MN-SEN

Minnesota Election Court Throws Out Coleman's Mega-Trial Idea, Goes Mostly With Franken Plan

The three-judge panel in the Minnesota election contest has just released their official schedule for the trial, after the Coleman campaign submitted a plan for a lengthy, multi-phase trial while the Franken camp wanted a prompt, single-phrase trial.

And as it turns out, the essential parts of their schedule were taken from the Franken team, Al's first big victory in this phase of the never-ending Senate election. The key point is that that the judges appear to be going with a single-phase trial, beginning on January 26, two weeks before Coleman wanted to begin the first of his several mini-trials. The schedule also corresponds closely with the Franken team's other dates for when arguments are to be filed, witnesses and evidence are to be listed, and other such procedural guidelines.

Coleman's proposed schedule has been almost entirely scrapped, with the only major remnant being a January 21 hearing on Franken's motion to dismiss the case -- perhaps the only example in which the Coleman camp picked the earliest feasible date.

One caveat: The Franken camp did ask for the trial's length to be capped at 15 trial days -- that is, three work weeks -- but the court's order is silent on this matter. There's only one way to find out how long this thing will take.

Late Update: Lead Franken attorney Marc Elias has released this statement applauding the court for adopting this schedule -- and making it clear how much Franken really wants to get to the Senate soon:

"With urgent matters pending before Congress, it is essential that we move forward and resolve this lawsuit in a timely fashion so that Minnesota may have equal and full representation in Washington. We're pleased that the panel set this matter for trial on January 26th and has rejected former Senator Coleman's attempt to slow-walk this process and further delay the seating of a second Senator from the state of Minnesota."

Coleman Going To Court Against Lawsuit From Franken Voters

Norm Coleman's legal team has now filed a motion to intervene against a class-action lawsuit that has been lodged by 64 voters, who all appear to have been Franken supporters, who say their absentee ballots were wrongly rejected and should be put into the count.

As we've reported, the Franken team has been reaching out to supporters whose ballots are still uncounted, helping them to go to court.

Coleman's lawyers might have a point in arguing that this matter properly belongs with the court handling his lawsuit against the election result. But one line in the filing is pretty telling: "Coleman is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect his interests."

In plain English: If these votes are counted, I'll be in even worse trouble than I am already.

Late Update: The state Supreme Court has referred this lawsuit to the election-contest court, essentially agreeing with Coleman's lawyers on one of their points. Note that this action does not comment on the merits of the voters who filed the suit -- they simply agreed as to what the proper venue is for examining this.


Senate To Coleman: You May Reopen Your Office -- So That You Can Shut It Down

The Senate has answered Norm Coleman on his requests to reopen his offices: You may in fact reopen -- for the purposes of cleaning out your desk.

Coleman had been arguing that the closure of his office after his term expired was hurting Minnesota, as his staff was unable to help constituents while the seat stayed vacant. The Senate has responded by allowing Coleman to reopen until February 4, so that his staffers can gather up the pending constituent-service cases and transfer them to the remaining members of the state's Congressional delegation.

Of course, the underlying reason that the seat is vacant right now, and Minnesota therefore lacking in full constituent services, is that Coleman is keeping Al Franken's win bottled up in court, and he and the Senate GOP are objecting to any provisional seating. But it's good to see that Minnesotans' needs are being addressed to at least some extent.

Franken Camp To Coleman: Cut Out The Delays

The Franken campaign is laying out its response to Norm Coleman's court request for how to conduct his lawsuit against the election result, which would involve a series of five mini-trials to individually test his various claims. Their answer: Let's have a regular trial instead.

In a conference call just now with reporters, lead Franken attorney Marc Elias said the campaign is filing their own proposed schedule that will use a conventional single trial -- which Elias said is consistent with the law -- in which Coleman could call witnesses and present evidence, and then would rest his case. Whereas the final one of Coleman's mini-trials would begin in late February, Elias said his own schedule could end by that point.

The problem here, Elias said, is that Coleman hasn't actually presented real evidence or much of a case so far, and is instead seeking to use these multiple trials as a venue to find something.

