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Funny Business in Minnesota

Liberty Belle

Well-known member
Isn't it funny how laws are applied differently to the candidates depending on which party they belong to? Foul-mounted Franken is about to steal Minnesota, thanks to his partners in crime in the Democrat party. This article from the Wall Street Journal is enlightening, to say the least.

Funny Business in Minnesota
In which every dubious ruling seems to help Al Franken.


Strange things keep happening in Minnesota, where the disputed recount in the Senate race between Norm Coleman and Al Franken may be nearing a dubious outcome. Thanks to the machinations of Democratic Secretary of State Mark Ritchie and a meek state Canvassing Board, Mr. Franken may emerge as an illegitimate victor.

Mr. Franken started the recount 215 votes behind Senator Coleman, but he now claims a 225-vote lead and suddenly the man who was insisting on "counting every vote" wants to shut the process down. He's getting help from Mr. Ritchie and his four fellow Canvassing Board members, who have delivered inconsistent rulings and are ignoring glaring problems with the tallies.

Under Minnesota law, election officials are required to make a duplicate ballot if the original is damaged during Election Night counting. Officials are supposed to mark these as "duplicate" and segregate the original ballots. But it appears some officials may have failed to mark ballots as duplicates, which are now being counted in addition to the originals. This helps explain why more than 25 precincts now have more ballots than voters who signed in to vote. By some estimates this double counting has yielded Mr. Franken an additional 80 to 100 votes.

This disenfranchises Minnesotans whose vote counted only once. And one Canvassing Board member, State Supreme Court Justice G. Barry Anderson, has acknowledged that "very likely there was a double counting." Yet the board insists that it lacks the authority to question local officials and it is merely adding the inflated numbers to the totals.

In other cases, the board has been flagrantly inconsistent. Last month, Mr. Franken's campaign charged that one Hennepin County (Minneapolis) precinct had "lost" 133 votes, since the hand recount showed fewer ballots than machine votes recorded on Election Night. Though there is no proof to this missing vote charge -- officials may have accidentally run the ballots through the machine twice on Election Night -- the Canvassing Board chose to go with the Election Night total, rather than the actual number of ballots in the recount. That decision gave Mr. Franken a gain of 46 votes.

Meanwhile, a Ramsey County precinct ended up with 177 more ballots than there were recorded votes on Election Night. In that case, the board decided to go with the extra ballots, rather than the Election Night total, even though the county is now showing more ballots than voters in the precinct. This gave Mr. Franken a net gain of 37 votes, which means he's benefited both ways from the board's inconsistency.

And then there are the absentee ballots. The Franken campaign initially howled that some absentee votes had been erroneously rejected by local officials. Counties were supposed to review their absentees and create a list of those they believed were mistakenly rejected. Many Franken-leaning counties did so, submitting 1,350 ballots to include in the results. But many Coleman-leaning counties have yet to complete a re-examination. Despite this lack of uniformity, and though the state Supreme Court has yet to rule on a Coleman request to standardize this absentee review, Mr. Ritchie's office nonetheless plowed through the incomplete pile of 1,350 absentees this weekend, padding Mr. Franken's edge by a further 176 votes.

Both campaigns have also suggested that Mr. Ritchie's office made mistakes in tabulating votes that had been challenged by either of the campaigns. And the Canvassing Board appears to have applied inconsistent standards in how it decided some of these challenged votes -- in ways that, again on net, have favored Mr. Franken.

The question is how the board can certify a fair and accurate election result given these multiple recount problems. Yet that is precisely what the five members seem prepared to do when they meet today. Some members seem to have concluded that because one of the candidates will challenge the result in any event, why not get on with it and leave it to the courts? Mr. Coleman will certainly have grounds to contest the result in court, but he'll be at a disadvantage given that courts are understandably reluctant to overrule a certified outcome.

Meanwhile, Minnesota's other Senator, Amy Klobuchar, is already saying her fellow Democrats should seat Mr. Franken when the 111th Congress begins this week if the Canvassing Board certifies him as the winner. This contradicts Minnesota law, which says the state cannot award a certificate of election if one party contests the results. Ms. Klobuchar is trying to create the public perception of a fait accompli, all the better to make Mr. Coleman look like a sore loser and build pressure on him to drop his legal challenge despite the funny recount business.

