Minnesota Supreme Court Votes Unanimously With Franken — Coleman Concedes

225px-AlFranken2009.JPG I’m Good Enough, I’m Smart Enough, and Doggone It, the Minnesota Supreme Court Likes Me. This election may have been a virtual tie, but Al Franken swept the Minnesota Supreme Court today. The Court ruled that Franken should be certified as the winner of the state’s Senate race — rejecting a challenge by Republican Norm Coleman. With Franken, the Democrats will have the votes to overcome any filibuster (if you include the two independents).

On election night, Coleman was ahead by a margin of 206 votes out of more than 2.9 million votes. After the recount, Franken led by 225 votes.

Coleman’s hopes were pinned on thousands of absentees votes that were rejected by election officials, but the Supreme Court found that those voters failed to satisfy the conditions set out for such voting.

On the substantive due process issue, the court ruled:

We conclude that our existing case law requires strict compliance by voters with the requirements for absentee voting. Thus, we reject Coleman’s argument that only substantial compliance by voters is required. Having rejected this argument, we also conclude that the trial court’s February 13 order requiring strict compliance with the statutory requirements for absentee voting was not a deviation from our well-established precedent.

Because strict compliance with the statutory requirements for absentee voting is, and has always been, required, there is no basis on which voters could have reasonably believed that anything less than strict compliance would suffice. Furthermore, Coleman does not cite, and after review of the record we have not found, any evidence in the record that election officials required only substantial compliance in any past election or any official pronouncements that only substantial compliance would be required in the November 4, 2008 election. Nor does Coleman point us to the testimony of any voter who neglected to comply with the statutory requirements for absentee voting in reliance on either past practice or official assurances that strict compliance was not required.

At oral argument, Coleman posited that because of the increased use of the absentee voting method, it should now be treated as a right, not a privilege. But that is a policy determination for the legislature, not this court, to make. Indeed, Coleman‟s counsel acknowledged during oral argument that Coleman cannot claim that any voters changed their behavior based on the alleged substantial compliance standard.

It is difficult to argue with the Court’s opinion, which is well-written and well-based. There is no satisfying conclusion here for everyone. Coleman’s supporters have a right to be bitter. A couple hundred votes put the result on an almost arbitrary basis. I have long believed that there should be an automatic re-vote when candidates (both presidential or congressional) fail to receive a majority of votes. With the two most popular candidates, the election is likely to produce a majority favorite and avoid most such razor-thin results. While it is possible to still have close races, it is less likely.

Coleman has conceded the race.

Here is the ruling: OPA090697-6030

For the story, click here.

240 thoughts on “Minnesota Supreme Court Votes Unanimously With Franken — Coleman Concedes”

  1. Buddha Is Laughing 1, July 6, 2009 at 11:16 pm

    Despite what the math may suggest, two half-wits don’t make a whole wit. IS and Sil solved that AND showed their work. It’s the first thing I think they’ve earned an A on.

    ********************************

    Do they not at least make a Twit or don’t you give a Twit Ass.

  2. Despite what the math may suggest, two half-wits don’t make a whole wit. IS and Sil solved that AND showed their work. It’s the first thing I think they’ve earned an A on.

    sniffle

    Our little trolls are growing up.

  3. Can you cook outside?

    Go out and buy a cast iron pizza pan or griddle or something. I have a Lodge chicken fryer with a lid that I got from Amazon, cheap, and seasoned myself, but you can order them seasoned. They are heavy, but the best all around pan ever. Check out Target or Wal-mart, even. They sell woks, hibachis and sportsmen’s grills, too! Get creative.

    http://www.amazon.com/s/?ie=UTF8&keywords=chicken+fryer+cast+iron&ta
    g=googhydr-20&index=aps&hvadid=2743288765&ref=pd_sl_63pf1k848n_b

    I’ll try to think of good easy stuff to make from the fridge, you lucky dog.

  4. Mespo,

    So what about the fact that you the intellectually superior progressive (sic) tried to affirm the consequent and failed so miserably.

    Your inability to put a consequent in the first premise was an astounding exposition of your absolute intellectual inferiority.

  5. Mespo,

    Oh, ignorant progressive you can not become wise untill you realize your ignorance. And only by losing your progressive arrogance can you begin to do so.

  6. sicilian1:

    “You’re insults do not phase me. As an ethnicity who has had war declared upon them by corrupt governments throughout the world I wear my badge of incarceration with honor.”

