4progress]

8. Coleman dealt another setback vs. Franken

By Michael O'Brien
Posted: 02/25/09 10:56 AM

A Minnesota court rejected on Wednesday a request by Norm Coleman to re-evaluate 933 absentee ballots both he and Democrat Al Franken had agreed to count, dealing the Republican another blow in his bid to win the state's contested Senate race.

Coleman had sued Franken to prevent those 933 ballots from being stripped of voter identification, making them impossible to re-evaluate at a later date. Coleman's campaign had sought to have those ballots re-evaluated under standards for absentee ballots set forth by the three-judge panel overseeing his challenge to Franken's 225-vote lead certified by a state board last month.

The campaign had agreed to count this pool of ballots ahead of the commencement of the election challenge.

"The parties' stipulation, and the Court Order arising therefrom, is binding," the court hearing Coleman's suit wrote in a unanimous decision. "The Court finds the public interest in ensuring the fundamental right to secrecy of a voter's ballot and the importance of upholding contract law weighs against granting <Coleman's> motion for injunctive relief" ...

http://thehill.com/leading-the-news/coleman-dealt-another-setback-vs.-franken-2009-02-25.html

[druidity33]

9. check out TPM

and Eric Kleefeld's ongoing series of update. Usually 2 a day during the week. An excellent young reporter who's dedicated to this case. Also, over at FDL Emptywheel has the best legal analysis wonks anywhere on the web.

They all say the same thing. Norm is fucked. He's just stalling now. The appeal will die a quick death. MNSC will reject it on its face. And the SCOTUS will not touch it.


Only a matter of time. Wanna start a pool?

I say March 10th Franken is seated.

[Why Syzygy]

15. I've been using TPM

also. I REALLY appreciate the continued focus from them.

[struggle4progress]

10. Senate trial digs into voter complexities

Scott Wente
Bemidji Pioneer
Published Wednesday, February 25, 2009

ST. PAUL — Kay Mack only talked about a handful of ballots, but her testimony Tuesday illustrated the complexity of a major issue in the U.S. Senate election trial.

The Beltrami County auditor-treasurer told the court that her county interpreted an absentee ballot law about voter registration differently than did other counties, but Mack also said she was confident Beltrami County properly rejected unlawful ballots ...

State law requires an absentee ballot witness to be registered to vote in Minnesota, but an issue before the court is when, technically, that witness must be registered — is it when the witnesses signs the ballot envelope or is it Election Day?

Mack said the registration deadline used by her county actually is the date that election officials review the ballot, not Election Day nor the day the witness signed the document ...

http://www.bemidjipioneer.com/articles/index.cfm?id=21775§ion=News

[struggle4progress]

11. Appeals may delay Pawlenty's signature on election certificate

by Tom Scheck
Minnesota Public Radio
February 24, 2009

St. Paul, Minn. — Several members of the U.S. Senate have said that a candidate can't join the senate until he presents a proper election certificate. And state law says a proper election certificate can't be issued until there has been "final determination" of an election contest ...

Gov. Tim Pawlenty says his signature on an election certificate may be delayed until appeals on both the state and federal level are exhausted.

"It's not a matter of what I want or don't want. It's a matter of what the law allows or prohibits," Pawlenty said. "If the matter is appealed, the lower court order will almost certainly be stayed in legal parlance, or what that means is held in abeyance, and so that doesn't have force and effect. It would be improper for me to sign the certificate under those circumstances. If they order me to sign the certificate and there's no appeal or there's no stay of that order, of course, I will follow the law, but I'm not going to sign a certificate until it's the legally appropriate thing to do."

Pawlenty added that he hopes the courts will give him guidance on when he can issue and sign the election certificate ...

http://minnesota.publicradio.org/display/web/2009/02/24/certify/?refid=0

[CBHagman]

12. Oh, jeez, more delays.

How long can this endure? What is public opinion like in MN?

[Cleita]

13. This really highlights how screwed up the counting of absentee ballots is.

I often wonder if my ballot counts because our whole precinct has to vote absentee. We have no polling place for our precinct or that's the excuse the County Clerk gave us when we had to do mail in ballots.

[marshall]

14. Wasn't that the problem with Florida too?

Trying to guess as to what the voter intended when a mistake was made?

I guess it's a little more clear with absentee ballots, because aren't their names on the actual ballot? So they can call in the person and ask her or him how they meant to vote.

Still it makes for a long process.

[footinmouth]

16. No, names are not on the ballot

The names and identifying information are on the outer envelope. The actual ballot is inside a secrecy envelope which will not be opened until the info on the outer envelope has been verified and deemed valid. This is the process the court is currently dealing with in this election contest.

[No Elephants]

17. What happened to the bill in the Minn. State Legis. to seat Franken provisionally?

http://minnesotaindependent.com/25433/bill-to-seat-franken-could-put-pawlenty-in-a-pickle-kahn-says