Posted: February 24, 2009
Minnesota election contest - Franken challenges found votes, Coleman may be done by end of week
Yesterday’s order by the contest court in Coleman v. Franken, while granting Franken summary judgment in part, denied summary judgment regarding the missing envelope of 133 ballots from a Minneapolis precinct. The court found that issues of material fact still exist with respect to those ballots. Franken seeks to exclude 61 ballots from a Coleman-leaning area of Becker County that he alleges were not handled according to proper chain of custody procedures. The ballots were counted for the first time during the recount after being found in the county auditor’s office in an unsealed box. They yielded a 19-vote advantage for Coleman. See the report here. Coleman attorney Ben Ginsberg said yesterday that they may be done presenting their case at the end of the week. See the latest from the Star Tribune here. Franken attorney Marc Elias said they would move to dismiss once Coleman is finished and will be ready to present their case if the court decides to continue.


Commentary
Arizona: Voter Registration and the Road Ahead
Justin Levitt
June arrived with two election law cases at the Supreme Court. One is still pending: a highly anticipated decision on section 5 of the Voting Rights Act. The other, more frequently overlooked, was decided yesterday. And there are some quirks of the opinion that seem to depart from the swiftly congealing conventional wisdom that the states might actually have "won," and now need only run out the clock.
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