"We believe that Norm Coleman has a right to go to court, okay, because that's in the law," said Elias. "We don't believe that he has a right to delay, to use the process of going to court to delay the people of Minnesota from having representation in the United States Senate. Nor do we believe that he has a right to have his court challenge proceed in a multi-phase process that will span week after week after week, in an effort for him to try to turn up a rock some place and find some evidence."

Minnesota Ballot High-Jinks: One Man's Story

Meet Dennis Peterson, a retired engineering consultant from the Democratic stronghold of St. Louis County, Minnesota, whose absentee ballot was rejected through an apparent clerical error. He voted for Al Franken, and he's now a plaintiff in the new class-action lawsuit from 64 Minnesotans who are seeking to get their votes counted.

Peterson lives in a Democratic bastion, he's donated to Dem state legislative candidates, and he's attended the local Democratic caucuses. It turns out the Coleman campaign vetoed the inclusion of his ballot, under the state Supreme Court's controversial decision to give both campaigns this power over wrongly-rejected ballot envelopes.

"St. Louis County was heavily Democratic. They probably tried to reject every ballot they could," Peterson told Election Central, as he's worked to figure out his situation. "And they had two months to research this thing, so they could probably figure out who was a Democrat."

And likewise, Team Franken had an obvious incentive to track him down and help him.

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Minnesota Supremes: Franken Can Ask For His Immediate Certification...In Three Weeks

The Minnesota Supreme Court has agreed to hear Al Franken's lawsuit asking that they order Gov. Tim Pawlenty and Secretary of State Mark Ritchie to issue him a certificate of election -- his ticket to Washington -- while Norm Coleman's lawsuit to overturn the election result is still pending.

The catch: They will hear the arguments on February 5. So Franken will have to wait another three weeks just to argue that he should get a certificate immediately.

Now who knows, maybe the court could end up agreeing to grant the certificate if the litigation is still dragging on by then. But they're content to let the process keep working itself out for a little while longer.

Coleman Camp Proposes Month And A Half Long Schedule For Election Lawsuit

A big question in the Minnesota Senate race has been just how long Norm Coleman and his attorneys intend to fight this whole process out in court. We now have an answer, with Coleman's lawyers filing their proposed schedule for the trial in his election contest -- a schedule that would have the contest by itself last another month and a half from today, without taking into account any potential appeals.

To be specific, Coleman's lawyers are actually proposing a series of separate mini-trials within the overarching trial, testing each of his campaign's various claims of irregularities that unfairly gave Al Franken the win. If this schedule ends up being adopted, and also if the Franken camp were to fail in their current legal efforts to secure a certificate of election in the interim, it would guarantee that Minnesota will be stuck with only one senator for quite a while.

Check out the full list of proposed mini-trials, after the jump.

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More Fun In Minnesota: Franken Voters Sue To Get Their Ballots Counted

The Franken camp has yet another ace up their sleeves as they fight through the litigation in the Minnesota race. A new lawsuit has just been filed in state courts, a consolidated action by 64 voters who say their absentee ballots were wrongly rejected and are now seeking to have them put into the count.

The Franken campaign has not directly filed this lawsuit, but lead campaign attorney Marc Elias mentioned yesterday that they were giving it their support. Does this have a chance of succeeding? Absolutely, because the option of individual voters suing to get their ballots counted was an often-discussed legal remedy throughout this whole process. Now that we're in the contest phase, the Franken campaign and its supporters are really stepping up to compete.

Now Franken Is Heading To Court -- And He Wants That Certificate

Al Franken's lawyers really don't mess around. In a conference call with reporters just now, lead Franken attorney Marc Elias announced that the campaign is filing a lawsuit at the state Supreme Court to force GOP Gov. Tim Pawlenty and Democratic Secretary of State Mark Ritchie to issue Franken a certificate of election, and send him to the Senate.

Elias placed a request with Pawlenty and Ritchie yesterday, which was promptly rejected, arguing that Franken was entitled to a certificate contrary to the conventional wisdom that state law blocks the issuing of a certificate until after Norm Coleman's lawsuit to overturn the result is settled.

