Court Ruling Is Inconsistent With Minnesota Tradition And Disenfranchises Thousands


Does the law allow not counting one vote when others just like it were counted by other counties and cities? Should a person’s vote count depending solely on where he or she lives? Should a contest court disallow votes based on counting rules it adopts but which no Minnesota county or city used on Election Day? Is it right to disallow a vote because the Minnesota Secretary of State’s database wasn’t up-to-date about whether the absentee voter or their witness were really registered?

Is Minnesota a state that seeks to disenfranchise voters, or to count all the legal votes?

That’s why yesterday’s three-judge contest court ruling is so wrong, and why we will appeal.

Their decision is a jarring contrast to the Minnesota tradition of counting all the votes. Its stern reading of state law disenfranchises thousands of voters by breaking starkly from the counties’ Election Day standard of allowing as many votes as possible (even if the counties used differing standards to get there).

Evidence at the seven-week trial showed that despite counting ballots on Election Night and again in the month-long recount, thousands of Minnesotans still have ballots that remain wrongly rejected and unopened. We asked for 4,800 ballots to be counted (later reduced to 1,358 by restrictive rulings from the three judges). Even Al Franken recognized the election’s flaws by the end of the trial and asked that 450 still uncounted ballots be opened.

Sadly, the three judges yesterday took the path of disenfranchisement at the expense of thousands of Minnesotans who have yet to have their ballots counted fairly and equally. These voters – who could be a friend, a neighbor or service member – have not had their votes counted, although ones marked just like them have been counted elsewhere in the state. Norm Coleman’s campaign is prepared to do everything in its power to protect their rights and to be sure the same standards are used to judge all of Minnesota’s ballots.

These voters remain disenfranchised because the Court changed the rules of the game on Friday, February 13th – long after the Election Day votes had been counted. Two and a half weeks into the trial and again yesterday, the court announced it would apply a “strict compliance” standard to judging the 11,000 unopened absentee ballots. That stands in contrast to the evidence at trial which showed that on Election Day, Minnesota’s counties and cities permitted ballots that “substantially complied” with the state’s laws to be counted. Altering the Election Day standard meant that thousands of ballots that would have been allowed on Election Day in most counties are now disallowed by the contest court.

The court’s order also creates three major problems of such significance that they undermine the confidence Minnesotans can ever have in knowing who received the most legally cast ballots in this election.

First, the evidence at trial showed that different counties used different standards to count ballots. While some jurisdictions, for example, checked on whether witnesses were registered or signatures matched, most did not. By not reconciling the different standards used by the counties and cities for allowing ballots, the court has created a constitutional equal protection violation — identical ballots have been treated differently depending solely on where the person lived and what standard that jurisdiction used.

Next, by defining in its Order which types of ballots are “illegal” under Minnesota law, but by not applying these rules to ballots already counted on Election Day and in the statewide recount, the court has ensured that ballots it has said are “illegal” under Minnesota law are included in the final count. The number of these counted – but illegal – ballots is far greater than the current difference between Al Franken and Senator Coleman, which should be of great concern to everyone.

And finally, the court has chosen to ignore the problems with the Secretary of State’s Statewide Voter Registration System. It was not until the end of the trial that officials admitted the database was still not complete (meaning valid ballots could have been denied simply because the voter or witness was not yet correctly marked as “registered” in the system) and that each county inputted its own data without any quality control from the Secretary of State, meaning that inconsistencies and inaccuracies do exist in the system.

The pattern of decisions made by this court has inevitably led to a weakening in the ability of Minnesotans to have confidence in knowing a credible outcome of this election contest. The path to a quick seating of Minnesota’s missing Senator would have been for the court to count all the votes, thereby eliminating the constitutional infirmities caused by the contrived line-drawing to disenfranchise voters.

But by continuing the disenfranchisement of thousands of Minnesotans whose ballots have been wrongly rejected while their fellow citizens’ identical ballots have been counted, the process will be prolonged.

Unfortunately, the court’s decision means that more time will be needed to get this election and recount completed in a fashion that instills confidence that every legal vote has been counted and all voters treated equally.

Category: , , ,

RSS feed | Trackback URI

8 Comments Leave a comment

Keep Up The Fight

Swamp_Yankee Wednesday, April 1st at 9:20AM EDT (link)

Never Surrender. This Senate seat is of vital importance to the Democratic process and the future of our Republic.

Not Reps reputation to fight relentlessly

Common_Cents Wednesday, April 1st at 11:13AM EDT (link)

Reps have a lot to learn from Dems about fighting politically until the end. We cave in way too much of the time. Coleman will give up when more reports of public opinion get thrown at him by the MSM saying “everyone wants to move on”.

“Never interrupt your enemy when he’s making a mistake.” Napoleon - Well, unless he is ruining your country! Common Cents

A cult of personality arises when a country’s leader uses mass media to create a heroic public image, often through unquestioning flattery and praise.[1] Cults of personality are often found in dictatorships.

