[Hunble]

You summarized the difficult issues very well.

To be fair, all absentee ballots should be invalidated for the choice of Senator. But only for choices of Senator.

I fully understand why the Democraps are upset, since votes for Coleman are counted, but Wellstone votes are rejected.

However, rejecting valid votes does cause an equal protection problem.

I just thank God that I am not one of those Judges. Darn if I know of a solution!

[William McKinley]

There is no perfect solution, which is why the Legislature crafted the laws the way they did. It was, in their opinion, the best way to handle things in the case of a death. Allow a new candidate to be placed on the ballot, but don't disenfranchise overseas absentee voters by letting those ballots be changed so late that they could not possibly be received and returned in time.

And the US Constitution gives the right to make the determination of the best way to handle it to the legislature, where it is debated and voted on by the elected representatives of the people, not to the judiciary.

[OldFriend]

Whatever the court decides I dont' see how they can rule retroactively.......but then NJ led the way with the new Soprano's rule. Whatever helps the dems, do it!

[Stultis]

To be fair, all absentee ballots should be invalidated for the choice of Senator. But only for choices of Senator.

[Sigh] BUT THAT IS NOT WHAT THE LAW SAYS. The course of action you recommend would be ILLEGAL:

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.

Get that? "Shall be counted" You can't "invalidate" them just because it seems "fair". It isn't "fair," it's illegal.

Now, take two aspirin and stay away from fuzzy thinking 'Rats.

[San Jacinto]

To be fair, all absentee ballots should be invalidated for the choice of Senator. But only for choices of Senator.

What is fair about that? A voter for Coleman is disenfranchised because Wellstone died?

I fully understand why the Democraps are upset, since votes for Coleman are counted, but Wellstone votes are rejected.

Wellstone votes don't count because the guy is dead. Minnesota law actually provides as good a remedy as you can get for those who already voted absentee for Wellstone: Go get another ballot or show up on election day.

However, rejecting valid votes does cause an equal protection problem.

So don't do it.

I just thank God that I am not one of those Judges. Darn if I know of a solution!

Simple as pie. Follow the law. (But I know that's expecting a lot from many of today's judges.)