Does rule of law trump right to vote?

  • Article by: KEVIN DUCHSCHERE , Star Tribune
  • Updated: December 10, 2008 - 8:15 PM

The Canvassing Board will meet Friday to discuss what to do about the rejected absentee ballots --and those 133 Minneapolis ballots.

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drichDec. 10, 08 9:32 PM

why shouldn't they be counted? The voters did everything right but someone else mistakenly rejected their votes. Those votes should count.

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stienwaysoDec. 10, 08 9:33 PM

The lost ballots are an intractable problem, and when minneapolis called off the search, it took the outcome of the election from state officials and handed it to the federal government. Such a waste, the recount, and the voting, just to have people from outside the state decide who will represent us. Oh well.

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jesseventuraDec. 10, 0810:09 PM

"It's a recount debate that seemingly pits the right to vote against the rule of law: When, if ever, do you count absentee ballots that were rejected by mistake and should have been included in the Election Day results to begin with?" [Um, Kevin, I don't think "rule of law" means what you think it means...] "DFLer Al Franken, who has trailed Republican Sen. Norm Coleman in every tally except his own, . . ." [Gee, Kevin, editorialize much?] [I don't know anything about Duchschere, but it was entirely unsurprising, in light of this absurd attempt at a news article, that a google search of his name turned up, in the first 10 hits, a 2004 powerline blog post showering him with praise and excerpting a personal email in which Duchschere falls all over himself trumpeting his own Fox-style fair-and-balanced reportage of Patty Wetterling's congressional campaign...] [Just shoot me now...]

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METRO6373Dec. 10, 0810:12 PM

I'm emabarrassed to admit I was a classmate. You have disgraced us all! Try Illinois . . .I hear there's an auction on the open Senate seat there - should be right up your alley!

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tmess2Dec. 10, 0811:43 PM

There are two different legal questions here -- 1) what is the authority of the canvassing board about rejected ballots 2) should erroneously rejected ballots be counted. The debate is about the first issue not the second issue. There is a difference between a recount and an election contest. If the ballots are erroneously rejected, they will be counted if an election contest is filed. The more important issue is why should an election contest need to be filed to count such ballots. That, however, is a question for the next legislature. For now the question for the canvassing board is whether the statutes governing their role in the process allow them to make this decision or must it be deferred to a court. I think the four judges on the board have made it clear that their decision on this issue is purely jurisdictional and has nothing to do with whether the ballots would be counted in an election contest.

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toolman28Dec. 11, 08 6:46 AM

I believe Coleman is from NY - Al was born here - try to at least get your rants correct

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sunshine123Dec. 11, 08 6:49 AM

is "that were rejected by mistake" When is one persons legal vote more or less important than anothers? It shouldnt be. The question here is more about why one party would not want all legal votes counted? The recount should be counting all legal ballots to determine an actual winner by the majority of legally cast ballots. this is the Franken position and it's reasonable, fair and logical. Now then a precint turns in 4 envelopes labeled 2 of 5, 3 of 5, 4 of 5 and 5 of 5, and the recount comes in 133 votes less than the original count. When the officials freely admit (after half baked explainations) there here should be 5 envelopes, when one campaign continues to question whether those existed, when the average change in vote count per precinct is under 5, well let's be honest, no one in the Coleman campaign really truely believes that those ballots were not lost. They just want to disenfranchise a few hundred MORE voters as it gives them an addition 46 count lead... the original count should stand as precedent states.

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jk7761Dec. 11, 08 7:18 AM

before you do a story about peoples 'right to vote'. Try talking to a constitutional law attorney and he will tell you there is no constitutional right to vote. Get the facts. And a personal opinion. If you are too stupid to follow directions and fill in the little bubble. Your vote shouldn't be counted. The dems brought this on themseves by pushing the limits of the laws and encouraging people to vote early who had no reason to.

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jastkeDec. 11, 08 7:24 AM

...is to count every LEGALLY CAST vote. The decision about which ballots were legally cast will (and must) be decided by the courts and not the canvassing board because it is possible that some of the laws regarding the disputed ballots could turn out to be unconstitutional. This issue goes way beyond deciding who happens to be the winner of the Senate seat in this election. I think this could very well be taken up by the U.S. Supreme Court before it's over.

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deerwoodDec. 11, 08 7:24 AM

And how do we "uncount" the erroneously accepted ballots that should have been excluded?

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