Not so, Elias argues, saying that a different section of the same law would actually require the issuing of a certificate in a legislative contest, with its discussion of revoking an already-issued certificate if the contest concludes with the original loser now on top. "So there is a tension between these two provisions," Elias said. But he thinks the provision he's relying upon will trump the other because it is the more specific of the two.

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Franken Camp To Minnesota Court: Throw Out Coleman's Lousy Lawsuit

I have now had the chance to read through the Franken campaign's latest legal filings, responding to Norm Coleman's lawsuit to overturn the Minnesota election result. Franken's filings have a certain quality that we've seen not only in the recount but really throughout this whole election: Complete and utter contempt for Norm Coleman.

The Franken filings say that Coleman's lawsuit is without any merit, is excessively vague and sloppy, and presents no legally permissible remedies that could actually change the fact that he has lost the election. In short, they say the lawsuit should be thrown out or otherwise taken care of as soon as possible, so that Al Franken can take his seat in the Senate.

Our breakdown is available after the jump.

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Judges Selected For Minnesota Election Lawsuit

The three judges who will be presiding over Norm Coleman's lawsuit to contest the Minnesota election result were just appointed this evening, hailing from all over the state both geographically and in terms of their political backgrounds:

Judge Elizabeth Hayden from Stearns County (St. Cloud), an appointee of former Democratic Gov. Rudy Perpich.

Judge Kurt Marben of Pennington County, in the state's rural northwest, an appointee of former Gov. Jesse Ventura.

Judge Denise Reilly of Hennepin County (Minneapolis), who was first appointed by former Republican Gov. Arne Carlson.

The appointments were made by state Supreme Court Justice Alan Page.

This proceeding will use a three-judge panel format. This is for a good reason: A single judge would be too powerful to decide matters of law and fact in a case like this, while on the other hand a jury would obviously be a very flawed way to solve a disputed election.

Minnesota Sec. of State to Franken: No, I'm Not Certifying The Election For You

Minnesota Sec. of State Mark Ritchie has just released a statement in response to the Franken campaign's request for a certificate of election to be issued today, which would send Franken to the Senate while Norm Coleman pursues his legal challenge to the election result.

The answer is a definite "No":

"Minnesota law is very clear on when a certificate of election can be issued. Neither the governor nor I may sign a certificate of election in the U.S. Senate race until all election contests have reached a final determination. Even if the governor issues a certificate of election prior to the conclusion of the contest phase, I will not sign it."

So unless Franken goes to court and can succeed in convincing a judge to order a certificate to be signed, he's out of luck for the weeks or months that this litigation could take. As we've seen from the haggling on Capitol Hill over Roland Burris' certificate of appointment, no certificate equals no seat.

Late Update: Gov. Tim Pawlenty has also just released a statement, turning Franken down and citing the relevant state statutes. The statement is available after the jump.

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Franken Camp Demands State Officials Certify Him As Winner

In a conference call with reporters just now, the Franken campaign rolled out their organized response to Norm Coleman's lawsuit to overturn the election result in the Minnesota Senate race, which has bottled up the election result in court: Not only is the lawsuit baseless, but they believe the Governor and the Secretary of State are legally required to issue them a certificate of election today.

Lead Franken lawyer Marc Elias announced that the campaign is sending a letter to Gov. Tim Pawlenty and Sec. of State Mark Ritchie, pointing to federal and state laws that they believe require Pawlenty and Ritchie to issue the certificate, contrary to the conventional wisdom that has held that the certificate can't be issued until after Coleman's lawsuit is dealt with. Not so, says the Franken camp -- Minnesota should have two senators, and the winner of the election is entitled to his certificate.

When a reporter asked if the Franken campaign could go to court over this to force the issuing of a certificate, Elias didn't rule it out. "We don't take any options of the table," Elias said, "and are eager to have Senator-elect Franken receive the certificate that he is entitled to."

Elias made clear that issuing a certificate would not cut off Coleman's legal right to contest the election in court -- it would simply force the seating of Al Franken in the interim. But as for the lawsuit itself, Elias said it was "riddled with error," and that the campaign was filing a motion to dismiss.

Assuming the lawsuit does go to trial, Elias also showed that the Franken people have their own number of issues that they can push in their favor. For example, they will seek the counting of improperly-rejected absentee ballot envelopes that the Coleman campaign vetoed during the sorting process, and they are also giving their support to a lawsuit to be filed today by absentee voters seeking to get their ballots counted.

