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Last Updated: September 10, 2010 at 1:40 PM

Franken v. Olmsted County

Case Information

Date Filed / Ended: December 16, 2008 / December 18, 2008
State: Minnesota
Issues: Recount Resources, Absentee Ballots, MN Senate race 2008
Courts that Heard this Case: District Court, Third Judicial District, Olmsted County (Case 55-CV-08-11879)

Trial Court Documents

APPLICATION FOR CORRECTION OF OBVIOUS ERRORS IN 2008 UNITED STATES SENATE ELECTION (filed 12/16/08)
Memorandum in Support of Application (filed 12/16/08)
- Proposed Order
Affidavit of Steven Z. Kaplan (filed 12/16/08)
- Exhibits 1, 2, 3, 4
Certificate of Representation (filed 12/16/08)
Request for Expedited Hearing (filed 12/16/08)
Coleman Motion for Temporary Restraining Order (filed 12/16/08) (withdrawn at hearing)
Hearing held 2:30pm on 12/16
Order (entered 12/18/08)

Commentary

Silence of the Lambs

Dale A. Oesterle

With the election of 2012 now well over and past the second inauguration of the incumbent President, the historical analysis of the events has begun and will last as long as written human history lasts. An interesting tidbit may already be lost to the majesty of the moment.

The voters of three very different states, Alaska, New Hampshire, and Ohio, all had an opportunity to call state constitutional conventions. In each state the voters turned the opportunity down by very similar votes, 68%, 64% and 68% respectively against.

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In the News

EXCLUSIVE: Voter fraud, or just errors?

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about whether citizens who cast two ballots in elections have committed voter fraud. Some citizens under investigation say they were confused about the process or worried their original votes, often sent via absentee ballot, wouldn't count. Tokaji said there is often a valid reason someone would cast an absentee ballot and then a provisional one at a voting location.

“It’s certainly not a crime or intentional double voting,” he said. “Officials are not supposed to count provisional ballots if an absentee ballot has been cast.”

Submitting both “doesn’t come close to voting fraud,” he said. “The burden is on the board of elections to make sure two votes don’t count.”

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Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

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Major Pending Cases

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