Monday, April 13, 2009

Unanimous MN court rejects Coleman contest

The AP Reports,
"The overwhelming weight of the evidence indicates that the November 4, 2008, election was conducted fairly, impartially and accurately," the judges wrote. "There is no evidence of a systematic problem of disenfranchisement in the state's election system, including in its absentee-balloting procedures."
Coleman has 10 days to appeal to the MN Supreme Court, which he vowed to do weeks before he actually lost.

TPM reports that the MN SC will have an problem with quorum to hear the appeal. Two of the judges served on the canvassing panel now affirmed by the special 3 judge trial court and have recused themselves from previous decisions re this contest. A third judge, Christopher Dietzen, donated to Norm Coleman 5 years ago (years before Franken announced). This leaves only 4 judges to decide the case, including the judge who appointed the 3 judge panel. Will Justice Dietzen ask Franken to waive any conflict, and would Franken do so? What happens if only 4 judges are left to hear the appeal? Don't know if MN rules have a quorum requirement, but I do know that a tie would affirm Franken's win.

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