The Washington Independent
The Washington Independent

Court Denies Coleman Lawsuit to Halt Certification of Minn. Election

The Minnesota Supreme Court issued an order late Monday morning (pdf) denying an emergency motion from the Norm Coleman campaign to stop the State Canvassing

Thomas Dixon
News
Last updated: Jul 31, 2020 | Jan 05, 2009

The Minnesota Supreme Court issued an order late Monday morning (pdf) denying an emergency motion from the Norm Coleman campaign to stop the State Canvassing Board from certifying the vote in the statewide Senate recount. That clears the way for the canvassing board to certify this afternoon that Al Franken received the most votes in the Nov. 4 election as determined by the recount that followed.

In its order, the court wrote that “the threshold question before us in this motion is whether disputes over rejected absentee ballots can be resolved in this automatic recount proceeding, or whether they must await an election contest proceeding.”

Only “obvious errors in the counting or recording of the votes” that all sides could agree on, the court said, should be fixed in the recount that the canvassing board will certify today. All other disputes belong in a court action called an election contest that either side may file within seven days of certification.

That reasoning goes some way to explain an aspect of the court’s Dec. 18 ruling (pdf) that has since been roundly criticized: a provision allowing the Franken and Coleman campaigns to remove from the recount even those absentee ballots that election officials decide should have been included on Election Day.

“[W]here election officials and the parties agree that an absentee ballot was improperly rejected, correction of that error should not have to await an election contest. We therefore ordered that any absentee ballot envelope that local election officials and the candidates agree was rejected in error should be opened and its ballot counted, subject to challenge by either candidate. In doing so, we implicitly recognized that any agreement among the parties was voluntary and, absent such an agreement, resolution of those disputed ballots would need to await an election contest proceeding.”

The order today carried the signature of Associate Justice Alan Page — who was first in line to criticize the court’s Dec. 18 order with a blistering dissent. As with earlier recount issues, the two members of the court who are currently serving on the State Canvassing Board — Chief Justice Eric Magnuson and Associate Justice G. Barry Anderson — did not take part in considering or deciding the question. All legal filings before the court related to the recount are available online.

Chris Steller is a reporter for TWI’s sister site, The Minnesota Independent.

Thomas Dixon | He creates the ideal marketing experience by connecting online brands with their target audiences. He recently completed a research paper on consumer conversion and took part in a community project on SEO optimization. Thomas is working on his Bachelor of Arts in Communications and plans to intern in an online marketing department soon.

Related

$1.89 billion given to states to fight HIV

The federal government Monday announced more than $1.89 billion in funding to states to fight the HIV epidemic with access to care and with more cash for the failing AIDS Drug Assistance Program. According to an HHS press release , $813 million of that money will go directly to the ADAP programming. An additional $8,386,340 will be issued as a supplement to 36 states and territories currently facing a litany of unmet needs and access issues.

Army Data Shows Constraints on Troop Increase Potential

If President Obama orders an additional 30,000 to 40,000 troops to Afghanistan, he will be deploying practically every available U.S. Army brigade to war, leaving few units in reserve in case of an unforeseen emergency and further stressing a force that has seen repeated combat deployments since 2002.

1. Brian Schweitzer

As governor of Montana, Schweitzer doesn’t represent one of the most highly populated, high-profile electoral states in the country. But this

$1.3 Million for Brown

The GOP’s candidate in the Massachusetts special election raised more than one million dollars -- double the goal -- in a 24-hour moneybomb on the Ron Paul

$1.3 trillion in federal spending unaccounted for, report finds

Despite calls for independent bodies to keep government accountable, the Sunlight Foundation’s most recent Clearspending report has found the federal

#1 in Conspiracy Theories

Andrew Young’s tell-all biography of John Edwards, hitting shelves next week, is surging in one Amazon.com category in particular. #1 in Conspiracy

1 Brigade and 1 Battalion

ISTANBUL – It’s 10 p.m. in the lowest level of the Istanbul airport. In 20 minutes I’ll be allowed to board my plane to Kabul, bringing me to the

$1 Million for Toomey

Pat Toomey, the former Club for Growth president and leading Republican candidate in Pennsylvania’s 2010 Senate race, has announced a $1 million haul in the

1. Lindsey Graham

Sen. Graham (R-S.C.) is typically regarded as a reliable vote for his party, but he took the bold step of breaking with his fellow Republicans to join Kerry

Bachmann uncomfortable over earmarks ban

Republicans appear to have boxed themselves into a corner with their portrayal of earmarks as wasteful spending, as many of them have backed a moratorium on

Troubled mine holds hope for U.S. rare earth industry

China currently controls 97 percent of the world’s rare earth production. The Mountain Pass Mine could change that -- if it can overcome serious environmental concerns.

© Copyright 2021 The Washington Independent All Rights Reserved

Terms & Privacy | twi.news@washingtonindependent.com