Minnesota Supreme Court will Hear Absentee Ballot Case

KARE - 11 Minneapolis NBC Affiliate ^ | 10-29-02

[Oldeconomybuyer]

The Minnesota DFL Party is suing over the way absentee ballots will be handled in the U.S. Senate race following the death of Senator Paul Wellstone — and the Minnesota Supreme Court will hear the case Friday.

The DFL argues that anyone who has already voted should be able to get a new ballot.

The lawsuit was filed on behalf of DFL Party Chairman Mike Erlandson and two voters who will be out of the state on Election Day.

DFL attorney Alan Weinblatt says anyone who cast an absentee ballot — either for Wellstone or Republican Norm Coleman — should be able to vote over once a new candidate is nominated. Democrats will nominate a ballot replacement, reportedly Walter Mondale, Wednesday.

The lawsuit seeks a court order under the state's spoiled ballot provision — allowing all voters to have a new absentee ballot sent to them promptly if they want to make a change. The parties must submit their briefs in the case Wednesday, the court will hear the case Thursday.

A spokeswoman says Minnesota Attorney General Mike Hatch, who's office will formulate a state response to the suit, is reviewing the case.

Hatch, a DFL'er, and Republican Secretary of State Mary Kiffmeyer both have said that absentee ballots will continue to be distributed with Wellstone's name. But votes for Wellstone will not be counted. People wanting to vote for a candidate not appearing on the ballot, may use the blank provided for write-in candidates.

About four percent of those voting voted absentee in 1998, the last non-presidential election year.

Governor Jesse Ventura has said, that because of the absentee ballot issue, he fears the results of the election will be challenged in court.

Ventura says the plan to exclude absentee ballots for the late Senator Paul Wellstone while counting those for his opponent, Norm Coleman, is unfair.

Ventura says he wants to make sure that Minnesota has two senators, and will leave open the option of appointing in interim senator. He hasn't named anyone, but says he doesn't want to advance a political agenda, nor does he want to appoint anyone who wants the job permanently.

Delay Near Certain

Meanwhile, delay in knowing the outcome of the race appears certain. Supplemental ballots will have to be hand-counted, and Kiffmeyer says results would be pushed back hours.

Various scenarios for Minnesota absentee voters in the wake of Senator Paul Wellstone's death:

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.

[copycat]

204B.41 Vacancy in nomination; changing ballots.

When a vacancy in nomination occurs through the death or catastrophic illness of a candidate after the 16th day before the general election, the officer in charge of preparing the ballots shall prepare and distribute a sufficient number of separate paper ballots which shall be headed with the words "OFFICIAL SUPPLEMENTAL BALLOT." This ballot shall contain the title of the office for which the vacancy in nomination has been filled and the names of all the candidates nominated for that office. The ballot shall conform to the provisions governing the printing of other official ballots as far as practicable. The title of the office and the names of the candidates for that office shall be blotted out or stricken from the regular ballots by the election judges. The official supplemental ballot shall be given to each voter when the voter is given the regular ballot or is directed to the voting machine. Regular ballots shall not be changed nor shall official supplemental ballots be prepared as provided in this section during the three calendar days before an election. 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. Official supplemental ballots shall not be mailed to absent voters to whom ballots were mailed before the official supplemental ballots were prepared.

[copycat]

Dems will try once more to subvert the law.

[Tuxedo]

So, what do we know about the Minnesota Supremes?

[NY Catholic]

The fix is in.

[July 4th]

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. Official supplemental ballots shall not be mailed to absent voters to whom ballots were mailed before the official supplemental ballots were prepared.

Well, it's the Democratic party. It's not like this means anything.

[NY Catholic]

All there is to know is that the Dems will do anything to retain power and I think it is a longshot for Coleman to win.

[Cobra64]

What is it with these people? They violate the law at every turn. Their own people can't even vote on new machines in their own primary.

Last week, I went over to DU. I would bet that maybe 20% of DUH folks graduated from high school. It is really pathetic over there. I guess that's why they can't count.

Remember those morons holding up voting records peering for torn chads, etc.? Maybe a FReeper can resurect those photos and post them on FR. That would be pretty funny.

[NEPA]

The remedies sound very reasonable to me. They may not accomodate every voter (some people really physically can't get out) but there is no malice, just a bad break for some.

I'm sure the DFL is just trying to stir trouble and emotion to get out the (dem) vote.

[oregon conservative]

If this was all reversed, the republican voters would have to live to the letter of the law.

[virgil]

Did anybody hear the story in the news that Peter Fitzgerald, Trent Lott and some other Senator from PA. were on a plane yesterday that had some trouble with the landing gear? I did not hear many details, but I woke up this morning it was on WLS chicago.

[Oldeconomybuyer]

 Click here to read the order setting brief filing and hearing dates for Mike Erlandson, John Eisberg, and Mollie Lorberbaum v. Mary Kiffmeyer, Minnesota Secretary of State, Court File No. C7-02-1879.

[Dog Gone]

Unless the Minnesota Supreme Court has already made up its mind before hearing the case (something which is entirely possible), I don't see how it can do much before the election. I don't think it can rule that a vote for Wellstone is a vote for Mondale.

Not only would that violate state law, but it simply is too outrageous. The US Supremes would have to step in. You can't transfer voter intent like that.

[Stultis]

What the hey does "DFL" stand for?

Democrats Frauds & Losers? (Pardon the redundancies.)

[Oldeconomybuyer]

Minnesota Supreme Court
Click on Picture for Biography
More Information about the Supreme Court

Standing L to R: Justice Russell A. Anderson, Justice Edward C. Stringer,
Justice James H. Gilbert, Justice Joan Ericksen Lancaster

Seated L to R: Justice Alan C. Page, Chief Justice Kathleen Blatz,
Justice Paul H. Anderson

Not Pictured: Helen M. Meyer, Sam Hanson

[deport]

The real question is how will the Supreme court of MN rule. All laws are subject to review so the question begs is the rule formulated such that it is legal.

[Senator_Blutarski]

The Democrats will want the Wellstone votes to count as Mondale votes.

The voters they are most concerned with are the ones that can't ask for a new absentee ballot or vote in person: The dead, the illegal, the non-existent, the out-of-state students, pet dogs, and so on.

The Democrats paid a lot for those votes and they want their money's worth.

[anniegetyourgun]

You're right, it's both illogical AND unacceptable.

[reformedliberal]

Nah. Around here it is:

The Dumb F**kers League