Minnesota's Supreme Court has unanimously ruled against Senator Norm Coleman Campaign's attempt to throw out more than 100 ballots because they might be duplicates. If the Coleman campaign had succeeded, it would have taken the lead again in a very tight recount with Democrat Al Franken. Instead Franken holds about a 47 vote lead.
The Coleman campaign claimed that some votes, mostly in Minneapolis precincts, had been counted twice because the votes were entered on two ballots which were both counted. A duplicate ballot is created when the original ballot is damaged or cannot be scanned by the voting machine. The court was silent on whether that may have happened, but said the State Canvassing Board was correct in not trying to decide the issue. The Court implied that if the Coleman campaign wanted to pursue the issue, it would need to do so in an election challenge which can only be filed after a winner is declared in the race.
After the jump... text from the ruling and how Norm Coleman could challenge this in court...AFTER Franken is declared the winner.
A live blog discussion on the latest in this story is going at at The UpTake.
Associate Justice Alan Page wrote in the order:
"There can be no dispute that unmatched original damaged ballots are valid ballots and the votes marked on those ballots should be counted in the election. There also can be no dispute that the same vote should not be counted twice. The dispute is whether counting the votes on the unmatched original damaged ballots in the recount will result in double-counting because those votes have already been counted based on an unmarked duplicate ballot. We do not and cannot decide that question based on the record presented in this abbreviated hearing.
"Because the resolution of (Coleman's) claim that double-counting of votes will result from including unmatched original damaged ballots in the recount is better suited to an evidentiary hearing and fact-finding, the decision of the State Canvassing Board to reject challenges to unmatched original ballots counted in the recount was not in error and relief requested by (the Coleman campaign) is denied."
This ruling makes it more likely an election contest will be filed. An election contest can only be filed after the State Canvassing Board has completed its work, which means a "winner" will already be certified.
Notable highlights from Minnesota's Election Contest Rules.
•The election contest is filed with the District Court in Ramsey County (Ramsey County is where St. Paul - the state Capitol - is located)
•The case must be heard and determined in Ramsey County by three judges assigned by the chief justice of the Supreme Court. If there is a division of opinion, the majority opinion prevails.
•After a contest has been instituted, either party may have the ballots inspected before preparing for trial. They don't have to look at all of them - they can submit a list of precincts for review.
•The trial has to begin within 20 days of filing the election contest.
•The election contest judge panel can have an election certificate reissued at ANY TIME.
•Loser pays all costs.
•It's a civil case. They need to show a preponderance of evidence. Evidence proving their case beyond a reasonable doubt is not required.
RELATED COVERAGE
Video: Coleman and Franken Lawyers argue case before MN Supreme Court on Tuesday
Text by Mike McIntee and Noah Kunin