Franken And Coleman Publicly Come Together On Israel

Al Franken and Norm Coleman were able to just briefly put aside their legal fight over who actually won the U.S. Senate race in Minnesota, the Star Tribune reports, and come together on one issue: Showing support for Israel.

Both Franken and Coleman were invited speakers at a pro-Israel rally yesterday in the Twin Cities area, at which Minnesota politicians from across the political spectrum all made appearances. The two candidates even shook hands.

"You can imagine how rare it is for me to agree with everything Senator Coleman says," Franken said to laughter and applause. Then after pledging to support Israel as a U.S. Senator, Franken joked to Coleman: "That's something we might disagree on."

Election Central Sunday Roundup

Obama Economic Adviser Promotes Stimulus Plan On YouTube
The Obama transition team has posted this new YouTube video featuring Christina Romer, who will be Obama's chair of the Council of Economic Advisers, to promote Obama's stimulus plan:

Back in 2007 and 2008, the Obama campaign was noted for the ways it used the Internet to reach out to voters and spread its message. Now that he's won the election, the incoming Obama Administration is still using the new medium to push its policies.

Obama Shows Reluctance On Investigating Bush White House On Torture
In an interview on ABC's This Week, Barack Obama seemed to indicate that his administration won't be investigating the Bush White House for crimes related to torture, wiretapping and other offenses:

"We're still evaluating how we're going to approach the whole issue of interrogations, detentions, and so forth. And obviously we're going to be looking at past practices and I don't believe that anybody is above the law. On the other hand I also have a belief that we need to look forward as opposed to looking backwards. And part of my job is to make sure that for example at the CIA, you've got extraordinarily talented people who are working very hard to keep Americans safe. I don't want them to suddenly feel like they've got to spend all their time looking over their shoulders and lawyering up."

Biden Visits Afghanistan
Joe Biden visited Afghanistan on Saturday, meeting with President Hamid Karzai and military leaders. He also visited the southern Afghanistan region, a Taliban stronghold. "I am very interested in what becomes of this region because it affects us all," Biden said in a statement.

Coleman Campaign Swamps Counties With Document Requests
The Star Tribune reports that county election officials in Minnesota are being overwhelmed with requests from Norm Coleman's lawyers, who are looking for documents such as approved absentee ballot envelopes and precinct voting rosters, in their effort to subtract votes from Al Franken and add votes for Norm Coleman. "You're talking 30,000, 40,000 pages of documents," said Stearns County (St. Cloud) elections chief Dave Walz -- and he was just talking about his county alone.

Bush: GOP Shouldn't Change Philosophy -- But Needs To Change Messengers
In an interview with Fox News Sunday, President Bush said that Republicans must avoid being seen as the anti-immigrant party if they want to be viable, and also that they shouldn't deviate from an anti-tax and pro-military platform. "We shouldn't change our philosophy," said Bush. "We may want to change our messaging. We definitely want to change messengers. We need a new group of leaders."

Caroline Kennedy Meets With Paterson
The New York Times reports that Caroline Kennedy and David Paterson met on Saturday, their first formal discussion about Hillary Clinton's Senate seat. Paterson has already met with other people who are interested in the seat, including Reps. Steve Israel and Carolyn Maloney, plus Nassau County Executive Tom Suozzi, and his office told the Times that he will be holding more meetings in the coming days.

Biden Officially Resigning From Senate, Effective Thursday
Joe Biden has officially tendered his resignation from the Senate, effective at 5 p.m. ET on January 15. Biden was sworn in for his seventh term just this past Saturday, choosing to remain a Senator for just a short while longer before becoming vice president -- for example, staying in the Senate enabled him to go on his current tour of Asia.

GOP's Spin On Coleman Reaches New Heights

It really is amazing to see where the Republican spin is going with Norm Coleman's challenge to the Minnesota election result, which has put the seat in limbo until such time as the conflict is settled.

