(Coleman) Recount Lawyers Say (MN) Supreme Court Will Decide Case

[sabra]

Source: ABC 6 NEWS

(ABC 6 NEWS) -- Even after adding hundreds more votes to both Democrat Al Franken and Republican Norm Coleman's tallies this week, their lawyers say it doesn't matter because the case will more likely be decided by the Minnesota Supreme Court.

A three judge panel opened and counted 351 rejected absentee ballots.

Franken picked up another 198 votes. Coleman added only 111 more, with Franken now leading by 313 votes.

Coleman's legal team says as many as 4,800 additional ballots should be counted.

Read more: http://kaaltv.com/article/stories/S870922.shtml?cat=10217

[bluestateguy]

1. These people need to know about this case

http://www.facesoflawsuitabuse.org/

[onehandle]

2. "The loser of the recount will likely appeal the decision"

This will go to SCOTUS. Coleman told Ed Schultz this on Monday in NYC.

[Mudoria]

3. Coleman has the right to what he's done so far in a closely contested vote

but if the Minnesota SC turns down his appeal he should recognize the end of the line. At some point you have to admit you lost and get on with it.

[damntexdem]

8. Whatever the Coleman gang, er camp, does, if they lose with the MN SC, ...

does that not mean that the MN Guv and Sec of State are required to certify Franken the winner?

[Mister Ed]

20. I believe so.

I think MN law requires the Governor and Secretary of State to certify the winner when all state court cases have been settled. It'll be interesting to see if Governor Pawlenty can find any wiggle room on that. He's been making noises lately like he's going to withhold certification.

However, the Senate is free, under the U.S. Constitution, to seat Franken any time they care to - with or without the certification. A recent MN Supreme Court ruling reiterated that fact.

[jberryhill]

21. ...which is an odd bit of buck-passing, IMHO

Senators are chosen by the states. Regardless of its makeup, I would expect the Senate to say, "Um, no MN, once you decide who is to be your senator, then send him or her to DC."

The Senate shouldn't be in the business of deciding who won a state election, even if the state wants it to.

[Hawkeye-X]

4. I hope the MN Supreme Court reject the whines of Mr. Coleman

quickly and the USSC refuses to take in the case. Let's see whose juridiscition MN falls under... uh oh.. Scalito.

Well, let's hope it ends quickly.

Hawkeye-X

[liberal N proud]

5. What is the makeup of the court?

Anybody know?

[ForPeace]

6. They are pretty much the same people who've been doing the counting

so they probably won't change the outcome.

[No Elephants]

14. Seven Justices. Page picked the 3 judge panel that has been acting so far. Wiki used

to have more info, but the article on the Minnesota Supreme Court has been edited within the last three weeks. Can't imagine why. {sarcasm]. I guess you can click on the name of each of the seven Justices and go from there. But, this is going to end in the SCOTUS (which may rule that the U.S. Senate decides the case). That is what the Constitution seems to say.

[anokaflash]

17. Leaning Left

The Two Republican Appointed judges that were part of the recount process have recused themselves if it is appealed to the MNSC, so that skews the court to the Left.

http://minnesotaindependent.com/31513/justices-magnuson-and-anderson-will-not-hear-senate-contest-appeal

""The absence of Magnuson and Anderson from any appeal deliberations is potentially another blow to Norm Coleman’s (already slim) prospects at prevailing in the state courts. Both justices were appointed by Republican governors.""

MN Statute states a certificate can not be issued until all proceedings are exhausted. but there is confusion whether that means all STATE proceeding or every last potential appeal. It is widely believe, however, that the MN Court will order a certificate issued

==
209.12 CONGRESSIONAL OFFICE.

When a contest relates to the office of senator or a member of the house of representatives of the United States, the only question to be decided by the court is which party to the contest received the highest number of votes legally cast at the election and is therefore entitled to receive the certificate of election. The judge trying the proceedings shall make findings of fact and conclusions of law upon that question. Evidence on any other points specified in the notice of contest, including but not limited to the question of the right of any person to nomination or office on the ground of deliberate, serious, and material violation of the provisions of the Minnesota Election Law, must be taken and preserved by the judge trying the contest, or by some person appointed by the judge for that purpose; but the judge shall make no findings or conclusion on those points.

After the time for appeal has expired, or in case of an appeal, after the final judicial determination of the contest, upon application of either party to the contest, the court administrator of the district court shall promptly certify and forward the files and records of the proceedings, with all the evidence taken, to the presiding officer of the Senate or the House of Representatives of the United States. The court administrator shall endorse on the transmittal envelope or container the name of the case and the name of the party in whose behalf the proceedings were held, and shall sign the endorsement.
==


Flash
http://centrisity.com

[damntexdem]

7. Does this mean that they will not appeal to the SCOTUS?

If not, then they're just flapping their lips to create a breeze.

[pattmarty]

9. Maybe he'll be seated in time to start running for 2014.

:sarcasm:

[indimuse]

10. Coleman is a ...

Cockroach! Some call an exterminator already! ughh..

[swilton]

12. Yes someone please call Tom Delay!

[indimuse]

15. lol..

He's in a*hot-tub* somewhere...I think! (another cockroach!):)

[progressoid]

11. Douchebag. eom.

[truthisfreedom]

13. MN will have their 2nd Senator seated soon.

And it will be AL FRANKEN.

[GinaMaria]

19. I hope so

for fuck's sake, let's get on with this. What sore losers, Coleman and all his backers. It's time to move on.

[sinkingfeeling]

16. Didn't Coleman's lawyers agree to the panel's number of absentee ballots to be counted early on?

[Mz Pip]

18. Only if it gave him

a win.

Coleman wants this engineered to insure his victory. He might as well be saying, "Just count the votes that are for me."

I am being sarcastic but Coleman keeps rearranging the chairs on the Titanic. It's not going to help.

[peacetalksforall]

22. I hope it's soon - then we will probably be seeing a new lobbying firm in DC - Coleman-DeLay.

[LynnTheDem]

23. "their lawyers say it doesn't matter". Hear that, AMERICAN VOTERS?

The republicans say YOUR VOTE "DOESN'T MATTER".

[LiberalFighter]

24. Who appointed the 3 judge panel?

Saw the answer to my question above. Supreme Court Judge Alan Page, former Minnesota Viking football player.

[LiberalFighter]

25. News media are so sloppy when reporting.

They don't bother asking critical questions. Such as why those 4,800 ballots were rejected.

[LiberalFighter]

26. Where is the famous election law expert James Bopp Jr?

Why isn't he representing Coleman? I guess he only takes cases he knows he can win and pad his win-loss ratio. Probably the same reason he quit representing Matt Kelty in Fort Wayne during the city election for mayor.