Comments on: MN-SEN: The merits of the Coleman appeal http://www.redstate.com/soren_dayton/2009/05/10/mn-sen-the-merits-of-the-coleman-appeal/ Sat, 28 Nov 2009 01:48:06 +0000 http://wordpress.org/?v=2.6.1 By: rcov092 http://www.redstate.com/soren_dayton/2009/05/10/mn-sen-the-merits-of-the-coleman-appeal/#comment-1051 rcov092 Thu, 14 May 2009 22:26:57 +0000 http://www.redstate.com/soren_dayton/?p=143#comment-1051 He is looking for theses wardrobe essentials in pinstripe gray. http://www.twitpic.com/4keah/full He is looking for theses wardrobe essentials in pinstripe gray.

http://www.twitpic.com/4keah/full

]]> By: Common_Cents http://www.redstate.com/soren_dayton/2009/05/10/mn-sen-the-merits-of-the-coleman-appeal/#comment-1050 Common_Cents Thu, 14 May 2009 20:45:46 +0000 http://www.redstate.com/soren_dayton/?p=143#comment-1050 ]]> By: Neil Stevens http://www.redstate.com/soren_dayton/2009/05/10/mn-sen-the-merits-of-the-coleman-appeal/#comment-1049 Neil Stevens Tue, 12 May 2009 00:15:19 +0000 http://www.redstate.com/soren_dayton/?p=143#comment-1049 Go back to your frantic self-pleasure over Ken Calvert or something. Go back to your frantic self-pleasure over Ken Calvert or something.

]]> By: daman09 http://www.redstate.com/soren_dayton/2009/05/10/mn-sen-the-merits-of-the-coleman-appeal/#comment-1048 daman09 Mon, 11 May 2009 23:25:52 +0000 http://www.redstate.com/soren_dayton/?p=143#comment-1048 nt nt

]]> By: Common_Cents http://www.redstate.com/soren_dayton/2009/05/10/mn-sen-the-merits-of-the-coleman-appeal/#comment-1047 Common_Cents Mon, 11 May 2009 21:07:19 +0000 http://www.redstate.com/soren_dayton/?p=143#comment-1047 ]]> By: daman09 http://www.redstate.com/soren_dayton/2009/05/10/mn-sen-the-merits-of-the-coleman-appeal/#comment-1046 daman09 Mon, 11 May 2009 18:15:05 +0000 http://www.redstate.com/soren_dayton/?p=143#comment-1046 This is pretty pathetic. I have heard people say this might takes years. When Coleman/Franken is seated as senator of MN, they are supposed to serve a term of 6 years. Now this has been going on five months after senators from the 2008 election have been seated. I wanna know if this senator is going to get a 6 year term or a 5.5 year term. This whole thing is a mess, and Coleman should just concede. Some of you may not like it, but seriously, if Bush v. Gore could be handled in 1 month, there is no reason this should take almost half a year to resolve. This is pretty pathetic. I have heard people say this might takes years. When Coleman/Franken is seated as senator of MN, they are supposed to serve a term of 6 years. Now this has been going on five months after senators from the 2008 election have been seated. I wanna know if this senator is going to get a 6 year term or a 5.5 year term.

This whole thing is a mess, and Coleman should just concede. Some of you may not like it, but seriously, if Bush v. Gore could be handled in 1 month, there is no reason this should take almost half a year to resolve.

]]> By: bk http://www.redstate.com/soren_dayton/2009/05/10/mn-sen-the-merits-of-the-coleman-appeal/#comment-1045 bk Mon, 11 May 2009 12:49:31 +0000 http://www.redstate.com/soren_dayton/?p=143#comment-1045 those justices have guaranteed they'll never end up on any federal bench under Obama, since he's made it clear that it's the outcome that matters. those justices have guaranteed they’ll never end up on any federal bench under Obama, since he’s made it clear that it’s the outcome that matters.

]]> By: ggross56 http://www.redstate.com/soren_dayton/2009/05/10/mn-sen-the-merits-of-the-coleman-appeal/#comment-1044 ggross56 Mon, 11 May 2009 07:15:23 +0000 http://www.redstate.com/soren_dayton/?p=143#comment-1044 Follow <a href="http://www.letfreedomringblog.com/?p=3512">this link</a> to read Minnesota's election laws on determining which absentee ballots should be counted & which should be rejected. I was immersed in this stuff in December & January. Follow this link to read Minnesota’s election laws on determining which absentee ballots should be counted & which should be rejected.

I was immersed in this stuff in December & January.

]]> By: BlueLandRed http://www.redstate.com/soren_dayton/2009/05/10/mn-sen-the-merits-of-the-coleman-appeal/#comment-1043 BlueLandRed Mon, 11 May 2009 05:20:27 +0000 http://www.redstate.com/soren_dayton/?p=143#comment-1043 closer then most, but I'm certainly not an election law expert... especially a Minnesota election law expert. That said, as far as I understand it, there is no legal way for a MN state court order a new vote. In case of tie, they flip a coin, or something. Doing so would require a very "activist" judge because they would have to just make up law on the fly. Certainly, the US Senate could insist on a revote, but that's not going to happen. I suppose a federal court could as well, but I really think they'd also avoid being that "activist" and would instead defer to the Senate. I guess it would also be possible for the Minnesota House and Senate to write some new election law requiring a revote... but given the make up of both houses, that's also not going to happen. closer then most, but I’m certainly not an election law expert… especially a Minnesota election law expert.

That said, as far as I understand it, there is no legal way for a MN state court order a new vote. In case of tie, they flip a coin, or something. Doing so would require a very “activist” judge because they would have to just make up law on the fly.

