Norm Coleman Dealt Blow By Judges In Minnesota Senate Trial

ST. PAUL, Minn. — The judges in Minnesota's U.S. Senate trial said in a preliminary ruling Friday that Republican Norm Coleman has not yet shown a widespread problem with absentee voters being denied the right to vote.

The three-judge panel ordered that rejected absentee ballots from 12 of 19 categories should not be counted in the Senate race. Coleman, who is trying to undo Democrat Al Franken's 225-vote lead, had wanted to count ballots in all but three of the categories.

Coleman had argued that thousands of rejected absentee ballots were excluded inconsistently and should be counted, but Friday's ruling would limit the total number of ballots to be reviewed for counting.

"The facts presented thus far do not show a wholesale disenfranchisement of absentee voters in the 2008 general election," wrote judges Elizabeth Hayden, Kurt Marben and Denise Reilly.

Coleman's lawyers argued that as many as 4,800 rejected absentee ballots should be counted in the race. It was not immediately clear how many are now off-limits because of the judges' order, but the judges had signaled it may not be a very large number.

"We may discover certain additional ballots that were legally cast under relevant law," they wrote.

Coleman's attorneys said Friday they believe about 3,500 rejected absentee ballots still remain in the trial. Marc Elias, Franken's attorney, said he couldn't yet estimate how many rejected ballots had been struck from consideration.

The judges left seven categories in which rejected absentee ballots could still be counted, including ballots from overseas service members that lack their original ballot application and ballots where the voter's witness didn't provide his or her street address.

The judges excluded categories such as late ballots from overseas service members and unregistered voters who failed to get their registration material because of government error.

Jim Langdon, a Coleman attorney, said he was pleased the judges didn't strike several categories where his team thought Coleman could gain the most ground, and that several rejected categories related to very few votes. But another Coleman attorney, Ben Ginsberg, said he was "saddened" that the number of categories and potential votes have narrowed.

Elias said Franken's team was encouraged that the judges seemed to agree to several of Franken's arguments, particularly that the legal requirements for voting absentee were fixed in state law.

"They stated in no uncertain terms that for a ballot to be counted, it must meet all the statutory requirements, and there are no exceptions to that," Elias said.

The trial had been moving slowly as Coleman's attorneys pushed for the inclusion of specific ballots. Those attorneys had said that if the judges made certain groups off-limits, it would likely bring the trial to a quicker end.

Comments

[RickCoMatic]

What Coleman don't know is that there is a guy who used to work for the Post Office that has three full bags of Absentee Ballots out in his garage. These votes haven't even been delivered yet. Most of them are from Republican strongholds. The three towns surrounding the Country Club. He called me and asked me what I thought he ought to do with them. I don't know. Too late for bringing them in for the Recount.
He don't know how many would be "Good" votes or "Rejected" or one of them so-call "Improperly Rejected Absentee Ballots." Who knows? Who cares? I told him he was in a "Lose-lose" position. Best thing to do: Burn every last one and spread the ashes out all-over Norm Coleman's lawn. Sure, there's probably snow and the ashes will stick-out like a sore thumb. So, shake them out in a message for Norm. "These votes were for you, Norm." Then, Run! As long as you don't get sloppy and get caught ... it never happened!

[Harbinger08]

It's sickening. Franken's team only appeals to the Rule of Law and to have the vote allowed strictly according to Minnesota state law, while it's become clear that the Coleman camp will twist, distort, double-deal and push any interpretation that benefits the recount in Coleman's favor, use the reverse argument the next minute to try to remove Franken votes, and when that doesn't work, delay delay delay just to maliciously get back at Franken and the Democrats. Can you believe there are people who claim they can't see these people are crooks? Then they must be crooks, too.

[JoeBlough]

Minnesota - Canada's mexico.

[MJinCanada]

Good heavens, maybe that's why the US government launched those spy drones along the Manitoba-North Dakota/Minnesota border!

Well, we've taken in US political refugees before -- but I think we might draw the line at Coleman supporters.

[HLL]

Give it up, Coleman. There was a meticulous and costly re-count. You lost. This is the voting system in this country. YOU LOST. Now get lost.

[KarateKid]

This is STILL going on??? Minnesota is worse than a Third World country.

[Baudacious Buccaneer]

Minnesota politics are influenced by Texan oil interests and the will of the Baptist Governor. Last week Coleman made the public statement that God wants him to serve. Bil Oil from Texas won Governor Pawlenty his second term.

Minnesota is no worse as a third world country than Iraq is as the USA's 53rd state.

[Stephanie71]

53rd state? Exactly when did we pick up 51 and 52?

[brt929]

Why does Texas oil care who ends up the governor of Minnesota? I don't see the nexus. Can you please explain?

[mitsie]

Don't forget the GOP who have been raising large amounts of money, to keep this in court. The Re-shrubs don't want the Dems in the Senate another seat. I hope this all backfires and the court just rules that he has to be seated. The Senate can seat him now, but the Re-shrubs have said that they would filibuster all legislation if they did that. My God, these people are nasty. So much for country first.

