Posted: February 18, 2009
Minnestoa contest continues; Franken submits memo opposing Coleman's offer of proof
Franken's side submitted a memorandum to the court asking that the court accept Coleman's offer of proof to preserve the record for appeal but to reiterate its rejection of Coleman's Equal Protection claims on substantive and procedural grounds. The memo argues that the Equal Protection clause does not "constitutionalize every minor error and inconsistency" in elections. It also argues that Coleman presented his case in such a way that it is limited to consideration of less than half of all rejected absentee ballots thereby making it impossible for the court to apply a uniform standard to all rejected absentee ballots.