A day after judges in the Senate recount trial heard about Norm Coleman resisting even valid absentee ballots when he was ahead in the race, they were told Thursday that Al Franken pushed for counting even flawed ballots when he was behind.
When Franken was trailing during the early stages of Minnesota's U.S. Senate recount, the panel was told, he stressed that voting absentee was a constitutional right.
"Even where a ballot does not meet all of the statutory requirements, mere technicalities or irregularities cannot be used to exclude absentee ballots," a Franken lawyer wrote in November to state elections officials. "As a general rule, as long as there is substantial compliance with the laws and no showing of fraud or bad faith, the true result of an election should not be defeated by an innocent failure to comply strictly with the statute."
Franken's interest in counting every valid absentee ballot was highlighted Thursday by the Coleman campaign during the fourth day of its court fight to overturn Franken's 225-vote lead. The state Canvassing Board certified those results on Jan. 5, after counting 933 previously rejected absentee ballots, which had added to a 49-vote advantage that Franken had recently attained..
Now Coleman wants to review as many as 11,000 other rejected absentee ballots, contending that many of those also were wrongly discarded because of innocent errors. The Franken campaign has accused him of conducting a "fishing expedition."
Each side's arguments
After Thursday's hearing, Coleman lawyer Ben Ginsberg argued that "the Franken campaign was all for bringing in rejected absentee ballots" when it helped their case, but now that they don't need them, "they are against bringing in the wrongly rejected absentee ballots."
But Franken attorney Marc Elias said his campaign's legal filings last year don't contradict its more recent assertions. "We've always said that the vast majority ... of rejected absentee ballots were properly rejected," Elias said.