[katlade]

Enough already - Minnesota needs a senator. Hopefully one that is not under investigation.

[jimme]

By the looks of that photo,it seems that ol' normie is practicing wearing handcuffs,that he will in due
time be adorning.

[Mustang Sally]

Good one - I like it!

[gbht12]

Coleman, you are a sore loser. The GOP with the highly "respected" Cornyn in charge LOL is pushing for donations to keep Coleman seated. Give it up already. Minnesota deserves their senator , my little GOP friends and that would be AL FRANKEN.
In the name of Jesus, do the right thing. I know the southern GOP republicans love that religious talk. Thought I would throw it in there. God has spoken, give it up Coleman!!

[coliwabl]

Just more Republican obstructionism. They are all un-American for denying Minnesota their elected representative.

The Republicans continue to make a mockery of our system and play games at a time when the country is in need of real leadership and cooperation. They should be ashamed of themselves!

[Vixter]

WHAT SMUDOSHI SAID - WITHOUT A KISS.

[Tenebrae]

You know, the law suit I'd really like to see is a bunch of Minnesota voters suing Coleman for dragging this on and leaving them without representation, and demanding an end date for the election process beyond which Coleman (or Franken should the tally cross back that way) cannot mount a legal appeal. Just knowing when the issue could finally be settled would be nice.

[bygollymissmolly]

The blame for this whole mess rests in the hands of the MN SC. They made a horrible decision when they decided that both Coleman and Franken had to agree to count the 1,300 wrongfully rejected absentee ballots. Now they are entertaining the notion of allowing the count of 4,000 cherry picked votes that Norm has come up with. They should have shut this down at the start and said "the election is over, Franken is the winner".

I fear for any future election in MN or any state that allows the loser to file a lawsuit to stop the seating of the rightful winner.

[RickCoMatic]

Actually, if enough people engaged in a Class Action it would force everyone to quit fooling around.
The Judges have left an interesting challenge should this be appealed after they decide the Case.
Upon appeal the Transcript will identify several Coleman witnesses who got caught lying on the stand.
The Judges did not decide to have the liars taken into custody; but left their confessions on the Transcript. Golly good!
Have an Appellate Judge find-out that there is some matters to attend to after reading the Transcript and the Perjurers are going to be invited back to Court for Day-1 of the Appeal.
Since a few witnesses did, in fact, confess to being in Court and not able to remember everything the GOP told them to say ... they're at the mercy of the Court.
I hope the Judge throws the book at them. 15-Grand Fine. 10-to-15 Years Behind Bars.

[notb observer]

Colegate is a hypocrite of the first order. He was the one who called on Franken to concede shortly after the results were "in", and there was still a lot of doubt as to the real winner.
Now he's playing every legal card he can get his slimy little paws on to gain some votes in the hope of winning...
I don't think anyone should concede until the legal process is followed, but I sure would like to see someone from the Franken camp ask why Coleman doesn't follow his own advice to Franken and concede in the best interest of the state. Keep asking the question until that crook has to respond and admit that he is a two faced slime ball !

[Archivist1000]

"In 2007, Senator Norm Coleman (Republican of Minnesota) proposed an amendment to a defense appropriations bill that forbade the FCC from "using any funds to adopt a fairness rule." [35] It was blocked, in part on grounds that "the amendment belonged in the Commerce Committee’s jurisdiction".

from: http://en.wikipedia.org/wiki/Fairness_Doctrine

[AMP43]

We don't need anymore Repubs in the Senate - Coleman is a Bush man

[IllinoisGOP]

Don't get all excited yet Franken Fans. The recount was not consistent (counting disappearing ballots, finding new ballots, etc) and that hasn't been adjudicated. Actually the votes Coleman wanted to get in might have swung this to in a bigger margin to Franken - NO ONE KNOWS, including Coleman's lawyers, how those votes would have gone. Now it will move to irregularities in the recount. The Franken forces found votes, now the Coleman team will be figuring out how to get them thrown out. They may have a good case to throw out the 175 invisible (missing ballots) Dinkytown Votes and at least a serious look at the votes that "appeared" up on the Range. Also the corrected ballots that likely caused double counts in the recount. I don't think Franken should order a name plate or business cards yet.

[Wildcat93]

Actually- all of those 'irregularities' have pretty much been shown to be the fantasy of Coleman & the GOP that there were to start with. Nice try to maintain that myth though.

[bassnman]

The myth of double counted ballets is not a myth, my sister in law's brother is the attorney that argued before the MN supreme court and won that the original votes and the corrected ballets for that same vote must count. That is 2 votes for the same person!! When I asked him about if he thought that it was wrong for 1 person to get to votes he said flatly "NO, every vote must be counted even if it is cast twice".

[bygollymissmolly]

You haven't a clue what you are talking about, but then that pretty much describes all Republicant's. If you had bothered to follow the recount rather than regurgitating right wing talking points, you would not sound like the m o r o n that you are.