By Noah Kunin, Senior Political Correspondent
Ben Ginsberg, representing former Senator Norm Coleman (R), ratcheted up the rhetoric in the Election Contest trial today by calling the initial election between Coleman and Al Franken (D) as “fatally flawed”.
“The more you see that whatever Minnesota law is…it is practiced very differently from county to county and that is a fatally flawed election” Ginsberg said Tuesday afternoon. Ginsberg continued arguing that “unequal standards” had been applied to similarly situated ballots.
For example, in Carver county election officials were meticulous in checking if the individual witnessing the absentee ballot was a registered voter or not – county election officials would then reject ballots were they could not find proof of witness voter registration. In Scott county, election official did not check witness voter registration at all.
Marc Elias, representing the Franken campaign, said that if Team Coleman considers the election to be systematicallyflawed they should file a contest with the US Senate as opposed to an Election Contest. Ginsberg sardonically replied that bringing Coleman’s concerns to the US Senate would be like dealing with a “stacked deck. The US Senate is currently controlled by Democrats.
Ginsberg still held out hope that the three judge tribunal would reconsider some of its earlier decisions and allow additional categories of rejected absentee ballots to be opened and possibly counted.