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MN Supreme Court Order Locks Coleman In On Request To Count More Absentee Ballots

I am glad someone finally said it -- Hennepin County's reply to the Coleman objection to not including certain rejected absentee ballots in the vote count:

[T]his Court [the Minnesota Supreme Court] established a uniform standard for determining which ballots could be forwarded to the Secretary of State for counting. Those ballots must be identified by local election officials as rejected in error and the campaigns must agree with that assessment. In other words, only ballots which the local officials and the two campaigns agree were rejected in error will be passed on to the Secretary of State’s Office.

(Emphasis supplied.) The Minnesota Supreme Court will have to judge its own order to be flawed in order to grant Coleman relief. Of course the initial order requiring agreement from both parties was indeed seriously flawed, as dissenting Justice Alan Page noted at the time:

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Meanwhile Back At The MN-Sen Recount . . .

The latest, via the Strib:

Hennepin County finished its review of 326 rejected absentee ballots late this morning, with the Coleman and Franken campaigns agreeing to count nearly 80 percent of them. In the state’s most populous county, 255 absentee ballots that county election officials acknowledged were mistakenly rejected were accepted by the two campaigns after a two-day, mostly-uneventful review. Seventy-four were rejected. The rejections were roughly evenly split between the two campaigns, with Franken rejecting 36 ballots, Coleman 33, and five withdrawn by the county.

Apparently, this was the pattern around the state. The interesting development is the Coleman campaign's attempt to include more rejected absentee ballots for review. This is a reflection of their position trailing Franken at this point:

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If The Shoe Were On The Other Foot . . .

I hate this type of hypocrisy - TPM and JedL are criticizing Norm Coleman for exercising his legal right to contest the Minnesota Senate election (and Bowers joins the hypocritically ignorant train.) Excuse me, when Coleman was asking Franken to concede when Franken was trailing by 600 votes (Franken now leads by 49 votes), TPM and JedL (and me) were criticizing Coleman for what they are now doing.

Coleman has the right, I would argue he has a duty to his supporters, to make sure he really lost the election before he concedes. Minnesota law does not allow for certification of a winner until an election contest is resolved. No one wants to see Franken in the Senate more than I but this whining about Coleman exercising his legal right to an election contest is blatantly hypocritical and extremely unseemly. And stupid to boot. Coleman is going to contest the result and the Democrats in the Senate can not seat Franken until he is certified as the winner of the Minnesota Senate election. Let's follow the rules please.

Speaking for me only

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MN Canvassing Board : Franken By 50 Votes

From the Strib:

The State Canvassing Board today made changes to a handful of withdrawn challenges in the U.S. Senate recount battle and gave DFL challenger Al Franken a net gain of four votes, nudging his unofficial lead to 50.

What's left? The improperly rejected absentee ballots:

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The Minnesota Senate Recount

With the main work of the Minnesota Canvassing Board on the Minnesota recount complete, it has been reported that Al Franken holds a 48 vote lead. What's left to do? One thing is to deal with certain rejected absentee ballots. The Minnesota Supreme Court issued a ruling that required the parties to try and work it out and identify which ballots should be counted (MN NPR reports the camps have come up with a system for dealing with these ballots but as I read it, it is an agreement to agree to a system, not an actual agreement). It can safely be assumed that the parties will not agree on all or even most of the ballots. But one assumes a consistent standard will be applied eventually. More importantly, Norm Coleman wanted none of these ballots counted and Franken wanted all of them counted, meaning that both campaigns believe there are more Franken votes than Coleman votes in these rejected absentee ballots.

To wit, Coleman seems to be behind the 8-ball now if the Canvassing Board tallies are the final word. Are they? Well, Minnesota provides for a contest procedure More . . .

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Franken Takes Lead in MN Senate Race

This morning, Al Franken took the lead in the MN Senate race for the first time. He's ahead a few hundred votes. Counting may be done this evening.

