Last Updated: February 18, 2011 at 10:45 AM
Coleman v. Franken
Case Information
Date Filed / Ended: January 6, 2009 / June 30, 2009
State: Minnesota
Issues: MN Senate race 2008, Recount Procedures, Absentee Ballots
Courts that Heard this Case: Ramsey County District Court (Case 62-CV-09-56); Minnesota Supreme Court (Case A09-697)
Issue:
Whether there were irrgeularities in the conduct of the election that affected the result.
Status:
Decision granted in favor of Franken on 4/13. Appeal filed with the Minnesota Supreme Court on 4/20. Briefs have been filed. Oral arguments held 6/1. Opinion filed 6/30.
Minnesota Supreme Court Documents
- Notice of Appeal
(filed 4/20/09) - Notice of Entry of Judgment
(entered 4/20/09) - Appellant's Statement of Case
(filed 4/20/09) - Respondent's Motion for Expedited Schedule
(filed 4/21/09) - Appellant's Response to Motion to Expedite
(filed 4/22/09) - Respondent's Motion to Admit Attorneys Pro Hac Vice
(filed 4/22/09)
- Order Granting Motion
(entered 4/23/09)
- Order Granting Motion
- Order establishing briefing schedule and date for arguments
(entered 4/24/09) - Brief of Appellant
(filed 4/30/09) - Respondent's Brief
(filed 5/11/09) - Appellant's Reply Brief
(filed 5/15/09) - Oral Arguments (6/1/09) (opens webcast video)
- Opinion
(filed 6/30/09)
Ramsey County District Court Documents
(MN Courts Document Page) (Docket) (Trial Video)
- Notice of Contest
(filed 1/06/09) - Motion for Contest Rules and Procedures
(filed 1/06/09) - Order appointing panel
(entered 1/12/09) - Motion to Dismiss - Franken
(filed 1/12/09) - Memorandum in support of Motion to Dismiss - Franken
(filed 1/12/09) - Contestee's Answer and Counterclaims
(filed 1/13/09) *This is a 17MB, 500+ page pdf file. - Contestants' Proposed Schedule
(filed 1/13/09) - Amended Order
(entered 1/13/09) - Contestees' Reply to Proposed Schedule
(filed 1/15/09) - Al Franken's Response to Contestants' Proposed Senate Election Contest Rules
(filed 1/16/09) - Scheduling Order
(entered 1/16/09) - Motion to Quash Subpoena and for Protective Order
(filed 1/20/09) - Memorandum in Support of Motion to Quash
(filed 1/20/09) - Motion for Order Directing Secretary of State to Deposit Original Documents with the Court
(filed 1/20/09) - Contestee's Expert Disclosure
(filed 1/20/09) - Contestee's Reply in Support of Motion to Dismiss
(filed 1/20/09) - Contestee's Opposition to Motion for Order Directing Counties and Municipalities to Deliver Original Rejected Absentee Ballots to the Court
(filed 1/20/09) - Petitioners Memorandum of Law in Support of Motion for Summary Judgment (Dennis Peterson Case filing)
(filed 1/21/09) - Contestee's Memorandum in Opposition to Motion for Order Directing Secretary of State to Deposit Original Documents with the Court
(filed 1/21/09) - Notice of Hearing and Conditional Motion for Partial Summary Judgment of Certain of Contestants' Claims
(filed 1/21/09) - Memorandum of Law in Support of Contestee's Conditional Motion for Partial Summary Judgment on Certain of Contestants' Claims
(filed 1/21/09)
- Notice of Hearing and Conditional Motion for Partial Summary Judgment of Certain of Contestee's Counterclaims
(filed 1/21/09) - Memorandum of Law in Support of Contestee's Conditional Motion for Partial Summary Judgment on Certain of Contestee's Counterclaims
(filed 1/21/09)
- Contestants' Notice of Motion and Motion for Order Directing Counties and Municipalities Possessing Original Rejected Absentee Ballots To Deposit Originals with the Court
(filed 1/21/09) - Contestee Franken's Notice & Motion to Strike Unsupported Claims, and Points and Authorities
(filed 1/21/09) - Contestants' Memorandum of Law in Support of Motion for Summary Judgment
(filed 1/21/09)
- Contestants' Notice of Motion and Motion for Leave to Exceed Page Limitations
(filed 1/21/09) - Petitioners' Motion for Summary Judgment
(filed 1/21/09)
- Contestants' Memorandum of Law in Opposition to Motion to Dismiss
(filed 1/21/09) - Amended Certificate of Representation and Parties
(filed 1/21/09) - Contestants' Answer to Counterclaims
(filed 1/21/09) - Verified Petition for Appointment of Inspectors
(filed 1/22/09) - Petitioners' Amended Motion for Summary Judgment
(filed 1/22/09) - Stipulated Protection Order
(filed 1/22/09) - Order on Contestees' Motion to Dismiss
(entered 1/22/09) - Affidavit of Matthew W Haapoja - Counsel for Contestants
(filed 1/22/09) - Affidavit/Declaration of Shirely M Vandyck - Regarding Her Absentee Ballot not being counted
(filed 1/22/09) - Affidavit/Declaration of Marilyn Borgen-regarding absentee ballot not being counted
(filed 1/22/09) - Certified Copy - Petition by Certain MN Voters to have their Votes Counted Pursuant to Mn.Stat.204B.44
(filed 1/22/09)
(originally filed with Supreme Court on 1/13/09)
- Certified Copy - Appellate Court - Motion of Norm Coleman to Intervene - Dennis Petterson, et al.
