Coleman’s attorneys conclude case, say Franken’s win should be invalidated

By Paul Demko
Monday, March 02, 2009 at 4:53 pm

2089470086_7179ebc1ddFormer Sen. Norm Coleman’s legal team has rested. After five weeks of testimony from voters and election officials, they have finished making their case, and the gist of their argument is this: the election contest was rife with errors and the certification of Al Franken as the victor by 225 votes should be invalidated.

Tomorrow Al Franken’s legal team will begin making its own case, which attorney Marc Elias predicts will take two to three weeks. Franken’s attorneys, however, will present a much sunnier assessment of the state’s election system.

“Minnesotans have a lot to be proud of,” Elias said on a conference call with reporters this afternoon. “Their elections were run efficiently, were run effectively. The system worked.”

The three-judge panel hearing the case issued several orders this afternoon. It ruled that three Franken voters should not be included in the final vote tally and fined the Coleman team $7,500 for wasting the court’s time.

The latter stems from a dispute over the testimony of Minneapolis poll worker Pamela Howell. The Coleman campaign had failed to disclose communications between its attorneys and Howell. Consequently the three-judge panel initially ruled that her testimony would not be allowed. Ultimately the judges decided that Howell’s testimony will stand, but that the Coleman campaign should pay for the three days spent dealing with the matter.

“In the event this sanction fails to deter future conduct on the part of [Coleman's attorneys], the Court will not hesitate to impose harsher sanctions, up to and including dismissal,” the judges warned in their order.

Comments

9 Comments

Ron Thiessen
Comment posted March 2, 2009 @ 9:05 pm

If either candidate argues, before the state declares a victor, that the process is fatally flawed, then that candidtate would be arguing against the validity of his own victory if he were to win here in Minnesota.

If either candidate ignores the result of his own state’s election process and goes outside the state to seek a victory, then if he wins in that venue, he would be representing a state from which he has no mandate.

In my opinion, any attempt to manipulate the results of this election would be exceedingly unwise given the current state of mind of the electorate. Our votes are being counted by our elected officials and we trust them. As long as that is true, when they say we have a winner, we will have a winner.

We are perilously close to chaos because of a pattern of abuse of power that has destroyed our economy and our standing in the world. When this process is completed, if the public is satisfied, the loser should put the interest of the public ahead of his own ambition and accept the result.

That advice applys to both candidates.


Count Crash
Comment posted March 2, 2009 @ 9:59 pm

I find it very strange that before the recount Mr. Coleman had a lead of around 1200 votes and yet after, Mr. Frankin had a lead of some 200 votes. A 1400 vote difference!? If you ask me it doesn’t add up or is it due to people in Minnesota have a hard time with numbers greater then 20 (fingers and toes).


sugerfunk
Comment posted March 3, 2009 @ 1:47 am

Mr. Coleman never had a lead of 1200 votes at any point in time. If you check the Minnesota election returns, at http://electionresults.sos.state.mn.us/20081104/ElecRslts.asp?M=S&R=all&P=A&Races=%27%27 you’ll see quite clearly that the initial tally was:
1211590 Coleman – 1211375 Franken for a total Coleman lead of 215.

After the recount, the new totals were:
1212431 Franken – 1212206 Coleman for a total Franken lead of 225.

The recount was conducted fairly and transparently by a bipartisan State Canvassing Board (2 Republicans, 2 Independents and 1 Democrat) and the results are clear. Franken gained a total of 1056 votes and Coleman gained a total of 616 votes in the recount. The entire process was live broadcast over the Web. At no point was anything hidden.

Get your facts straight and cite your sources, especially if you are going to make ridiculous claims.


Mike
Comment posted March 3, 2009 @ 6:41 am

Re: Count Crash

It’s easy to be mislead about the change in vote numbers if you are not paying attentions to the details. The discrepancy arises since the initial tally was a machine rather than hand count, and the required percentage precision required in was well above that possible with a machine count.

In others words, it would be highly unlikely if a machine count were to match a hand . The deviation is in the expected range. To give a homely example, it’s the difference between measuring with a ruler or a micrometer. As far as the error changing the election results, that was always a near 50-50 proposition. I believe some people (Republicans?) felt voters were slightly more likely to produce a machine readable copy.

To give a homey example: I went to the store Saturday and purchased among other items, three pounds of onions for what was supposed to be $1.99. The machine scanned $2.99 because the sale price had not been entered. If you pay attention you will find that this is happens all the time.. On sale for half off? Better check the receipt and be prepared to argue. So this is practical advice that will save you money.

Is there any reason to believe an election with machine read votes is any different? In fact I think the elections are important enough to say, “Throw out the machines, do it by hand.” In practice that will mean four people for each ballot, two observers and two election workers. So what if the machines are cheaper? That way the questions never arises in the first place. The initial tally is accurate. The election dispute would never arise in the first place if the first tally is done carefully. So what if it takes a little longer?

So I think anybody who goes shopping and checks the receipt can grasp the concept of double checking by hand, even if you are not as fast as a machine. I do my shopping like Minnesota does its elections. I double check, and that has saved me quite a bit of money over the years.


JRudy
Comment posted March 3, 2009 @ 7:57 am

I don’t know where you got you numbers. Coleman’s lead before the recount was 219. The recount was done entirely open to the public eye. The numbers added up just fine. Both Franken and Coleman gained votes during the recount.


Mary Turck
Pingback posted March 3, 2009 @ 10:14 am

[...] asks for new election At the end of five weeks of testimony, reports MN Independent, Norm Coleman’s side concluded that they want a new election. That’s one clear signal [...]


darkmark
Comment posted March 3, 2009 @ 10:58 am

coleman says i have a 215 vote lead i win. coleman says franken has a 225 vote lead we need a new election. coleman seems to be a tails i win heads you loose kinda guy. he is a republican. just what MN needs in the us senate.


Lazercat
Comment posted March 10, 2009 @ 10:20 pm

“The tactics of the Israel Lobby plumb the depths of dishonor and indecency and include character assassination, selective misquotation, the willful distortion of the record, the fabrication of falsehoods, and an utter disregard for the truth. The aim of this Lobby is control of the policy process through the exercise of a veto over the appointment of people who dispute the wisdom of its views, the substitution of political correctness for analysis, and the exclusion of any and all options for decision by Americans and our government other than those that it favors.”–Chas Freeman

And you thought I made up that whole thing about the zionists starting the Iraq war.

And guess who is the new spokesman for this PAC of evildooers? Why it’s ex-bush bootlicker Norm Coleman


Lazercat
Comment posted March 10, 2009 @ 10:21 pm

Coleman has links to the ruling linkud party and is representing their hawkish views. Our kids are dying because of foriegn intervention in our Government at the highest levels.

“There is a special irony in having been accused of improper regard for the opinions of foreign governments and societies by a group so clearly intent on enforcing adherence to the policies of a foreign government – in this case, the government of Israel.”–Chas Freeman


RSS feed for comments on this post.

Sorry, the comment form is closed at this time.