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In Boost To Franken, Minnesota Restores Missing Ballots To The Count

Some good news for Al Franken: The state canvasing board just voted unanimously to compensate for the loss of those 133 missing ballots in Minneapolis by going back to the recorded Election Night vote totals for this precinct, sparing Al the loss of a net 46 votes.

This means Franken has survived a major threat, as his campaign's calculations of how the race would go ultimately depended on the ballots being found or compensated for.

The Coleman campaign had been arguing against this move, on the grounds that the state can't count ballots that no longer seem to exist -- they were believed to be in a ballot marked "1 of 5," but can no longer be found -- while the Franken camp said that to do otherwise would be to disenfranchise the 133 people who had the poor luck of having their ballots end up in a lost envelope.

The board, made up of a mixture of Republicans, Democrats and independents, has sided with Franken on this one.

More to come.

Late Update: To be clear, we're watching the hearing over here on a streaming video feed.

Late Late Update: State Atty. Gen. Lori Swanson (D) just gave her advisory opinion on another very big issue, whether absentee ballots that appear to have been improperly rejected should be put back in the count. Swanson told the board that they have the authority to request (but not order) that counties meet again to count those ballots. If the board sides with Swanson, this could be a huge boost to Franken, as he had a good-sized lead among the overall absentee ballots, and introducing new votes into the count would probably net him some more in the total.


23 Comments

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Good news... I think. Hard to tell in this race. They might restore the original count in one precinct and take votes away from Franken somewhere else.

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It really matters little what they decide because whatever decision the board makes will be litigated by the loser. The final decision will be made by a judge.

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Good point. Hopefully it will be resolved in time for the midterms.

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Actually, it does matter. The standard of review will be abuse of discretion, similar to "incontrovertible video evidence" from instant replay in the NFL. In a close call, the original decision stands.

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You mean like in Bush v. Gore? Nice theory, but in reality the court will have no qualms whatsoever about substituting their judgment for that of the Canvassing Board, irrespective of whether there was any abuse of discretion.

Essentially every election law in the country and all the legal precedent says that the primary consideration in elections is that voters should have their votes counted whenever possible. That Coleman has to resort to such ridiculously contorted logic claiming that the absentee ballots weren't actually "cast" shows how shaky his position is. Still, all that didn't stop Scalia and his buddies from overruling the Florida Supreme Court and awarding the election to Bush, so you never know.

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Frog Leg, youo are spouting nonsense: "In a close call, the original decision stands." There is no such legal standard. Law and sport are two different non-parallel universes.

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How many people think that, if Coleman looses the recount, he will do what he suggested Franken do and concede. Ha!

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This is good news and it's really good news for voters. I like the fact that there is bi-partisan and indepedant cooperation here to make sure as many votes as possible can be counted.

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Kind of OT, but just saw this headline on CNN's site and couldn't resist: Mystery acorn shortage baffles scientists

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It's the Invisible Squirrels. They are taking them away and storing them in their invisible nests for the winter.

;)

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No, it's Acorn workers that are missing, no doubt spirited away by that Rethug operative Snidely Morbid.

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And they're being tortured into confessing their sins of false voter registration by being forced to listen to Pat (Metal Head) Boone.

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No, it's the goddamn investment banker squirrels who created an acorn bubble and now it's burst. Henry Paulson is preparing a plan to divert part of the TARP money to bail out the investment banker squirrels, but ordinary squirrels who will go hungry this winter are out of luck. Nancy Pelosi is calling for legislation to address the issue, but Senate Republicans are threatening a filibuster.

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It is a sad statement when the "investment bankers" are out-squirrelly'ing the squirrels!

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On the late late update, maybe I'm misunderstanding the issues, but it seems logical that absentee ballots should be reviewed just like all the polling place ballots. I understand the rules of rejection might be different, but shouldn't a recount review include a review of all ballots no matter how they were cast?

Then again maybe my mistake is trying to apply logic to this process.

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I agree with you - I don't get why absentee ballots aren't the same exact goddamn thing as on-site ballots.


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There's probably a reasonable argument to be made that the absentee ballots are sent to elections offices where they're judged by full-time officials, who are presumably more experienced than the army of Election Day officials at polling places. I'm not saying it's a good argument against reviewing the process, just that it's not a completely unreasonable one.

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I agree with both of you - and magster and Allsburg below. Without seeing what she based that request-but-not-order opinion, it seems like a recipe for court challenges.

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If they have the authority to request they be recounted, wouldn't the liberal counties say "OK", forcing the GOP counties to say OK just to try to keep Coleman ahead. That would be great news.

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This is Bush v. Gore all over: Minnesota will be using different standards in different counties. Some will reopen to count the wrongfully rejected absentee ballots, and some will not. It's a violation of due process. Danger, danger!!

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No, Ramsey County (Elections Manager Joe Mansky) refuses to sort the rejected absentee ballots.

Ramsey County is one of the most Democratic in MN.

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No, Ramsey County (Elections Manager Joe Mansky) refuses to sort the rejected absentee ballots.

Ramsey County is one of the most Democratic in MN.

I just don’t understand the logic behind this attitude. Shouldn’t an elections manager want every legitimate vote to count?

Is he worried about embarrassment if it shows that he screwed up? Or is there something more sinister going on?

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I often heard about USA as the biggest democracy (?) in the world, and Bush make war in Asia to "promote democracies" in "authoritarian undemocratic" countries (Iraq, Afghan).
So the news of MISSING BALLOTS (done expressly, of course, by someone) and "mistakenly absentee ballots rejected electronicallY" struck me as a something VERY FAMILIAR events "in undemocratic, not fairly done elections" everywhere in the third world, both in authoritarian or in multiparty corrupt countries. But I never heard such things happens in Indonesia? Missing ballots? It will go to a judicial processed system (started by the parties involved protests).
"Not counted" ballots because of "manual" mistakes (NO electrical ballotting here, only papers)? NEVER existed here....!!!
How come such primitive events happen in the ultramodern superdemocratic country as USA?

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