<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	
	xmlns:georss="http://www.georss.org/georss"
	xmlns:geo="http://www.w3.org/2003/01/geo/wgs84_pos#"
	
	>
<channel>
	<title>
	Comments on: Coleman is filing a law suit related to the Minnesota senatorial race.	</title>
	<atom:link href="https://gregladen.com/blog/2009/01/06/coleman-is-filing-a-law-suit-r/feed/" rel="self" type="application/rss+xml" />
	<link>https://gregladen.com/blog/2009/01/06/coleman-is-filing-a-law-suit-r/</link>
	<description></description>
	<lastBuildDate>Wed, 07 Jan 2009 07:31:22 +0000</lastBuildDate>
	<sy:updatePeriod>
	hourly	</sy:updatePeriod>
	<sy:updateFrequency>
	1	</sy:updateFrequency>
	<generator>https://wordpress.org/?v=6.4.8</generator>
	<item>
		<title>
		By: Greg Laden		</title>
		<link>https://gregladen.com/blog/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529294</link>

		<dc:creator><![CDATA[Greg Laden]]></dc:creator>
		<pubDate>Wed, 07 Jan 2009 07:31:22 +0000</pubDate>
		<guid isPermaLink="false">http://scienceblogs.com/gregladen/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529294</guid>

					<description><![CDATA[There is a perfectly logical explanation for this.  Coming soon.  ]]></description>
			<content:encoded><![CDATA[<p>There is a perfectly logical explanation for this.  Coming soon.  </p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Beowulff		</title>
		<link>https://gregladen.com/blog/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529293</link>

		<dc:creator><![CDATA[Beowulff]]></dc:creator>
		<pubDate>Wed, 07 Jan 2009 07:29:58 +0000</pubDate>
		<guid isPermaLink="false">http://scienceblogs.com/gregladen/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529293</guid>

					<description><![CDATA[Do I get this right? Is Coleman now going to argue in court that he wants certain absentee ballots looked at, while he tried to stop the recount of all absentee ballots in an earlier court case? I&#039;m confused.]]></description>
			<content:encoded><![CDATA[<p>Do I get this right? Is Coleman now going to argue in court that he wants certain absentee ballots looked at, while he tried to stop the recount of all absentee ballots in an earlier court case? I&#8217;m confused.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Ana		</title>
		<link>https://gregladen.com/blog/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529292</link>

		<dc:creator><![CDATA[Ana]]></dc:creator>
		<pubDate>Wed, 07 Jan 2009 02:55:17 +0000</pubDate>
		<guid isPermaLink="false">http://scienceblogs.com/gregladen/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529292</guid>

					<description><![CDATA[Greg: Are you talking about Exhibits B-1 (absentees not opened) and B-2 (absentees opened and counted)?  Yes, there are &quot;identifying marks&quot;, but you can&#039;t really get around that on an absentee ballot; I&#039;m pretty sure that rule only applies to ballots cast at polling places.  Listed in exhibit B-1 (those marked as &quot;accepted&quot;, those not marked as &quot;accepted&quot; or &quot;rejected&quot;, those with &quot;judge error&quot; (according to Coleman), and those delivered to the wrong precinct) are &quot;representative examples&quot; and I&#039;m not sure if that means he wants all those listed counted, or if he wants only others like them counted.  In any case, yes, they are selected ballots expected to favor Coleman.  Franken also would have liked to include more rejected absentees, which may have favored him, in the Recount.  In Exhibit B-2, &quot;representative examples&quot; of ballots opened and counted do include a couple that do not bear witness signatures.  I suspect Knack will argue the &quot;inconsistency&quot;, but I&#039;m not sure how that argument will fare given that decisions over which ballots to include in the recount and those to reject again were made with guidance from the SCOMN.  Then again, the Court did make clear in their ruling that an election contest would be the appropriate time for such consideration.  It is absolutely possible that a panel of judges could order a Recount-recount.

