The Election Contest Court has ruled that the remaining contested absentee ballots will be counted on April 7, starting at 9:30 am Central Time. Whoever is ahead at the end of the count will be declared the winner of the 2008 election for what used to be Norm Coleman’s (and Paul Wellstone’s) Senate seat. Norm will of course appeal to the Minnesota Supreme Court (and will take his sweet time doing so — he has ten days to make his appeal), but it’s getting closer to the end here. Once the Minnesota Soops deep-six Norm, that’s it.
But this was all expected. What will be truly interesting will be if Harry Reid keeps his word and tries to seat Al Franken tomorrow, or if he’ll wait until after the last of the absentee ballots are counted next week. If he does, he’ll have to use the nuclear option to do it — but as Kathleen Sebelius has already stated, the N.O. is on the table anyway in order to get Obama’s budget passed.
If you’re wondering how the ruling went for Norm: Not good. Here’s a taste:
[Coleman's] counsel argued that the Court should presume a voter is registered without evidence to the contrary, that a witness with a Minnesota address is properly registered, that a voter with an absentee ballot completed an absentee ballot application, and that the voter’s signature is genuine. However, when the counties or a party places an absentee ballot in issue and that ballot has been carefully reviewed but continues to lack legall sufficiency, the Court can make no such presumptions. Further, [Coleman's] presumptions are not reasonable in light of the small number of absentee ballots at issue in this election contest and the fact that these absentee ballots have already been carefully reviewed as many as three times by state and local election officials.
Bada-boom, bada-bing. Franken attorney Marc Elias is at this moment (4:44 pm CDT) having a press conference at The UpTake. He sounds very happy indeed.



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Woo Hoo!!!
mad props to you PW !
silly me, just now left you a note over at your place – and of course you got it goin’ on at the Lake.
man oh man this is good news
I think that the most salient point in the ruling is that ONLY 400 ballots will be examined, and not all of those will be opened and counted.
Many of the requested ballots are being requested so the court can examine the original envelopes because the copies were fouled or otherwise illegible.
Normie needs 65% + of the 400 ballots. Let’s say that 100 of them are ruled ineligible (again), that leaves 300 ballots to be counted. Normie would need over 85% of those.
Congratulations Senator Franken!
It is.
And not a single mention of Norm’s “equal protection” crapola, other than as referenced above. The ECC obviously doesn’t think much of Norm’s case. And as the ECC goes, so goes the Minnesota Supreme Court.
shorter ECC: STFU and quit wasting our time Hacks !
Yup.
Yupper. Or “We know you’re going to appeal this because the RNC wants you to do so, so we’re going to make sure any attempt to appeal this sucker dies a hideous death.”
Would Franken’s team need to make a claim for expenses as soon as the ballots are opened so that if Coleman appeals they can request a bond? Show me the money you just lost!
I have an idea: You know that irritating song, “This is the song that never ends”?
Get drums and cymbals, or trash cans and trash can lids, and start playing and singing it loudly outside every Senate and Congressional office in the country. Bang the drums! A tuba would be a nice addition.
Wear red white and blue! Drive Them CRAZY.
Then when they get Franken sworn in, stop.
I would rather see that going on 24/7 outside Coleman’s house.
oh you sweet talker you :D
Or John Cornyn’s.
Harry Reid should also STFU.
And the word “DENIED” is all caps in the original ruling. It stands out like a sore thumb.
Hey Norm—DENIED!
Does that mean the judges were shouting?
Sure looks like it to me, though it may just be how things are done in legal documents.
The ruling is really a great read. It’s written is plain English, not lawyerese, and it seems pretty definitive to me. I don’t see how the MN Supremes could have any cause to overturn it, and certainly the US Supremes have no cause even to review–thus the DENIED MOTHERF***ER statement at the end.