(filed 1/22/09) (originally filed with Supreme Court on 1/15/09) - Memorandum of Law in Opposition to Contestants' Motion for Summary Judgment
(filed 1/22/09)
- Certified Copy - Supreme Court Order granting Motion of Norm Coleman to intervene
(filed 1/22/08) (originally entered by Supreme Court on 1/16/09) - Order to Ensure Proceedings will be Conducted in an Orderly Manner Consistent with Minnesota Law and Court Rules
(entered 1/22/09) - Notice of Intervention
(filed 1/22/09) - Order on Contestant's Motion - regarding inspection of ballots
(entered 1/23/09) - Order - Contestee Shall File Objection to the Notice of Intervention
(entered 1/23/09) - Contestants Response to Notice of Intervention of the Happe Intervenors
(filed 1/23/09) - Contestants Memorandum of Law in Response to Petitioners Motion for Summary Judgment
(filed 1/23/09) - Contestants Memorandum of Law in Opposition to Motion to Strike Unsupported Claims
(filed 1/23/09) - Memorandum of Law -- Keeping Case Class Action
(filed 1/23/09) - Motion for Certification of a Class of Intervening Voters
(filed 1/23/09)
- Contestant's Memorandum of law in Response to Contestee's Conditional Motion for Partial Summary Judgment on Certain of Contestee's Counterclaims
(filed 1/23/09)
- Contestant's Memorandum of law in Opposition to Contestee Franken's Motion for Partial Summary Judgment on Certain of Contestants' Claims
(filed 1/23/09)
- Second Affidavit of Langdon in Support of Contestants' Motion for Summary Judgment
(filed 1/23/09) - Contestee's Witness List
(filed 1/26/09) - Contestee's Exhibit List
(filed 1/26/09) - Contestee's Motion in Limine to Limit Absentee-Ballot Evidence to Ballots Pleaded in the Notice of Contest
(filed 1/26/09) - Contestant's Opposition to Motion in Limine
(filed 1/26/09) - Second Affidavit of James R Gelbmann - Regarding Ballot of Evelyn Koehnen
(filed 1/26/09) - District Court Transcript - Volume 1
(1/26/09) - Exhibit List
(filed 1/27/09) - Contestants' Witness List
(filed 1/27/09) - District Court Transcript - Volume 2
(1/27/09) - District Court Transcript - Volume 3
(1/28/09) - Petitioners' Second Amended Notice of Motion and Motion for Summary Judgment
(filed 1/29/09)
- Notice of Withdrawal by Petitioners Girtz, Johnson and Koehnen
(filed 1/29/09) - Contestee's Opposition to Contestants' Motion in Limine to Exclude Evidence
(filed 1/29/09) - Contestee's Motion in Limine to Exclude Testimony
(filed 1/29/09)
- District Court Transcript - Volume 4
(1/29/09) - Contestants' Position on the Number of Rejected Absentee Ballots in Issue
(filed 1/30/09) - Contestants' Motion in Limine to Exclude Evidence of How Each Campaign's Prior Position Regarding When and How Rejected Absentee Ballots Should be Reviewed
(filed 1/30/09) - Stipulated ORDER of Dismissal of Contestants' Claims Regarding Maplewood Precinct 6 and St.Paul Ward 3, Precinct 9
(filed 1/30/09) - District Court Transcript - Volume 5
(1/27/09) - District Court Transcript - Volume 6
(2/2/09) - Stipulation and Order Re: Absentee Ballots
(filed 2/3/09) - Order on Contestee's Motion in Limine
(entered 2/3/09) - Order on Contestants' Motion for Summary Judgment
(entered 2/3/09) - District Court Transcript -Volume 7
(2/3/09) - Contestee's Motion to Amend Answer and Counterclaims
(filed 2/4/09) - District Court Transcript -Volume 8
(2/4/09) - District Court Transcript -Volume 9
(2/5/09) - Order on Motion for Leave to Intervene
(entered 2/6/09) - Contestants' Response to Motion to Amend Answer and Counterclaim
(filed 2/6/09) - District Court Transcript - Volume 10
(2/6/09) - District Court Transcript - Volume 11
(2/9/09) - Order on Motion to Strike
(filed 2/10/09) - Order Granting in Part and Denying in Part Petitioners Motion for Summary Judgment
(filed 2/10/09) - Nunc Pro Tunc Order Correcting Order Granting in Part and Denying in Part Petitioners' Motion for Summary Judgment
