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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 - Franken to provisionally rest case tomorrow

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March 11, 2009

Today in Coleman v. Franken, the contest court heard arguments from both sides about Franken’s motion to exclude evidence that Coleman has subpoenaed from county officials about 84 voters. Franken argued that Coleman has rested and that the new evidence is not appropriate for a rebuttal case. The court said it will rule on this motion soon. The court ordered today that 14 more of the Nauen voters’ ballots will be counted. In the order, the court said it could not grant or deny summary judgment as to the ballots of voters whose ballot envelopes provided only a partial address for themselves or their witnesses or ballots of those who moved within an apartment building or complex but did not re-register. The court has heard evidence about the law and practice for these issues but has not yet determined what exactly is required. The court says it will review these ballots individually at the appropriate time. (See p. 8 of the order.) Attorney Charles Nauen will be putting on the remainder of his case tomorrow followed by Coleman’s rebuttal.  Franken also may provisionally rest his case tomorrow.