A Statement From Senator Norm Coleman
January 6th 2009 4:30 PM
ST. PAUL – Senator Norm Coleman today issued the following statement at a news conference in St. Paul:
Our Declaration of Independence states that government "derives its just powers from the consent of the governed.” Our government of laws is only as just as the elections that determine who make the decisions that affect us all. So we all have responsibility to make sure each vote counts in every election so the purity of democracy in our nation can be preserved and enhanced on our watch.
On November 4, 2008, nearly 3 million Minnesotans cast their votes for the United States Senate. The vast majority of those votes were clear and validly cast. Obviously, it was an extremely close vote, so Minnesota law required an automatic hand recount. I want to express my deep appreciation to all of the election officials and volunteers who helped to make this election successful. I also want to thank the hundreds and hundreds of people who have been involved in this recount process for their work during a busy family time of the year for doing the work to get us to this point in the process.
But in the wisdom of Minnesota’s excellent election law, the local recount actions to date and those of the canvassing board are steps in the process of reaching a clear and unambiguous result all the people can accept as final. But as of today, not every valid vote has been counted and some have been counted twice. So today I am announcing that I’ve instructed my legal team to file an election contest according to Minnesota law. Until these issues are settled, any attempt to seat someone who is not properly certified ignores the law, violates Senate precedent and usurps the will of the people of Minnesota.
There are several vital issues that must be resolved for the sake of this and future elections. Let me be very specific.
When double counted votes are included in a recount, an accurate and valid count cannot be obtained. When there are more votes counted in a single precinct than votes cast on the night of the election, an accurate and valid count cannot be obtained. When hundreds, if not thousands, of absentee ballots were wrongly rejected and still not included in the recount, an accurate and valid count cannot been obtained.
We are filing this contest to be absolutely sure that every valid vote was counted and no one’s voted was counted more than anyone else’s. The only way to do that is to guarantee that clear standards were applied fairly and uniformly throughout every single precinct of this state.
Under Minnesota Law there can be no valid election certificate issued if an election contest is filed. An election contest is the exact remedy the law provides to ensure that this recount and the associated inconsistencies that come with it are properly examined and properly resolved.
That’s what the Supreme Court said when it ruled the wrongly rejected absentee ballots that have still not been counted should be part of a contest. And it’s what members of the Canvassing Board communicated when they said they did not have the power in a recount to deal with the double counting of original and duplicate ballots.
While I understand there is a desire by a small number of people to simply move on, something greater than expediency is at stake here. As Americans we believe that every valid vote should count and that everybody’s vote is equally to everyone else's.
Democracy is not a machine. It’s run by people working to obey the law as best they can. Sometimes it’s messy and inconvenient, and reaching the best conclusion is never quick because speed is not the first objective: fairness is. I’ve directed my team to move as quickly as possible to resolve these issues. But we will not permit the full process to be shortcut. That would only cast greater doubt and uncertainty over the final result.
A six year term is a long, long time. Crucial decisions will be made during that period on the economy, national security and the rights of all Americans. Minnesotans deserve 100% confidence that their Senator was fairly elected by all the people.
Speaking personally for just a moment: it has been an enormous privilege for me and my family to be involved in serving the people of Minnesota for over 30 years, the last six in the United State Senate. I hope to keep doing so. I have been humbled by the privilege given to me, but I want to make it clear: nobody is indispensible. It’s the will of the people that really matters.
This is not just about me. The eyes of the nation are on the state that we love and we need to show them that Minnesota has done everything we can to make sure that we protect every voter’s right. At this moment, I may not have a working office in D.C. or in St. Paul, but I still have my voice in Minnesota, and I certainly plan to use it.
We need to get this right for all of us: a true, accurate and valid result of the Minnesota United States Senate Recount so all Minnesotans can have a Senator with the full credibility to lead and serve.
Thank you and God bless.
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A Quick Look at a Minnesota Election Contest
From Coleman for Senate Official Site
January 7th 2009 9:26 AM
Who Can File An Election Contest?
- - Any eligible voter, including a candidate, can file an election contest
How Can An Election Contest Be Filed?
- - Notice of an election contest must be served and filed within seven days after the recount is certified by the canvassing board. A contest is filed in the District Court of Ramsey County. This time period corresponds with the 7 day waiting period between the canvassing board declaring a winner and issuing a certificate of election.
Why Can An Election Contest Be Filed?
- - When contesting the election of a U.S. Senator, “the only question to be decided by the court is which party to the contest received the highest number of votes legally cast at the election and is therefore entitled to receive the certificate of election.” (Minn. Stat. 209.12.)
