Posted: February 20, 2009

Coleman seeks temporary injunction against commingling the 933

The Coleman v. Franken contest saw a new development today in Coleman's approach.  The Coleman campaign moved to stop redaction of tracking numbers on the 933 initially rejected absentee ballots that were counted in the state canvass after a second review by the counties.  State officials were nearly half finished with the redaction, however, when the filing was made.  See the motion here and memorandum of support here.  Coleman and Franken stipulated on Feb. 3 that these ballots were properly and lawfully included in the canvass and contestant Coleman agreed to dismiss all claims related to the 933.  This was 10 days before prior to the court's ruling last Friday which appears to require the exclusion of other absentee ballots that are similarly situated to some of the 933.  Coleman's side now says that some illegal ballots are being included while other illegal ballots are being excluded and says this is an Equal Protection violation.  The Franken campaign believes the court has disposed of such a claim already but, on Feb. 18, asked the court to clearly articulate its position on Coleman's Equal Protection claim.  After today's move by Coleman, Franken's side is suggesting "unspecified sanctions" against Coleman's legal team.  See the Star Tribune coverage here and MinnPost.com coverage here.  Updated 6:55 PM EST: Franken has filed a memo opposing the temporary injunction and, in it, requests that the court establish a hearing and briefing schedule for the Franken team to move for Rule 11 sanctions against Coleman's lawyers.  Franken also filed a new memo today on the requirements for offers of proof made by the Coleman team to preserve issues for appeal.