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  • Double Standards In Minnesota Will Lead to Florida Repeat

    Having been a county election official myself many years ago, I know how difficult it can be to administer an election and make the proper decisions when problems ensue. However, the flawed and extremely questionable decisions being rendered by the Minnesota Canvassing Board are remarkable for their inconsistency except for one consistency – they seem to be applying different rules to the same circumstances depending on whether or not they favor Al Franken.

    John Lott’s article for Fox News does a remarkable job of illustrating the problems with the Canvassing Board’s decisions. As an example, Lott points out that on ballots where the oval next to Senator Coleman’s name was filled out but there is also an “X” through the blacked-out oval, the Board decided that the voter had changed his mind and did not want to vote for Coleman, so the ballot was considered a vote for no one. However, when the exact same kind of markings were found for Al Franken on other ballots, the Board decided that they were indeed votes for Franken.

    Since the Board considered an “X” through an oval on the Coleman ballots to be a decision by the voter to try to change his mind and x-out the vote for Coleman, then obviously if you find a ballot with a blacked-out oval next to Coleman’s name and an “X” next to Franken’s name, it should be considered a vote for Coleman, right? Wrong, the Board decided that such ballots will be considered a vote for Franken.

    It was these kinds of action by state election officials – inconsistently applying rules to discern the intent of the vote in a manual recount – that caused the U.S. Supreme Court to stay the recount being conducted in Florida in 2000. The Court decided such a recount was a violation of the Equal Protection Clause. The fundamental nature of the right to vote “lies in the equal weight accorded to each vote and the equal dignity owed to each voter.” A state cannot through “arbitrary and disparate treatment, value one person’s vote over that of another.” Yet the examples provided by John Lott show that the Minnesota Canvassing Board is engaging in exactly that type of arbitrary and disparate treatment, treating possible votes for Coleman differently than votes for Franken.

    Unless the Board corrects its procedures, a federal court should have no choice but to step in to stop this Equal Protection Clause violation. Let’s hope that the Board revisits its determinations and corrects them before it is too late.

    Posted in Legal [slideshow_deploy]

    11 Responses to Double Standards In Minnesota Will Lead to Florida Repeat

    1. Fred, MD says:

      You mean the John Lott article that has been discredited?

      The one in which he used incorrect data (a typo) from the Star Tribune website to reach his conclusions, instead of the actual ballot data available on the Minnesota state website?

    2. you my friend says:

      You my friend are a fool for sho!

      You are so up your friend Norm Co

      -lman woah man

      He is a friend to no man!

      You better back off it ok

      Because Al Franken's gonna be

      a senator from this state

      And that Norm guy gonna dry up

      And blow away

      So just chill out and don't act gay!

    3. Jake, Texas says:

      I think Fred just pwned Heritage.org.

    4. MisterN, Colorado says:

      The author of the Fox opinion piece, John Lott, has publicly retracted examples he used when his flawed work was shown to him.

      And this morning the Minnesota Canvassing Board reviewed these ballots, and a few others (16 total) and they confirmed their original decision.

      The fault in Lott's work (and in this piece) is assuming that all ballots that have both an "X" and an oval filled in for the Senate race are all the same. This is not the case. Indeed, ballots with both an "X" and an oval filled in can fall under a NUMBER of different categories.

      For example:

      1) No other races on the ballot have an "X" in them.

      2) ALL other races on the ballot have both an "X" and an oval filled in for every race.

      3) There is an "X" and an oval filled out for just the first few races.

      4) Etc… There were a number of other categories.

      The mistake that Lott (and this writer) makes is to insist that ballots in ALL of these categories must all be treated the same. That isn't the case, since these different categories under MN law are to be considered differently.

      The Board confirmed that each of the votes was indeed categorized in each of their respective correct categories, and that each was counted correctly based upon the different categories they fell under.

    5. Pingback: Double Standards In Minnesota Will Lead to Florida Repeat « Conservative Thoughts and Profundity

    6. Perry,OR says:

      My thoughts on the double standard is simply DO NOT count a ballot which is NOT properly marked!

      It is very simple and straight forward.

    7. Barb -mn says:

      Mark Ritchie (SECRETARY OF STATE)stated himself the election process in Minnesota is a sophisticated process with little error. Acorn is not a problem. Hmm. Everywhere but Minnesota, eh? This election is a joke and should have been over November 5th at the latest. All should be CANNED. Everyday there's a new category. My ballot was rejected three times as the election judge stood beside me and before he looked to see what the problem was. He said I would have to redo it. He took my ballot openly (without putting it in the folder that makes it "secret"). As we walked to the tables of ballots he was looking at MY BALLOT. I asked him if he should be doing that and he said "NO." HE EVEN TURNED THE BALLOT OVER TO SEE WHO I VOTED FOR ON BOTH SIDES!! THERE WAS A FOLDER SO YOUR VOTE WOULD BE SECRET YET HE KEPT LOOKING AT MINE. PRETTY SUSPICIOUS IF YOU ASK ME. AND YET THEY WANT THE REJECTED ONES COUNTED?! THESE PEOPLE OF GOVERNMENT CAN'T EVEN FOLLOW THEIR OWN RULES!!! OF COURSE WE'RE THE ONES THAT ARE PENALIZED!!!! TOO MUCH GOVERNMENT HOLDING TOO MANY HANDS.

    8. Barb -mn says:

      Oh, and if people can't follow instructions on how to vote, that indicates that vote shouldn't be valid. It clearly states "fill in the entire oval." If the voter has a problem or question there are many who can answer, as government should never ASSUME an individuals intent by taking away your right to your individual freedom of choice.

    9. PK, Orange, Cal. says:

      I hope that files a lawsuit, and points out all the irregularities, such as pointed out in the article. I am not holding my breath because there are two things that I have learned in the past few years. One is that the Democrats will stop at nothing in order to acquire power, and that the Republicans have no balls to stand up to them and are cowed by being called names. We no longer have a two party system, as the Republicans are in name only, and would rather just get along, instaed of fighting for what is right. The Republicans have become nothing more that toothless old dogs, sitting in a corner, whining, and reaching across the aisle for a scrap now and then. All of this I put directly at the feet of one senator from Arizona, John McCain. As Republicans, their job is NOT to get along with the other side, but to IMPLEMENT WHAT THEY WERE VOTED IN OFFICE TO DO. I wonder how many times Pres. Reagan has rolled over in his grave given what the Republican party has become.


    10. Mike Sheahen, Hickor says:

      About the Leftists/Communists/Socialists in Minnesota who are trying to "stack the deck" in Comrade Franken's favor:

      Those people aren't such Leftist/Communists/Socialist trying to "stack the deck" in Comrade Franken's favor?

      Check for precedent of such Leftist/Socialist "stacking the deck" and other such "slight-of-hand" machinations, and, while some will remember being taught in school (at least until the early 1970's) about how such machinations have always been (and continue to be) a key feature of Communist/Socialist and other Totalitarian countries and regimes, but will never happen here in the U.S. because of our Constitution", everyone should finally wake up and realize that such things are no longer done only in Leftist/Communist/Socilist and other Totalitarian countries and regimes, but are now being done here in the U.S., for and by Leftists/Communists/Socialists and their allies.

    11. Eileen in PB, NY says:

      Re: Al Franken-fraud

      Q: what is the process now when this lawsuit goes to the supreme court?

      Q: what if the court finds it a fraud and seats Coleman, is there room for a counter claim from the other side?

      Q: what if anything, can we do as average citizens who are outraged by this blatant FRAUD in our election process?

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