An election contest can be brought based on a number of grounds, including:
- An irregularity in the conduct of an election or canvass of votes (such as votes cast by unqualified voters, spoiled ballots because of identifying marks, problems with absentee ballots, missing duplicate or original ballots).
When Would an Election Contest Go To Trial?
- - Within three days of receipt of the contest, the Ramsey County Court Administrator submits a copy of the notice to Minnesota Supreme Court Chief Justice Magnuson. Chief Justice Magnuson then assigns 3 judges to hear and determine the case. The trial will be held in Ramsey County and must start “as soon as practicable” within 20 days after filing of the notice of contest. (Minn. Stat. 209.065)
What Else Should You Know About an Election Contest?
- - There is a provision for an inspection of ballots, which is essentially the same as an administrative recount except that it is conducted by a team of three inspectors, one each chosen by both parties and then those two inspectors choose the third inspector.
TAB
01.07.09 FlAttorney Says: There is a large amount of ignorance by political MSM and conservative experts?, including a number of Free Republic comments I have noted, that Norm Coleman and the GOP are not doing enough to stop Al “SorosBoy” Franken, the Soros Shadow Party, and MN SOS Mark “former? Communist and Soros Puppet” Ritchie from blatantly stealing this critical U.S. Senate election. Nothing could be further from the truth. The facts are the GOP, and related interests, have been heavily involved since day-one of the post-election recount and challenge process. Obviously, the extent of this involvement is not public knowledge or will be posted here. I will state that the “GOP Interests” have the largest cash reserves in over a decade. Without discussion, there is a reason for this situation. Further, the attempts by the Democrats-Soros Shadow Party to steal this election for Al Franken are the most blatant I have observed in my 20+ years of professional GOP experience. If Norm Coleman wishes to fight this travesty all the way to the SCOTUS, he has both significant legal causes and available financial resources to do so.
In this matter, there are several important facts that must be understood. First, there is a specific legal process, and related timing of actions, that Senator Coleman must specifically follow. Many of the comments bashing both Coleman and the GOP ignore this fact.
Second, many of the comments bashing both Republican Minnesota Governor Tim Pawlenty and Senator Coleman ignore the facts that both are moderate Republicans in a liberal Democrat State. It is important to remember that both Republican’s Governor Pawlenty and Lieutenant Governor Carol Molnau have significant combined Minnesota political experience. However, Minnesota has continued to become an increasingly ultra liberal Democrat State this decade. As MN Secretary of State Democrat Mark “former? Communist and Soros Puppet” Ritchie, both MN Attorney General Democrat Lori Swanson and MN’s other U.S. Senator, Democrat Amy Klobuchar, were only elected to office on Nov. 7, 2006. SorosGirl Klobuchar was elected as a freshman Senator to the 110th U.S. Congress and is a major ultra liberal. The facts that Minnesota is a liberal Democrat State is further demonstrated:
Minnesota Presidential Winners
1992: Bill Clinton(D)
1996: Bill Clinton(D)
2000: Al Gore(D)
2004: John Kerry(D)
2008: Barack Obama(D)
Does anyone really believe that an FR approved conservative Republican can get elected as MN Governor or U.S. Senator? Does anyone really believe that if Norm Coleman was more conservative he would have beaten Al Franken, and the National GOP would not be in this mess? It is also important to understand that until Governor Pawlenty certifies the election results, the Coleman-Franken U.S. Senate seat will remain vacant. Pawlenty will not certify the election until the conclusion of the legal process. If Coleman cannot obtain appropriate legal relief in the State Courts, then he will go to the Federal Courts, which is what many “GOP Interests” are gearing up for.
One week after the November 4, 2008 elections, Gov. Pawlenty was here in Miami for the Republican Governors Conference. I assure everyone, the private discussions with him were not about our nice weather, Gov. Palin, or Pawlenty’s ideology for the “New GOP”. To-date, he is doing what is both responsible and necessary in this Coleman-Franken fiasco. Further, Pawlenty is not going to do anything stupid in this matter, nor would he be asked to on Coleman’s account.
Pawlenty is one of 16 of 22 State Governors who terms expire in 2010. Eight cannot seek reelection due to term limits. While he has not made an official statement, Pawlenty is expected to run for MN Governor in 2010. The Democrats-Soros Shadow Party are already gearing up to drag Pawlenty down and elect a Democrat as Governor. Like many States, Pawlenty is currently dealing with a major MN State budget deficit of $426 million, with even deeper deficit projected for the next two years. Of the 2010 Governor races, Pawlenty’s will be one of the most difficult and very expensive. In short, political capital must be evaluated on both a macro and micro basis.
I hope everyone had a fantastic Christmas and New Year holiday – FlA
TAB