Coleman Appeals Election To State Supreme Court

As expected, Norm Coleman formally appealed the results of the Minnesota recount election to the state's Supreme Court on Monday, adding another stage to an already lengthy electoral process.

The former Senator's legal team hosted a conference call late Monday afternoon to announce their much-anticipated move. They would not rule out the idea of taking the case even further: the U.S. Supreme Court.

"We are just thinking about the Minnesota Supreme Court for now," said lead recount attorney Ben Ginsberg.

As for how long the process could take, another Coleman attorney, Jim Langdon, said he expected the court to hear arguments sometime between two weeks and two months from today.

"In normal circumstances, with a typical civil case, the process could take anywhere from three to eight months," he said. "So this is -- whatever they choose will be very expedited."

Asked why he expected the state Supreme Court to come to a different conclusion than the lower appellate court -- which ruled Al Franken the winner of the most votes in the November election -- Ginsberg argued that the two venues had a different legal purview.

"Appellate courts generally have a broader view of the law and this court expressed its reluctance to get involved in the constitutional issues," he said. "The Supreme Court had said in other opinions that it has issued that it takes a much broader view of the law."

"There are lower court opinions reversed from time to time in all matters of the law," he concluded, "including recounts."

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Coleman's legal strategy hinges on having the court order the reconsideration of roughly 4,000 rejected absentee ballots, which lower courts have ruled were rightfully removed from the official count (usually for being filed too late in the process).

That said, when absentee ballots have been reintroduced during the recount they have generally favored Franken. Ginsberg was asked why he thought the same wouldn't be true with the disputed 4,000.

"As we have said before, the ballots that were opened up in the canvassing board recount and really by this court came much more from precincts that were carried by Franken than by Sen. Coleman," he replied. "And if ballots that are left, they tend to be from precincts carried by Sen. Coleman. But what we have also said all along is you never know what any one ballot will hold... there is a principle at play here."

Al Franken's legal team is planning a conference call later on Monday to respond to the latest twist in the Minnesota saga.

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Comments

[downwithbs]

On slogs Norm Coleman, his lawyers brandishing the shopworn 2000 Supreme Court "equal protection" argument that certain voters in Minnesota were disenfranchised in the November election.

Who can buy that argument, when Coleman is so quick to deny ALL the citizens of the state a U.S. Senator for months and months?

[funkalicious]

It sure is fun counting all the ways that Norm Coleman and the GOP can lose an election.

Too bad irony as humor is as dead as Coleman's chances of winning.

Help me count the ways to make Norm go away.

....https://services.myngp.com/NGPOnlineServices/contribution.aspx?X=EjMWbGdwzawSctQo5b28qonrR4zZ72jHJx%2bkZkPSHMY%3d

[Barbara2423]

The GOP said they would continue to fund Coleman's appeals to keep Franken from getting this seat. Such a waste of money.

[Horus45]

The more money they spend on Coleman is that much less that they will be spending on Election Campaigns come 2010 Midterms.

[RickCoMatic]

All those legions of Minnesota's Electorate. Those innumerable disfranchised souls.
Oh, the Humanity!
The 4,000 self-disen­franchisin­g, couldn't fill-out the Ballot right, had their Ballot rejected by ALL Judges and BOTH Campaigns, the "Pile-5" People, Ballot-fil­lin'-out-F­oo-Bar folks, that Minnesota Election Law says their vote is disqualified because whoever filled it out ... screwed it up ... BAD!
The Certified Disqualified. Those who did the disenfranchising all by themselves because they ... (This is no time to be indelicate) ... are not capable of following the directions.
The whopping 0.125% of the Vote.
Zero Point One Two Five Percent. Not even close to Half of One Percent.

[iswideopen]

Coleman v Franken=Bush v Gore. If you can't win it fair and square, steal the election! I wish I had the money Coleman is wasting on this "sore looser" nonesense.

[elizlucinda]

Norm won't pack up his tent and leave quietly...I'm shocked!!!

[cjt1957]

Maybe they should count ALL the legal ballots, not just the ones cherry picked by either side...

[buddhistMonkey]

They did. Al Franken won.

[Horus45]

That's what the recount was for, they have been counted.

[Margalo]

Very likely the Republican Party or some of its larger donors are sending funds to the Caymans for Norm Coleman, so that he can keep appealing and delaying a 59th Democrat from getting a Senate seat. Even he isn't stupid enough to think he can win the appeal.

[lunchlady]

Grrrrrr..... I want justice. In the form of no further public office of any sort for Coleman, and many terms for Franken. The GOP is shameless.

[taricaziz]

Northwest Airlines gone, where was Norm? Norm will soon be gone also.

[iamvalid]

If the DNC had any brains, they would be printing campaign posters at this very moment. Universal posters that can be held up at any Rally.

"Remember Norm Coleman."

[Liberal2]

I understand that in 2014 Coleman will congratulate franken for winning in 2008, then campaign on a platform complaining Franken accomplished nothing in his six years as Senator.

[calamityjohn]

What happened to all the GOP concern over the desperate need for "tort reform"

[HLL]

The GIVE A DOLLAR A DAY TO MAKE NORM GO AWAY fund is up to $27,500. When I gave $21 bucks to it on Saturday it was at $500 dollars. Clearly there are thousands of people willing to put their money where their mouth is.

Coleman must be stopped. He lost the election in 3 re-counts. He lost the judges decision. He's put his personal ambition, greed and selfishness above his state and country. He has penalized the Senate long enough. Since he won't concede he must be stopped.

Here's the link to GIVE A DOLLAR A DAY TO MAKE NORM GO AWAY
https://services.myngp.com/NGPOnlineServices/contribution.aspx?X=EjMWbGdwzawSctQo5b28qonrR4zZ72jHJx%2bkZkPSHMY%3d

[RickCoMatic]

This matter between Coleman and Franken hasn't anything at all to do with Franken any more. The Litigation that Coleman should be filing is: Coleman v Minnesota's Legislator's. The "Who got the most votes part is OVER!
That is why: It's NOT an Election Contest, anymore! It's a Conspiracy to Hijack the Senate.

The overwhelming opinion of those closely watching Coleman v. Frankin now allege the Case is actually a Bad Faith based, GOP Slush-funded, Un-American, Civil Rights Violating, Un-Constitutional, Perpetuation of a Major Fraud and a Blatantly obvious Conspiracy to keep Al Franken tied-up in Litigation, while intriguer Governor Pawlenty quite remarkably and conveniently keeps the Senate Seat Vacant for the GOP Senatorial Committee to capitalize upon.

I believe that is what it is too. There are far too many factors to indicate that it is. Not much but a denial and a say-so to say it isn't.