Posted at 10:06 AM on November 26, 2008
by Tim Nelson
The five members of the State Canvassing Board have unanimously rejected a request to include rejected absentee ballots in the ongoing U.S. Senate recount.
Secretary of State Mark Ritchie said there may be more than 10,000 rejected ballots, possibly as many as five percent of the absentee ballots counted. A little under 10 percent of voters cast their ballots that way.
The board said that it was up for the courts to sort out the facts in the case, but that the board would only count what were
"I think we'd all like to avoid a lawsuit, but I think the statutory electory laws force us into this decision," said assistant Ramsey County District Court judge Edward Cleary.
I found listening to them talk about it very educational. They think, and I think many will agree, that the law was clear that they can only rule on votes cast. The fact that the ballots were not cast (as currently ruled by election day election judges) that they have no right to rule on them.
They did make it very clear that they think a Judge might rule some of the ballots as properly cast, so that they can then rule on them or count them in the recount.