    ***********

    Methinks, the lady doth protest too much!

  7. IS,

    Couldn’t have said it better. This ignorant only exposes himself more with every post.

    Mespo tried to affirm the consequent when he didn’t even put a consequent in the premise.

    And Mespo is such an arrogant progressive he fails to realize his own ignorance.

  8. IS:

    “mespo727272:”

    “you must be one very wise man.”

    ************

    Why, thank you IS. You really have learned something new!

  9. mespo727272:

    “A man only becomes wise when he begins to calculate the approximate depth of his ignorance.”

    ——————————————–

    you must be one very wise man.

  10. Mespo,

    You’re insults do not phase me. As an ethnicity who has had war declared upon them by corrupt governments throughout the world I wear my badge of incarceration with honor.

    But yes, I have exposed you as an intellectual fraud. Though you ignore the fact that I exposed your inablity to affirm the consequent when you thought it was you who were showing off your intellectual chops, I shall continuously refer to that example so your intellectual facade continues to be exposed.

    It amuses me so that you were trying to show how smart you were, trying to talk down to me when in fact you exposed your own ignorance.

  11. sicilian1:

    “Continue to ignore youe deficiencies the better to convince yourself and those sychophants of your ilk that you are what you think you are and you are who they congratulate you to be.”

    ********

    I don’t ignore them my felonious friend, given their multitude, I bask in them!

    “A man only becomes wise when he begins to calculate the approximate depth of his ignorance.”

    —Gian Carlo Menotti

  12. Patty C,

    Knew it wouldn’t take long before I could bait you into a personal attack. But that is the progressive track. Insult, belittle and get vicious b/c you are all nothing but a psuedo intellectual bunch. It’s only a matter of time before your ignorance rears it’s ugly head.

    Just can’t come to terms w/the way you’re friends sold you out. But of course, it means more to be in the progressive crowd then to protect your own dignity.

    Remember, when you criticize and insult me, you are doing so to yourself. After all, AY compared your style to mine w/no objections from those in your crowd.

    Don’t believe me?

    2 July 2009 @4:06

    But yes, oh progressive, wallow in your ignorance and hypocricy.
    Your continued biting of my bait only reinforces and amuses me all the more.

  13. sicilian1 1, July 6, 2009 at 10:43 pm

    patty c,

    Don’t want to admit that who you perceived (percieved) [sic] to be your friends would so readily stab you in the back and use you as fodder for their own purposes.

    ****************************************

    Look buddy, take your crap elsewhere. We may fight amongst ourselves. And some may have different feelings about other, but please take your crap elsewhere. I know you need the attention and slarti has even tired of you so direct all of you amine at me, can you?

    I suggest that if you do not, you will maybe not like all of the other consequences embellished on this blawg.

  14. bzzzzzzzzzzzzzt

    BZZZZZZZTTTT

    ZAP!

    plink.

    bzzzzzzzzzzt

    BZZZZTTTTTTTT

    I didn’t know they made insect zombies.

  15. Mespo,

    Yes, oh psuedo intellect.

    Continue to ignore youe deficiencies the better to convince yourself and those sychophants of your ilk that you are what you think you are and you are who they congratulate you to be.

  16. patty c,

    Don’t want to admit that who you percieved to be your friends would so readily stab you in the back and use you as fodder for their own purposes.

    Remember as you yuck it up that they will cut you loose when the opportunity presents itself.

    You show your progressive tendencies. Of course you’re not mad b/c you will probably do the same when the opportunity presents itself to you.

  17. Patty C:

    I hear those trombones coming up in the background too. Anyway, pretty quiet around here. Suffering through a kitchen remodel at our home–I call it my own little stimulus package–and getting ready for the appliance install. I am shedding tears because my Wolf range is out of commission for a while and I’m microwave/takeout pizza bound.

  18. snore…

    Isn’t that a brass band, I hear, too?

    p.s. Weekend was dark and stormy but loose as a goose. How about you?

  19. Patty C:

    Did you hear a buzzing around here? I think it’s the rare self-congratulatory jackass fly (stupidus et extremis). Annoying, pestering, but ultimately easy to swat and of little consequence. How’s your holiday weekend?

  20. MESPO,

    The progressive who tries to affirm the consequent with an obvious example that did not in fact affirm the consequent b/c he did not include a consequent to affirm in the first premise.

    More psuedo-intellectual tricks. Then they congratulate themselves and get vicious in there attacks.

Comments are closed.