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Saturday, December 27, 2008

Minnesota Supremes Shoot Down Crucial Coleman Lawsuit, Making A Franken Win Nearly Certain

By Eric Kleefeld

Norm Coleman just got a Christmas present from the Minnesota Supreme Court: A giant lump of coal.

In a unanimous decision handed down just now, the state Supremes denied Coleman any relief in a lawsuit he was waging to deal with allegations of double-counted absentee ballots, which his campaign says have given an illegitimate edge to Al Franken. The Coleman campaign was seeking to switch 25 selected precincts back to their Election Night totals, which would undo all of Franken's recount gains in those areas and put Coleman back in the lead.

The court, however, sided with the Franken camp's lawyers in saying that a question like this should be reserved for a post-recount election contest proceeding, as the proper forum to discover evidence -- and which also has a burden of proof that heavily favors the certified winner.

Simply put, Coleman is in very big trouble right now. With Al Franken leading by 47 votes, this lawsuit was Coleman's best shot at coming from behind. And it just failed, making a Franken win nearly a foregone conclusion when this recount finishes up in early January.

Late Update: The Coleman campaign's lead lawyer Fritz Knaak says the court's decision today "virtually guarantees that this will be decided in an election contest." So say hello to some messy litigation. But at the point where we go into an election contest, the chances of a Coleman victory are really slim to none.

Original here

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