Earlier tonight, I sent an e-mail to NRSC spokesman Brian Walsh asking him for comment on the new Research 2000 poll saying that 47% of Minnesota voters want Franken to be provisionally seated during the contest, compared to only 37% who prefer that the seat remain vacant. I expected him to say that the poll was commissioned by Daily Kos and therefore not credible. But that's not what he said.

"So a majority of the people of Minnesota do not think Al Franken should be seated?" Walsh told me. A few minutes later he sent me another e-mail: "Guess you won't report that a majority of Minn voters oppose seating Franken right?"

Of course, that's not what the poll says. A 47% plurality favor seating Franken, only 37% oppose seating him, and the remainder are in the undecided column. Note: "Undecided" does not mean they favor your position. And if it did, you could easily tell Walsh that 63% of Minnesota voters oppose keeping the seat vacant.

Election Central Saturday Roundup

Obama: My Plan Will Save Or Create 3-4 Million Jobs
In his latest Presidential YouTube Address, Barack Obama announced that he is releasing a report analyzing the impact of his proposed stimulus package, saying the package would save or create three to four million jobs:

"The jobs we create will be in businesses large and small across a wide range of industries," Obama says. "And they'll be the kind of jobs that don't just put people to work in the short term, but position our economy to lead the world in the long-term."

NYT: Economists Worried The Stimulus Isn't Big Enough
The New York Times reports that some economists are worried the proposed stimulus package still isn't big enough, with Obama's hands tied by the political need to propose tax cuts to win Republican support, and also having to deal with an already-massive deficit. "We have very few good examples to guide us," said William G. Gale, a senior fellow at the Brookings Institution. "I don't know of any convincing evidence that what has been proposed is going to be enough."

Illinois Secretary of State Signs Burris Appointment -- Sort Of
Roland Burris' legal team has tried a new legal maneuver to secure Illinois Secretary of State Jesse White's signature on his Senate appointment: They have obtained a certified copy of the appointment paper, signed by White. Bear in mind that this is not necessarily the same as if White had signed the appointment form itself -- his signature here attests that the new paper is a true and accurate copy of the original, valid appointment. The Senate's lawyers will make their own decision as to whether it's binding.

Burris Legal Team: We're Going Back To Washington, Could Sue
The Chicago Tribune reports that Roland Burris' legal team is citing yesterday's state Supreme Court decision, holding that he doesn't even need White's signature in order for the appointment to be valid under Illinois law, as proof that the Senate must seat Burris. They are now promising to return to Washington on Monday, and will file a lawsuit in federal court if Burris isn't seated.

Al Franken To Attend Obama's Inauguration
Al Franken will be heading to Washington in a week and a half -- though for now it will only be to attend Barack Obama's inauguration, not to be sworn in as a Senator. A spokesperson for Norm Coleman said he will not be attending the event.

Coleman: Democrats Blocking Constituent Services
Norm Coleman is complaining that the Senate's decision to close his offices after his term expired -- leaving the seat vacant while Coleman challenges the election results in court -- is hurting Minnesotans who have been relying on him for constituent services. "There are people -- this is real-life stuff -- who come to us for help," Coleman. "They're being hurt by Harry Reid." Meanwhile, Reid's office denies that they promised Coleman they would let his staffers keep working, though they are working to come to an acceptable solution.

GOP Sen. Voinovich Could Retire In 2010
The office of Sen. George Voinovich (R-OH) has acknowledged rumors that he could retire in 2010, saying in a statement: "If he changes his mind about running, he will share that decision quickly with the people of Ohio -- people he considers his second family." A Voinovich retirement would immediately set up a close and hotly-contested race in a big swing state.

Scalpers Turning Big Profits On Obama Inaugural Tickets
The Hill reports that ticket scalpers are already making a bundle off of the tickets to Barack Obama's inaugural parade, which sold out in minutes on Friday afternoon. The retail price of the tickets was $25, but they are now going for prices of more than $400.

Poll: Minnesotans Want Coleman To Concede Defeat

When Norm Coleman announced on Tuesday that he was contesting the Minnesota election result, he said he was doing it to ensure that the will of the people was followed. But a new SurveyUSA poll shows just the opposite: Minnesotans want this thing to end.

