Thread: MN Franken's motion to dismiss recount suit rejected

Franken's motion to dismiss recount suit rejected
By PATRICK CONDON – 12 hours ago

ST. PAUL, Minn. (AP) — A three-judge panel in Minnesota's contested Senate election has denied Democrat Al Franken's motion to dismiss his opponent's recount lawsuit, clearing the path for the trial to start next week.

The judges rejected Franken's argument on Thursday that their review should be confined to determining if the recount was mathematically correct, saying the court has jurisdiction to determine whether votes were legally cast.

Republican Norm Coleman is suing over a recount that ended with Franken up by 225 votes. Coleman's lawsuit alleges that it's an artificial lead based on the double-counting of some ballots and other inconsistencies in some precincts.

The judges did not validate those allegations in refusing to dismiss the case, saying: "It is immaterial whether or not the plaintiff can prove the facts alleged."

Coleman's attorney, Ben Ginsberg, called the decision a "stinging defeat" for Franken.

"We look forward to the trial commencing on Monday," Franken's attorney, Marc Elias, said in a statement.

The judges denied a request by Coleman's lawyers to order counties to ship about 12,000 rejected absentee ballots to the court so that they could be quickly accessible once the court decides whether they should be counted. No explanation was given for the rejection.

Coleman on Thursday also asked the three judges to order inspectors into 86 Minnesota precincts where his lawyers believe there were irregularities in the vote count.

The inspectors would "go to those precincts where there are still questions and try to settle them," said Ginsberg. One inspector would represent Coleman, another Franken and the last would be neutral. Unsettled disputes would presumably be forwarded for consideration in the election trial.

Coleman's attorneys said if the judges rule on the motion by the end of Thursday, there would be time for the inspections to occur before Monday. The judges did not make a decision Thursday, but they were expected to meet again Friday.

Elias argued it would be difficult to accomplish what Coleman wants before the trial starts. Even if it could, Elias said, state law doesn't allow for the process Coleman proposed. He said Coleman's proposal amounts to an end run around the state Canvassing Board and the process it set for determining whether votes were legally cast.

"How can it be that we're going to count these precincts under a new rule when we already counted 4,000 precincts under a different standard?" Elias asked.

Judge Elizabeth Hayden, a member of the three-judge panel, also questioned the need for inspectors in light of the hundreds of hours that went into the recount and the state Canvassing Board's effort.

"So that all becomes moot?" she asked. "We start over and ballots can be accepted or rejected by different criteria?"

Franken has asked the Minnesota Supreme Court to order that he get an election certificate before the resolution of the trial. On Wednesday, Senate Majority Leader Harry Reid said Democrats would try to seat Franken but didn't say when, and on Thursday his spokesman said Senate Democrats may not make any such move for a few weeks.

As Coleman awaits resolution of the trial, he landed a new job. The Republican Jewish Coalition announced that he had agreed to join the group as a consultant and strategic adviser. Executive director Matt Brooks said Coleman would advise the 40,000-member group on policy, help with recruiting and deliver speeches around the country. Brooks said he wouldn't lobby for them. He declined to say how much Coleman would be paid.

Coleman expects his work with the group to be temporary and is still confident of prevailing in the election lawsuit, his spokesman Mark Drake said.

Associated Press

Do not forget the element of Motor Voter fraud out of the total number of voters in Minnesota more than 225 are likely to be non citizen.

Originally Posted by Richard

Do not forget the element of Motor Voter fraud out of the total number of voters in Minnesota more than 225 are likely to be non citizen.

Unfortunately, no one seems to be much interested in the incidence of voter fraud Richard.

As long as it comes down on the side of what the Demoncrats want to happen, it's all just okie-dokie and everyone is willing to just let it go.

Originally Posted by azwreath

Originally Posted by Richard

Do not forget the element of Motor Voter fraud out of the total number of voters in Minnesota more than 225 are likely to be non citizen.

Unfortunately, no one seems to be much interested in the incidence of voter fraud Richard.

As long as it comes down on the side of what the Demoncrats want to happen, it's all just okie-dokie and everyone is willing to just let it go.

Yes I am afraid that you are right Azwreath!

Originally Posted by Richard

Do not forget the element of Motor Voter fraud out of the total number of voters in Minnesota more than 225 are likely to be non citizen.

Exactly! There needs to be an investigation. I like Franken when he was on SNL, but he does not belong in politics. He is so far to left he makes me look like a neo-con. There is something going on here and they need to get to the bottom of it.

Originally Posted by jshhmr

Originally Posted by Richard

Do not forget the element of Motor Voter fraud out of the total number of voters in Minnesota more than 225 are likely to be non citizen.

Exactly! There needs to be an investigation. I like Franken when he was on SNL, but he does not belong in politics. He is so far to left he makes me look like a neo-con. There is something going on here and they need to get to the bottom of it.

I have not really been following this too closely until recently Jshhmr.....can you bring me up to speed on how this turned into a contested race in the first place?

Were acorn-style hijinx discovered, problems with the voting machines, etc........that brought this about?

And yes, I agree with you......Franken is perhaps better suited to the entertainment field Maybe he found himself running short on cash so figured being on the take as a senator was the quickest way to earn some extra cash

I swear, with all of the celebrities these days wanting to play politician, pretty soon we won't be able to tell the difference between awards shows and members of Congress simply arriving at work in the mornings.