Election Theft in Minnesota?


The Wall Street Journal in an Op Ed published on Monday, Funny Business in Minnesota, made the case that funnyman Al Franken is stealing the disputed U.S. Senate election from Senator Norm Coleman in Minnesota.  After the first count of ballots, Senator Norm Coleman retained a 215 vote lead, but the margin of victory triggered a mandatory recount of the election.  After a recount, Franken emerged with a 225 vote lead.  This controversy will be resolved by the Minnesota courts, yet Senate Majority Leader Harry Reid has already decreed, “Norm Coleman will never ever serve [again] in the Senate.”

The WSJ points to the following examples of how Democratic Secretary of State Mark Ritchie and his four fellow Canvassing Board members have delivered inconsistent rulings and are ignoring glaring problems with the tallies leaving the certified result in doubt:

  1. Franken picked up between “80 to 100 votes,” because duplicate ballots may have been double counted.  There is evidence that “25 precincts now have more ballots than voters who signed in to vote.”
  2. Franken gained 46 votes when the Canvassing Board decided to jettison the recount results from Hennepin County and substituted the election night results. 
  3. Franken gained 37 votes in Ramsey County where 177 more ballots were counted in the recount than were recorded on election night. 
  4. Franken gained 176 votes because of inconsistent consideration of contested absentee ballots.

Minnesota law does not allow a certification of the result until the court cases are resolved and the Senate should let this process work out in the Minnesota Courts.  A vote of the United States Senate to seat Franken without a certificate of election would prejudice any change Coleman has to win this case on appeal in Minnesota.  Of course, Senate Majority Leader Harry Reid has already decided the case and declared that “Norm Coleman will never ever serve [again] in the Senate,” Reid told Politico’s Manu Raju. “He lost the election. He can stall things, but he’ll never serve in the Senate.”

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Reid has then caused a Coleman resurgence

E Pluribus Unum Wednesday, January 7th at 12:42PM EST (link)

Anytime Harry Reid declares something in so definite terms, the opposite will happen.

Remember this one? ” The war is lost.” Or “Burris will not be seated”.

Carthago delenda est
Do your conservative t-shirt Christmas shopping at EPU Gear. Save the conservative muse, save the world.

5

Dan McLaughlin Wednesday, January 7th at 8:39PM EST (link)

nt

“No compromise with the main purpose, no peace till victory, no pact with unrepentant wrong.” - Winston Churchill

 
 

Is This Over?

DavidSage Wednesday, January 7th at 12:44PM EST (link)

Usually with elections, once the votes are counted in the mix, it’s very hard to then take them back out.

Are there any legal experts out there that think this has a good chance of being reversed, or is it a complete long shot?

Very unlikely anything will happen

zuiko Wednesday, January 7th at 3:19PM EST (link)

Given what the Minnesota Supreme Court looks like and the fact that 2 of the 5 people on the canvassing board who were trying to hand the election to Franken are on the Minnesota Supreme Court.

Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

What does it look like?

lapert Wednesday, January 7th at 6:43PM EST (link)

Really, on what grounds do you bash the court? A majority was appointed by a Republican governor and I have nothing from them in this process or in previous rulings to suggest they are corrupt of particualrly inept.

This reflexive bashing of judges is not a healthy reaction - and sounds way too much like Democrats who didn’t get their way.

Souter and Stevens were appointed by Republicans too. They got seduced over pretty quickly.

Martin Knight Wednesday, January 7th at 6:55PM EST (link)

That sort of reasoning doesn’t fly anymore. Have you been paying attention at all?

If these judges are moderate Republicans, they’re likely to be typical of the breed - spineless, principle-free and eager to please the people they consider their betters (Democrats) just to get invited to another cocktail party.

PS: Just looking at their rulings for Franken (read this or see below) is enough grounds for any reasonable person to doubt the integrity of everyone on that so-called “Bipartisan” canvassing board, Republican appointed or not.

… It is very difficult to determine how a voter meant to vote simply by looking at what might be stray marks on the ballot. And whatever rules are adopted must be consistently used in evaluating all ballots.

What to do when voters change their minds at the last moment or accidentally fill in the wrong oval? In such a case, the voters are supposed to ask for a new clean ballot. But the board presumes that some voters who change their minds simply put an “X” through the blacked-out oval. Even if the voter doesn’t blacken an oval for another candidate, an “X” through an oval is interpreted as the voter changing his mind. There is a claimed exception to this rule: if all the votes for each candidate that a voter supports are simultaneously marked by both filling in the oval and an “X,” voters are assumed to support those candidates.

The primary problem isn’t the rules. The real problem is the lack of consistency. Take some of the ballots that only marked the oval for Coleman, but where the oval is also marked through with an “X.” The Canvassing Board determined that those marks meant those voters intended to support “other/no one.” Here are a couple of examples, with more here.

Yet, there are a number of cases where the exact same markings for Franken were decided by the Canvassing Board to result in votes for Franken. More can be found here.

But to make the case even more strange, given this rule, what should the board decide when the oval is filled in for Coleman, but the Franken space is marked with an “X”? The board ruled that the vote is for Franken.