Another thing to remember is that the panel has 1 Republican, 1 Democrat, and 1 Ventura-appointed judge on it, including one MN Supreme Court member. I don’t see any way in Hell this gets successfully appealed.
na na na na
na na na na
jes warming up teh pipes
/fat lady
Glad to hear this is almost over as we need some comedy relief in the Senate (besides the Republicans).
If Coleman/Cornyn want to try to appeal this to federal court does that mean they are looking for “activist” judges?
why hasn’t Shuster or Matthews said anything at all about this tonight?
Because they’re little bitches, maybe?
So how about we start a pool on whether Reid will live up to his word? I’ll take 3-1 against.
This is great news. Thanks for all your work staying on top of this, PW.
Holding breath now for NY-20. Hopefully, Tedisco’s little stunt will also be DENIED!
I’m always in favor of the nuclear option against against rethugs. Heck, can we pass healthcare while its in effect?
not Shuster-he’s the real deal. Scooter Libby still wakes up with cold sweats from his nightmares of Shuster’s reporting on the Plame case.
In general, I do like Shuster. I’m probably expecting a harder edge than is really possible from a media outlet that is owned be GE.
My contempt for Joe Lieberman will never subside.
(just had to throw that out there, randomly)
Dugg right here, please join me!
Digg Pups!
Coke or Pepsi Teddy??
what a circus
Watching Hardtinyraisinballs yesterday, I was lead to believe that this case would go all the way to the Supreme Court of the US. And that Coleman is fully within his rights to have contested the election thus far and that Coleman is a fine gentleman who helps little old ladies cross the street. And that there is no stinking way that Stuart Smalley will get seated in this lifetime.
That was the Chris Mathews Spittle Show with concurring Republican guest. Mathews thinks this is a real yuk fest.
That’s what it means?!?! Thanks!! ]-)
Actually, he would need more- about 313 out of 400 to take the lead- that’s 78% of the 400.
It’s not clear to me, though, whether only the ballots Normie wanted counted are going to be reviewed. What about those Franken asked for?
possible post-litigation career path for Norm: Blago becomes a radio talkshow host: http://www.msnbc.msn.com/id/29876832/
More than that, he would need 313 of 400, which comes out to, um 78.25 percent. I think.
I had him pegged as a WalMart greeter.
How about a convict?
Yea for Al Franken! I can’t wait for that man to be in the Senate. He will be a fantastic Senator and a great voice for all of America.
Off topic:
The republican budget that will be unveiled tomorrow will be $300 BILLION DOLLARS MORE THAN WHAT PRESIDENT OBAMA’S IS…
http://thinkprogress.org/2009/…..op-budget/
Ooopsie. Will the Tea Baggers tea bag their own? We’re gonna find out tomorrow! Can’t wait to hear the collective fainting of the right wingers all over America.
Got to keep the war profiteering up or they won’t have any campaign donors.
NO AND reconciliation for the Senate. Stop giving the Repukes equal status. That’s NOT what we voted for.
emptywheel is frontpaged!
Durbin and Whitehouse: Why Did Mukasey Give OLC a Peek at the Yoo/Bradbury Results?
You’re right. My math skills aren’t that great.
These ballots are a mixture of ones that Franken wanted and ones that Coleman wanted. I’m going to go out on a limb and guess that there are more of Franken’s ballots than Colemans based on a few things:
1. Nearly half of the ballots are from DFL strongholds–Hennepin County, Ramsey County & St. Louis County (Mpls, St. Paul & Duluth).
2. The way the ruling systematically knocks down all of Coleman’s arguments for including previously excluded ballots.
3. Franken’s lawyers seemed to be more pragmatic in their approach to what they wanted the court to look at. As PW detailed so beautifully throughout the contest, it seemed that Coleman had a very scattershot strategy of including anything at all that could possibly help him regardless of legality, whereas the ballots that the Franken team included seemed to have basis for inclusion.
I could certainly be wrong, but not wrong enough to change the game at this point!
It appears to be the court’s own determination. I’d guess that it’s some of Al’s and some of Normie’s.
