Voters upset over absentee ballot rules [fallout from Wellstone's death]

AP via the West Central Tribune ^ | October 29, 2002 | Ashley H. Grant

[jpthomas]

ST. PAUL - State officials on Monday affirmed absentee voting rules that will inevitably keep some people's votes from counting in the state's U.S. Senate race. Some enraged voters threatened lawsuits.

Both Secretary of State Mary Kiffmeyer, a Republican, and Attorney General Mike Hatch, a Democrat, acknowledged that lawsuits are possible if the election is close. In the wake of Sen. Paul Wellstone's death, Republican Norm Coleman will take on a replacement candidate, expected to be Walter Mondale.

About 93,000 Minnesotans, equal to about 4.4 percent of those voting, voted absentee in 1998, the last non-presidential election year. In a close race, the absentee ballots could be the difference.

"I will not be disenfranchised," said Barbara Beaumont, who voted absentee so she can serve as an election judge in a different precinct on Election Day. "This ain't Florida."

"Where is integrity?" fumed Chet Nettlestad, a Wellstone supporter who voted absentee because of a planned elk hunting trip in Colorado. Both Beaumont, of Rochester, and Nettlestad, of Pelican Rapids, said they planned to sue.

Meanwhile, delay in knowing the outcome of the race was certain. Supplemental ballots will have to be hand-counted, and Kiffmeyer said results would be pushed back hours. That raises the prospect that the winner of a race that could determine control of the Senate wouldn't be known until Wednesday - or later.

Hatch and Kiffmeyer ran through various scenarios outlined earlier:

People who haven't requested an absentee ballot may do so at any time. If the ballot still contains Wellstone's name, a voter who wants to vote for a Democrat can write in the new candidate's name.

People who request ballots after the Democratic Party nominates a new candidate Wednesday will also get a supplemental ballot that lists only the Senate race, including the new candidate's name.

People who already sent in an absentee ballot with a vote for Wellstone and want to change that vote can go into their county auditor's office to request a supplemental ballot between the time Democrats nominate a new candidate and Election Day.

People who already sent in an absentee ballot may vote on Election Day; that ballot will replace their absentee ballot.

People who have already sent in an absentee ballot and can't go in person to their county auditor's office after a supplemental ballot is issued, and cannot vote on Election Day, will not be able to cast a new vote in the Senate race. Their votes in other races will be counted.

Guy-Uriel Charles, an election law professor at the University of Minnesota, said the situation presented "an interesting constitutional issue."

"It's an equal protection issue," he said. "If you voted for Wellstone, your vote is not going to count; whereas, if you voted for Coleman, your vote will count."

Unlike some states, in Minnesota, people must have an excuse to vote absentee, such as being disabled, ill, having religious beliefs that will keep them from the polls or plans to be out of the precinct that day.

Election officials have received hundreds of calls in recent days from voters, asking what their options were.

Hennepin County Auditor Patrick O'Connor said he's concerned that people who have already sent in their absentee ballot and can't go to a polling place in person will lose their voting privilege.

"There's nothing we can do for those people," O'Connor said.

In 2000, the county had 42,000 absentee ballots filed, with nearly 75 percent returned more than a week before the election, O'Connor said. He expects a similar timetable this year.

Sally Sawyer, executive director of the League of Women Voters' state office, said the organization has been inundated with calls.

"A lot of people who are homebound and can't go to the polls on Election Day," Sawyer said. "It is going to be a problem there's no question about it."

On a separate note, Kiffmeyer and Hatch agreed Monday to change instructions on the supplemental ballot to make it clear that voters should only select one candidate.

[jpthomas]

What do the whiny Democratic voters who intend to sue want the election officials to do? Divine the intent of the voters?

[PhiKapMom]

You have that right! That is exactly what they want! Better yet, they probably would prefer no election -- just annoint Mondale!

[pchuck]

They can be upset, but that is the law. That is the way the statute was written and it was written that way intentionally after the 1980 election. I don't think the Minnesota Supreme Court is as shady as the New Jersey Supreme Court.

[Always Right]

"Where is integrity?" fumed Chet Nettlestad, a Wellstone supporter who voted absentee because of a planned elk hunting trip in Colorado.

A Democrat elk hunter???

[Blue Screen of Death]

"Where is integrity?" fumed Chet Nettlestad, a Wellstone supporter who voted absentee because of a planned elk hunting trip in Colorado.

A Wellstone supporter going to kill a warm fuzzy animal with an evil gun? Doesn't this jerk realize that Wellstone and his liberal buddies do not want him to hunt, own a gun, or take a vacation when he could work extra to pay more taxes?

[Dog Gone]

The Democrats are intentionally delaying the announcement of Mondale as the replacement candidate in order to make the problem potentially worse.

[TruthShallSetYouFree]

I don't think the Minnesota Supreme Court is as shady as the New Jersey Supreme Court.

Tony Soprano and the gang at The Bada Bing Club are not as shady as the New Jersey Supreme Court.

[Senator_Blutarski]

"Where is integrity?" fumed Chet Nettlestad, a Wellstone supporter who voted absentee because of a planned elk hunting trip in Colorado.

Apparently Chet and Barbara have time to talk to reporters, but don't have time to drive to the county courthouse to get a new absentee ballot. And, of course, the reporter can't make that connection either.

Jackasses!!