Another thing I found interesting in going through the Exhibits was that of the 22 precincts named as places where &quot;double-counting&quot; occured, 17 of them are in Minneapolis, 3 in St. Louis County (Duluth), and 1 in Dakota County (Saint Paul) - quite &quot;Blue&quot; areas.  Also, you might remember how Trimble and Knack went on and on at the SCOMN hearing on the petition of &quot;double counting&quot; that Cindy Reichert had issued statements that such had definitely occurred in Mpls.; they had no &quot;evidence&quot;, but made the claim enough to make me wonder what she had told them. Well, it seems she told them nothing.  Included in the exhibits here are a number of news accounts (AP, Pioneer Press, TwinCities.com, AP again, Star Tribune) of her original surmise, in an attempt to explain the missing 133, that there may have been double-counting of write-in ballots in precinct 3-1.  This was not her conclusion, of course, as it was soon thereafter understood that an entire envelope was missing and totals from Election night were used in the Recount.]]></description>
			<content:encoded><![CDATA[<p>Greg: Are you talking about Exhibits B-1 (absentees not opened) and B-2 (absentees opened and counted)?  Yes, there are &#8220;identifying marks&#8221;, but you can&#8217;t really get around that on an absentee ballot; I&#8217;m pretty sure that rule only applies to ballots cast at polling places.  Listed in exhibit B-1 (those marked as &#8220;accepted&#8221;, those not marked as &#8220;accepted&#8221; or &#8220;rejected&#8221;, those with &#8220;judge error&#8221; (according to Coleman), and those delivered to the wrong precinct) are &#8220;representative examples&#8221; and I&#8217;m not sure if that means he wants all those listed counted, or if he wants only others like them counted.  In any case, yes, they are selected ballots expected to favor Coleman.  Franken also would have liked to include more rejected absentees, which may have favored him, in the Recount.  In Exhibit B-2, &#8220;representative examples&#8221; of ballots opened and counted do include a couple that do not bear witness signatures.  I suspect Knack will argue the &#8220;inconsistency&#8221;, but I&#8217;m not sure how that argument will fare given that decisions over which ballots to include in the recount and those to reject again were made with guidance from the SCOMN.  Then again, the Court did make clear in their ruling that an election contest would be the appropriate time for such consideration.  It is absolutely possible that a panel of judges could order a Recount-recount.</p>
<p>Another thing I found interesting in going through the Exhibits was that of the 22 precincts named as places where &#8220;double-counting&#8221; occured, 17 of them are in Minneapolis, 3 in St. Louis County (Duluth), and 1 in Dakota County (Saint Paul) &#8211; quite &#8220;Blue&#8221; areas.  Also, you might remember how Trimble and Knack went on and on at the SCOMN hearing on the petition of &#8220;double counting&#8221; that Cindy Reichert had issued statements that such had definitely occurred in Mpls.; they had no &#8220;evidence&#8221;, but made the claim enough to make me wonder what she had told them. Well, it seems she told them nothing.  Included in the exhibits here are a number of news accounts (AP, Pioneer Press, TwinCities.com, AP again, Star Tribune) of her original surmise, in an attempt to explain the missing 133, that there may have been double-counting of write-in ballots in precinct 3-1.  This was not her conclusion, of course, as it was soon thereafter understood that an entire envelope was missing and totals from Election night were used in the Recount.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Pyre		</title>
		<link>https://gregladen.com/blog/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529291</link>

		<dc:creator><![CDATA[Pyre]]></dc:creator>
		<pubDate>Wed, 07 Jan 2009 00:28:07 +0000</pubDate>
		<guid isPermaLink="false">http://scienceblogs.com/gregladen/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529291</guid>

					<description><![CDATA[Greg: I think the risks would outweigh the benefits. If just one or a few of those voters were to come forward saying they&#039;d been asked how they voted before the Coleman campaign picked its preferred ballots, the fallout would be deadly. Better not to ask, and count on the list-checking to give you a high percentage of the votes in those ballots. (Besides, getting 100% of them would strain public credulity.)]]></description>
			<content:encoded><![CDATA[<p>Greg: I think the risks would outweigh the benefits. If just one or a few of those voters were to come forward saying they&#8217;d been asked how they voted before the Coleman campaign picked its preferred ballots, the fallout would be deadly. Better not to ask, and count on the list-checking to give you a high percentage of the votes in those ballots. (Besides, getting 100% of them would strain public credulity.)</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Greg Laden		</title>
		<link>https://gregladen.com/blog/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529290</link>

		<dc:creator><![CDATA[Greg Laden]]></dc:creator>
		<pubDate>Wed, 07 Jan 2009 00:00:59 +0000</pubDate>
		<guid isPermaLink="false">http://scienceblogs.com/gregladen/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529290</guid>

					<description><![CDATA[Pyre.  Well, we know that they did that for sure.  I was wondering if they went beyond that.  