(filed 2/10/09) - Contestants' Memorandum of Law in Opposition to Motion in Limine to Exclude Testimony of Professor King Banaian
(filed 2/10/09) - Affidavit of F. Matthew Ralph
(filed 2/10/09) - Affidavit of Service - Breymeier
(filed 2/10/09) - Petitioners' Memorandum of Law in Opposition to Motion for Class Certification
(filed 2/10/09) - Affidavit of Charles N. Nauen in Opposition to Motion for Class Certification
(filed 2/10/09) - Petitioners Affidavit of Service - Zoll
(filed 2/10/09) - Petitioners' Notice of Dismissal as to Respondent Morrison County
(filed 2/10/09) - Order Establishing Hearing on Motions
(filed 2/10/09) - District Court Transcript - Volume 12
(2/10/09) - Memorandum of Law in Support of Contestee Franken's Motion in Limine and Offer of Proof
(filed 2/11/09) - Contestee's Reply Memorandum in Support of His Motion in Limine to Exclude Testimony of King Banaian
(filed 2/11/09) - Contestants' Memorandum of Law in Support of Acceptance by Category of Improperly Rejected Absentee Ballots
(filed 2/11/09) - District Court Transcript - Volume 13
(2/11/09) - District Court Transcript - Volume 14
(2/12/09) - Order following hearing
(filed 2/13/09) - District Court Transcript - Volume 15
(2/13/09) - Letter requesting permission to file motion for reconsideration
(sent 2/16/09) - District Court Transcript - Volume 16
(2/16/09) - Order denying Coleman's request to make motion for reconsideration
(entered 2/17/09) - District Court Transcript - Volume 17
(2/17/09) - Memorandum of Law in Opposition to Offer of Proof
(filed 2/18/09) - Order Granting Contestee's Motion in Limine
(entered 2/18/09) - District Court Transcript - Volume 18
(2/18/09) - District Court Transcript - Volume 19
(2/19/09) - Notice of Motion and Motion for Temporary Injunction
(filed 2/20/09)
- Memorandum in Support of Motion for Temporary Injunction
(filed 2/20/09)
- Memorandum in Support of Motion for Temporary Injunction
- Contestee's Opposition to Motion for Temporary Injunction
(filed 2/20/09) - Memorandum of Law Regarding Form and Level of Specificity Required in an Offer of Proof
(filed 2/20/09) - Contestants' Notice of Motion and Motion
(filed 2/20/09) - Contestants' Memorandum of Law in Support of Motion for Ruling Applying February 13 2009 Order to Previously Counted Absentee Ballots
(filed 2/20/09) - Affidavit of James Langdon
(filed 2/20/09) - Petitioners Notice of Motion and Renewed Motion for Summary Judgment
(filed 2/20/09) - Petitioners Memorandum of Law in Support of Renewed Motion for Summary Judgment
(filed 2/20/09) - Affidavit Nauen in Support of Petitioners Renewed Motion for Summary Judgment
(filed 2/20/09) - District Court Transcript - Volume 20
(2/20/09) - Order on Contestee's Motion for Summary Judgment
(filed 2/23/09) - Order Denying Class Certification
(filed 2/23/09) - District Court Transcript - Volume 21
(2/23/09) - Contestee's First Amended Answer and Counterclaims
(filed 2/24/09) - District Court Transcript - Volume 22
(2/24/09) - Order Denying Contestant's Motion for Temporary Injunction
(filed 2/25/09) - Contestant's Memorandum of Law in Support of Rule 60.02 Motion to Vacate Judgment
(filed 2/25/09) - Contestant's Notice of Motion and Rule 60.02 Motion to Vacate Judgment
(filed 2/25/09) - Contestants' Notice of Motion and Motion to Strike
(filed 2/25/09) - Contestants Motion to Strike Certain Amended Counterclaims
(filed 2/25/09) - Contestee's Motion in Limine to Exclude County Data Practices Act Certifications
(filed 2/25/09) - Memorandum of Law in Opposition to Contestants Motion for Ruling Applying Feb. 13, 2009 Order to Previously Counted Absentee Ballots
(filed 2/25/09) - District Court Transcript - Volume 23
(2/25/09) - Order Vacating 2/25/09 Order to Strike Testimony
(entered 2/26/09) - Order Granting Contestee's Motion in Limine
(filed 2/26/09) - Notice of Motion and Motion by Jeffrey Cox and City of Duluth to Quash Subpoena
(filed 2/26/09) - Memorandum of Law by Cox and the City of Duluth Supporting their Motion to Quash the Subpoena of Jeffrey Cox
