"Coleman is casting wider net for votes" declares the headline at the top of page one of yesterday's Minneapolis newspaper. It isn't hard to understand why that would be. He's behind by 225, and the issues his attorneys had heretofore raised would, if they were all resolved in Coleman's favor, leave Franken still ahead. So they're looking for more. His legal team's method is to request from local election officials thousands of pages of documents, which, if produced, they will no doubt mine in an effort to uncover something--anything--that can be used in their election contest. What they got is not enough.
The Star Tribune article quotes Scott Johnson, one of the Power Line philosophers, on the alleged ineptitude of Coleman's lawyers. Power Line has itself, however, been all over the place on the recount. On December 30, John Hinderaker summarized the maneuverings up to that point before concluding:
One way to look at the situation is as follows: most likely, Coleman is "ahead" currently by around 80 votes (assuming that he eventually wins the duplicate vote issue). So, unless Franken gains a net of 80 votes or more on the absentee ballots, Coleman is likely to win the election contest.
That would have been one way to look at it. Franken, however, gained not 80 but 180 votes when the wrongly rejected absentee ballots were added to the tally, causing Scott Johnson to write, on January 3:
I wonder whether Senator Coleman may now choose not to file an election contest following the declaration of Franken as the winner of the recount on Monday. . . . My guess is that [Franken's 225-vote lead] will give rise to some sober rethinking on the part of Senator Coleman, whose only recourse is an election contest.
Turns out that it was Hinderaker who had been "rethinking." On December 30, with Franken ahead by 40 to 50 votes, he concerned himself with the 130 ballots from heavily Democratic precincts that, according to Coleman, had been counted twice; on January 5, with Franken's lead now somewhat north of 130, he turned his attention to "highly legitimate issues surrounding the election which have not yet been addressed by any body." These highly legitimate and unaddressed issues included, in addition to a now insufficient number of allegedly twice-counted ballots, 654 more absentee ballots that had been rejected on election day. By January 6, Johnson, extolling Hinderaker's "lucid exposition of the issues still at play," was no longer speaking of "sober rethinking" in the Coleman camp.
Hinderaker's argument is lucid only in the sense that it's easy to see how weak it is. By his own account of the State Supreme Court's ruling--
On December 18, the Minnesota Supreme Court ordered the state's county election officials to "identify for the candidates' review those previously rejected absentee ballot envelopes that were not rejected on any of the four bases stated in [Minnesota statutes]." That process is now apparently complete, and the counties have identified 1,346 such ballots. They are conventionally referred to as the "wrongly rejected" absentee ballots.
The Supreme Court further ordered the campaigns to try to agree on which of these ballots were, indeed, rejected in error. As to all ballots where such agreement is reached by the county and both campaigns, the votes will be tallied as part of the recount process. As to any ballots where a dispute remains, the dispute will be resolved in the election contest that presumably will follow the recount.
--the 654 ballots have been addressed. The Supreme Court held that election officials are to identify for the candidates' review wrongly rejected absentee ballots, which ballots would then be opened and counted when the two sides, inspecting them one at a time, agree that the vote should count. That happened, and Franken's lead surged to 225. The 654 votes Hinderaker is talking about were not identified by election officials. They were identified by the Coleman campaign. According to the Star Tribune article, local officials, striving to be fair to Coleman, have gone back and reviewed again the ballots he wants counted, and determined again that all were correctly rejected.
What is the chance that the judges hearing the election contest will overturn a process prescribed by the Supreme Court and then scrupulously executed by election officials? Not even the Power LIne boys were pursuing this line of attack--until Coleman's deficit grew beyond the number that could be overcome if all his other claims were accepted.
There's one other thing you don't learn at Power Line. On the morning after the election, Coleman appeared in public, claimed victory, expressed his confidence in the election system, and indicated that Franken, to spare taxpayers some dollars, should forgo the recount provided for in state law. He was asked whether, if he were in Franken's place, he'd take his own advice. He answered that he would, because the time for healing had arrived.