Nor can Coleman even win when there is an oval filled in for Coleman and the Constitution Party candidate receives an “X.” In that case, the board determined the support went to “other/no one.”

But if you have an oval filled in for Franken and the Independence Party candidate receives an oval with an “X,” the vote is given to Franken.

There are other cases where the ballots are clearly marked for Coleman, though the marks were relatively small, and the board awarded the votes to no one.

There are still other cases where it is hard to see how the board could legitimately declare certain votes for Franken. For example, a voter filled out neither the oval for Coleman nor for Franken, but colored in the area in between the two candidates. Part of the blob touches the edge of Coleman’s oval and one thin line goes slightly into Franken’s oval, and for 28 other races on the ballot the voter seems to have been able to fill out the required ovals – there is only one other case where he missed. Perhaps the board saw that the voter was voting for other Democrats and used that to help influence its decision, but there were a number of Democrats who voted for Obama and other Democrats, but not Franken.

Still the most obvious classification would have been not for Franken, but for “no one,” what most readers of the Minneapolis Star Tribune thought was the right answer.

Mistakes were also made against Franken, but they were much less common.

I watched it

lapert Wednesday, January 7th at 7:04PM EST (link)

I watched the canvassing board, some of it live, and there was just no obvious partisan conspriacy going on. Powerline has a blog on it today that captures it well: http://www.powerlineblog.com/archives/2009/01/022489.php (don’t know how to do hyperlinks).

Even in the SC decisions, Franken didn’t win them all - and the most notable iwn by Coleman was also the weakest of the reasonings (though it did have precedence, just bad precedence).

I think people are too quick to emotionally attach to fraud here that it might cause them to lose sight of the real events - this is nothing like Washington in 2004.

There are some really lousy decisions on record

zuiko Wednesday, January 7th at 7:35PM EST (link)

Like accepting the machine count when it was better for Franken. Or ignoring the fact that 25 precincts ended up counting more votes than voters who actually voted.

Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

 

Sorry. No dice.

Martin Knight Wednesday, January 7th at 7:52PM EST (link)

That said, the guys at Powerline were right - despite his past life as a Democrat, Coleman acted like a true Republican since Election Day; passive, trusting, playing at being above the fray when he was meant to get his hands dirty … and he basically got outhustled and outsmarted by the more aggressive opponent.

Because he chose not to fight when he had the advantage, he’s now in a position where he now has to fight with Franken having the upper hand. Typical Republican stupidity.

I’m so mad I can strangle someone.

 
 
 

Republican justices... what a joke

zuiko Wednesday, January 7th at 7:32PM EST (link)

The justices are non-partisan. They have no party affiliation and do not accept endorsements from parties. Yea, maybe some of them were appointed by a “Republican” like Arnie Carlson (who freaking endorsed Obama… but I guess that makes Obama a Republican too) doesn’t mean they are Republicans.

Just looking at their track record on all cases over a period of years, you can tell just how conservative they are. Heck, just look at the idiotic judgement they gave in the absentee ballot case. That tells you what you need to know. Heck, look at the actions of the canvassing board, which was 2/5th composed of members of the Supreme Court.

Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

 
 
 
 

Not that big a loss; democrat lite vs real democrat

Next93 Wednesday, January 7th at 1:29PM EST (link)

Norm’s basically a pro-life democrat. The odds of him standing tough on a cloture vote are basically nill. That’s why he wasn’t able to get a statictically significant majority; a lot more people were voting against Franken than were voting for Norm. Keep in mind, Norm was one of the two guys who lost an election to Jessie “The Governor” Ventura.

Look at the bright side; Franken’s almost guaranteed to be funnier on the floor of the senate than he ever was on SNL.

Constitutional limits on the powers of the federal government:
It’s not just the law, it’s a good idea!

There were a lot of people who worked on keeping this seat, Next93.

Moe Lane Wednesday, January 7th at 1:44PM EST (link)

Don’t mock their pain again.

Moe

PS: That wasn’t a suggestion, and I don’t care what your excuse is.

 

This kind of talk

zuiko Wednesday, January 7th at 3:17PM EST (link)

Is guaranteed to keep us in the minority forever. Coleman wasn’t a bad guy. He was wrong on some stuff, but with us easily 70% of the time. Replaced with a guy who will be wrong on everything and with us 0% of the time. That is a big loss.

Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

Coleman wasn't perfect.

noufa Wednesday, January 7th at 6:27PM EST (link)

But politics is the art of compromise. And Franken really is an embarrassment. I don’t say this about all Democrats, BTW. Our other Senator Amy Klobuchar is a dull, vanilla Democrat. I voted for & would have preferred Republican Mark Kennedy. But she’s not an inexperienced, pitiful, carpetbagger. And at least Klobuchar was an upgrade over Mark Dayton, who was tagged Time Magazine’s worst US Senator.

Franken’s as every bit as bad as Dayton. The man has absolutely no qualifications to be elected to the Senate. I know that Reagan was just a B-list celeb, too. Thing is, Reagan was able to articulate a coherent vision of how he wanted to govern.

