About time Coleman v. Franken (PDF of case A09-697)was decided and in this case, unanimously:
1. Appellants did not establish that, by requiring proof that statutory absentee voting standards were satisfied before counting a rejected absentee ballot, the trial court's decision constituted a post-election change in standards that violates substantive due process.
2. Appellants did not prove that either the trial court or local election officials violated the constitutional guarantee of equal protection.
3. The trial court did not abuse its discretion when it excluded additional evidence.
4. Inspection of ballots under Minn. Stat. § 209.06 (2008) is available only on a showing that the requesting party cannot properly be prepared for trial without an inspection. Because appellants made no such showing here, the trial court did not err in denying inspection.
5. The trial court did not err when it included in the final election tally the election day returns of a precinct in which some ballots were lost before the manual recount.
Affirmed. Per Curiam.
I am as curious as Eric about what will happen next but I am going to say it out and loud: If the GOP doesnt allow Franken to be certified, they can kiss their asses goodbye in 2012. No constituency is going to want to see these shenanigans happen in each and every election.
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