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01.20.09 PIM: LETTER WARNS MINNEAPOLIS ELECTION JUDGES THEY COULD BE PULLED INTO COLEMAN LAWSUIT PROCEEDINGS - - How messy and protracted do officials expect the litigating of Norm Coleman's recount lawsuit to become? Here's one clue: Minneapolis citizens who served as election judges last November have received a mass mailing from elections director Cynthia Reichert(1) warning that they could be draged into the litigation by lawyers for Coleman or Al Franken. The letter states “As an individual who served as an election judge, chair judge, precinct suport judge or absentee ballot board member in one of the disputed precincts, you may be contacted by lawyers for either Norm Coleman or Al Franken's campaign. You are not required to speak to the lawyers for either campaign, but you are free to do so. They attorneys may wish that you provie an affidavit, submit to a deposition, or both. In the event you are asked to sign an affidavit, attend, a deposition, or have any other questions about the process, please contact Peter Ginder or Lisa Needham at the Minneapolis City Attorney's Office.”
- - (1) The Coleman campaign has experienced problems with Cynthia “in the tank for Franken” Reichert’s conduct in the counting and recounting of ballots per legal letters sent to her and the Minnesota Canvassing Board. – FlA

01.20.09 Alexandria Echo Press, MN: COLEMAN-FRANKEN SENATE ELECTION TRIAL TO START -- A three-judge panel presiding over Norm Coleman’s election lawsuit on Friday set a brisk timeline for legal filings leading up to a Jan. 26 trial opening. On Wednesday, the panel will consider a request by Al Franken to throw out Coleman’s lawsuit. Coleman is challenging the election results that gave Franken 225 more votes out of about 2.9 million cast. The order came after the district court judges -- Kurt Marben of Pennington County, Elizabeth Hayden of Stearns County and Denise Reilly of Hennepin County – met behind closed doors with campaign attorneys. Coleman’s campaign had suggested a February trial date. Franken wanted proceedings to begin sooner. Key Coleman complaints about the election are that the process used to consider absentee ballots was flawed and that some votes were counted twice. Those are issues the three judges will consider. The scope of the election contest broadened Friday when the Supreme Court ordered that the judicial panel also should consider a case filed by 64 Franken supporters whose absentee ballots were not counted in the election. The voters petitioned directly to the Supreme Court, but Justice Alan Page said their issue is better left to the panel hearing the election contest. The trial will be held at the Minnesota Judicial Center near the Capitol. Minnesota media outlets have asked the judges to allow cameras and audio recording devices in the courtroom. No decision has been announced.

CASE CONTINUES AS CANDIDATES COURT DONORS
The Bemidji Pioneer by Scott Wente, Minn. State Capitol Bureau
Wednesday, January 20, 2009

The U.S. Senate campaigns are in court while the candidates are in Washington. As courtroom proceedings begin in Norm Coleman’s case tomorrow challenging the Senate election results, Coleman and Democrat Al Franken are in the nation’s capital, separately, meeting with supporters and donors. Coleman leaves for Washington tomorrow to meet with colleagues, fund-raisers and others, spokesman Mark Drake said. Coleman “will also discuss how double-counted votes, missing ballots and a lack of uniform standards regarding absentee ballots have given Al Franken an artificial lead.” Franken is wrapping up a several-day trip to Washington, which included inauguration-related activities, a military hospital visit and a high-dollar fund-raiser. Franken returns to Minnesota Thursday, spokeswoman Jess McIntosh said.

Tomorrow, the candidates’ attorneys will go before the three-judge panel considering Franken’s request to dismiss the Coleman election challenge. Franken attorneys argue the judges do not have jurisdiction over the issues raised in Coleman’s filing. They also claim Coleman’s challenge is too vague. Franken emerged from a statewide ballot recount with 225 more votes out of nearly 2.9 million cast. Coleman led on election night. Coleman, a Republican seeking a second Senate term, is challenging the recount results because he said some valid votes were not counted while others were counted twice.

If the three judges decide not to dismiss the case, they will preside over an election trial beginning Monday. Coleman’s attorneys have stressed that several ballot issues should be examined closely in the trial because of flaws and irregularities on Election Day and during the recount. Absentee ballots could loom large. An estimated 12,000 absentee ballots were rejected in the election, but some were improperly rejected for reasons not set out in state law. More than 900 of those were opened and counted during the recount, but Coleman attorney Fritz Knaak said the campaign wants all 12,000 reviewed for possible counting during the trial. The campaigns have spent weeks preparing for the court proceedings, which could take weeks or longer. Coleman’s campaign sought lists of Election Day poll workers and precinct voter rolls and planned to interview local election officials leading up to the trial’s start.

Minnesota Attorney General Lori (Soros Puppet–TAB) Swanson(D) filed a motion Tuesday attempting to block Coleman attorneys’ attempt to interview state Elections

Director Gary Poser, who helped administer the recount. Election contest proceedings will take place in a Minnesota Judicial Building courtroom, near the Capitol. The three district court judges appointed to preside over the case are Elizabeth Hayden of Stearns County, Kurt Marben of Pennington County and Denise Reilly of Hennepin County.

A separate lawsuit filed by Franken remains before the Minnesota Supreme Court. Franken wants the justices to order that he be given a signed election certificate, even as the election contest remains unresolved. The election certificate, which Gov. Tim Pawlenty and Secretary of State Mark Ritchie refused to sign before the election lawsuit plays out, could allow Franken to be seated in the Senate. The high court set a Feb. 5 hearing on that request. The campaign claims the failure to issue an election certificate “impermissibly encroaches on the Senate’s authority” to seat its members. “On Nov. 4, the citizens of Minnesota elected a senator,” Franken attorney David Lillehaug wrote in a Tuesday filing. “Over two months have since passed ... Yet to this day, only one senator sits from Minnesota.”

TAB