1. Help
2. Campus map
3. Find people
4. Webmail
5. Search Ohio State

• About
  EL@M
  • About Us
  • Experts by Topic
• Faculty
  • Edward B. "Ned" Foley
  • Daniel P. Tokaji
  • Terri L. Enns
  • Steven F. Huefner
  • Donald B. Tobin
  • EL@M Fellows
  • EL@M Staff
  • Experts by Topic
• Election Law
  Litigation
  • Major Pending Cases
  • Archived Cases
• Current
  Features
  • News Wire
  • Key Questions for Key States
  • Compare State Election Laws
  • State-Specific Election Laws
  • State-by-State Coverage
  • Topic-by-Topic Coverage
  • Voting Machine Issues Nationwide (2008)
  • From Registration to Recounts (Book)
  • Major Election Law Reports
  • Equal Vote
  • Free & Fair
  • Featured Comments
• Archived
  Features
  • 50 Questions for 5 Key States
  • 2008 Pre-Election Litigation Risk Assessment
  • 2008 Primary Post-Election Timeline
  • Voter ID Litigation Nationwide
  • 2006 Election Overview
  • 2006 Recount Roundup
  • 2006 Ohio Primary Problems
  • 2006 Voting Technology Nationwide
  • 2006 Election Podcasts
  • Electronic Roundtable '06
  • Ohio Voter Registration Regulations
  • e-Book
  • Past Case Decisions
  • 2005 Redistricting Developments
• Biweekly
  Update
  • Subscribe
• Related
  Links
• McCain v.
  Obama
• Free & Fair
  (Foley)
• A Joint Project with
  the Moritz Law Library
• Media

Minnesota Senate contest update

March 5, 2009

Franken’s legal team continued presenting its case today and, additionally, filed a motion to dismiss the Coleman v. Franken suit altogether arguing that Coleman has not proved his claims. The contest court has not yet ruled on Coleman’s motion to apply the Feb. 13 order to all 280,000+ absentee ballots. After last Friday’s hearing on the motion, Coleman attorney, James Langdon, submitted this letter to the court citing precedent from outside Minnesota for using proportionate deduction to remove invalid ballots from the count. The letter also cites out-of-state precedent for setting aside an election where a court determines it is impossible to know who received the most votes in an election. EL@M will be posting additional analysis in the coming days. See Minnpost.com’s coverage here and here and The Star Tribune’s coverage here. The court is holding a motions hearings tomorrow at 1:30 p.m. CT.

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.

The Ohio State University | Michael E. Moritz College of Law | 55 West 12th Avenue | Columbus, OH 43210-1391 | (614) 292-2631