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My final analysis of the decision to count 400 ballots on Tuesday shows big wins for Coleman's legal team.

Coleman won three particular arguments and only gained 14 ballots.

I have adjusted my projection of the number of envelopes Coleman's team succeeded in having counted drastically downward since footnote 37 mentioned that Coleman's team actually failed to produce all the evidence they had for Anoka, Plymouth, Itaska, Minnetonka, Olmsted, Ramsey, and Wright.

The 400 count list has 85 envelopes unique to Coleman's list of 1359 absentee ballots, another 21 which were also on Franken's list, plus another 12 envelopes from earlier lists for a total of 118 envelopes.

All quotes are from The Order for Delivery of Ballots to Office of the Minnesota Secretary of State for Review by the Court which orders the physical review of 400 ballots in preparation for opening.

Order for Delivery of Ballots to Office of the Minnesota Secretary of State for Review by the Court

Memorandum

III: The Court Undertook a Thorough Review of Each Absentee Ballot

c: The Voter Must Submit an Absentee Ballot Application

... the Court was willing to find that the voter made an application ... bore a sticker.

This was one of Coleman's arguments where he accused local officials of losing the application or providing AB envelopes without requiring an application since testimony showed a clerk in Cass County failed to require applications. I only recorded 5 ballots in the 400 of the 39 presented by Coleman where Coleman's team proved the application could not be found.

d: The Voter Must Complete and Sign the Absentee Ballot Envelope
... Court determines that a signature that appears on the face of the ... envelope, wherever placed, complies with Minnesota law.

I only recorded 5 of the 19 claimed by Coleman among the 400.

e: The Voter's Absentee Ballot Must be Witnessed by a Registered Minnesota Voter or a Notary Public

... the Court accepted the witness as a registered Minnesota voter if the witness gave a Minnesota address ... accepted ... post-office box, without zip code ... or where the complete address was evident ...

This decision was in line with the arguents by Coleman's team. I only recorded 4 of the 175 ballots presented by Coleman where Coleman's claimed that the witnesses fit these exceptions among the 400.

While these decisions added only a few ballots to Coleman's count list, the decisions moot most of Coleman's equal protection claims. I believe Coleman's equal protection claims are down to signature mismatches where conservative areas were more stringent than liberal cities and counties. Coleman's 1359 still has 177 signature mismatches.

Originally posted to Tomtech's Ramblings on Sun Apr 05, 2009 at 06:40 PM PDT.

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