Coleman On Franken Victory: We'll Sue

ST. PAUL, Minn. — Minnesota's highest court on Wednesday ruled against Republican Sen. Norm Coleman's attempt to keep dozens of possible double votes from Democratic-heavy precincts out of the long-running U.S. Senate recount, but left the door open for a lawsuit.

The state Supreme Court unanimously denied Coleman's request for a temporary restraining order to block the votes, which the Coleman campaign contended were duplicates that mostly favored Democratic rival Al Franken. The court upheld the state Canvassing Board's ruling on the matter.

The court's decision leaves Coleman with fewer ways to make up ground in the recount, where he now trails Franken by 47 votes. But Associate Justice Alan Page made it clear the issue of duplicate ballots was unresolved and said the court's ruling was not binding in a future lawsuit.

Coleman's attorneys, who said the campaign was "deeply disappointed" by the decision, added that it virtually guaranteed the recount would end in litigation and delay the seating of a Minnesota senator past Jan. 6, when the next Congress convenes.

"This is close enough so that inevitably as a result of this decision, either party is going to be filing a lawsuit," said Fritz Knaak, Coleman's lead attorney for the recount.

Meanwhile, Franken's campaign welcomed the decision, saying it meant the recount would move forward.

"We approach the end of a recount that Minnesotans can be proud of _ and one that we strongly believe will result in the election of Al Franken," campaign spokesman Andy Barr said in a statement.

The issue before the state Supreme Court concerned damaged ballots that couldn't be fed through optical scanners. Under Minnesota law, election judges must copy such ballots, mark the copies as duplicates and count them, and keep the originals in an envelope. Coleman contended both originals and duplicates made it into the recount, and his attorneys went to court when the Canvassing Board ruled against him on those ballots.

Page wrote that the justices didn't have enough information to determine whether original damaged ballots and duplicates were counted twice.

"We do not and cannot decide that question based on the record presented in this limited setting," the court order said.

Chief Justice Eric Magnuson and Associate Justice G. Barry Anderson _ who both serve on the Canvassing Board _ did not participate in the decision.

The race still could hinge on as many as 1,600 improperly rejected absentee ballots that have yet to be counted. The court extended the deadline for counties to sort those ballots, giving officials until Jan. 2 to deliver them to Secretary of State Mark Ritchie. His office has until Jan. 4 to count the ballots, which will be wrapped into the recount.

The campaigns will be allowed to challenge the official count during that process, and the Canvassing Board will rule on the challenges.

Coleman led Franken by 215 votes out of about 2.9 million cast on Election Day, well within the threshold for an automatic recount under state law.

Comments

[jonmeher]

Okay. I don't understand why Franken cannot accept defeat. I know it turned around; however, it was a waste of money that the state already doesn't have. Think if you were in Coleman's situation

[MuchMadness]

Photocopying ballots? What kind of crazy laws does Minnesota have?
The voter should be responsible for making sure that the ballot is in good condition before marking his votes. Then when he submits the ballot, the election worker should feed it into the scanner in the voter's presence. If the ballot will not scan due to damage, the election official should be required to destroy the ballot in the voter's presence and give him a new, undamaged ballot to mark and submit.

[Shiral]

That's a great message to send: If I lose, I'll sue!

Give it up, Norm. If you want to see how a gracious loser acts, watch a video tape of John McCain's concession speech. I thought he ran an awful campaign, but he did show some class and courage in defeat. Study it until you GET it.

[lm945]

When Coleman thought he was winning, he said Franken should graciously concede.

Now that it looks like Franken is the winner, Coleman is behaving like a petulant two year old.

Coleman should take his own advice and concede. It's too late for the gracious part.

[Gidster]

Well, he is a Republican after all, he thought it was in the bag!

[DesertKayaker]

Heck yeah Coleman will fight this thing to the next galaxy. He doesn't want to lose his cushy job and all the benefits that go with it!

[Toonadude]

Mr. Coleman:

Sit in a chair and gaze into the mirror and, in your best Stuart Smalley voice, say:

I'm a Republican ... and darn it ... I'm worthless.

[lmvd3]

This guy needs to take his big fake teeth and plastic hair, and go stand in the unemployment line with everyone else.

[randyjet]

The reason the court ruled against Coleman was that the number of voters on the sign in sheets matched the number of votes cast, so that they was NO double counting. If there had been double counting, there would be more votes than voters.

[wm1066]

Bingo!
They can call it double counting but we all know its a lie. Of course that wont stop CNN from using the Coleman lie as their talking point.

[MendyUSA]

What I don't get is why put the original "damaged ballots" in an envelope so they can be paired up with their repaired scanned and counted copies latter. Seems to me a stapler might be in order here. The head election judge would take the original "damaged" unscanable / uncountable copy. From it create the undamaged scanable / countable copy. Scan It. Mark it as a DUPLICATE SCANED copy. Mark the original as UNSCANABLE DUPLICATED. Now the tricky part.... staple them together. As far as Coleman’s contention that they were counted twice I very much doubt that anyone involved in the recount would miss a ballot marked duplicate and count it again. But the unmarked damaged original, well maybe. My guess is that because the court recognized that the original damaged ballot was not marked and was not immediately paired with its duplicate it left the door open for a possible double count.

[nick1936]

When are the Feds going to indite this guy????? Besides the best thing is to send this dispute to the floor of the senate

[citizensrus]

If these votes haven't been counted...­and it is anyone's guess if they will favor Coleman or Franken...­how is it that they could contain double votes?

[JTyroler]

Out of curiosity, has Coleman supported "tort reform" and other efforts to limit the amount someone can be awarded in a lawsuit? Anything about "frivolous" lawsuits? Just curious - Coleman seems to be pretty eager to file lawsuits - or at least threaten to file them.

Other options for Sen. Coleman: hold his breath until he either passes out or is awarded the victory; lie down on the floor, pounding his fists, and screaming that he's the better person to be a United States Senator; or continue to threaten lawsuits until it's time for the next election.

[Yermammy]

Take his teeth out and scare the kiddies might work.

[beanchihuahua]

HAHAHAHAHA­HAHA..good one

[BillMelater]

I guess tort reform is only good for us sommon folk.

[BillMelater]

common folk

[Jim281]

Is there anyone this jack @ss hasn't sued?

Give it up, Norm! It's over!! You su ck!!!

[rabiddog6708]

See you in court, loser!

[zigzag1]

I saw a dispenser of Coleman campaign hats in the public restroom today