Minnesota Supreme Court rules on absentee ballots
The Minnesota Supreme Court ruled today (Dec. 18) that rejected absentee ballots can be opened and the votes counted, but only if local elections officials and the two U.S. Senate campaigns agree the ballots were rejected in error.
Local elections officials cannot open any previously rejected absentee ballots in the U.S. Senate recount, the court ruled, unless following the conditions set down by the court.
All amended election reports from the local elections officials must be transmitted to the State Canvassing Board by Dec. 31, the ruling states.
Associate Justice Alan Page, in a strongly worded dissent, noted that the court in its order holds that canvassing boards do not have the authority under state law to correct obvious errors made in the improper rejection of absentee ballots.
“I disagree with that narrow and contrived interpretation,” Page wrote in the dissent.
By making the acceptance of an improperly rejected ballot contingent on the candidates’ agreement, the court has abdicated its role as the defender of the fundamental right to vote, Page argued.
Additionally, Page also opined that treating legally cast absentee ballots differently — in an “arbitrary” manner — creates equal protection problems.
Associate Justice Paul Anderson also dissented from the majority opinion, arguing it misreads state election law, is internally inconsistent, and has inserted the court into a “political thicket.”
The Coleman campaign officials expressed satisfaction over the court ruling and events in the canvassing board.
“I think we’ve had a very good day here,” said Tony Trimble, Coleman campaign attorney.
“It’s (the court ruling) going to enforce some cooperation by both parities to review the absentee ballots and we’ll do what the court ordered,” said Trimble.
The Coleman campaign is not against counting votes, he said.
The ruling fulfilled a main argument the campaign made before the Minnesota Supreme Court yesterday— that challenges over the rejected absentee ballots should be settled in court, Trimble explained.
And the court has given a uniformed procedure, which they requested, he indicated.
“And we’re fine with that,” said Trimble.
Franken campaign attorney Marc Elias said the Coleman campaign has been saying that they wanted all legitimate votes counted.
“This is an opportunity for them to put their money where their mouth is,” he said.
He didn’t know, explained Elias, whether the Coleman campaign would smoothly work with Franken campaign on the rejected absentee ballots.
But no one can argue that some Minnesotans lawfully cast ballots and that their votes haven’t been counted, he said.
“I don’t think the Coleman campaign or anyone else can deny that,” said Elias.
He expressed confidence that in Al Franken’s final victory — trends in recent days have been good, he opined.
“We’re going to wind up winning this election,” said Elias.
Trimble expressed no concern over the Coleman vote lead thinning.
They expect the number to come up again during tomorrow’s canvassing board session, he explained.
Trimble gave a jaunty answer to the question whether the certification of the U.S. Senate race could be wrapped up in time — amended election reports could trickle in until Dec. 31.
And U.S. Senators will be sworn into office the first week of January.
“If we all don’t go ice fishing, I think that’s the case,” he said of a timely completion.
Today’s court order was signed by Associate Justice Helen Meyer.
Associate Justices Lorie Gildea and Christopher Dietzen voted with the majority.
Chief Justice Eric Magnuson and Associate Justice G. Barry Anderson, who serve on the State Canvassing Board, did not participate in the decision.
Meyer was appointed to the court by former Independence Party governor Jesse Ventura.
Gildea and Dietzen were appointed by Republican Gov. Tim Pawlenty.
The Secretary of State’s Office has estimated there might be as many as 1500 wrongly rejected absentee ballots statewide.
