The Minnesota Supreme Court spokesperson says the Court is prohibited by its Rules from posting the legal briefs of the protracted election litigation
involving U.S. Senate candidates Norm Coleman and Al Franken. The Court is
likely to issue a ruling in the next couple of days.
According to the spokesperson for the Court, Kyle Christopherson,
the Court's Rules, prohibit posting of the briefs. (http://www.mncourts.gov/Documents/0/Public/Rules/pub_access_rules_(eff_03-01
-2008).pdf)
The Minnesota Supreme Court spokesperson says the Court is prohibited by its Rules from posting the legal briefs of the protracted election litigation
involving U.S. Senate candidates Norm Coleman and Al Franken. The Court is
likely to issue a ruling in the next couple of days.
According to the spokesperson for the Court, Kyle Christopherson,
the Court's Rules, prohibit posting of the briefs. (http://www.mncourts.gov/Documents/0/Public/Rules/pub_access_rules_(eff_03-01
-2008).pdf)
The Minnesota Supreme Court spokesperson says the Court is prohibited by its Rules from posting the legal briefs of the protracted election litigation
involving U.S. Senate candidates Norm Coleman and Al Franken. The Court is
likely to issue a ruling in the next couple of days.
According to the spokesperson for the Court, Kyle Christopherson,
the Court's Rules, prohibit posting of the briefs. (http://www.mncourts.gov/Documents/0/Public/Rules/pub_access_rules_(eff_03-01
-2008).pdf)
OFFICE OF
APPELLATE COURTS
No. A08-2169 DEC 16 2008
—______FiLEp
State of Minnesota
In Supreme Court
Norm Coleman, et al
Petitioners,
vs
Mark Ritchie, Minnesota Secretary of State the State Canvassing Board, Isanti County
Canvassing Board and Terry Treichel, Isanti County Auctor-Treasurer, individually and on bebaff of all
County and Local Election Officers and County Canvassing Boards,
Respondents,
and
Al Franken for Senate and Al Franken,
Intervening Respondents.
BRIEF OF AL FRANKEN FOR SENATE AND.
AL FRANKEN IN OPPOSITION TO AMENDED PETITION AND MOTION
FOR INJUNCTIVE RELIEF
William Z., Pentelovitch (#85078)
Mary R. Vasaly (#152523)
Maslon Edelman Borman & Brand, LLP
3300 Wells Fargo Center
ineapolis, Minnesota 55402-4140
‘lephone: 612.672.8200
Pacsimile: 612.672.8397
David L. Lillehaug (#63186)
Mare B. Blias (D.C. Bar # 442007) Steven Z. Kaplan (#53739)
Kevin J. Hamilton (WSBA # 15648) Fredrikson & Byron, P.A
Perkins Coie LLP 200 South Sixth Street
607 Fourteenth Street, NW, Suite 800 Minneapolis, Minnesota 55402
Washington, DC 20005-2011 ‘Telephone: 612.492.7000
Telephone: 202.628.6600 Facsimile: 612.492.7077
Of Counsel Counsel for Al Franken for Senate and Al Franken‘TABLE OF AUTHORITIES.....
INTRODUCTION.
TABLE OF CONTENTS
STATEMENT OF ISSUES PRESENTED... ssn
STATEMENT OF THE CASE...
ARGUMENT...
L
I.
ML.
CONCLUSION
‘The State Canvassing Board Correctly Recommended that County
Election Officials Identify and Count Absentee Ballots that, Pursuant
to Cleat Minnesota Law, Were Erroneously Rejected...
While Counting Erroneously Rejected Absentee Ballots Raises No
Constitutional Concerns, Refusing To Count Them Would Violate
Equal Protection,
A. The Board’s Recommendation Is Fully Consistent with the
Federal and State Constitutions...
B. The Vague References Petitioners Make to Potential
Complications Are Without Basis in Fact of Law. sere
C. To Fail To Count Ballots Left Uncounted without a Statutory
Basis for Rejection Would Violate the Federal and State
Constitutions.
D. Petitioners’ Proposed Procedures Would Produce a Disruptive,
legal, and Unconstitutional Result...
Petitioners’ Motion for Temporary Relief Should Be Denied Because
Petitioners Have Not Shown That They are Entitled to Extraordinary
Reliefs
12)
12
15
19.
22
24
20)TABLE OF AUTHORITIES
FEDERAL CASES
Burdick v. Takushi, 504 U.S. 428 (1992). 20, 28
Burson v. Preeman, 504 US. 191 (1992) cv 20
Bush v. Gore, 531 U.S. 98 (2000) 13, 14, 19, 20,
21,22, 27
League of Wonen Voters ». Brunner, F.3d _, 2008 WL. 4999087 (6th Cit, 2008) vacuo 21
Pierce ». Allegheny Cly. Board Of Electrics, 324 F. Supp. 2d 684 (W.D. Pa, 2003)...ncnnnennnnn22
Reynolds ». Sims, 377 US. 533 (1964) nc
Wesberry v. Sanders, 376 US. 1 (1964) 20
STATE CASES
In re Application of Andersen ». Donovan, 19 N.W.2d 1 (Minn. 1962)... non, 8, 9, 10,
11, 12, 17, 19,28
Breza v. Kiffmeyer, 723 N.W.2d 633 (Minn. 2006)... 1. 23, 24
In re Candidacy of Independence Ea Candidates Moore v, Kifer 688 N.W.2d 854 (Minn.
2004) a sen 28
City of Mounds View o. Metropolitan Airports Commission, 590 N.W.2d 355 (Minn. Ct.
App. 1999) enn fee 28
Contest of Seb. District Election Held on May 17, 1988 v. Gross, 431 NAW.2d 911 (Minn,
Ct. App. 1988) = 7 8,9, 11, 12,
18, 19, 21, 23, 25
Costly ». Caromin House, Ine., 313 NW.2d 21 Minn. 198 )snnonnnnnnesnnnninnsesnee 24, 25
Dablberg Brother: Inc. ». Ford Motor Co., 137 NNV.2d 314 (Minn. 1965) 25, 26
Dougherty . Holm, 44 NW.2d 83 (Minn. 1950)... vo a)
Eason 1, Independent School District No. 11, 598 N.W.2d 414 (Minn. C1. App. 1999) 25