(filed 2/26/09) - Affidavit of M. Allison Lutterman Supporting the Motion of City of Duluth and Cox to Quash Subpoena
(filed 2/26/09) - Contestants Opposition to Renewed Motion for Summary Judgment
(filed 2/26/09) - Petitioners Memorandum of Law Opposing Contestants Rule 60.02 Motion to Vacate Judgment
(filed 2/26/09) - Order for Opening Secrecy Envelopes
(filed 2/26/09) - District Court Transcript - Volume 24
(2/26/09) - Contestees Reply in Support of his Motion in Limine to Exclude County Data Practices Act Certifications
(filed 2/27/09) - Contestees Memo in Response to City of Duluth Motion to Quash Subpoena
(filed 2/27/09) - District Court Transcript - Volume 25
(2/27/09) - Letter to Judges from James Langdon Regarding Potential Remedies
(filed 3/2/09) - Memorandum in Support of Motion for an Order Declaring Recount Rule 9 Invalid as a Matter of Law
(filed 3/2/09) - Notice of Motion and Motion on Order Declaring Recount Rule 9 Invalid as a Matter of Law
(filed 3/2/09) - Order Respondents Request to Bring a Motion to Reconsider the Court 012309 Order is DENIED
(entered 3/2/09) - Order on Contestees Motion to Strike
(entered 3/2/09) - Order on Contestants Request to Submit Voter Affidavits
(entered 3/2/09) - Order on Intervenor's Rule 60.02 Motion to Vacate Judgment
(entered 3/2/09) - District Court Transcript - Volume 26
(3/2/09) - District Court Transcript - Volume 27
(3/3/09) - District Court Transcript - Volume 28
(3/4/09) - Contestee's Motion to Dismiss
(filed 3/5/09) - District Court Transcript - Volume 29
(3/5/09) - Contestee's Opposition to Invalidating Recount Rule 9
(filed 3/6/09) - Contestant's Opposition to Motion to Dismiss
(filed 3/6/09) - Affidavit of Ben Stafford
(filed 3/6/09) - District Court Transcript - Volume 30
(3/6/09) - District Court Transcript - Volume 31
(3/9/09) - District Court Transcript - Volume 32
(3/10/09) - Order Granting in Part and Denying in Part Petitioners Renewed Motion for Summary Judgment
(entered 3/11/09) - Order on Contestee's Motion in Limine
(entered 3/11/09)
- Order Nunc Pro Tunc Correcting Order
(entered 3/12/09)
- Order Nunc Pro Tunc Correcting Order
- Petitioners' Notice & Second Renewed Motion for Summary Judgment
(filed 3/11/09)
- District Court Transcript - Volume 33
(3/11/09) - District Court Transcript - Volume 34
(3/12/09) - District Court Transcript - Volume 35
(3/13/09) - Contestants' Proposed Findings of Fact and Conclusions of Law
(dated 3/17/09) - Contestants' Opposition to Second Renewed Motion for Summary Judgment
(filed 3/19/09) - Order Granting Petitioners' Second Renewed Motion for Summary Judgment and Amending Order Granting in Part and Denying in Part Petitioners Renewed Motion for Summary Judgment Dated March 11, 2009
(entered 3/31/09) - Order for Delivery of Ballots to Office of the Minnesota Secretary of State for Review by the Court
(entered 3/31/09) - Order for Counting of Absentee Ballots
(entered 4/7/09) - Order
(entered 4/10/09) - Findings of Fact, Conclusions of Law & Order for Judgment
(entered 4/13/09)
Related Documents
- Letter from Franken campaign to governor and secretary of state requesting election certificate
(1/12/09) - Letter from Coleman campaign to governor and secretary of state re: Franken letter
(1/12/09) - Order classifying absentee ballots as public data in the case of KSTP-TV, KSTC-TV, WDIO-TV, KAAL-TV and KSAX-TV v. Ramsey County (62-CV-09-9240) from the District Court of the Second Judicial District
(entered 12/31/09)




Commentary
A Poster Child for Dysfunctional Districting
Daniel P. Tokaji
Fifty years ago next month, the U.S. Supreme Court decided Baker v. Carr (1962), inaugurating the “reapportionment revolution” which led to the redrawing of legislative districts across the country. This milestone provides the opportunity to reflect not only on what has been accomplished, but also on what still needs to be done.
more commentary...