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Edward B. Foley
Free & Fair is a collection of writings by Edward B. Foley, one of the nation's preeminent experts on election law.

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Minnesota Senate contest - 80 registration forms found out of 1500 secrecy envelopes

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March 9, 2009

The court ordered ballot secrecy envelopes opened for approximately 1500 absentee ballots to see if they contained properly completed registration forms that would permit the ballots to be counted.  Only 80 of these actually contained valid registration forms.  See the Star Tribune coverage here.  Eric Black at MinnPost.com has analysis of the Supreme Court’s decision here.  He cites experts in his conclusion that the Minnesota Supreme Court decision not to grant Franken a certificate now may help him get the certificate at the conclusion of the state court proceedings.  Minnesota’s governor said prior to the court’s decision that an appeal to the U.S. Supreme Court may require a delay in issuing the certificate.  Minnesota Public Radio has a piece on who pays the cost of the contest once it’s over.  One expert quoted says attorneys’ fees are not generally paid by the losing party in a contest but the contest court mentioned in one of its orders (here on p. 7) that attorneys’ fees might be included.