The Minnesota State Canvassing Board today (Wednesday, Nov. 26) nixed a
request from the Franken for Senate campaign that rejected absentee
ballots about 12,000 existing statewide, it was estimated be
included in the U.S. Senate recount.
The Franken campaign has offered examples of absentee ballots being wrongly rejected by local election officials.
The State Canvassing Board today (Nov. 26) voted to rejected a request from the Franken for Senate campaign to include rejected absentee ballots in the U.S Senate recount. Still, several board members strongly expressed concerns over the possibility that wrongly rejected absentee ballots might not get counted. At one point during the board meeting Minnesota Supreme Court Associate Justice Barry G. Anderson and Secretary of State Mark Ritchie adopted the same thoughtful pose. (Photo by T.W. Budig, ECM Capitol Reporter)
by T.W. Budig
ECM Capitol reporter
The Minnesota State Canvassing Board today (Wednesday, Nov. 26) nixed a request from the Franken for Senate campaign that rejected absentee ballots about 12,000 existing statewide, it was estimated be included in the U.S. Senate recount.
The Franken campaign has offered examples of absentee ballots being wrongly rejected by local election officials.
But Minnesota Supreme Court Associate Justice G. Barry Anderson motioned the request be rejected, argued there was no historical examples nor applicable legal precedent suggesting the board could make such a ruling.
Anderson's opinion was backed by fellow canvassing board member Minnesota Supreme Court Chief Justice Eric Magnuson.
"It simply is not a function we're charged with or equipped to do, he opined.
Ritchie, Anderson, and the rest of the board signed-off on three local recounts in House District 12A, House District 16A, and Senate District 16. In these recounts Rep. Al Doty, DFL-Royalton, DFLer Gail Kulick Jackson, and Lisa Fobbe were certified winners, respectively.
But while Second Judicial District Court Judge Edward Cleary said the canvassing board was not a court room, the board member also opined that absentee ballots wrongly rejected by election officials should be opened.
Respect for the voters
Indeed, Second Judicial Court Judge Kathleen Gearin explained the reason the board was taking such time to review the question of absentee ballots was out of respect for the voters.
"It would be absurd to argue against that, board member Gearin said of not counting legitimate ballots.
Secretary of State Mark Ritchie suggested that up to a 1,000 of the estimated 12,000 rejected absentee ballots could fall into "a fifth pile, ballots wrongly rejected possibly fit to counted.
But Ritchie after the board meeting backed away from the number, saying no one really knows how many improperly rejected absentee ballots there are.
The board requested a legal opinion from the Minnesota Attorney General's Office on the legalities surrounding improperly rejected ballots.
Ritchie indicated his office would be contacting local election officials to discussion ballot review procedures.
He also indicated the canvassing board would meet again to further discuss the U.S. Senate recount.
Miniscule number
Coleman for Senate attorney Fritz Knaak after the board meeting suggested the number of wrongly rejected ballots would be tiny maybe a dozen, he said. "It's really a miniscule number, said Knaak.
And whatever the number, they'd break both ways in terms of votes, he opined. "We're pleased with the (board) decision, he said, adding it was one the campaign was expecting.
As for wrongly rejected absentee ballots, they should be counted, Knaak opined.
Franken for Senate lead election attorney Marc Elias after the board meeting said the campaign does not intent to challenge the board's decision but he took no potential legal action off the table.
Prior to the board meeting, Coleman for Senate attorney Fritz Knaak, left, briefly met with Franken for Senate attorney Marc Elias, right, in the State Office Building conference room.
"We are not appealing today, he said.
Elias expressed disappointment over the board's vote but was encouraged by the board's intentions to keep discussions going. "The Board's consensus only strengthens our resolve, he said.
One issue the board expressed concern about was the number of challenged ballots.
Sherburne County Deputy Administrator Luci Botzek told the board that her county had had about 800 ballots challenged by the Coleman and Franken campaigns with some 15,000 ballots yet to be recounted.
They'll get done, said Botzek, but all those challenged ballots take time, she noted afterward.
Thoughtful approach urged
Magnuson expressed hope that the two campaigns would take a "thoughtful approach to challenging ballots.
He would be "disappointed if the campaigns failed to work out the issue with the Secretary of State Office, Magnuson said.
Knaak indicated that he would contact the Franken campaign to discuss challenges.
Whether or not he met with Coleman campaign officials, said Elias, the Franken campaign intended to reduce the number of its challenged ballots.
Elias indicated it was a lack of time that had kept them from beginning the culling already.
(Photos by T.W. Budig, ECM Capitol Reporter)
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