It took about four hours of lawyering, deliberation, wordsmithing and parsing — and one recess — but the State Canvassing Board completed its first long day of work this afternoon and set the stage for Monday’s start of a statewide gubernatorial recount.
A clearer definition of frivolous challenges at recount stations was established. Any challenges considered frivolous will be set aside and preserved so that lawyers for DFLer Mark Dayton and Republican Tom Emmer — and, presumably, members of the canvassing board — can get a look at them.
Secretary of State Mark Ritchie, citing state rules, said “frivolous” challenges are prohibited. But with Emmer behind by such a large margin, they appear possible.
Of course, with an unofficial lead of 8,770 votes, the Dayton side need not make any frivolous challenges on voter intent. The Dayton lawyers simply want a quick determination of which candidate received the most legally cast votes.
Emmer lawyer Eric Magnuson assured the board that his side wasn’t intending to make frivolous challenges; and, by the way, exactly what “frivolous” means is, as Magnuson said, “in the eye of the beholder.”
Supreme Court Justice Paul Anderson was the most vocal of the Canvassing Board members — and was most concerned about the board covering its bases so that groundwork isn’t laid for Emmer to seek an election contest after the recount.
Check back later today for full coverage.