In the Order, the Court said that both party’s (that is, both Franken and Coleman) materials were inadequate and they had to review all the available material on the ballots in question.
They have ordered that the original ballots be sent to MNSecState’s office for the Court’s review on April 7. The Court will determine which (if any) of the 400 or so ballots will be opened and counted.
So the onliest thing the Court has ordered is that the original (sealed) absentee ballots be sent for the Court’s review and determination as to the fate of the ballot.
Given that these things have been reviewed at least 3 times by election officials, I’ll be surprised if even half of them are opened and counted.
You go, Senator Al!
I love how they cry, “The Democrat budget is too expensive! It’s so laaaaaaaaaaaaarge! More than all budgets in our history combined!”, and then there’s ends up $300,000,000,000 more expensive!
.
Now if we can just get Tina Fey to run for Hillary’s seat. Maybe Will Ferrell could hornswoggle Texans into believing he’s Dubya and score another Senate seat. The more SNL people we get in there, the better. The problem now is that there’s a lot of funny people in the US Senate, just not ”ha-ha” funny.
.
I look forward to Senator Franken being seated soon – though it should have been a couple of months ago with his peeps.
Let him be the first, but not the last person of the progressive pursuasion to prove that your avocation, or interests, or your chosen line of work – even the “entertainment industry” does not mean you have to check your right to participate in public life.
yea but the House is a real yuk-fest-especially on the republick side. They don’t even have the class to call their opposition party by the right name,(hi Erikkk) and don’t you just love it when John Boener cries like the drunk on the next bar-stool in front of God and everybody?
The Wellstone Caucus
Immediately upon being sworn in, we need Al to announce the formation of a Wellstone Caucus — triple antibiotic treatment for 1) ineffectual leadership by Reid, 2) Bayh/Nelson DINO’s, and 3) toxic bipartisanship with craven hypocrites like John Cornyn.
Lieberman is untreatable, and therefore must be quarantined in a category all by himself.
Inddeedeee! According to this Franken has a 272 vote lead.
http://www.minnpost.com/dailyg…..lead_grows
If there are only 400 left he needs 84% of the remaining ballots.
400 uncounted+272 Franken lead =672
To achieve half of that (i.e. to make it 50%) Coleman would have to get 336 +1 of the remaining 400. That’s 84%.
Good luck with that!
The flip side of this is that Coleman tried to introduce nearly 1000 fraudulent ballots before the Court in order to win the election. He attempted to get votes counted of UNREGISTERED voters, voters who voted twice (absentee and in-person), and who acquired and submitted absentee ballots that were under someone elses name (a felony).
This was criminality on a massive scale…yet Coleman was attempting to place these ballots into consideration.
One can only ask WHY Norm would think that these illegal voters would have helped him gain victory?
Gregg Levine is upstairs at the Mothership!
Election Night Jitters
It’s worse than that, C-ape.
Remember that these ballots have been scrutinized at least three times and rejected. I don’t think the ECC will count anything like the full set of 400.
Even if they do count the full set of 400, a large part of the ballots come from DFL strongholds. Making it to 50% would be a miracle for Normie. Is that the fat lady I hear vocalising in the background?
waiting till April 7th for the 500th recount of this senate race no wonder this is taking forever by comparison the Florida recount in 2000 was done quickly would the damn Republicans concede already good grief i think enough already and i don’t even in Minnesota
Ummm, the 2000 Florida recount was ended because the ‘thugs bought themselves a Brooks Bros suited riot.
Then they mangled the legal system to get the end they wanted, and inflicted Dumbya on us for 8 years. Eight years that I’ll be working the rest of my life to help clean up.
You know, thanks but no thanks, I want this one done right, all the ‘i’s dotted and ‘t’s crossed. We’ve waited four months, I can wait another week.
Why the delay for counting the remaining contested ballots? They’re available now, it’s a workday, why not count them sooner rather than later?