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Coleman seeks to vacate another order, Franken opposes uncounting ballots

February 26, 2009

While the contest court voluntarily vacated its own order of yesterday that had struck the testimony of a Coleman witness, the Coleman team is asking the court via a Rule 60.02 motion to vacate its Feb. 10 order that granted summary judgment to some of the Nauen voters. Coleman alleges that these votes were accepted despite not meeting the standard for legally cast ballots that the court laid out in its Feb. 13 order. Meanwhile, Franken filed this memorandum opposing Coleman’s motion to have the Feb. 13 order applied to all absentee ballots cast in the Senate race.

Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.

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