]]></description>
			<content:encoded><![CDATA[<p>Pyre.  Well, we know that they did that for sure.  I was wondering if they went beyond that.  </p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Pyre		</title>
		<link>https://gregladen.com/blog/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529289</link>

		<dc:creator><![CDATA[Pyre]]></dc:creator>
		<pubDate>Tue, 06 Jan 2009 23:42:56 +0000</pubDate>
		<guid isPermaLink="false">http://scienceblogs.com/gregladen/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529289</guid>

					<description><![CDATA[Greg: Why would they need to contact the voters? They only need to compare the names on the envelope to party registration lists, campaign donor lists, etc. Then they have a strong likelihood of guessing correctly the way the ballots were cast.]]></description>
			<content:encoded><![CDATA[<p>Greg: Why would they need to contact the voters? They only need to compare the names on the envelope to party registration lists, campaign donor lists, etc. Then they have a strong likelihood of guessing correctly the way the ballots were cast.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Greg Laden		</title>
		<link>https://gregladen.com/blog/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529288</link>

		<dc:creator><![CDATA[Greg Laden]]></dc:creator>
		<pubDate>Tue, 06 Jan 2009 22:15:01 +0000</pubDate>
		<guid isPermaLink="false">http://scienceblogs.com/gregladen/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529288</guid>

					<description><![CDATA[The document seems to include copies of the absentee ballots they want counted.  How do we know that they have not contacted those individuals a priori?  Is it not the case that these are now identified ballots?  ]]></description>
			<content:encoded><![CDATA[<p>The document seems to include copies of the absentee ballots they want counted.  How do we know that they have not contacted those individuals a priori?  Is it not the case that these are now identified ballots?  </p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Stephanie Z		</title>
		<link>https://gregladen.com/blog/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529287</link>

		<dc:creator><![CDATA[Stephanie Z]]></dc:creator>
		<pubDate>Tue, 06 Jan 2009 22:11:10 +0000</pubDate>
		<guid isPermaLink="false">http://scienceblogs.com/gregladen/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529287</guid>

					<description><![CDATA[Well, I&#039;m sure the lack of lunch breaks will endear them to all involved.]]></description>
			<content:encoded><![CDATA[<p>Well, I&#8217;m sure the lack of lunch breaks will endear them to all involved.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Ana		</title>
		<link>https://gregladen.com/blog/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529286</link>

		<dc:creator><![CDATA[Ana]]></dc:creator>
		<pubDate>Tue, 06 Jan 2009 22:02:36 +0000</pubDate>
		<guid isPermaLink="false">http://scienceblogs.com/gregladen/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529286</guid>

					<description><![CDATA[The also want rubber stamps and adding machines.

And NO LUNCH BREAKS during the recount recount!]]></description>
			<content:encoded><![CDATA[<p>The also want rubber stamps and adding machines.</p>
<p>And NO LUNCH BREAKS during the recount recount!</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Ana		</title>
		<link>https://gregladen.com/blog/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529285</link>

		<dc:creator><![CDATA[Ana]]></dc:creator>
		<pubDate>Tue, 06 Jan 2009 21:56:03 +0000</pubDate>
		<guid isPermaLink="false">http://scienceblogs.com/gregladen/2009/01/06/coleman-is-filing-a-law-suit-r/#comment-529285</guid>

					<description><![CDATA[Highlights from the Notice of Contest:

My favorite part of this document is a paragraph that&#039;s inserted strangely in the middle of the list of &quot;numerous and material errors, mistakes and other irregularities&quot; around which the Coleman camp is in Court.  It reads:

&quot;Contestant Norm Coleman received the largest number of votes legally cast for the office of United States Senator from the State of Minnesota, Contestant Norm Coleman is entitles to the Certificate of Election and Contestee Al Franken is not entitles to the Certificate of Election for the office of United States Senator from the State of Minnesota.&quot;

Precious.

Because of 18 or so of these assertions of &quot;irregularities&quot;, the motion claims:

&quot;...the number of votes validly cast for Contestant Norm Coleman during the General Election was materially greater than the number of Ballots certified for Contestant Norm Coleman by the Board, and a material number of Ballots were wrongfully and erroneously certified by the Board in favor of Contestee Al Franken.  But for the existence of the above-described irregularities, mistakes and violations of law during the General Election and/or Recount, Contestant Norm Coleman would have been certified by the Board as having received the highest number of validly-cast votes for said office in the General Election and declared by the Board entitled to receive the Certificate of Election.&quot;

