Court ballot recount nets Al Franken more votes — appeal anticipated
A counting of 351 absentee ballots today (April 7) by the three-judge panel edged up Al Franken’s lead over Norm Coleman to 312 votes — Franken was at 225.
Coleman campaign attorney Ben Ginsberg indicated after this morning’s court session the recount battle will continue.
“We will be appealing this to the Minnesota Supreme Court,” said Ginsberg, speaking in the Judicial Center corridor.
Ginsberg maintained that the three-judge panel had used different criteria in culling the ballots. Had they counted the number of ballots the Coleman campaign had argued should be counted, Coleman would have picked up votes, Ginsberg argued.
The court has been wrong in its decisions, said Ginsberg.
The Coleman campaign has ten days to file an appeal after the three-judge panel renders its final decision.
But Franken campaign attorney Marc Elias, also speaking after the court session, said he wasn’t surprised by the results of the opening and counting of the ballots.
“Former senator Coleman brought a nonmeritorious lawsuit,” Elias said.
Asked about a Coleman appeal, Elias argued that though Coleman has excellent attorneys, it doesn’t change the underlining facts of the case.
“The problem former senator Coleman has is that he lost fair and square,” said Elias.