Bruce's Intervention Denied

The Senate Litigation website finally uploaded the correct version of the Election Contest Court's order regarding the intervention of seven voters represented by Bruce D. Kennedy:

The above-entitled matter came on for hearing before the Court on January 30, 2009, upon motion for leave to intervene in this election contest filed by seven voters. Appearances were noted for the record. The Court having heard and read the arguments of counsel, and based upon the files, records, and proceedings herein, makes the following:


1. The Motion for Leave to Intervene is DENIED.

2. Any other relief not specifically ordered herein is DENIED.

3. The attached memorandum is incorporated as is fully set forth herein.

[From the attached memorandum:]

The Court notes that the procedure under § 204B.44 remains open and available to the seven voters who seek to intervene in this election contest.

Source: Order on Motion for Leave to Intervene via [PDF]

It appears as though these seven voters will have to wait a little longer before their currently rejected absentee ballots qualify for reconsideration. Once the intervention is refiled, the Election Contest Court will likely heed their request. In fact it seems likely that the other intervention, with 61 voters, is simply being delayed until both interventions can be addressed at the same time.

I should also mention that the likely outcome of other 61 interventioners is less mysterious; this group was established by the Franken campaign and is represented by Charlie Nauen, a Democrat.

The original intervention request from Bruce D. Kennedy contains the names of these seven voters. Using our recent compilation of Coleman's Rejected Absentee List, we may be able to determine or at least estimate the allegiance of each voter:

   (1) Paul Happe (Scott County)
   (2) Eugene C. Markman (Stearns)
   (3) Sharon Cook (Anoka)
   (4) Joel Gregory Uldrych (Wright) 
         Listed as "Joel Gregory"
   (5) Claudia Bernstein (Hennepin-Edina)
         Listed as "Claudia Bernsten"
   (6) Michael J. Hall (Hennepin-Edina)
   (7) Sehwah Maggie Philips (Hennepin-Brooklyn Park)

Norm Coleman won Scott, Stearns, Anoka and Wright County by a minimum of nine percent; but the three voters listed from Hennepin County pose a slightly more difficult scenario. I scanned through the Coleman campaign's original election contest submission and the subsequent response by Franken hoping to find each voter identified within their precinct, but no such luck. Instead I consulted my precinct table and extracted the following data:

   Candidate   Brooklyn Park     Edina
   Coleman        13,282         15,172
   Franken        17,155         12,428
   Other           5,530          3,894

   Total          35,967         31,494

If we follow a straight extrapolation, Coleman seems likely to win six of the seven votes that could result from these seven interventioners.

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