Thursday, January 15, 2009

MN Recount Unconstitutional

This law prof thinks the Minnesota recount violated Bush v. Gore via the Equal Protection Clause of the 14th Amendment.

Consider the inconsistencies: One county "found" 100 new votes for Mr. Franken, due to an asserted clerical error. Decision? Add them. Ramsey County (St. Paul) ended up with 177 more votes than were recorded election day. Decision? Count them. Hennepin County (Minneapolis, where I voted -- once, to my knowledge) came up with 133 fewer votes than were recorded by the machines. Decision? Go with the machines' tally. All told, the recount in 25 precincts ended up producing more votes than voters who signed in that day.

Then there's Minnesota's (first, so far) state Supreme Court decision, Coleman v. Ritchie, decided by a vote of 3-2 on Dec. 18. (Two justices recused themselves because they were members of the state canvassing board.) While not as bad as Florida's interventions, the Minnesota Supreme Court ordered local boards to count some previously excluded absentee ballots but not others. Astonishingly, the court left the decision as to which votes to count to the two competing campaigns and forbade local election officials to correct errors on their own.

(H/T, K-Lo at The Corner)

The whole thing stinks to high heaven.


Anonymous said...


Samay said...

Bush v. Gore was hardly about the Constitution.
Besides, there isn't the element of time, the main point of Bush v. Gore, since there's no Electoral College vote and the Senate can go on just fine without Franken. Er... "the eventual winner"