Custom Search

Friday, March 06, 2009

State high court denies Franken bid for election certificate

Jim Mone, Associated Press
Norm Coleman attorney Jim Langdon argues against an Al Franken motion to dismiss during the Senate vote recount trial Friday.
Please click onto the COMMENTS for the story.

6 Comments:

Blogger Bob said...

The Democrat had sought to be seated in the U.S. Senate provisionally while Republican Norm Coleman's lawsuit plays out. Meanwhile, Franken also is pressing to have that suit dismissed.

By PAT DOYLE and KEVIN DUCHSCHERE, Star Tribune staff writers

Last update: March 6, 2009 - 5:45 PM

The Minnesota Supreme Court today ruled that Al Franken was not entitled to be certified winner of the U.S. Senate election pending the outcome of a trial challenging his 225-vote recount lead.

The court said state law says a certificate of election cannot be issued until the state courts have finally decided an election. The court also said federal law did not require states to certify senators by the time a new term begins in January. Moreover, it said the U.S. Senate could always seat Franken even without a certification.

The action came as attorneys argued motions in court, including a Franken motion to dimiss Coleman's case

Coleman's team has argued in court that the recount, which gave Franken a 225-vote lead, was flawed and that hundreds of wrongly rejected absentee ballots should be tallied.

Franken attorney Marc Elias will tell the presiding judges this afternoon that although Coleman's lawyers have identified hundreds of absentee ballots as wrongly rejected, they have proved that only nine such ballots are valid.

In a motion filed at midday opposing Franken's request, Coleman said his side has "presented compelling evidence that thousands of Minnesota absentee ballot voters have been disenfranchised." He said their votes should be counted as a matter of fairness, constitutional law and Minnesota's election laws.

The filing said Coleman's lawyers have presented evidence through testimony and documents that 1,725 rejected absentee ballots were legally cast and should now be opened and counted.

In addition to calling for the inclusion of absentee ballots that he says were wrongly rejected, Coleman said other absentee ballots that were tallied during the recount but do not meet standards set by the judges during the trial should not be accepted.

On another motion, Coleman attorney Joe Friedberg will ask the court to set aside a rule that was used during the recount to handle original and duplicate ballots. The rule, drawn up the Secretary of State's office, said that original ballots rather than their duplicates should be tallied during the recount.

Friedberg will argue that the rule is invalid because it relied on election judges to mark all duplicate ballots; that didn't happen, Friedberg will say, leading to the double-counting of votes during the recount.

As proof, he will point to 10 precincts in Minneapolis -- a city that Franken carried -- where more votes were recorded in the recount than voters who cast ballots on election day.

The recount trial heads into its seventh week on Monday.

Kevin Duchschere • 651-292-0164

8:44 PM  
Blogger Bob said...

So who is it going to be Norm Coleman OR Al Franken?

8:54 PM  
Anonymous Anonymous said...

Franken has won the election. At this point the RNC is just paying lawyers to keep him out of office as long as possible.

Norm has a new job as a rain maker doing better than he ever would have done in public life.

This will play itself out with Franken winning each round, but the RNC paying the lawyers to keep the Senate short one Democrat vote as long as it can.

And, my fellow Dem's can cry that there ought to be a better system, but there isn't every once in a while a vote is this close and it goes to court. It is no great crime. The revote idea is total BS because it isn't tied and any close race will have this debate.

What this does prove is that Instant Run Off Voting would be a disaster and would disenfranchise thousands of voters. Did people see how many ballots are thrown out because people can fill in one dot correctly? Imagine how insain it would be if the Green Party gets its IRV garbage?

They would still be going through the first count and hundreds of thousands of votes would have been screwed up.

JMONTOMEPPOF

Chuck Repke

11:38 PM  
Anonymous Anonymous said...

Bobby your doing great hope you branch out to be a citizen journalist re: UpTake
http://theuptake.org/

Hey I need the cable cord for Video, to my camera's

Hope this site is helpful Its never over always another election over the Hill in October

11:04 AM  
Anonymous Anonymous said...

If a new election is called, PS Bill Dahn ran for US Senator on the Independance Party
http://billdahn.blogspot.com

5:27 PM  
Anonymous Anonymous said...

interesting take on this decision...


danno the spelling nazi...

8:33 PM  

Post a Comment

<< Home