Minnesota Public Radio is reporting that the Minnesota Supreme Court has ruled unanimously in favor of Democrat Al Franken in the disputed 2008 Senate election case.
Below is a summary of the court’s findings:
1. Appellants (Norm Coleman) 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.
Conclusion: For all of the foregoing reasons, we affirm the decision of the trial court that Al Franken received the highest number of votes legally cast, and is entitled under Minn. 32 Stat. § 204C.40 (2008) to receive the certificate of election as United States Senator from the State of Minnesota.
Both campaigns will speak later today. No word on whether Governor Tim Pawlenty will sign the election certificate.