 
 

Could not the "equal protection" clause

johnt Wednesday, April 1st at 9:58AM EDT (link)

be used to rectify this problem ? This sounds something similar to Florida 2000.
If Franken is greased up and squeezes into the Senate, debased as that institution is already, we will have taken another step towards complete trivialization and self mockery of what was once upon a time a viable and honorable republic.

“a man’s admiration for absolute government is proportinate to the contempt he feels for those around him”. Tocqueville

 

Incompetence

Yil Wednesday, April 1st at 10:35AM EDT (link)

You pose a variety of questions in your first paragraph and the short answer is yes, voters are treated differently all the time. For instance, if you move around a lot the odds of your current info not matching your voter registration are pretty high and you will be forced to cast a provisional ballot often through no fault of your own. Once that happens your vote will be scrutinized to a level others aren’t and thus treated differently. Remember Joe the Plumber? I seem to remember that they spelled his name wrong in the voter database so he should have been forced to cast a provisional on election day. Heck, I’m not sure if the vote would actually count at all if that happened. How do address that problem? Either the law is absolute and everything must match exactly, or it’s flexible and intent matters and people shouldn’t be punished for errors they themselves may not have made. I’m in favor of the latter since it makes sense, but now you are treating voters differently based upon local decisions. I say local because I’m pretty sure he was allowed to cast a regular vote in the primary at least and thus is exhibit A in how not all votes/voters are treated equally.

From examples such as that I conclude that the standard you appear to be looking for is unobtainable. I daresay any statewide election would fail to meet it. During the recount a number of decisions were made and agreed to be the Coleman team. In fact it was Coleman himself who was essentially against count-ever-vote when he repeatedly refused to have any of the improperly rejected absentee ballots counted at all until mandated to do so by the court. Once behind he changed his tune about what should be counted and has been changing his mind any time he thinks it could help him. The incompetence of Coleman’s recount team cannot be understated.

I would also point out that problems with the voter registration system were addressable during the recount for absentee and/or provisional ballots by finding them and bringing them before the court. In fact I thought that was part of the reason for taking the state to court in the first place. The fact that Coleman’s team managed to fail so often to present evidence that all 4 requirements for a vote to count for so many ballots is either incompetence on their part or problems with the ballot itself. In fact they went so far as to present evidence that explicitly contradicted those requirements and begged the court to count them anyway. What kind of legal argument is that? Either way the unanimous court decisions would seem to indicate that it’s pretty black and white about what was presented to the judges to rule on.

You didn’t mention it explicitly but the 133 missing ballot issue gets brought up all the time by Coleman. How exactly is NOT counting 133 voters who were clearly present on election day based upon the sign in sheets trying to count every vote? Consistency again… Give Franken credit. He really did say keep counting every legal vote and never wavered even after he was ahead.

I’m guessing this thing gets wrapped up next week as there is an insanely low chance that Coleman could win 85% or whatever of the new votes to be counted.

One chance in a Billion maybe

naraht Thursday, April 2nd at 11:05AM EDT (link)

With only about 400 votes to be counted, he needs to make up a 225 vote deficit, so he needs to win by about 320-80. While some of those ballots are from Coleman leaning areas of the state, some of the 400 have already said in court they voted for Franken. And even once they are opened, they could be votes for the third party candidate or even the Lizard People, neither of which helps Coleman.

 
 

Will Coleman

Rapunzel46 Wednesday, April 1st at 5:38PM EDT (link)

take this to SCOTUS or will this in essense stop his candidacy?

Three possible steps.

naraht Thursday, April 2nd at 10:52AM EDT (link)

What the ECC has provided is a set of rules for counting some specific still sealed ballots. Firstly, they can still change their rules and even accept some of Coleman’s arguments before the count is done. After the count of those remaining ballots, the ECC will declare a winner.

Either Coleman (or theoretically Franken if result of adding in those votes is a Coleman victory) can appeal to the Supreme Court of Minnesota. Should the SCoM overturn it, then the ECC (or theoretically an ECC composed of different people) has to look at things again and my guess is that no one gets seated until July.

If the SCoM agrees with the ECC, they can legally order Gov Pawlenty (R) to sign the document that agrees that the person determined by the ECC was elected Senator. If Pawlenty refuses, he can be Jailed until he does so, I believe.

Once he gets that document, the Democrats will present him as the new Senator from Minnesota and I believe that the only way that the Republicans could stop it is to fillibuster the attempt to seat him. I *really* doubt that the Republicans can keep all 41 members in a fillibuster. While someone like Graham or DeMint might be willilng to go all the way, I doubt someone like Lugar or the Maine sisters would back it.

Once he gets seated, I *seriously* doubt that any federal court would remove him, even the US Supreme court has said the Senate has control over its membership.

 
 

Is there any state that does this right?

naraht Thursday, April 2nd at 11:38AM EDT (link)

It seems to me that the total consistency that is being looked for isn’t going to be true in most places. Are either Utah or Maryland significantly better than Minnesota in this regard? It seems like the main reason that we didn’t have it in either of those two states is that the statewide votes are less likely to come down to the absentee ballots…

 

Leave a Comment

 

Be respectful, or be banned. No Profanity.