WSJ - APRIL 18, 2009
Some Senate absentee ballots are more equal than others.
Meanwhile, back in the Minnesota Senate recount, the three-judge panel reviewing the race has declared Democrat Al Franken the winner. Republican Norm Coleman intends to appeal to the state's Supreme Court, while Democrats and the press corps pressure him to surrender. We hope Mr. Coleman keeps fighting, because the outcome so far hangs on the fact that some votes have been counted differently from others. Even after the recount and panel-findings, the 312-vote margin separating the two men equals about .01% of the 2.9 million votes cast. Even without any irregularities, this is as close to a "tie" as it gets. And there have been plenty of irregularities. By the end of the recount, the state was awash with evidence of duplicate ballot counting, newly discovered ballots, missing ballots, illegal voting, and wildly diverse standards as to which votes were counted. Any one of these issues was enough to throw the outcome into doubt. Combined, they created a taint more worthy of New Jersey than Minnesota.
The Coleman camp pushed for resolution of these problems during the recount, but it was stymied by a state canvassing board that cared more about preserving its "Minnesota nice" reputation than about making tough calls. The state Supreme Court also punted difficult questions. The mess then landed with the three-judge panel overseeing Mr. Coleman's contest trial, a panel that seemed out of its depth. (continues...)
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