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Republican NationalLawyers Association MUR6166

RESPONSE AND OBJECTIONS TO COMPLAINT

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The Republican National Lawyers Association (the "RNLA" or "Respondent") submitsthis Response and Objection(s) to the Complaint filed against it with the Federal ElectionCommission (the "Commission'1) by Brian Melendez, Chair of the Democratic-Farm-LaborParty of Minnesota ("DFL") (collectively, "Complainant"), alleging that Respondent violated theFederal Election Campaign Act of 1971, as amended (the "Act") (the "Complaint").

Respondent affirmatively states that the facts demonstrate there is no reason to believethat Respondent has committed a violation of the Act.

The Complaint concerns the general election on November 4, 2008 in the State ofMinnesota (the "election") involving Republican Senator Norm Coleman ("Coleman") and DFLcandidate Al Franken ("Franken"). Because the margin of votes separating the two candidatesfell below one-half of one percent, the initial election results triggered a mandatory statewiderecount and legal proceedings, which have yet to be concluded.

The Complainant has made certain allegations in its Complaint with no documentation orevidence of the veracity of any of its claims. None of the allegations are true, to-wit:

Allegation: "[RNLA] may not make contributions to Coleman for Senate 08, theColeman Minnesota Recount Committee, or the Republican Party of Minnesota's federalaccount. Yet it appears to be doing just that" Complaint \ B.2 (emphasis added).

FACT: RNLA has made no contributions to Coleman for Senate 08, the ColemanMinnesota Recount Committee, or the Republican Party of Minnesota's federal account SeeAffidavit of Michael Thielen, Executive Director of RNLA, at 1 10 [hereinafter Thielen Affi][attached as Exhibit Al.

WASH.MU707.3

Allegation: "The solicitation purports to use donations ... to combat Fnnkcn's legalefforts, creating a strong Inference that the RNLA is supporting Coleman's recount efforts withsoft money.1' Complaint U B.2 (emphasis added).

FACT: RNLA has not supported Coleman's recount efforts with soft money. SeeThielenAffillO.

Allegation: "{Tthe RNLA has made contributions to Coleman's recount effort in excessof $1,000, it would have been required to register as a political committee." Complaint JB.3(emphasis added). "J/'Coleman received contributions from the RNLA, he and the RNLA would

U3 have had to report them to the FEC." M^B.4 (emphasis added).ooO FACT: RNLA has not made contributions to Coleman's recount committee, thus there is•H nothing to report to the FEC. See Thtelen Aff\ 10.

A Violation of the ArtOor» There are DO facts to support the Complaint There is not a single fact contained inoj the Complaint: no documentation, no facts attested to by any witness, and no evidence to

substantiate any of the claims in the Complaint. There are only speculations and baselessassertions, each of which is controverted under oath by the Executive Director of the RNLA,Michael Thielen, who has actual knowledge of the Acts and has testified to those Acts.

The Complaint must, therefore, be dismissed.

The Complaint falls to comply wtth the provisions of 2 U.S.C. § 437g for proceeding•gainst a Respondent for a potential violation of the Act. The Complaint utterly fails tocomply with the requirements governing complaints under 2 U.S.C. § 437g(aXl) and 1 1 C.F.R.§111.4:

(c),..The complaint should differentiate between statements based upon personalknowledge and statements based upon information and belief.(d) The complaint should conform to the following provisions:

(1) It should dearly identity as a respondent each person or entity who isalleged to have committed a violation;

(2) Statements which are not based on personal knowledge should beaccompanied by an identification of me source of information which gives rise tothe complainants belief in the truth of such statements;

(3) It should contain a clear and concise recitation of the facts whichdescribe a violation of a statute or regulation over which the Commission hasjurisdiction; and

(4) It should be accompanied by any documentation supporting the factsalleged if such documentation is known o£ or available to, the complainant." 1 1C.F.R.§111.4(c)and(d).

Complainant alludes only to an RNLA fundraising solicitation referencing the Minnesotarecount However, nothing in the solicitation or any other document furnished by the

2WASH__5683707.3

Complainant substantiates a violation of the Act. The Commission's requirement of facts tosupport a claimed violation of law has not been met by Complainant in even the most cursoryfashion. Every potential violation of the Act in the Complaint is preceded by a statement to theeffect that "if this happened it would be illegal...."

None of the Complainant's hypothetical occurred, and no violations of the Act werecommitted by Respondent.

