Norm Coleman’s legal team called a half-dozen voters to the witness stand on the second day of the Minnesota trial that may decide who gains the seat Coleman formerly held in the U.S. Senate.
The voters’ testimony occupied the first part of the afternoon in court Tuesday after a morning in which the action was entirely behind the scenes, as three election contest trial judges met in chambers with attorneys from the Coleman and Al Franken campaigns. And their personal tales of electoral woe went a ways toward refreshing the palate after a disastrous Monday in which the judges rejected Coleman’s photocopied evidence.
Three elderly men, two younger men and one woman told three judges that their votes in the Nov. 4, 2008, election didn’t count because local officials determined that absentee ballot and registration signatures didn’t match. All said the Republican Party had contacted them with news that their votes hadn’t been counted, though not all had confirmed that information with officials.
Eugene Markman of Waite Park, Minn., said he voted by absentee ballot so that he could spend 16 hours as chief election judge at a precinct in his former home town of St. Cloud. Coleman attorney Jim Langdon asked Markman to read aloud the reason (signature mismatch) another local official noted for rejecting his ballot.
“Whoever wrote this don’t know how to write either,” Markman said with disgust.
Douglas Thompson told the judges his signatures didn’t match because his girlfriend was responsible for one of them.
Coleman attorney Ben Ginsburg, a veteran of Bush v. Gore presidential recount case in 2000, told reporters at the end of the day that putting voters on the stand was the court’s idea. “The judges suggested to counsel that it would be very helpful to hear from some real people in real situations,” he said.
Ginsburg also cited the day’s last witness called by Coleman’s side, Deputy Secretary of State Jim Gelbmann, who had testified that “matching of signatures is the one area where there is a level of discretion allowed by the local officials.” Such variation by locality, Ginsburg insisted, “is a perfect illustration of what we need to correct in this process.” To sum up the problem, Ginsburg again pointed to another statement by Gelbmann: “Every ballot has its own story.”
But that same phrase was also a keynote in Franken attorney Marc Elias’ arguments presented to the press after court adjourned for the day. In Elias’ telling, Gelbmann’s saying means that decisions made by local officials in the original canvass and again in the statewide recount should stand: They have already elicited each ballot’s story.
Elias expressed one frustration with a metaphor (trying “to chase this rabbit around a hole”) that another Franken attorney, Kevin Hamilton, had called “a constant game of shuffling the deck” in a strenuous objection before the court. The problem they allege: Coleman’s team continuously changes the so-called “universe” of rejected ballots they want the three judges to review. The day’s presiding judge on the panel, Denise Reilly of Hennepin County District Court, said the court would take the objection under advisement.
But such procedural moves weren’t what Coleman, who (unlike Franken) was again present for the trial today, wanted to talk to reporters about afterward. “Today we saw the human side of this,” he said. “It’s heartwarming to be here and to hear Minnesotans come forward and be so passionate about having their votes counted.”
That passion was on display with Coleman’s first witness, Gerald W. Anderson of St. Paul, who said he is blind and cast his first vote for Eisenhower in 1952. As for the vote Republicans told him was rejected, he protested loudly: “I want it back! I’m entitled to my vote!”














5 Comments »
Comment posted January 27, 2009 @ 11:59 pm
Suddenly the Republicans are defenders of elderly people with trouble voting. When they don’t have photo IDs because they don’t drive anymore, the Republicans are happy to disenfranchise them. Any wonder why poor or disabled elderly tend to vote Democratic?
Comment posted January 28, 2009 @ 1:23 am
I was pretty struck by the witness who said the signatures didn’t match because his girlfriend signed his absentee ballot. That should ABSOLUTELY invalidate his ballot. Why he couldn’t sign his own ballot is beyond me.. I just can’t believe that Coleman’s people would put someone like that on the stand.
Comment posted January 28, 2009 @ 11:26 am
No taxation without representation! We have a multitude of issues being addressed in Congress while all this nonsense is going on. Why is this not brought up? We have one Senator and as far as I know, the Feds are still taxing us right now. I sure hope we get a “credit” on our federal returns this year for the days we went without representation….
Comment posted January 28, 2009 @ 1:40 pm
We personally think the original voting should stand.
Franken can find a million reasons to question the vote.
But – that is true of the other side too.
Once the voting is over, it is over and final – NO MORE
LOOKING FOR WAYS TO FINAGLE THE VOTE!
Comment posted January 29, 2009 @ 10:28 am
I agree with Tara above: what’s the point of requiring a signature, if it doesn’t have to be yours? And more the point, given all these weeks to prepare, and pick their four most heart-wrenching examples to lead with, that’s the best they can come up with? An obviously illegal ballot, and the argument, well, it had SOMEBODY’s signature, that should be good enough?
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