“Senate Recount: Coleman Appeals to State’s Highest Court”

The Star-Tribune offers this report. You can find Coleman’s emergency motion here. I’m not sure I understand the legal basis for this motion. If Coleman has the authority himself to exclude any absentee ballot he disagrees with having counted, he can exclude all of the ballots and then have them counted in a later election contest, thereby avoiding the potential Bush v. Gore equal protection problem. I certainly understand the political basis for this request. The Coleman campaign must have calculated that it is likely to lose once these “fifth pile” absentee ballots are counted, and there is going to be a great political benefit to being the declared victor going into any post-certification litigation.

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