> RoMunn wrote:
> Coleman just sued *today* to contest the recount results.
>

::sigh::

For, like, the 4th time.  And the entire analysis of why he's suing is
contained above but, because I like you, I'll summarize it here:
--
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.

Coleman's claim is 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.

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.

Coleman, then, seems to be adopting something of an underwear gnomes strategy:

1. Force Franken to go to court to get the absentee ballots counted;
2. ???
3. Profit!

http://en.wikipedia.org/wiki/Gnomes_(South_Park_episode)

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