You never throw the ballots out, only the challenges.

(That depends on what is meant by “throwing out” I suppose .. a vote for The Lizzard People is a vote that is irrelevant becuase that is neither Dayton nor Emmer. But if there is a bit of fly poop next to the bubble for Emmer, the Emmer represenative may challenge the placement of the ballot in the “OTher” pile and ask that it be placed in the “Emmer” pile. That is a challenge. It will be placed in the “Challenged By Emmer” pile and the canvassing board will later look at that ballot to see if it is really an Emmer ballot.

Under the current system, however, the county worker at the counting table can say, when the Emmer person says “I challenge this ballot and I believe it is a vote for Emmer” or whatever the official verbiage is, “I do not accept this challenge as non-frivolous. That, sir, is a frivolous challenge!” and place the ballot in the “Frivolous Emmer Challenge” pile where it will be ignored by the canvassing board as though there had not been a challenge.

I am confused about frivolous ballots and frivolous challenges as you mention them.

It seems that there are “frivolously challenged” ballots that should be counted as any other ballot, and then there are “frivolous” ballots, which sound like ones that shouldn’t be counted because the challenge is not frivolous.

A poll watcher challenges a ballot. Someone at the polling site say, “That’s a bogus.” A bogus what, please? A bogus challenge?

Then I’m confused about the court that reviews the review of the review. If the court says that the ballot is frivolous, it makes sense to throw it out (not count it). But if when you say “frivolous ballots” you mean frivolously challenged ballots, then it doesn’t make sense to through them out.