You’ve probably heard and read a lot about Minnesota voters whose absentee ballots got rejected and how those non-votes might affect the incredibly close U.S. Senate race between Norm Coleman and Al Franken.
But have you heard even one word yet from those voters?
“Oh, crap.”
Well, now you’ve heard two words.
Paula Guerra of St. Paul left for Utica, N.Y., on Oct. 11 to help her mother care for her ailing father. Her husband, Chris Farley, applied online to have Ramsey County send her an absentee ballot. It arrived two weeks before the election; Guerra mailed the ballot back the same day.
Then on Halloween, just four days before Election Day, Ramsey County returned Guerra’s ballot to her, unopened — rejected due to improper witnessing. Also included in the packet from the county were a new ballot and a page of instructions. “Oh, crap, I didn’t know this,” Guerra recalls thinking.
“There was a yellow sheet that they put in,” Guerra says. “It wasn’t in there the first time.”
The instructions explained that absentee voters who are out of state need to get their ballots signed by a notary public if no registered Minnesota voter is handy.
“I just had my sister sign as a witness,” Guerra said. Her sister is a New York resident. So this time Guerra got her mother-in-law, a notary public, to sign and stamp the ballot envelope.
“My God, you want to vote,” said the woman at the post office counter the next day, where Guerra paid a $15 overnight rate to send her second ballot back to Ramsey County.
It was supposed to arrive by Monday, or Tuesday morning, Election Day, at the latest.
“I’m really hoping it was counted,” Guerra says. “I wasn’t that concerned about Obama. It was for the Senate race. I knew it was going to be tight. It was on all the news shows.”
UPDATE: Guerra called Ramsey County after this post appeared to learn the status of her ballot. See this followup post.
She said her ballot’s marked for Franken.
That instructions were missing from the first absentee ballot mailing appears to have been a mistake. The Ramsey County Elections office tells the Minnesota Independent that including the sheet is standard.
But Guerra and Farley say that her mishap might have been avoided had the ballot return envelope itself carried clearer directions. Another shortcoming they see, as Farley noted in a comment posted at MnIndy, is that the return envelope doesn’t provide space for a notary’s stamp and signature.
Ramsey County keeps records of rejected absentee ballots returned to voters, I was told today by an official who also invited Guerra to call to confirm her ballot was received and counted. Getting the names of absentee voters like Guerra who had ballots rejected but who may not have been as persistent — and may not have have been properly rejected in the first place — is the goal of a suit by the Franken campaign that was heard this morning in Ramsey County District Court, with the judge ruling in Franken’s favor this afternoon.
The story behind Guerra’s rejected absentee ballot demonstrates the difficulties that even well-intentioned and highly motivated voters can have from afar. Much of the recent debate over the Coleman-Franken U.S. Senate recount that commenced today in Minnesota has centered on whether the state will also examine absentee ballots to find (and count) any that local officials rejected improperly.
While voters’ intent on ballots that have been accepted is held sacred under Minnesota election law, Secretary of State Mark Ritchie has made clear that the best intentions of rejected absentee voters to properly cast ballots are not. Absentee ballots that fail simple rules about signing, witnessing and mailing simply don’t get counted.
And while one problem appears to be the lack of a mechanism to promptly remedy improper rejections, Paula Guerra’s case suggests another problem: following absentee voting rules isn’t made as simple as it should be.













7 Comments »
Comment posted November 19, 2008 @ 4:15 pm
It seems like that’s a prime example of a voter who did things right and the election officials who made the error. It’s wrong to find an excuse to not count that vote.
Comment posted November 19, 2008 @ 6:24 pm
Please, rules are meant to be followed. If you get to ignore or break the rules at will, what is the point of the rule? If a vote broke a rule, it should remain rejected!
Comment posted November 19, 2008 @ 9:14 pm
Who cares, her vote was for Obama and Flanken anyways….
Comment posted November 20, 2008 @ 7:37 am
I agree (John K), rules are in place to be followed. That’s how the process works. However, the first rule is to include proper instructions to voters, so they in turn know the rules! If you don’t know the rules, how can you play the game? If other ballots were rejected under the same set of circumstances, then the voter should be allowed to correct the error. It isn’t their fault the proper information wasn’t included in their envelope. On the flip side, if the voter knew the rules and still broke them, their ballot should not be counted.
Comment posted November 20, 2008 @ 10:11 am
Voting absentee is tough. 2 years ago, my wife and I were living in Stuttgart, Germany at election time. I requested absentee ballots for us as soon as I knew they were available and could find information on how to obtain them. By the time they arrived at our APO mailbox on the Army base there, it was shortly before the election. We filled them out immediately and mailed them back, but I doubt they arrived in time, given the normal delivery time from APO post offices of 2 to 3 weeks.
Why did our absentee ballots arrive so late? Who knows. Maybe they were not sent promptly. Maybe the U.S. Postal Service “lost” them for a while, or maybe the Army “lost” them for a while. Making them available sooner and making the date of availability known well in advance of that date would have helped, however.
Comment posted December 1, 2008 @ 12:10 pm
Like many college students, I voted absentee in my first election, in 1976. Four years later I found myself serving as a precinct election official in Chicago. After the polls closed and the election had been called for Reagan, the precinct head judge suggested we just forget about the absentee ballots since they wouldn’t affect the outcome of the presidential race. My jaw dropped. I, the young outsider, was the only one to object. We did take the extra time to count those ballots, but after that experience I will do whatever I must to never vote absentee again. It is far too easy for judges to misplace, forget or even intentionally ignore the absentee ballots that voters have so trustingly placed in their hands.
Comment posted December 30, 2008 @ 4:06 pm
Regarding Chris Johnson’s comment, the absentee process has been made easier for overseas voters like him. Now you can go online, enter your voting address, and download a ballot to print out. Then you just vote on that ballot and mail it in to the County Clerk.
So no need to request a ballot, wait for it to be mailed to you overseas, and then mail it back. This speeds up the process quite a bit, and gives more time for overseas voters to cast their ballot.
(Of course, this makes it a bit more complicated for poll workers.
Those ballots come in printed on all kinds of paper and various sizes, depending on the voters’ printer. They won’t go through the optical scanners, so 2 poll workers (1 from each party) have to copy the voters choices onto a regular ballot, which is then fed through the vote scanning machine. Those are the “duplicate ballots” that you may have heard about — there was a lawsuit claiming that some of them were counted twice.)
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