Norm Coleman made his case to Minnesotans yesterday, laying out some specifics on why he expects to win the recount. Here are three things that Mr. Franken would rather you didn’t know about:

First, there were a number of ballots that were counted twice. These double-counted votes accrued overwhelmingly in Al Franken’s favor. When corrected, I will gain upwards of 100 votes.

Secondly, the inconsistent treatment of thousands of rejected absentee ballots has dramatically skewed the results. Simply put, certain types of ballots were counted in one area but were not counted in other areas. These ballots were counted overwhelmingly in pro-Franken areas. When a consistent standard is applied statewide, the vote totals will change drastically.

Third, a number of alleged “missing ballots” were counted during the recount even though no one could actually prove that these ballots ever existed. These votes again accrued in Franken’s favor. When corrected we will gain over 40 votes.

Mr. Franken currently holds a 225 vote lead. If you subtract the 100+ double-counted ballots from Franken’s totals, which I think will happen, Franken’s lead suddenly is dramatically narrowed.

When you eliminate the missing ballots that got counted, which will happen if they follow Minnesota’s election laws, Mr. Franken’s lead shrinks to approximately 75 votes. I pointed out here the portion of the law governing recounts:

Recounts are typically administrative proceedings with the scope limited to the manual recount of the ballots validly cast for the office or ballot question and the declaration of the results. A recount is performed by a canvassing board or by its staff.

Sen. Coleman rightly points out that you can’t count votes if there isn’t physical proof that the votes exist. It’s like the old lawyer’s saying that “I only know what I can prove.” Speculation isn’t proof. PERIOD.

Finally, it’s worth noting that a ruling on the infamous ‘fifth pile’ ballots gave both campaigns veto power over fifth pile ballots. Minnesota law clearly states that rejecting and accepting absentee ballots is an administrative process done by local election official and that absentee ballots are accepted or rejected for 4 specific reasons.

Minnesota election law certainly didn’t anticipate giving partisans veto authority over absentee ballots. When all fifth pile absentee ballots are counted, Mr. Franken’s lead will either be miniscule or nonexistent.

That’s why Norm’s right in fighting.

Technorati: , , , , , , ,

One Response to “Norm Makes His Case”

  • Chris W says:

    The Coleman suit lists 17 precincts where double voting occurred. In 8 of those precincts Franken’s recount totals were higher than election day totals by 2 or fewer votes,a and there were actually 2 precincts where his recount total went down by one. How can double voting have occurred in those precincts?

Leave a Reply