It was a part of a Minnesota Supreme Court order that few could love. Last month, the campaigns of Al Franken and Norm Coleman got the right, by a 3-2 court ruling, to reject absentee ballots that election officials had determined were lawfully cast.
And reject they did, leaving about 400 individual voters with only one way to re-enfranchise themselves: by filing a lawsuit of their own. But they have to do it by Jan. 12, according to courtesy letters the Secretary of State Mark Ritchie sent Jan. 7. And the price tag (don’t call it a poll tax) could be as high as $5,000 per voter, according to one local attorney with experience in election law.
Charles Shreffler, who before leaving private practice was one of the few local attorneys handling election law cases (for Republicans, he says), estimated in an interview today that the cost of an election contest would be at least $2,500 and more likely in the $3,000–$5,000 range. “It’s not rocket science,” he said of the legal work required, but the relative scarcity of specialists in the field — and the fact that many are already engaged by one side or the other in the Minnesota Senate recount — might play into the price.
The lawsuit Coleman’s campaign filed on Jan. 6 also took the form of an election contest, but one with a much wider scope than those that individuals receiving the letter from Bert Black, Ritchie’s legal adviser, would bring. Ritchie griped publicly about the Supreme Court’s ruling several times in the closing weeks of the recount, wondering aloud how a soldier in Baghdad whose valid absentee ballot a campaign vetoed would manage to file an election contest from the other side of the world.
The campaigns didn’t know what the votes were on the ballots they rejected; they only saw the outside envelopes that carried the absentee voters’ names and addresses. But campaign representatives had fairly wide latitude, as long as they completed a form giving a reason for each rejection.













6 Comments »
Comment posted January 9, 2009 @ 6:55 pm
Just out of curiosity, why is a graphic of a voter registration card with “Rejected by political candidate” included with this story? The candidates did not reject voter registration cards. They rejected ballots.
Comment posted January 10, 2009 @ 4:00 am
Thanks for the comment, linda. Not the most elegant graphic, I admit. But it is taken from the envelope that an absentee voter puts his or her ballot into before mailing it back to his or her home county. So a filled-out version of this is what the campaigns were reviewing (and in some cases rejecting) in the last days of the recount.
Comment posted January 10, 2009 @ 11:19 am
No matter what the outcome, all legal votes must be counted or the election is not valid.
Comment posted January 10, 2009 @ 11:02 pm
I agree with lazercat. The supreme court screwed up. I don’t blame the campaigns for following the rules even if they were dumb, except that they could have chosen to accept local officials’ judgments and not vetoed. In a way I hoped Franken wouldn’t veto out of principle, but I also understood that if Coleman could veto everything from a DFL precinct and Franken didn’t veto any, he was conceding the election, and he did offer to mutually forgo the vetoes, which Coleman refused.
Comment posted January 12, 2009 @ 10:55 am
So does this mean that out of the pool of ballots rejected by candidates, now Coleman can turn around and pay the cost of the law suit for those ballots which he, Coleman, wants to be counted? Again if he can cherry pick 255 votes out of 400 can he buy his way back into office this way? Is there any other way for Franken to counter this except by doing the same?
Comment posted January 12, 2009 @ 11:06 am
Miro, I was wondering that too, but I believe the campaigns will present any and probably all ballots they want counted or not counted to the three-judge panel that will hear Coleman’s election contest lawsuit. So this really applies to any voters whose ballot one campaign rejected and the other campaign doesn’t take up. The campaigns may each argue on behalf of every ballot that the other side rejected … we just don’t know yet, but today’s the deadline for individuals to file their own suits to have their votes counted.
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