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Election Law Litigation
Coleman v. Franken
(page last updated February 9, 2010 at 3:31 PM)
Case Information
Current Court: Minnesota Supreme Court (Case A09-697)
All Courts: Ramsey County District Court (Case 62-CV-09-56); Minnesota Supreme Court (Case A09-697)
Topic(s): MN Senate race 2008, Recount Procedures, Absentee Ballots
State: Minnesota
Date Filed: January 6, 2009
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 Dictrict 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)
(orginally 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) (orginally 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)
- Exhibit List (filed 1/27/09)
- Contestants' Witness List (filed 1/27/09)
- 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)
- 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)
- 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)
- Contestee's Motion to Amend Answer and Counterclaims (filed 2/4/09)
- Order on Motion for Leave to Intervene (entered 2/6/09)
- Contestants' Response to Motion to Amend Answer and Counterclaim (filed 2/6/09)
- 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)
- 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 Suppot 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)
- Order following hearing (filed 2/13/09)
- Letter requesting permission to file motion for reconsideration (sent 2/16/09)
- Order denying Coleman's request to make motion for reconsideration (entered 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)
- 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)
- Order on Contestee's Motion for Summary Judgment (filed 2/23/09)
- Order Denying Class Certification (filed 2/23/09)
- Contestee's First Amended Answer and Counterclaims (filed 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)
- 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)
- Contestees Reply in Support of his Motion in Limine to Exclude County Data Practices Act Certifications (filed 2/27/09)
- Contestees Memo in Reponse to City of Duluth Motion to Quash Subpoena (filed 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)
- Contestee's Motion to Dismiss (filed 3/5/09)
- Contestee's Oppostition 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)
- 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)
- 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)
Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
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