Posted: February 18, 2009
Contest court grants Franken's motion to exclude Coleman's witness
The court this evening granted Franken's motion in limine to exclude the testimony of King Banaian whom Coleman was going to present as a statistical expert to discuss the variation in absentee ballot rejection rates among the counties. The order is brief and simply says that Professor Banaian's testimony would not assist the court in determining the issues properly before it. The court explicitly states that the only question it must decide is who received the most legally cast votes. The order also says "it is irrelevant whether there were irregularities between the counties in applying Minnesota Statutes 203B.12, subd. 2. prior to this election contest." The Coleman side has been saying that ballots the court now defines as illegally cast were counted on election day but, they have also said that the court's orders may be treating similarly situated ballots differently within this election contest (e.g. the Nauen ballots and the 933 ballots).