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View Diary: Good Day for Al Franken - Bd. Rules His Way (186 comments)

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  •  The dating of signatures may wind up in court (0+ / 0-)

    The statutes:

    SEC 203B.07

       A certificate of eligibility to vote by absentee ballot shall be printed on the back of the return envelope. The certificate shall contain a statement to be signed and sworn by the voter indicating that the voter meets all of the requirements established by law for voting by absentee ballot. The certificate shall also contain a statement signed by a person who is registered to vote in Minnesota or by a notary public or other individual authorized to administer oaths stating that:

       (1) the ballots were displayed to that individual unmarked;

       (2) the voter marked the ballots in that individual's presence without showing how they were marked, or, if the voter was physically unable to mark them, that the voter directed another individual to mark them;

    and

    Sec 203B.12

    Sec 203B.12

    The election judges shall mark the return envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if the election judges or a majority of them are satisfied that:

       (1) the voter's name and address on the return envelope are the same as the information provided on the absentee ballot application;

       (2) the voter's signature on the return envelope is the genuine signature of the individual who made the application for ballots and the certificate has been completed as prescribed in the directions for casting an absentee ballot, except that if a person other than the voter applied for the absentee ballot under applicable Minnesota Rules, the signature is not required to match;

       (3) the voter is registered and eligible to vote in the precinct or has included a properly completed voter registration application in the return envelope; and

       (4) the voter has not already voted at that election, either in person or by absentee ballot.

       There is no other reason for rejecting an absentee ballot.

    Voters must provide a genuine signature. If they have not, election judges MAY reject the ballots. By my reading, even that decision is not mandatory (I think Franken was preparing to litigate this early on, but probably sees no need to now). IF you stick to the statute, however, dating the signature isn't a statutory requirement.

    So, the observation about those absentee ballots in Duluth may be correct -- but it's not quite that simple.

    Back to the statute:

    and the certificate has been completed as prescribed in the directions for casting an absentee ballot...

    If the directions are clear that the signature is to be dated, there's an argument that this datum is incorporated within the statute by reference to printed directions -- but, it's not expressly in the statute.

    Hate to be making Coleman's arguments for him, but I figure his attorneys aren't dunces. I wouldn't be surprised if they sue, challenging acceptance of ballots without a dated signature.

    Coming Soon -- to an Internet connection near you: Armisticeproject.org

    by FischFry on Fri Dec 12, 2008 at 03:49:00 PM PST

    [ Parent ]

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