Franken

Ed Morrisey writes in Town Hall Magazine:

The Franken team had a clear mission. Since they were behind in votes, they needed to either find new Franken votes or discredit Coleman votes in order to close the gap. Learning from the Gregoire campaign, they trained their volunteers to understand the limits of Minnesota law and to aggressively challenge ballots.

Coleman’s team, on the other hand, had a much more delicate mission, as they explained to their volunteers. Each of the precinct workers interviewed for this story had the same description of the instructions given by the campaign: Do not get overly aggressive in challenging ballots. They did not want to be seen as the campaign that “disenfranchised” Minnesota voters, as successful ballot challenges do by removing ballots from the count.

One Coleman volunteer explained the instruction as an explicit message from Team Coleman that “we don’t expect to be in the business of suppressing Franken votes, and we’re not trying to find new Coleman votes. … Don’t go out of your way to make what we think will be frivolous challenges.”

This instruction came specifically about overvotes, where a voter filled in two or more bubbles on the same race, which would have led the counting machines to reject the ballot for that race. Franken’s team latched onto the overvotes and tried to argue on as many as possible that the intent of the voter was to support Franken. Coleman’s team knew from the beginning that Franken’s volunteers would use that strategy, another Coleman recount worker said, but that “we should not engage them like that.”

But according to Minnesota law, as the state discovered during the process, the question of voter intent on overvotes is a legitimate area of challenge in a recount. In this case, it appears that both campaigns understood the parameters of action, but Coleman’s team simply didn’t want to avail itself of the entire range of action allowed by Minnesota statutes. They trained their recount volunteers to engage only on the most obvious cases and to refrain especially from giving the appearance that the Republicans wanted to invalidate ballots on a massive scale.

Predictably, this led to many missed opportunities for Coleman challenges. Because of the training received, the GOP volunteers assumed that many of the Franken team’s challenges in the precincts were invalid and would be tossed out by the Canvassing Board, the bipartisan panel that ruled on each challenged ballot. They were shocked to see the types of challenges later upheld by the panel, and they lamented the passive manner of the Coleman team’s recount effort, especially in the opening days. One volunteer estimated that he could have produced between 10-20 ballot challenges himself that the Canvassing Board would have upheld, based on their later rulings.

Franken’s team didn’t rest on its organizational edge during the recount, either. They gathered information from all the precinct recounts, even using tally sheets to note trends on questionable ballots, and apparently analyzed them overnight. Coleman volunteers recall seeing coordinated efforts to focus on new issues almost every day from their counterparts during the process.

Ed Morrisey adds on the Hot Air blog:

None of the people involved, most of them GOP partisans, believed that Franken “stole” the recount or did anything illegal. All of them insisted that the difference came down to two different approaches.  Team Coleman wanted a collegial, Minnesota-style approach, while Franken’s team saw this as an adversarial process that pushed both teams to use every legal advantage available for each client.  Put more simply, Coleman got outboxed, and badly, especially in the early days of the recount.

That’s a lesson Republicans need to learn.  Gone are the days when Congressional and especially Senate recounts will get conducted as a collegial effort between two candidates who want to act as referees as well as litigants.  Both sides had better be prepared for a process that looks a lot more like a lawsuit — or maybe a divorce — than anything else.  That includes preparation for a recount in races that look close months before the election.  Franken did all of these things, which is the reason he’s sitting in the Senate now.

A three-judge panel in Minnesota ruled against Al Franken twice in his attempts to limit the scope of the election contest to just a recount of the recount.

State election law doesn’t undermine the Senate’s constitutional power to later judge the qualifications of its members, the judges said in denying Franken’s request to dismiss the election contest, as the lawsuit is called.

The panel also rejected Franken’s attempt to limit any court review to verifying math and other technicalities of the recount and canvass, clearing the way for the judges to consider Coleman claims that some votes in Democratic areas were counted twice, that some absentee ballots from GOP areas were wrongly rejected and that there were other irregularities.

The panel noted that the Minnesota Supreme Court had ruled that while those claims shouldn’t be decided during the recount, they “would be properly heard in an election contest” in court.

Coleman lawyer Ben Ginsberg called the panel’s decision “a stinging defeat for Al Franken. It underscores that the Coleman contest will proceed, that there will be a trial.”