Emmer team: Frivolous challenges could reach 8,700

By Thursday evening, 93 percent of ballots had been counted in the Minnesota gubernatorial recount, but the State Canvassing Board will meet on Friday to deal with thousands of frivolous ballot challenges made by the team of Republican Tom Emmer, whose lawyer said the number could reach 8,700 by 2 pm today. Dayton’s team withdrew all its frivolous challenges and in a letter to the canvassing board chastised Emmer.Emmer’s frivolous challenges are included in the recount total unlike legitimate challenges, which are set aside for review by the canvassing board.

Meanwhile, the Dayton team announced on Thursday that it is rescinding all frivolous challenges, 42 in all. And in a letter to the canvassing board by Dayton attorney Marc Elias, the campaign accused the Emmer camp of trying to disrupt the recount process.

“This pattern of frivolous challenges by the Emmer campaign is inconsistent with Minnesota law,” wrote Elias. “It is disrespectful of the process and of thousand of Minnesota voters. I respectfully ask the Board to put an end to this irresponsible conduct, bring the recount to an orderly conclusion, and certify the results of this election.”

But on Thursday the Emmer team ramped up its efforts to frivolously challenge ballots. A reporter asked Emmer lawyer Tony Trimble if the canvassing board should look at a small number of ballots even if they didn’t have the 8,770 is would take to overcome DFLer Mark Dayton’s lead.  Trimble said they would get there. The UpTake has video of Trimble’s statements to the press on Thursday.

“The canvassing board would obviously perform its role,” he said. “There will be a large number of ballots. It’s too early to predict how many there will be, but I’m quite confident we’ll have a significant number of ballots, more than the number to make this a substantive review by the canvassing board.”

A reporter asked, “Did you just predict that the canvassing board would get more than 8,770 challenges?”

Trimble replied, “That would be my prediction, of course. That’s why we’re here.”

Another reporter asked, “That means the pace of challenges is going to have pick up significantly.”

“That could happen,” Trimble replied.

He added that politics play a role in the recount process. “Let’s be frank: This is also a political process. So, there’s going to be some of that gamesmanship around. Just like a campaign is a political process. This is an extension of that. It’s for the seating of a governor. So there will be huge emotions, huge efforts expended on each side. Let’s let it play out fairly, cleanly, above board and then we can make decisions.”

Tony Sutton, chair of the Republican Party of Minnesota, told the Star Tribune that the party disagrees with the Dayton letter. “We not doing anything but exercising our right to make sure people are enfranchised, to make sure every vote counts,” Sutton said. “I’m dismayed that Mr. Elias would want to keep every vote from counting. That’s not Minnesota way.”

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