I just got off the phone with a loyal reader of LFR just minutes ago. This loyal reader told me that Team Franken is objecting to all kinds of different things. Some of these things include ballots where the voter placed an X inside the oval instead of filling the oval in.
This is despicable. Team Franken is clearly ignoring this section of Minnesota state election statutes:
204C.22 DETERMINING VOTERâ€™S INTENT.
Subdivision 1. Ballot valid if intent determinable. A ballot shall not be rejected for a technical error that does not make it impossible to determine the voterâ€™s intent. In determining intent the principles contained in this section apply.
Subd. 2. From face of ballot only. Intent shall be ascertained only from the face of the ballot.
Subd. 3. Votes for too many candidates. If a voter places a mark (X) beside the names of more candidates for an office than are to be elected or nominated, the ballot is defective with respect only to that office. No vote shall be counted for any candidate for that office, but the rest of the ballot shall be counted if possible. At a primary, if a voter has not indicated a party preference and places a mark (X) beside the names of candidates of more than one party on the partisan ballot, the ballot is totally defective and no votes on it shall be counted. If a voter has indicated a party preference at a primary, only votes cast for candidates of that party shall be counted.
Here’s another relevant portion of Minnesota recount law:
Voterâ€™s intent will be determined pursuant to M.S. 204C.22. The candidate or his/her representative (but not both) has the right to challenge which piles I have decided to place the ballot in. Challenges may not be automatic or frivolous. The challenger needs to describe why they challenge the decision. I may decide they are right. If I do not agree and the challenge is not withdrawn, I will write why it is challenged on the ballot and place it in an envelope marked â€œChallenged Ballotsâ€. The challenged ballots will be brought to the canvass board and they will examine them and make a decision how to count them.
Based on this section, challenges should be ruled frivolous if voter intent is clear. Someone that underlines or circles a candidate’s name or who puts a check mark or an X in the box has clearly indicated their intent. That’s how election officials have been routinely ruling since the recount started.
Challenges like that must be squashed immediatly. Team Franken should be held accountable for such despicable, thinly veiled attempts to steal this election.
I’ll further add that, should Sen. Coleman wins this hand recount, Harry Reid and the Senate Democrats better seat Sen. Coleman. If they vote against seating him, the right blogosphere will remind voters at the midterm election that their senator voted against We The People. They will have voted against their mantra of counting every vote by virtue of ignoring We The People’s votes. That’s unacceptable.
Cross-posted at California Conservative