State board will count missing Minneapolis ballots in Coleman-Franken Senate race (Updated)

[Bjorn Against]

Source: St. Paul Pioneer Press

The state Canvassing Board has voted to count 133 missing ballots from a Dinkytown precinct, despite the objections of Republican U.S. Sen. Norm Coleman.

Minnesota Attorney General Lori Swanson told the board this morning that the ballots could be included, the second big victory for Democratic challenger Al Franken in his effort to unseat Coleman. "I believe there is authority ... to include the election night returns," Swanson said. The board seemed more than willing to accept the results, despite a 2002 case cited by Coleman where a court threw out 17 ballots that were tossed in a fireplace during a statewide recount.

snip

A separate but crucial opinion from Swanson's office says improperly rejected absentee ballots can be counted as part of a statewide recount. There are 638 of those ballots thus far identified by local elections officials in 49 of Minnesota's 87 counties.

Franken has argued that all properly cast ballots be counted, even if they weren't included in Election Day totals because of an election judge error. Coleman has objected to the counting of improperly rejected absentee ballots, saying they should be dealt with in an election challenge overseen by a court. Coleman held a 215-vote lead over Franken prior to a statewide hand recount getting underway. Just who is ahead at this point is unclear because the candidates challenged the validity of 6,655 ballots. More than 2,000 of those challenges have been withdrawn.

Read more: http://www.twincities.com/ci_11205362?nclick_check=1

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State official: Wrongfully rejected absentee ballots could total nearly 1,600

By PAUL WALSH and BOB VON STERNBERG, Star Tribune Staff Writers

Last update: December 12, 2008 - 11:02 AM


Several hundred absentee ballots have been wrongfully rejected in the Nov. 4 election and that total could more than double by the time all Minnesota counties turn in their reviews, the secretary of state's office told a panel charged with overseeing the recount in the overtime U.S. Senate contest between Republican incumbent Norm Coleman and Democratic rival Al Franken this morning.

The state Canvassing Board is methodically pushing Minnesota another step closer toward deciding who it elected last month to the Senate.

The board was told this morning that 49 of the state's 87 counties have examined 4,823 rejected absentee ballots and 638 of those were determined by local officials to have been wrongfully rejected.

Deputy Secretary of State Jim Gelbmann also reported that if that trend holds -- with more than 13 percent of the rejected absentee ballots tossed improperly -- there would end up being nearly 1,600 wrongfully set aside.

http://www.startribune.com/politics/national/senate/36043514.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aULPQL7PQLanchO7DiUs

While it looks like this will be going to court there is no doubt that this was a great day for Franken, and it is going to make it a lot more difficult for Coleman to disenfranchise the voters who legally cast ballots on election day.

[Wetzelbill]

1. I don't care who the people vote for

If somebody casts a discernible vote it should be counted. Period. Republicans are always trying to disenfranchise voters, let people vote, it's our right.

[JDPriestly]

2. Actually, the Senate gets the last word on this according to the

Constitution. No matter what a court may decide, the authority to judge the elections of senators and the qualifications of senators is vested in the Senate.

[Bjorn Against]

3. If it goes to the Senate...

If the Senate were to intervene then you are right, but I don't think the Senate will intervene unless it becomes an absolute necessity. If there are counties that refuse to count their wrongfully rejected absentee ballots then I could see the Senate order that they be counted, but that is as far as I see the Senate going. They don't want to make it appear as if the candidate was chosen by politicians rather than the voters, so I think they will be very hesitant to get involved in this.

[JDPriestly]

9. I agree. They will not select the candidate. They may, however,

judge the election. The Constitution gives them that right without conditions. Therefore a court should under the Constitution recuse itself and allow the Senate to decide -- the procedures for counting the votes.

[merwin]

8. A judge can overrule the senate if it's deemed unconstitutional.

Separation of powers and all.

[Judi Lynn]

4. Thanks for the update. It's good to hope a Democrat might take Wellstone's chair. n/t

[Mnemosyne]

5. So Rove ordered, "Let in be done in some small 'dinkytown',

where no one will notice or suspect." :rofl:

Thank the heavens for those that diligently watch. :grouphug:

[myrna minx]

6. "Dinkytown" is a neighborhood area in Minneapolis that is encompasses the U of M.

It's a very progressive area.

[Mnemosyne]

14. Hi Myrna! I realize it's a suburb, just made a very bad 'pun'.

:blush:

[Peacetrain]

7. Dinky town on one side of the U of M, Stadium Village on the other

You can almost take it to the bank, these were Franken votes. Is Vescios still in Dinkytown? (Any twin citians passing through?)

[eyepaddle]

10. It's been a little while since I passed through Dinkytown, but I'll keep

my eyes open for Vescio's. :hi:

[Peacetrain]

12. Thanks!!... Vescios is a place my hubby and I used to go all the time

back in the day. Valli Pizza next door(which I know has been gone for years) was where we went on our first date. But Vescios kept hanging in there. Live in Iowa now, so if Vesicos is still up and running, time for a road trip!:hi:

[Hassin Bin Sober]

11. There is no guessing about it. The missing ballots broke for Franken by 46 votes.

Since they were already counted, they know EXACTLY how many votes each candidate received.

[Peacetrain]

13. Excellent!!