So that&#039;s their argument.  If they had done the counting, Norm would have won.  Their charge of &quot;irregularities&quot; goes far and wide: in the &quot;conduct&quot; of the General Election, in the &quot;counting, tallying, recording, adding, returning and canvassing&quot; of Ballots, in the recanvass after the Election, in the Recount - including in rules and procedures adopted by the Board, in the absentees already litigated over (&quot;by way of example only&quot;), the duplicates (&quot;on information and belief&quot; that they exist), in the addition of &quot;found&quot; ballots during the Recount, in the addition of &quot;missing&quot; ballots (Mpls.), in erroniously opened absentee ballots, in erroniously counted absentees, in challenged ballots that were &quot;erroniously and inconsistently rejected&quot; and &quot;counted and tallied&quot; by the Board, in &quot;illegally cast and counted votes for Franken&quot;, and then with the thing about the judges initials on ballots.

Both the Board and the local canvassing boards &quot;failed to detect and correct obvious errors&quot;, they say.

They are asking, in order to &quot;properly prepare their case for trial&quot;, to be allowed to inspect Ballots and Election Materials &quot;without limitation&quot;, and that the Court order a recount of specified precincts.

They ask for a stay issuance on the Certificate, a panel for hearing, appointment of ballot inspectors, a recount of &quot;lawfully cast&quot; ballots, an amendment of the certified vote totals, and to declare that Norm is the winner, and to pay his fees and give him any further &quot;relief as permitted&quot; by law.

More later...]]></description>
			<content:encoded><![CDATA[<p>Highlights from the Notice of Contest:</p>
<p>My favorite part of this document is a paragraph that&#8217;s inserted strangely in the middle of the list of &#8220;numerous and material errors, mistakes and other irregularities&#8221; around which the Coleman camp is in Court.  It reads:</p>
<p>&#8220;Contestant Norm Coleman received the largest number of votes legally cast for the office of United States Senator from the State of Minnesota, Contestant Norm Coleman is entitles to the Certificate of Election and Contestee Al Franken is not entitles to the Certificate of Election for the office of United States Senator from the State of Minnesota.&#8221;</p>
<p>Precious.</p>
<p>Because of 18 or so of these assertions of &#8220;irregularities&#8221;, the motion claims:</p>
<p>&#8220;&#8230;the number of votes validly cast for Contestant Norm Coleman during the General Election was materially greater than the number of Ballots certified for Contestant Norm Coleman by the Board, and a material number of Ballots were wrongfully and erroneously certified by the Board in favor of Contestee Al Franken.  But for the existence of the above-described irregularities, mistakes and violations of law during the General Election and/or Recount, Contestant Norm Coleman would have been certified by the Board as having received the highest number of validly-cast votes for said office in the General Election and declared by the Board entitled to receive the Certificate of Election.&#8221;</p>
<p>So that&#8217;s their argument.  If they had done the counting, Norm would have won.  Their charge of &#8220;irregularities&#8221; goes far and wide: in the &#8220;conduct&#8221; of the General Election, in the &#8220;counting, tallying, recording, adding, returning and canvassing&#8221; of Ballots, in the recanvass after the Election, in the Recount &#8211; including in rules and procedures adopted by the Board, in the absentees already litigated over (&#8220;by way of example only&#8221;), the duplicates (&#8220;on information and belief&#8221; that they exist), in the addition of &#8220;found&#8221; ballots during the Recount, in the addition of &#8220;missing&#8221; ballots (Mpls.), in erroniously opened absentee ballots, in erroniously counted absentees, in challenged ballots that were &#8220;erroniously and inconsistently rejected&#8221; and &#8220;counted and tallied&#8221; by the Board, in &#8220;illegally cast and counted votes for Franken&#8221;, and then with the thing about the judges initials on ballots.</p>
<p>Both the Board and the local canvassing boards &#8220;failed to detect and correct obvious errors&#8221;, they say.</p>
<p>They are asking, in order to &#8220;properly prepare their case for trial&#8221;, to be allowed to inspect Ballots and Election Materials &#8220;without limitation&#8221;, and that the Court order a recount of specified precincts.</p>
<p>They ask for a stay issuance on the Certificate, a panel for hearing, appointment of ballot inspectors, a recount of &#8220;lawfully cast&#8221; ballots, an amendment of the certified vote totals, and to declare that Norm is the winner, and to pay his fees and give him any further &#8220;relief as permitted&#8221; by law.</p>
<p>More later&#8230;</p>
]]></content:encoded>
		
			</item>
	</channel>
</rss>
