Skip to main content

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


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.

Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags


More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site