[southernnorthcarolina]

With respect to early voting, you have to make a choice. Your candidate may indeed have assumed room temperature before election day, in which case your vote may be wasted. On the other hand, you may pass on to the great beyond before 11/5 (hey, it happens, unpleasant though the thought may be), in which case you'll have cast a legitimate vote as a dead person.

[GeoPie]

The sad thing is that all those that voted for Wellstone by absentee can go back and cast a new vote for senator! If they have a problem thay can fix it!

[linn37]

if its so important for the hunter to vote he can postpone his trip!(ducks for cover)

[Always Right]

Apparently Chet and Barbara have time to talk to reporters, but don't have time to drive to the county courthouse to get a new absentee ballot. And, of course, the reporter can't make that connection either.

Yeah, and a good thing for their lawsuit is that they admitted knowing all this prior to the election. DemoRats need to find a couple new people so they can plead ignorance.

Jackasses!!

Goes without saying.

[meenie]

Another problem you have is that the Democrats can cast two votes for their Senator and the Republicans can only cast one vote. Life just isn't fair! Neither is death!

[y2kdawgg]

People who haven't requested an absentee ballot may do so at any time. If the ballot still contains Wellstone's name, a voter who wants to vote for a Democrat can write in the new candidate's name.

People who request ballots after the Democratic Party nominates a new candidate Wednesday will also get a supplemental ballot that lists only the Senate race, including the new candidate's name.

People who already sent in an absentee ballot with a vote for Wellstone and want to change that vote can go into their county auditor's office to request a supplemental ballot between the time Democrats nominate a new candidate and Election Day.

People who already sent in an absentee ballot may vote on Election Day; that ballot will replace their absentee ballot.

I'm sure all this will run perfectly.... yeah, right! This makes the "butterfly ballot" in Florida look like a f#@%ing walk in the park.

[ATOMIC_PUNK]

"I will not be disenfranchised," said Barbara Beaumont, who voted absentee so she can serve as an election judge in a different precinct on Election Day. "This ain't Florida

LETS LOOK AT FRANCHISED FROM THE DICTIONARY
fran·chise   Pronunciation Key  (frnchz)
n.

1. A privilege or right officially granted a person or a group by a government, especially:
   1. The constitutional or statutory right to vote.
   2. The establishment of a corporation's existence.
   3. The granting of certain rights and powers to a corporation.
   4. Legal immunity from servitude, certain burdens, or other restrictions.
2. 1. Authorization granted to someone to sell or distribute a company's goods or services in a certain area.
   2. A business or group of businesses established or operated under such authorization.
3. The territory or limits within which immunity, a privilege, or a right may be exercised.
4. A professional sports team.

tr.v. fran·chised, fran·chis·ing, fran·chis·es

To grant a franchise to.

NOW DISENFRANCHISED

dis·en·fran·chise   Pronunciation Key  (dsn-frnchz)
tr.v. dis·en·fran·chised, dis·en·fran·chis·ing, dis·en·fran·chis·es

To disfranchise.

---

disen·franchisement (-chzmnt, -chz-) n.

disenfranchised

adj : deprived of the rights of citizenship especially the right to vote [syn: disfranchised, voteless] [ant: enfranchised]

Seems to me funny that franchised can mean so many things and that disenfranchised can mean only one thing!

[ffrancone]

IT'S 7 DAYS UNTIL THE ELECTION.

WILL IT STILL BE HER SENATE?

GOOD INTENTIONS DON'T WIN ELECTIONS.
ACTION DOES. ACT TODAY.

TakeBackCongress.org

A resource for conservatives who want a Republican majority in the Senate

[ambrose]

The alternatives would be:

1. Throw out ALL absentee votes. This would have the effect of voiding valid military votes. It would also be extremely unfair to the candidate who did not die.

2. Not allow candidate switches after absentees are printed (like in NJ... but the Kangaroo Court ignored that law anyway). This would force a dead man to run for election.

3. Delay an election by a few weeks when a candidate dies. We don't delay elections in the USA. Bad precedent. Moreover, do we delay an election if a member of some obscure third party croaks?


It seems like the current law in MN is quite balanced. The Democrat Attorney General in MN said he will fight any lawsuits which attack this law and has practically begged the Democrats to name their replacement quickly to avoid further problems.

[dpwiener]

They can be upset, but that is the law.

They are also going to find it extremely difficult to challenge the law in court. Minnesota law is actually very specific and very clearly written, so re-interpreting it will be far more difficult than in New Jersey. But the biggest problem for the Democrats will be finding a plaintiff who has been materially damaged. As the article explains, anyone who has already voted by absentee ballot has several options for resolving that problem so they can vote for Mondale. Judges are going to want to know why the named plaintiffs failed to avail themselves of those remedies. And ignorance will not be a good excuse, given the enormous amount of publicity surrounding Wellstone's death.

[jdege]

What's really pissing them off is that the ballots that are going out right now still have Wellstone's name on them.

The DFL asks:

Can't you wait?

No. The law requires that they be sent out promptly.

And it's not the SOS's fault that the DFL decided to wait most of a week before selecting their replacement.

[Corin Stormhands]

BTW, isn't Mondale about the same age Reagan was when Mondale (or at least the debate moderator) tried to make age an issue?...and Reagan so skillfully turned it around by saying "I will not attack my opponent's youth..."