Tom Emmer to concede in governor’s race

At his home in Delano this morning, Republican Tom Emmer is expected to concede the governor’s race. An unfavorable Minnesota Supreme Court opinion released Tuesday as well as a new poll showing a vast majority of voters want him to concede preceded the announcement.But more insurmountable for Emmer is the math: The State Canvassing Board will meet Wednesday morning to go over challenged ballots, but that number has shrunk to 181, far short of the approximately 9,000 Emmer would need to overcome Mark Dayton and win the governor’s mansion.

According to the Associated Press, Emmer will concede the governor’s race at 10:30 am Wednesday from his home in Delano.

Before Thanksgiving the Emmer team argued that all of Minnesota’s 87 counties must reconcile their ballot counts with precinct rosters rather than the standard set since 1982 of counting ballot receipts.

The Minnesota Supreme Court rejected that argument in late-November and released their opinion on the matter on Tuesday, shutting down an important legal angle for Emmer.

The justices wrote:

Because Minn. Stat. §§ 204C.20, subd. 1, and 206.86, subd. 1 (2008), use obsolete language that does not include the terms “polling place roster” or “voter’s receipts,” they do not unambiguously require local election officials to determine the number of ballots to be counted based only on the number of signatures on the polling place roster or prohibit reliance on the number of voter’s receipts.
Construing the legislative intent of the ambiguous language in Minn. Stat. §§ 204C.20, subd. 1, and 206.86, subd. 1, based on the purpose to be achieved by the statutes, the language of current and former statutes on the subject, and the longstanding administrative interpretation of the statutes, it is clear that the Legislature intended to permit reliance on either signatures on polling place rosters or voter’s receipts to determine the number of ballots to be counted.

The opposition took the court opinion as a clarion call for Emmer to concede. “It’s time to read the tea leaves: the party’s over,” said DFL Rep. Ryan Winkler of Golden Valley. “Today’s Supreme Court ruling leaves only 181 contested ballots in front of the state canvassing board, and an impossible 8,500 vote gap between Tom Emmer and the Governor’s Office.”

Winkler’s argument was boosted by a Public Policy Polling survey released on Tuesday that found a majority of Minnesotans agreeing Emmer should concede. Only 22 percent said he should continue the fight, with 68 percent saying it’s time for a concession speech.

Also on Tuesday, Emmer withdrew more ballot challenges; the count now stands at 90 challenges by Emmer and 91 challenges by Dayton. About 30 of Emmer’s challenges are considered frivolous after the campaign dropped more than 2,000 others over the last four days.

As Emmer considers his concession on Wednesday morning, the margin in the race is around 9,000 votes.