Posted on 10/26/2002 7:32:05 AM PDT by Valin
It's unclear whether voters will see Sen. Paul Wellstone's name on the ballot Nov. 5. The Democratic-Farmer-Labor Party has until Fridayto choose a successor whose name will appear with the names of all other candidates for the U.S. Senate on a separate ballot.
A similar situation happened in 1990, when Republican John Grunseth dropped out of the governor's race in late October. Arne Carlson succeeded him on the ballot, the courts upheld it and Carlson was elected and went on to serve two terms.
But if the DFL does not nominate a candidate, Wellstone's name will remain on the ballot and Gov. Jesse Ventura could then choose a successor who will serve until 2004. Ventura can also appoint a short-term successor, but that person will not serve past January, when the new senator is sworn in. Such an appointee would take office after the state ratified the election results in the second week of November. Ventura said at a news conference Friday that he would not appoint himself, nor would he discuss a successor.
Secretary of State Mary Kiffmeyer said that absentee ballots that have already been mailed won't be changed, and absentee votes cast in the Senate race will not count — unless the voter casts a ballot in person on Election Day.
However, Minnesota law states, "Absentee ballots that have been mailed prior to the preparation of official supplemental ballots shall be counted in the same manner as if the vacancy had not occurred." That means an absentee vote cast for any Senate candidate would still be counted. If that vote were for Wellstone, it would be counted for the senator even though he is dead.
Attorney General Mike Hatch said Friday he believed state law is such that DFL leaders have to choose within the next seven days whether they will name a new candidate or go through the election without a Democrat on the ballot.
Other lawyers — notably Peter Wattson, counsel to the state Senate — said they read the same law to mean that if DFL leaders could not agree on a successor, or chose not to name one, Wellstone's name would remain on the ballot. Then, if Wellstone won, Ventura would name a successor, who would serve until a special election in 2003 or perhaps '04. Hatch strongly rejected that interpretation.
Kiffmeyer said more than 90,000 absentee ballots were cast four years ago.
Hank Shaw covers elections and money in politics. He can be reached at hshaw@pioneerpress.com or (651) 228-5257.
That's my guess also...
Here is where the big fight could be if the election is close:
Absentee ballots.
So, the Democrat party does have the right to substitute a candidate under these circustances, up to four days before the election. Supplemental ballots are created for the race with the substitution, but, per legislation, nothing is done about absentee ballots (which I assume for the moment have all been mailed). The absentees are counted "as if the vacancy had not occurred," which seems to mean that Coleman votes therein will count for a valid candidate, but that Wellstone votes will count for Wellstone, i.e. not for any candidate still in the race.
Prediction: If the election turns out to be close, the Dems will insist "it's only fair"TM to ignore the law and count absentee Wellstone votes as votes for the substitute candidate. If it should turn out to be pivotal, there will be a huge stink about this.
"It's Only Fair" is a trademark of the Democratic National Committee and is NOT licensed for use by the Republican Party. Such use is expressly forbiden to it and all its agents, associates, candidates or supporters thereof.</FONT
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