The numbers: 49% disagree with Coleman's decision to contest the election, compared to 42% who agree. There also is no great constituency for the Coleman campaign's claim that the recount was slanted against them, with 56% saying it was fair to both candidates and only 31% saying it was unfair to Coleman. When the question is phrased as to what to do next, 44% say Coleman should concede, 31% want to hold a new election, and eight percent want to have another recount.

The poll also shows that the election dispute, plus all the mud-slinging during the campaign itself, have sent both candidates' personal ratings down the drain: Coleman is at only 38% favorable to 44% unfavorable, while Franken has a statistically similar 37%-45%.

Oddly enough, the Coleman campaign told the ABC affiliate in the Twin Cities that this poll only reinforces their decision to contest the election.

Norm Coleman Removed From Senate Phonebook

Norm Coleman is now a Senate un-person.

Mother Jones reports that the updated Senate phone listings have just been printed out -- and Norm Coleman's name isn't in them. After all, his term expired this past Saturday, and he's now in court to force the election results to be changed so that he's winning instead of Al Franken.

Think about this, Norm: Joe Biden is going to resign his seat within the next two weeks, and even he's still in the Senate phonebook.



Coleman's Lawsuit: This Whole Election Stinks -- And I Won

I've been reading through the lawsuit that Norm Coleman has filed against the result of the Minnesota Senate race, and it's a marvelous thing.

The complaint ignores the existence of counter-evidence, employs one maneuver when it is self-benefiting and opposes the same maneuver when it goes against them, attacks not just the recount but votes that were counted for Franken all along, and overall throws everything against the wall to see what sticks.

So it could take a while for courts to sort through everything. In the meantime, here's a quick rundown:

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Coleman's Lawsuit Hits First Possible Bump In The Road

If Norm Coleman was hoping for the three-judge panel that will be hearing his election lawsuit to be stacked in his favor, he's out of luck. The state Supreme Court just announced that the person in charge of the appointments to that panel will be Associate Justice Alan Page.

Page, the former NFL star and current jurist, was not particularly kind to the Coleman campaign's legal arguments in the lawsuits that came up so far in this case. Coleman might have done better had one of the court's conservatives been put in charge.

Normally the appointments would be made by Chief Justice Eric Magnuson, but Magnuson recused himself because he sat on the same state canvassing board that Coleman is suing to overturn. And Page was next in line.

Then again, if Coleman loses the trial he might appeal on this one, too.

Minnesota Canvassing Board Member Fires Back At The Journal

Yesterday, the Wall St. Journal published an editorial lambasting the Minnesota recount with arguments ranging from distortions to omissions to outright falsehoods. Now someone is firing back: Ramsey County (St. Paul) Judge Edward Cleary, an appointee of Jesse Ventura, who served on the state canvassing board that oversaw the count.

Cleary has written a letter to the Journal, saying that he's been a subscriber for over 30 years -- and he's really angry about this editorial. Cleary particularly objected to the description of the board as "meek" pawns of Democratic Sec. of State Mark Ritchie:

Our members (two Supreme Court Justices, two District Court Judges, and Secretary of State Ritchie) came from all political backgrounds, openly expressed our opinions at the meetings, and can hardly be accurately described as "meek", unless you mean "meek" by New York in-your-face standards.

Finally, Cleary called out the Journal on the real source of their anger about the recount:

One can only assume, based on the tone of the editorial, the numerous inaccuracies, and the over-the-top slam at Al Franken ("tainted and undeserving?") that had Norm Coleman come out on top in this recount, the members of the Board would have been praised as "strong-willed, intelligent, and perceptive."

We won't hold our breath waiting for that editorial to appear.

Franken's Lawyer Ridicules "Former Senator Coleman"

How is the Franken campaign responding to the lawsuit from Norm Coleman, contesting the results of the Senate recount, which could bottle this up for months? In a briefing just now with reporters, lead Franken lawyer Marc Elias approached it with a very calm and sober demeanor -- and ridiculed Coleman to no end.

"We are on the precipice, I suppose, of the next phase here," Elias said, "which is where the Coleman campaign takes a very big rock, and pushes it up a very steep hill."

What exactly is Coleman's legal complaint disputing about the recount, you might ask? Everything we've heard before, Elias said, with a couple new twists.

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