You’d think his time on Air America & with SNL would make Franken an effective communicator. Wrong. He’s a Terrible public speaker. And his only message was “Coleman’s a rubber stamp for Bush”. Not true, BTW. Which is why all of the major MN newspapers endorsed Coleman, even while they trashed Bush.

And unlike Dayton, Franken doesn’t even have roots in MN. Call Franken the Senator from DailyKos, because that’s his base of financial support. MN has some blue-staters. However, many are just cultural Democrats & are in for a rude awakening when they see what a terrible Senator Franken becomes. KosKids won’t care so long as he’s a reliable D vote.

Silver lining of a Franken win is that it’s now official: the Democrats are over-reaching. It was easy to convince the squishy moderates that Democrats were mainstream when the rising stars in the party were Senators Casey & Webb. But Franken is the left-wing ideological equivalent of Sean Hannity.

Even if Coleman miraculously pulls it out, it’s a shame that it was even this close.

“Obama is not a centrist. He was never centrist. He is a uniter. He does reach across the aisle. But he always do so in pursuit of progressive ends.”

-Jonathan Stein of Mother Jones 1/31/08

Agreed

JDidSaint Thursday, January 8th at 2:38PM EST (link)

I was very happy when the GOP started cleaning house and refusing to claim RINOs, but this one hurts. I made a pledge before the election this year that I would no longer vote for the, “lesser of two evils.” But against Franken I would have voted for Jesse Ventura, and that’s saying a lot.

I hope Franken is everything in the senate that he’s up until now shown himself to be. Loud mouthed, misogynistic, eager to cheat, manipulative, disloyal, etc. Should be an extremely easy target next election, (if Reid doesn’t find some way to boot him before then.)

Also, please stop saying that after the initial count, Coleman was ahead by 215. After the initial count, Coleman was ahead by 715. Then, after the DFL realized where they were, 500 votes magically appeared from trunks of cars, miss-reported votes, lock boxes under voting machines, etc. It’s clear that it’s over now, (ask Washington state,) but Coleman should have been crying, “foul!” more loudly then if he actually wanted to win this election. Once Mark Richie knew what had to be done, Coleman was done.

“I’d rather go through the pain of the re-emergence of free markets than endure the long suffering of a socialist state. One is natural and comes from that spark of human desire; the other is imposed and smothers the flame of ingenuity.”-Crowe (from RedState!)

 
 
 
 

Coleman/Franken legal challenges remains hot topic elsewhere....

JLenardDetroit Wednesday, January 7th at 7:29PM EST (link)

I’ve cross-promoted this Diary as well as others at Sub-Chat a “First in Thread” link will let you jump up to top of discussion if you care to check it out… trying to promote RS there that I came across while pulling in info from a google search on this topic….. Contained in that Post is a LINK to a great MinnPost article though Opinion laden (Libs can’t restrict opinion to Editorial pages)…..

………. cross-posted from Sub-Chat……

Re: Court ruled based on “Standing”…. Official Contest is written within the MN Law….
Posted by JLenard on Wed Jan 7 19:18:35 2009, in response to Re: State Supreme Court rules against Coleman Re: Minnesota, posted by AMoreira81 on Wed Jan 7 17:27:43 2009.

I believe you and I have a fundamental difference of opinion on how/why the decision was made…. It was a question of appropriate STANDING as I put forth and backed up by this quote ” the double-counting argument and the reconsideration of rejected absentee ballots — Coleman’s lawyers were told by the Canvassing Board or the Supremes that the appropriate place to have those issues considered was an election contest.” (from this MinnPost story: Senate recount: It’s unlikely Coleman will win in court). Despite the Headline interjecting the Papers Editors preconceived conclusion (their opinion, as we have and make our arguments) the stories early comment of “… in officially announcing that he would contest the election result, struck the right tone. Having a small mob of supporters cheering and chanting ….” (MOB? Mob implies a negative connotation and implication toward the Coleman campaign in this instance) makes me wonder how much of the Story is “reporting” and how much is the usual MSM attempting to INFLUENCE (Libs don’t confine Opinion to the Editorial pages) the story/outcomes (as put forth: here: RS: MSM Election Spin/Narrative, to influence Votes rather than just report on election and
here: RS: Vote Psychology (Bandwagon, Bradley, etc) effect) providing cover and setting up the reasons why MN Courts (depending on the specific jurisdiction, doesn’t mean a “Republican” staffed Judges court) could dismiss before holding actual Evidence hearing/presentation….

But AGAIN…. The suits were dismissed based on STANDING and procedure…. Now is AN OFFICIAL ELECTION CONTEST and the appropriate STANDING…. IMO, it will be suspect if it is all dismissed “out-of-hand” without arguments heard and an actual ruling being made - additional appeals will be a certainty!

If you have support for your arguments I’d appreciate the opportunity to review it. I do know, however, it is hard to find “TV reports” that have been made…. This MinnPost story was the absolute BEST full reporting of all the issues I’ve come across yet and it just came out Today!! It is tough, sometimes, to find the information we’ve based our opinions/arguments on - I know I don’t always have the info handy and/or links lying around.

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