by T.W. Budig
ECM Capitol reporter

Former U.S. senator Norm Coleman grabbed a coaster off the table, not to place under a drink but to illustrate a ballot.

And then he grabbed another and another in depicting the activities of an election judge the night of Nov. 4, 2008.

"We're not talking about a mistake. We're not talking about a random error,” said Coleman to the ECM Editorial Board on Friday, April 24), laying out the case his campaign will take to the Minnesota Supreme Court on June 1.

As the his legal team has done for months, Coleman argued a lack of uniformity across the state in regard to counting absentee ballots — one ballot being accepted here, another in under similar circumstances being rejected there — betrays a basic flaw.

At least 4,400 rejected absentee ballots should be counted, Coleman argued.

Former U.S. senator Norm Coleman appeared before the ECM Editorial Board on Friday (April 24) to discuss the months-long U.S. Senate contest. The political drama will shift to the Minnesota Supreme Court in June when the Coleman campaign's appeal of a recent three-judge panel's verdict showing Democrat Al Franken the winner of the election will be heard. (Photo by T.W. Budig, ECM Capitol Reporter)

"(They) did it wrong in their area, but had they lived elsewhere, they wouldn't' have had a problem,” he said of these voters.

"And that's the essence of the case,” said Coleman. It's not a lack of training among local election officials. It's more of a question of a difference in attitude, Coleman explained.

Equal protection under the law

And this, he opined, brings up the fundamental question of equal protection under the law.

Coleman is "fairly confident” the Minnesota Supreme Court will see the merits of the argument.

On a personal level, he talks about taking things one step at a time. "I'm doing fine — I can't say great,” Coleman said with a laugh last Friday. It's tough when things go on and on,  explained the Republican.

"We're in uncharted waters,” he said of the drawn out contest with Democrat Al Franken.

"No matter who wins the race, there's always going to be a cloud hanging over them — did they really get more votes than the other guy,” said Coleman.

"That's a reality. And there's nothing you can do to change that,” he said.

Glancing back at the election, at a time when colored leaves were spilling from trees, Coleman his campaign was confident going into Election Day — even afterwards, at first, Coleman explained.

But then his narrow lead began to shrink.

"At that point I realized this thing was not going to get down soon,” he said.

He could win at the state supreme court, Coleman acknowledged, and still lose the election.

"We think we should be able to overcome a 300-vote difference with what is left,” he said.

A 312-vote margin separates Franken from Coleman.

Although a recent Star Tribune poll found almost two-thirds of Minnesotans believe Coleman should accept the three-judge panel verdict that Franken won the U.S. Senate race, Coleman on Friday said he believes the attitude among Minnesotan is, "‘Get it right.'”

Not a popularity contest

A Coleman campaign spokesman on Monday April 27 said that the rights of 4,400 Minnesotan to have their votes counted is not a popularity contest.

Coleman dismisses the idea, heard from Democrats, that his campaign's legal wranglings have more to do with national Republican Party national fortunes than judicial merit in Minnesota.

"This idea that there's some national movement out there delaying some things for the sake of delay — I think that's a lot of blog talk,”  said Coleman.

Meaningless blog talk, he stressed.

University of Minnesota Humphrey Institute Political Science Professor Larry Jacobs last week opined that Coleman's U.S. Senate race challenges have been beneficial to the state.

"Yes,” said Jacobs in an e-mail.

"Coleman has done the state and our democracy a service by vigorously pressing the (State) Canvassing Board and courts to address important issues,” he said.

"The result will give legitimacy to whoever wins,” he said.

State sets high standard

Although the delays have been irritating, the state has set a high standard on how to fairly handle a contest without partisan fighting, Jacobs opined.

"Note that nearly every decision by
the canvassing board and the District Court has been unanimous,” he said.

Coleman hopes, he said, that when the supreme court reaches its conclusion "we'll know who won the election.”

People will rest easier if all the votes are counted, Coleman contends. "It's not going to be restful sleep, but we'll sleep easier,” said Coleman.

Franken campaign spokesman Andy Barr said Franken believes what recent polls have indicated — that a majority of Minnesotans believe the state's election system is sound and Franken got more votes than Coleman.

"Now he (Franken) is focused on upholding the Minnesota tradition of public service and preparing for the work he has been elected to do for the people of this state,” said Barr.