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Minnesota Campaigns Agree To Framework For (Maybe) Counting Votes

Minnesota Public Radio reports that a major breakthrough has taken place in the ongoing fight over wrongly-rejected absentee ballots in the Senate recount, which could potentially have a big impact on who wins -- or perhaps not.

The campaigns have submitted a plan to the state Supreme Court, in compliance with the court's very muddled opinion from last week, laying out a framework under which the two campaigns would come to an agreement about whether particular ballots were rejected fairly or unfairly, and then send them to the Secretary of State to be counted. In other words, the campaigns both have to consent to forwarding any single absentee ballot on to the Secretary of State, based on how they look on the outside and without knowing who the vote is for -- though they could probably infer a few things based on what part of the state the ballot is from.

And there's one more catch: The agreement would continue into the first week of January, even though the court called for a plan that would conclude in December.

It's still unclear exactly how many votes can actually be counted under a regime in which either campaign has veto power over the opening of a ballot envelope. Basic game theory would predict that both players deny any permission for ballots from the other's strongholds, and barely any votes are counted by the time it's over. And there's the other factor that at least at the moment, Coleman would seem to have a much greater need for more votes to be counted than Franken, whose lead is pegged right now at 47 votes, while at the same time the total pool of rejected absentees is believed to favor Al.

This might just be the peculiar genius of the court's decision: They have enshrined the principle that votes should be counted, but have also set up a system for this one instance in which nothing actually gets done.


11 Comments

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don't the envelopes have names on them? Didn't franken claim to have called a couple hundred of them?
Aren't the campaigns going to have a pretty good idea how each vote is leaning?
Could there be a dumber idea on how to finish an election?

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We need to see the operating agreement as proposed. It could be that the two campaigns have come up with something workable which could count most or all legit ballots.

It could be that the agreement requires a reason be given to reject a ballot, and that reason could be subject to a "reasonableness" test. That would tend to eliminate merely partisan vetos which would destroy the presumed intent of the count.

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one requirement is that the signature has to match the signature on file. To me that seems like something with a fair amount of judgment required. For a precinct favoring my opponent i would send my 3rd grade teacher, who was a stickler for crossing t's and such.
I'm actually more worried about the campaigns making lists with names and how they voted (either by calling, party registrations, or demographics) and then using the list to accept/reject ballots where its a close call as to whether it falls into one of the 4 legal reject piles.

Hopefully the canvassing board will review at least a sampling of envelopes where only one of the campaigns kept it from being opened.

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We don't have party registration in Minnesota (you just register to vote), so that option would be out.

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We don't have party registration in IL either but they can look at what party's ballots you've taken in primary elections to get a good idea of what you consider yourself. In my Republican dominated county they even put the name of the local precinct committeeman from your party on the webpage you can look up to see if you're registered. After an election like this with so much voter contact I'd be surprised if each campaign didn't have a very good idea of how each of those voters voted.

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Isn't signature match a pile 1-4 issue, not a pile 5 issie? That is, it's a formal statuatory requirement for a ballot to be accepted

If so, the pile 5 ballots have all passed muster for signature, and were rejected for some other reason. Allowing challenges to pile 5 ballots on pile 1-4 grounds opens up ALL absentee ballots to further review.

The recount is not supposed to be absolute. If Coleman comes out of the recount behind, he's free to contest the election, at which points such as this might be relevant.

All pile 5 ballots should be counted, and held individually along with their envelopes in case of election contest requiring further review.

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This is really dumb!

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I've been quite proud of the thorough and transparent way my state has handled this recount ... except for that nonsensical supreme court decision. No wonder the minority were so strong in their dissent. Are these the kind of fools Gov. Pawlenty appointed to the court? And he wants the chance to appoint federal judges? Ugh.

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It was a 3-2 decison.

The majority opinion was written by Helen M. Meyer. She is a Governor Jesse Ventura (Reform Party) appointee.

The opinion was joined by two Governor Tim Pawlenty (Republican) appointees.

The two dissenting judges weren't appointed by Pawlenty.

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Thanks Eric I've been looking for that information.
Coleman is getting backed in the corner. If he tries to throw more mud at the process it'll look even more obvious and he's just going to lose more public support.

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Really dumb decision by the Minnesota Supreme Court. There is already a standard by which to judge the validity of absentee ballots, but there were mistakes made by the local election officials.

If the two candidates were to be involved at all, it should have been to agree on a single standard to be applied to all the uncounted absentee ballots. The two candidates should have no say on individual ballots. That’s just asking for mischief (perhaps that’s what the two Republican appointees wanted?).

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