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POLITICAL AGENDA

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    Senate election contest: Are there duplicate ballots? Coleman side says, 'You betcha'

    By Jay Weiner | Published Tue, Jan 20 2009 3:55 pm

    The topic of double counting (or duplicate) votes demands a double-helping of Political Agenda food-for-thought today.

    In the latest filing of legal documents by Al Franken’s team – reported earlier today here – Franken lawyer David Lillehaug wrote, “Coleman has not only failed to prove that any double-counting occurred in any precinct; they have not even attempted to do so.” (Italics are Lillehaug’s.)

    But in a subsequent chat, Tony Trimble, one of Norm Coleman’s election contest lawyers, told MinnPost that his side has concluded double-counting was “almost a certainty” during the recount. That’s based on discrepancies in some precincts between the number of voters who signed in and the number of votes counted.

    “It doesn’t take a genius monkey to figure that out,” Trimble said.

    (Note: That then makes your MinnPost correspondent eminently qualified to figure this out.)

    Of course, Franken’s recount lawyer, Marc Elias, Elias has repeatedly said in news briefings that there was no double counting.

    But Trimble points to one of Franken’s very own legal filings from Jan. 12 to show even the Franken side thinks some votes were counted twice.

    It’s a lengthy document midway down the page, called “Contestee’s Answer and Counterclaims.”

    On Page 28, Franken’s side points to probable double-counting of 34 votes in 12 precincts that seem to have favored Coleman, Trimble notes.

    “They’re not asserting that [double counting] occurred to their benefit, but they’re claiming it occurred to our benefit,” Trimble said. “That’s a tacit admission that it does occur.”

    Added Trimble: “They’re admitting it’s not only a likelihood but almost a certainty that it’s occurred … We know it’s a certainty.”

    Trimble said the Coleman side believes there could be as many as 150 double-counted votes statewide; of course, not all would go to Coleman.

    Fritz Knaak, Trimble’s legal colleague, has said the Coleman side will present testimony of at least one witness who saw double-counted votes in at least one precinct.

    This issue of whether there have been votes counted twice will be on the agenda for Friday’s “summary judgment” hearing before the three-judge panel.

    Meanwhile, Franken filed a lengthy brief supporting an earlier motion that he get his election certificate sooner rather than later. He wants to be seated in the Senate before the election contest ends.

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    Political Agenda is a place for quick-hit news about Minnesota's political scene and players. MinnPost's staff, including Eric Black, G.R. Anderson, Joe Kimball, David Brauer, Doug Grow and MinnPost Washington correspondent Cynthia Dizikes will contribute items about local and state government, plus national political doings that have a Minnesota angle. Items will appear throughout the day, so check back often.

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