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MN-Sen: Counting Votes

The Uptake provides great coverage of what trying to enfranchise all voters look like. Things are looking good for Franken right now BTW.

Go Al!

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A Demographic Shift for NOLA : William Jefferson's Defeat

Indicted longterm LA Congressman William Jefferson has been defeated. The winner of the House seat for the district which includes New Orleans is Republican lawyer Anh Cao.

Cao emigrated from Vietnam when he was 8, after the fall of Saigon. This is his first elected office and he will be the first Vietnamese-American in Congress.

Turnout in Saturday's election, which was postponed due to Hurricane Gustav, was not high. While Jefferson's corruption charges are thought to have increased turnout in the white community and largely contributed to his defeat, and turnout among blacks was lower than usual, this is also interesting: [More...]

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New RNC Expense Reports: $110k for Sarah Palin Stylists

For two months work, Sarah Palin's traveling makeup artist and hair stylist were paid $110,000, according to newly filed RNC campaign expense reports.

The clothing total, previously at $150,000 is also expected to rise, but the final numbers weren't available when the Times posted its story tonight. Stay tuned.

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MN-Sen: Flip A Coin?

Charles Seife writes in today's NYTimes:

Minnesota’s instruments for counting votes are simply too crude to determine the winner in a race this tight. . . . Luckily, Minnesota’s electoral law has a provision for ties. After all the counting and recounting, if the vote is statistically tied, the state should invoke the section of the law that requires the victor to be chosen by lot. It’s hard to swallow, but the right way to end the senatorial race between Mr. Coleman and Mr. Franken will be to flip a coin.

This seems right to me.

Speaking for me only

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Marilyn Musgrave Robocall Attacks Liberals

Ungracious outgoing Colorado Republican Congresswoman Marilyn Musgrave, who has yet to call winner Betsy Markey and congratulate her on her win in Colorado's 4th District race for Congress, made a robocall for Georgia Congressman Saxby Chambliss after her defeat. Here's the text:

Hello, I'm Marilyn Musgrave. Until last month I was the congresswoman from Colorado. Leftist special interests from around the country poured money into my district to defeat me. They overwhelmed us with money. And they smothered the truth with vicious attacks and lies.

More...

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McCain's Incompetent Campaign

Matt Taibbi in Rolling Stone:

Requiem for a Maverick John McCain ran one of the most incompetent, schizo campaigns in history — and for that we owe him big-time

Lots of good reading here, I liked this:

In short, McCain entered this election season being the worst thing that anyone can be, in the eyes of the Rove-school Republicans: Different. Independent. His own man. He exited the campaign on his knees, all his dignity gone, having handed the White House to the hated liberals after spending the last months of the race with numb-nuts Sarah Palin on his arm and Karl Rove's c*ck in his mouth. Even if you wanted to vote for him, you didn't know who you were voting for. The old McCain? The new McCain? Neither? Both?

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Silly Season

This is silly. Frankly, it does harm to real and legitimate claims for an Obama mandate

When your mandate measure puts anyone ahead of FDR, it is time to stop.

Speaking for me only

This is an Open Thread.

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Did "The Middle" Decide The Election?

DemfromCt, who does good work on polling, blithely and unquestioningly endorses the unsupported and empty assertion from Pew:

First, the middle asserted itself. This was not a base election. Independents broke decisively for Obama, favoring him by a 52%-to-44% margin over John McCain.

I do not even know what that is supposed to mean but it worth reviewing these same numbers from 2004:

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Stevens Concedes

Yesterday it became clear to people who had mastered arithmetic that Ted Stevens lost his Senate race. Today, on his 85th birthday, Stevens conceded. No recount.

How nice that the senator is giving us a present on his birthday. Thank you, Tubes. If I were your judge, I would recommend your release to a halfway house 30 days before your prison sentence ends.

Actually, if Stevens would volunteer to serve 10 days in Guantanamo, I'd call it even.

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