Monday, January 05, 2009

MN SC rejects Coleman's lastest challenge

Per the Minn StarTribune the MN Supreme Court rejected Coleman's latest move to count absentee ballots Coleman claims were wrongly rejected.

As a result, the MN Canvasing Board will declare Al Franken the winner of the Senate race today. But it doesn't end here. The MN SC did not rule of the merits of Coleman's claims, but rather held that his claims were premature and should be raised in an election challenge after the certification. Coleman has 7 days from certification in which to file a lawsuit.

And MN law apparently does not permit a final certification of the election until any legal challenges have been resolved, which means any lawsuit could delay the seating of a Senator for weeks.

The good news is that having lost the race, Coleman has a heavy burden to overturn the election. The only Coleman claim that could possibly net him sufficient votes in a challenge is his allegation that additional abesentee ballots were wrongly rejected for errors. His problem with this contention is that none of the various MN government officials involved agree with him.

Despite Coleman's insistence today that they will file a judicial chellenge, my guess is that in the next week to 10 days Colman will concede. There's no upside for Coleman to be a poor losser if there's no real chance of success.

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