Lorie Skjerven Gildea

Every ballot tells a story. Or maybe it doesn’t. That’s the debate that attorneys for Al Franken and Norm Coleman grappled with in oral arguments this morning before the Minnesota Supreme Court in the U.S. Senate election contest. Following a seven-week trial — which featured 142 witnesses and roughly 20,000 pages of legal documents — a three-judge panel determined that Franken won the election by 312 votes.

A divided Minnesota Supreme Court ruled today that wrongly rejected absentee ballots should be counted in the U.S. Senate race. But the process ordered by the three-justice majority mandates that both campaigns must agree that a ballot was improperly invalidated if it is to be included in the final tally. The opinion was authored by Helen Meyer, with fellow justices Lorie Skjerven Gildea and Christopher Dietzen joining her in the majority. Justices Alan Page and Paul Anderson wrote strongly worded dissents, arguing that the ruling is inconsistent and inadequate for ensuring that every properly cast vote is counted.

Minnesota Supreme Court justices Eric Magnuson and G. Barry Anderson will not participate in a case involving the U.S. Senate race currently before the state’s top court. The last sentence of an order issued yesterday by the Supreme Court subtly announced this decision: “Magnuson, C.J., and Anderson, G. Barry, J., took no part in the consideration or decision of this matter.”