> GG wrote:
> In the meantime I'll continue to bombard you with pesky facts.
>

The Good News for Coleman...

....is that the Minnesota Supreme Court's order (.pdf) today didn't
make any judgment whatsoever about the merits of Coleman's case on
absentee ballots. It merely said that the time to resolve these things
is during an election contest, not during the recount itself. And
since there's an election contest coming, Coleman's argument will get,
quite literally, its day in court.

Coleman's problem, however, is not so much that his argument is
legally unsound but that it's not especially likely to benefit him
even if the Court rules in his favor. The Court had previously asked
the counties to double-check their absentee ballots and identify any
that might have been rejected in error; the counties did that, and
came up with a collective 1,300 or so. The process the Court set up
required both campaigns to agree on a ballot before it was counted,
and about 400 ballots were vetoed by one or the other campaign. The
other 900 were forwarded to the Canvassing Board and were counted on
Saturday.

My guess is that the 400 vetoed ballots have a pretty strong chance of
being counted at some point. (Will they benefit Coleman? Given that
the absentees that were counted went strongly for Franken, the odds
are probably not.) But this is not the subject of Coleman's claim --
instead, he's stating that there are some 650 additional erroneously
rejected ballots that the counties missed during their sweep of
absentees.

What Coleman wants the Court to do, in other words, is to order that
the counties re-re-examine their absentee ballots. What might happen
if that takes place?

First of all, I doubt that very many of the ballots on Coleman's list
of 650 are going to be found to have been rejected improperly.
Remember, the counties have already sorted through their absentees at
least twice -- once on Election Night, and then a second time in
accordance with the court order. Some counties, in fact, have even
gone through their absentees a third time in accordance with the
wishes of the Coleman campaign, and where they have, such as in Ramsey
and Pipestone counties, the counties found that all the ballots on the
Coleman list had been rejected properly. The process is somewhat
analogous to vacuuming your floor; you aren't going to gobble up
nearly as much dust on your second sweep through the living room as
you did the first time around, even if you'd done a haphazard job. So
this is problem #1 for Coleman. His list of 650 ballots is going to be
significantly pared down, and will probably wind up closer to 65 than
650.

Secondly, those absentee ballots are sealed, so we don't know how many
of them will turn out to be votes for Coleman. Presumably, the Coleman
campaign thinks that the ballots are more likely than not to favor
him, or he would not have included them on his list. But "more likely
than not" might mean 50% Coleman ballots, 35% Franken ballots, and 15%
other. If all 650 ballots were counted with those percentages, Coleman
wouldn't get more than a 98-ballot net gain, less than half of his
present deficit with Franken.

And thirdly, precisely because the ballots on Coleman's list are
likely to favor Coleman, that also means there is some undetermined
number of ballots that were also rejected in error but which are
likely to favor Franken. Let's say that the Coleman campaign is
sorting through a spreadsheet of rejected absentee ballots, and
identifies one from Stanley Terwilliger of Eden Prarie, Minnesota, who
has voted Democratic in every election since 1964, contributed $2,300
to the Franken campaign, and once got in an ice hockey brawl with Norm
Coleman's twin brother Lars. Is that ballot going to make Coleman's
list? Uh, probably not. But if the Court ordered a comprehensive
re-recounting of the absentee ballots, it probably would get swept in
-- and would turn out to be a Franken ballot.

Let's be frank: Norm Coleman doesn't have much of a future in
electoral politics. Defeated Presidential candidates sometimes have
nine lives, but defeated Senatorial candidates rarely do, and in his
career running for statewide office, Coleman has lost to a
professional wrestler, beaten a dead guy, and then tied a comedian. He
doesn't have much to lose by fighting this to its bitter conclusion.
But it's hard to envision how he'll come up with enough ballots to
overtake Franken.

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