Posted on 11/26/2008 3:13:41 PM PST by chessplayer
The Coleman campaign has just issued the following press release that confirms the nightmare scenarios sketched out by John Fund in his Wall Street Journal column today:
ST. PAUL - Hours after the Franken campaign failed to convince the Minnesota State Canvassing Board to intervene on its behalf, Senate President Harry Reid (D-Nev) supported Franken's attorney's statement that they are prepared to take the Minnesota election to the U.S. Senate for a decision.
Later Wednesday afternoon, Reid opened the door for Senate intervention into the Minnesota election processing, saying: "Today's decision by the Minnesota Canvassing Board not to count certain absentee ballots is cause for great concern." Reid made the statement in a release from his official U.S. Senate office.
"This is a stunning admission by the Franken campaign that they are willing to take this process away from Minnesotans if they fail to win the recount."
The Minnesota Supreme Court has held that the ability of an absentee voter to cast their ballot by mail is a privilege, not a right. Bell v. Gannaway, 227 N.W.2d 797, 802 (Minn. 1975). Since it is a privilege granted by the state legislature, the legislature may mandate the conditions and procedures for such voting in order to preserve the enfranchisement of qualified voters and of the secrecy of the ballot, the prevention of fraud, and the achievement of a reasonably prompt determination of the result of the election, which have been vital considerations in the development of absentee voting legislation. Id.
As stated by the Minnesota Supreme Court in Wichelmann v. City of Glencoe, 273 N.W. 638, 639 (Minn. 1937):
“The purpose of an election is to ascertain the will of the electorate. In order to secure a full and complete expression of the popular will, it is necessary not only that all voters who are qualified be permitted to vote, but also that only those who are entitled to vote be permitted to do so, and that a proper count and return be made. Laws relating to the registration of voters, secrecy of the ballot, and counting and returning the results of elections are designed to give the fullest expression to the will of the electorate at the polls and at the same time prevent illegal voting, frauds, and dishonesty in elections which frequently have defeated the will of the voters. The general election law provides that voting shall be by ballot in person in the regular polling places in the election districts. The absent voters law provides a way for voting by mail in cases in which the voters are absent from the district or are physically unable to go to the polls in person.
“The lawmaking power, being fully cognizant of the possibilities of illegal voting, frauds, and dishonesty in elections, prescribed many safeguards in the absent voters law to prevent such abuses. While the purpose of the statute is to extend the privilege of voting, its provisions clearly indicate an intention not to let down the bars necessary for honest elections. Absentee voting is an exception to the general rule and is in the nature of a special right or privilege which enables the absentee voter to exercise his right to vote in a manner not enjoyed by voters generally. By the terms of the statute it is purely optional with the absentee voters whether they shall exercise the rights and privileges conferred upon them. If an elector decides to exercise the privilege of absentee voting, he can register and vote, by the terms of the law, only 'by complying with the provisions' thereof.”
As a result, and in order to preserve the purity and integrity of elections, all of the substantial requirements of the absentee voter statutes must be held as mandatory, and those voters who vote under these provision must be held to strict compliance therewith. Bell, 227 N.W.2d at 803. This includes casting a properly witnessed ballot. If an absentee or mail voter fails to comply with the standards set out by the legislature, their vote is to be rejected. Wichelmann, 273 N.W. at 640. The outcome of an election should rest upon ballots received according to law and should not be determined by illegal votes. Johnson v. Trnka, 154 N.W.2d 185, 187 (Minn. 1967).
We are officially a banana republic, and the only thing that will stop ACORN and the radical leftists is a revolution.
Are you kidding? The democrats & media haven't stopped crying about the election in 2000 the republicans didn't steal.
Reid can eat sh*t and die.
There were a couple of cases in recent decades where the Democrat-controlled Congress refused to seat Republicans who had won extremely close victories and gave the seat to the Democrat. I don't know if they can get away with it in this case without a filibuster-proof majority (and even the RINOs would presumably vote with their own party on an issue like this), and they need both this seat and the one in Georgia to get to the magic number of 60.
What would stop them, I guess, is if the people of Minnesota were convinced that Coleman had won.
That was the Supreme Court enforcing the law, not the Republicans. The Republican Party is above those kind of acts.
re-read my comment.
None that I know of, but I'm not no fancy pants lawyer neither. The Constitution leaves the election of senators up to the States. I don't see anything giving them the authority to override state law. I think they're blowing smoke.
Excellent. Thanks.
Reid wouldn’t dare...not with this set of facts. He’d be made to look like the lying, deceitful cheat that he is.
Criticism and derision? From who? The MSM will just gush over how much courage Reid had and then bury the rest of the story on page 26.
If Coleman is still leading after the recount and after the challenges are heard, I don’t see how the people of Minnesota could stand for the U.S. senate coming in and intervening in a state election. What is the logic? (Beyond hyper-partisan Democrats wanting to win at any cost). Reid is not winning ANY friends in the U.S. senate by these tactics.
I don’t care what Reid says. If Coleman leads after the recount and the challenges (which is likely), he will be sworn in. I can’t believe the people of Minnesota would allow the U.S. senate to overturn an election.
Ditto.
I can’t wait to donate to Reid’s challenger in 2010. This guy is worse than Puff Daschle.
Remember, to a Democrat, something is "fair" only when the Democrat wins.
But this time...the numbers will make a difference in the balance of power. I guess it doesn’t matter to the American Public..they voted for Obamanazi and didnt care about his dubious background.
“Bring it on. Reid will regret it.”
And how is that, the MSM will cover for him, and it will be hailed as the correct thing to do by all the Lib pundits. The only hue and cry will be from the Republican base, who will be in large part ignored by the RINOS. The Republican Leadership will be to busy dropping their drawers and bending over to do anything about it.
What do you think we are going to do. Turn Klobachar out at the first opportunity and support the Republican presidential candidate in 2012? Doubt it. Governor Pawlenty would invite Senator Franken over for tea to discuss global warming and the implementation of socialized medicine.
I don’t understand your comment.
I dont think so. There is a big difference between Obama and Reid. The MSM loves Obama. Nobody loves Reid.
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