Absentee Ballot Universe Constricts

By: TJHalva | Comments [0] | Category: MN Recount | 2/15/2009 8:20:56 PM CT

Last Tuesday, the Election Contest Court released an Order Establishing Hearing on Motions in the attempt of "streamlining" the absentee ballot review process. The ECC presented 19 categories of absentee ballots and directed the parties to submit a briefing with regard to these 19 categories. I've already covered each campaigns' submission, but now it's time to cover the court's order:

This matter came before the Court on arguments on February 12, 2009. After consideration of the arguments of counsel, the written submission of the parties, and the pleadings in the case, IT IS HEREBY ORDERED:

1. The Court shall not order the opening and counting of ballots that fall into the following categories because such ballots are not legally cast under relevant law:

1. An absentee ballot submitted by a voter in an absentee ballot return envelope on which the voter's address is not the same as on the absentee ballot application. (Court's Order of February 10, 2009 at § A.2.)

2. An absentee ballot submitted by a voter in an absentee ballot return envelope in which the witness certification on the absentee ballot return envelope is signed by a person identified as a notary public but no notarial' seal or stamp is affixed to the absentee ballot return envelope. (Id. at § A.3.)

3. An absentee ballot submitted by a non-registered voter. (Id. at §§ A.4, A.10 & A.18.)

4. An absentee ballot submitted by a voter in an absentee ballot return envelope in which the voter failed to sign the absentee ballot return envelope. (Id. at § A.7.)

5. An absentee ballot submitted by a voter whose absentee ballot application does not contain the voter's signature. (Id. at § A.5.)

6. An absentee ballot submitted by a voter whose absentee ballot application was signed by another unless the absentee ballot application was assigned by another individual in accordance with Minnesota Statute § 645.44, subd, 14. (Id. at. § A.11.)

7. A UOCAVA ballot received by election officials after the deadline for receipt of absentee ballots. (Id. at § A.13.)

8. An absentee ballot dropped off in-person by the voter on Election Day. (Id. at § A.14.)

9. An absentee ballot dropped off by a proper agent on Election Day but after the statutory deadline for delivery. (Id. at § A.15.)

10. A ballot submitted by a voter who was not registered to vote within the precinct in which he or she resides. (Id. at § A.19.)

2. The attached Memorandum is incorporated as if fully set forth herein.

Dated: Feb 13, 2009

Source: Order Following Hearing via MNCourts.gov [PDF]

The proceeding order, by the ECC, eliminated twelve of the nineteen previously outlined categories. The remaining six categories are presented below:

1. An absentee ballot returned by a non-registered voter in an absentee ballot return envelope on which no box in the proof of residence portion of the absentee ballot return envelope is checked by the witness.

6. A UOCAVA ballot submitted where there is no evidence that the voter submitted a Federal Post Card Application or absentee ballot application.

8. An absentee ballot cast by a voter whose absentee ballot application does not contain a signature.

9. An absentee ballot cast by a voter where there is no independent evidence that the voter completed an absentee ballot application.

12. An absentee ballot in an absentee ballot return envelope in which the witness certification is signed by a non-notary witness who failed to provide a street address.

16. An absentee ballot within a non-registered voter absentee ballot return envelope on which the voter failed to sign the certification's signature box but did sign the absentee ballot return envelope elsewhere.

17. An absentee ballot cast by a voter who was not registered to vote in the precinct encompassing the voter's address on the absentee ballot return envelope and absentee ballot application.

Source: Order Establish Hearing on Motions via MNCourts.gov [PDF]

The exact number of affected ballots is not immediately apparent, but this order will further restrict each candidate's absentee ballot universe. The order will likely affect Coleman more than Franken, based upon the discrepancy of reconsideration requests. Coleman has identified 4,458 absentee ballots and their associated voters by name, while Franken has listed 792.

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