Certainly, the US Senate could insist on a revote, but that’s not going to happen. I suppose a federal court could as well, but I really think they’d also avoid being that “activist” and would instead defer to the Senate.

I guess it would also be possible for the Minnesota House and Senate to write some new election law requiring a revote… but given the make up of both houses, that’s also not going to happen.

]]> By: ConservativeLawStudent http://www.redstate.com/soren_dayton/2009/05/10/mn-sen-the-merits-of-the-coleman-appeal/#comment-1042 ConservativeLawStudent Mon, 11 May 2009 04:57:51 +0000 http://www.redstate.com/soren_dayton/?p=143#comment-1042 seems to be one of the things that is just stepped over from this election. Some how over 100 ballots were found in the trunk of a polling judges car and a judge allowed them to be counted. i think there is enough evidence to look into it but our wonderful Sec of State was elected with the help of acorn so you know where he stands on that issue. It is hard to get to the bottom of issue like that when the Sec of State just really doesnt want to. seems to be one of the things that is just stepped over from this election. Some how over 100 ballots were found in the trunk of a polling judges car and a judge allowed them to be counted. i think there is enough evidence to look into it but our wonderful Sec of State was elected with the help of acorn so you know where he stands on that issue. It is hard to get to the bottom of issue like that when the Sec of State just really doesnt want to.

]]> By: civil_truth http://www.redstate.com/soren_dayton/2009/05/10/mn-sen-the-merits-of-the-coleman-appeal/#comment-1041 civil_truth Mon, 11 May 2009 04:52:45 +0000 http://www.redstate.com/soren_dayton/?p=143#comment-1041 It's not too often, but when the courts determine that ballot problems exceed the margin of victory such that the winner cannot be determined. Usually this has arisen because of electoral fraud - whereas here the issue here is methodology. Thus I don't know if the court would ever come to this place, or whether it would strive to determine a winner at all costs. In any case, a revote would have to come via court order - not by petition. It’s not too often, but when the courts determine that ballot problems exceed the margin of victory such that the winner cannot be determined. Usually this has arisen because of electoral fraud - whereas here the issue here is methodology. Thus I don’t know if the court would ever come to this place, or whether it would strive to determine a winner at all costs.

In any case, a revote would have to come via court order - not by petition.

]]> By: ConservativeLawStudent http://www.redstate.com/soren_dayton/2009/05/10/mn-sen-the-merits-of-the-coleman-appeal/#comment-1040 ConservativeLawStudent Mon, 11 May 2009 04:45:49 +0000 http://www.redstate.com/soren_dayton/?p=143#comment-1040 I think Coleman should take it as far as it needs to go. i just hope he doesnt have to and that the Minnesota Supreme Court will step up and do what is right. I think Coleman should take it as far as it needs to go. i just hope he doesnt have to and that the Minnesota Supreme Court will step up and do what is right.

]]> By: itrytobenice http://www.redstate.com/soren_dayton/2009/05/10/mn-sen-the-merits-of-the-coleman-appeal/#comment-1039 itrytobenice Mon, 11 May 2009 04:21:08 +0000 http://www.redstate.com/soren_dayton/?p=143#comment-1039 It doesn't matter which one gets approved in the end by the courts, half the voters are going to feel cheated. If there was a do-over, there might be a wide enough spread that it would be clear. And I say this as one who thinks that surely there aren't that many real morons in MN who really want Stuart Smiley as their Senator. It doesn’t matter which one gets approved in the end by the courts, half the voters are going to feel cheated.

If there was a do-over, there might be a wide enough spread that it would be clear. And I say this as one who thinks that surely there aren’t that many real morons in MN who really want Stuart Smiley as their Senator.

]]> By: conservativemusician http://www.redstate.com/soren_dayton/2009/05/10/mn-sen-the-merits-of-the-coleman-appeal/#comment-1038 conservativemusician Mon, 11 May 2009 04:12:46 +0000 http://www.redstate.com/soren_dayton/?p=143#comment-1038 I think Coleman should fight this all the way to the U.S. Supreme Court if necessary. Sure Minnesota needs its 2nd senator, but even if Coleman wins, it won't make a lot of difference in slowing down Obama's agenda, so I see no problem in letting this take its course through the courts. A few more months isn't going to hurt much, so I applaud Coleman for standing up to the Dem machine. I wish other GOP leaders had his fighting spirit and not just roll over all the time. I think Coleman should fight this all the way to the U.S. Supreme Court if necessary. Sure Minnesota needs its 2nd senator, but even if Coleman wins, it won’t make a lot of difference in slowing down Obama’s agenda, so I see no problem in letting this take its course through the courts. A few more months isn’t going to hurt much, so I applaud Coleman for standing up to the Dem machine. I wish other GOP leaders had his fighting spirit and not just roll over all the time.

]]> By: ConservativeLawStudent http://www.redstate.com/soren_dayton/2009/05/10/mn-sen-the-merits-of-the-coleman-appeal/#comment-1037 ConservativeLawStudent Mon, 11 May 2009 03:56:16 +0000 http://www.redstate.com/soren_dayton/?p=143#comment-1037 i hope that the court does decide this on the law and not on the politics. There are so many "why did they do it that way?" questions about the recount process. I hope Coleman's argument strikes the right cord with the justices. There are far reaching consequences on their decisions about how the ballots were counted. Sooner or later this needs to be over and Minnesota needs its second senator, but it needs the right one who was legally elected i hope that the court does decide this on the law and not on the politics. There are so many “why did they do it that way?” questions about the recount process. I hope Coleman’s argument strikes the right cord with the justices. There are far reaching consequences on their decisions about how the ballots were counted. Sooner or later this needs to be over and Minnesota needs its second senator, but it needs the right one who was legally elected

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