Thursday, April 30, 2009

Coleman's Appeal Brief: Count More Of My Votes -- Or Maybe Nullify The Election

By GottaLaff

http://users.utu.fi/tihyli/kuvat/null.gif
Whatcha been smokin', Toker Norm? Take a look at what he wants the state Supreme Court to consider:
To preferably count more ballots that are presumably for Coleman, or else subtract ballots that are presumably for Franken, or declare the whole election null. [...]

In one passage, the choices are phrased succinctly.
"If the trial court's standard is the correct one," it says, "the Court would have to remand for a proportionate reduction of the vote tally on a precinct-by-precinct basis or, more likely, a determination by the trial court that on this record it cannot certify a winner."

Another choice is offered: "on the other hand, if the trial court is not free to impose its strict compliance standard ... then common law and the same constitutional guarantees dictate the remaining uncounted absentee ballots be judged by the same substantial compliance standard, meaning that on remand thousands more absentee ballots would be counted."

The brief makes clear that "Coleman urges the Court to choose the latter approach," but nullifying the election is still held out as an escape hatch of sorts.

The Franken reply brief is due by May 11.

Because allowing Minnesotans to have full Senate representation is wrong. Clearly.

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