Academic

Faculty Blogs: Minnesota Supreme Court Rules for Franken in Disputed Senate Race

In a per curium decision*, the Minnesota Supreme Court found that Coleman attorneys "did not establish that, by requiring proof that statutory absentee voting standards were satisfied before counting a rejected absentee ballot, the trial court's decision constituted a post-election change in standards that violates substantive due process." Moreover, the Coleman "did not prove that either the trial court or local election officials violated the constitutional guarantee of equal protection."  The court also found that no statutory requirements were violated in the process and that the trial court had not abused its discretion in its exclusion of evidence and its use of election day figures in one precinct in which ballots were later lost.

Thus the court found that "Al Franken received the highest number of votes legally cast and is entitled under Minn. Stat. § 204C.40 (2008) to receive the certificate of election as United States Senator from the State of Minnesota."

Link to decision:  http://www.mncourts.gov/opinions/sc/current/OPA090697-6030.pdf

UPDATE: Coleman has conceded.

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*That is an unanimous, unsigned 5-0 opinion.  Of the seven judge panel, two judges had previously recused themeselves.

Full post as published by University of Louisville Law Faculty on June 30, 2009 (boomark / email).