Minnesotans like to think that their state isn't like New Jersey or Louisiana, and typically it isn't. But we can't recall a similar recount involving optical scanning machines that has changed so many votes, and in which nearly every crucial decision worked to the advantage of the same candidate. The Coleman campaign clearly misjudged the politics here, and the apparent willingness of a partisan like Mr. Ritchie to help his preferred candidate, Mr. Franken. If the Canvassing Board certifies Mr. Franken as the winner based on the current count, it will be anointing a tainted and undeserving Senator.

http://online.wsj.com/article/SB123111967642552909.html?mod=djemEditorialPage
 

Liberty Belle

Well-known member
On a related subject, Democrats also ignore the US Constitution if it doesn't fit their agenda.

Harry Reid vs the Constitution
If Roland Burris isn't fit for the Senate, how is Chris Dodd?


An Illinois court will eventually decide if Governor Rod Blagojevich is guilty of corruption. But on at least one issue he is more law-abiding than Majority Leader Harry Reid and fellow Democrats: the seating of Roland Burris to replace Barack Obama in the U.S. Senate.

Mr. Blagojevich appointed Mr. Burris to represent Illinois on Tuesday, ahead of the official start of the 111th Congress next week. This was certainly an act of brash defiance given that nearly everyone had warned the Governor not to do so after he was heard on tape contemplating the sale of the seat for personal gain. But under Illinois law, Mr. Blagojevich had every legal right to do so.

As the Governor said in his announcement, the Illinois public also deserves its full measure of representation in Washington. Mr. Burris is a former state attorney general who is untainted by the charges against Mr. Blagojevich. After the Blagojevich tapes were made public, Democrats who run the state legislature said they'd pass a law to require a special election for the Senate. But their passion for that option ebbed when it became clear that a Republican could win, especially amid this Democratic fiasco. When the legislature failed to act, Mr. Blagojevich saw his opening to name Mr. Burris.

Meanwhile, Mr. Reid and Washington Democrats are refusing to seat Mr. Burris, never mind their lack of authority to do so. As an initial matter, they're hiding behind the Illinois secretary of state, who is refusing to certify the appointment. But Mr. Burris has asked a court to order the secretary of state to carry out what under state law would typically be a nondiscretionary duty. In any event, Beltway Democrats can't inject themselves into what is clearly a matter of Illinois law.

The legal precedent here is the Supreme Court's 7-1 decision in Powell v. McCormack in 1969. Congressman Adam Clayton Powell had been accused of corruption but was nonetheless re-elected in 1966. House Democrats declined to seat him, Powell sued, and the Supreme Court ruled that Congress had acted unconstitutionally in denying him his seat. Congress could have expelled Powell with a two-thirds vote, as stipulated in the Constitution, but it couldn't deny him the seat in the first instance.
While the Constitution says the Senate can determine its own membership, the Court in Powell interpreted Article I, Section 5 to say that "in judging the qualifications of its members, Congress is limited to the standing qualifications prescribed in the Constitution." Nowhere in the Constitution is there a "qualification" saying that a Senator must not have been appointed by an embarrassing Illinois Governor.

Mr. Reid is also attempting the dodge of referring the matter to the Senate Rules Committee, which is run by Democrats, but the Powell precedent ought to be clear even to political lawyers. If Mr. Reid wants to banish Mr. Burris, he must first seat him and then persuade two-thirds of the Senate to expel him. Needless to say, the last thing Mr. Reid wants to do is create turmoil in his party by expelling an African-American Democrat whose only offense has been to accept an appointment to serve. But if Mr. Reid does go that route, we'd suggest worthier expulsion possibilities, such as Connecticut's Chris Dodd, who received sweetheart mortgages from Countrywide Financial while sitting on the Banking Committee.

Republicans want Illinois to hold a special election for the vacant seat, and we recommended that ourselves (as did Mr. Obama) when the Blagojevich tapes first became public. But now that Mr. Burris has been appointed, Mr. Reid can't legally deny him his seat. If this is the way Democrats are going to use their new monopoly on Beltway power even against a member of their own party, we're in for an ugly couple of years.

http://online.wsj.com/article/SB123094461932550595.html?mod=djemEditorialPage
 

kolanuraven

Well-known member
Why is it when the Conservative/Repbulicans loose....it's a conspiracy....but when the Liberals/Democrats loose...it's tought shite, too bad....so sad????!!!!
 
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