Respondent Has Not Violated the Act

One of the four primary purposes of the RNLA is:f^s

i? Advancing Open. Fair **»4 Honest Elections. The RNLA seeks to promoteH open, fair and honest elections at all levels of American society in a non-m discriminatory manner and to provide access to the polls to all qualified and<M eligible voters. It provides election law training from preeminent election lawjjE professionals. It responds to requests for assistance from the Republican PartyQ and its candidates by communicating the requests to its members."01rsj RNLA, About the Republican National Lawyers Association (RNLA), available at

www.rnla.org/About RNLA.asp [attached as Exhibit B]: see also Thielen Aff. f 2-5. In supportof that mission, RNLA recruits attorneys for membership in the organization who are willing tovolunteer their time to assist in legal support activities for Republican candidates for state andfederal office when such support is needed on or after the date of a general election. None ofRNLA volunteer activities are "in connection with an election in which a federal candidateappears on the ballot" as that term is defined by 1 1 C.F.R. §100.24(a)(lXi), because the activitiesare not for the purpose of influencing the outcome of an election; rather, they are legal supportactivities on and after the general election day. See, e.g.9 Thielen Aff. f 2-6.

RNLA annually conducts a national training seminar which teaches attorneys from alldisciplines of the law about legal issues related to elections, recounts, vote fraud, electionadministration and other election-related areas of law. See RNLA, RNLA Event Detail, availableat www.mla.org/Events/Evental>*a«l.asp?Eventn>"SQQ [attached as Exhibit C]: see also Thielen

Further, RNLA has published white papers on various topics related to election integrityand voter fraud generally, and the Coleman-Franken recount specifically. See Leslie Rutlege,Franken vs. Coleman, Al Franken 's Attempts to Be Seated as U.S. Senator for Minnesota - NoLaughing Matter (Feb. S, 2009) [attached as Exhibit D]: see also RNLA, Minnesota SenateRecount Update, available at www.mla.ory/White-Papera.asp [attached as Exhibit El: Thielen

RNLA helped recruit its members to volunteer their time in the days and weeks followingthe November general election in Minnesota, See Email from Michael Thielen to mla-current-memberrtaiist8.li8.com (Nov. 11, 2008, 8:56am) [attached as Exhibit F]: see also Thielen Aff.1 6-7. Such volunteer recruitment and participation by RNLA members in the canvassing andrecount efforts, however, do not constitute a contribution within the meaning of 2 U.S.C.

WA3H_6693707.3

§ 431(8XB)(i) and 11 C.F.R. § 100.74. RNLA did not pay or reimburse its members for theirvolunteer activities. Id. 19.

RNLA has been the national voice since November 4,2008 keeping Republican loyalistsand RNLA members across the country updated on the status of the Minnesota recount andensuing litigation, and shining a national spotlight on efforts by the DFL and Franken to thwartthe will of the majority of voters in Minnesota and change the outcome of the November electionin Franken's favor. Id. f 6; see also RNLA, Minnesota Senate Recount Update, available atwww.rnla.orgyMN-News-Archive.asp [attached as Exhibit Q].

Additionally, RNLA organized a coalition of prominent thinkers on ensuring fairness and^ justice in the electoral process. On February 7, 2009, the group co-signed a letter to SenateQ Majority Leader Harry Reid (D-NV) and Senate Minority Leader Mitch McCoimcll (R-KY),H encouraging the Senate to restrain from seating Fnmken before the judicial process in Minnesotam has reached a final determination for certifying a winner - a position the Senate has adopted to2J this day, despite earlier reports in the media to the contrary. See Letter to Senators Harry Reid5 and Mitch McConnell (Feb. 7,2009) [attached as Exhibit H & Exhibit F).Qon Advocacy of an "open, fair and honest election" hi Minnesota is in keeping with a<M primary purpose of RNLA and does not constitute activity subject to regulation by the

Commission, because RNLA has made no contributions or expenditures as defined by the Act.See 2 U.S.C. §§ 431(8XA), (9XA).

Conclusion

Because there are no facts constituting a violation of the Act, there is no reason to believethat a violation of the Act has occurred and the Complaint must, accordingly, be dismissed.

[Signature page follows]

WA3H_6«3707.3

Respectfully Submitted,

Cleta Mitchell, Esq.Foley & Lardner LLP3000 K Street, NW #500Washington, DC 20007(202)295-4081

or. (202) 672-5399 (facsimile)oo® Counsel fin: Respondentm Republican National Lawyers Association

^ Submitted via hand delivery this ' day of April, 2009

^ Office of General CounselFederal Election Commission999 E Street, NWWashington, D.C. 20463

WASH_6fl93707.3

' About the Republican National Lawyers Association (RNLA) Page 1 of 1

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MftmhOTMillB^iHvMypn to Join

Infomiatton Jar Republican Leadara

Mlulora of tht Republican National Lawyora

As the principal national organization of Republican lawyer*,MBA AMMfluBl JI M BB^A A AtBaMB^Jttmji — — * jhf avBE* kldkMA JB*In* MMOGHnOfl liaa • wnjeONl •K Or ireVMOIW • ••oomptotiMnlary, and nono of which dupRcate tnlaatansaocoRBlWiad atoawhani. Each manibar of lha AaMdatton

of ttwra fnisalona, which Indudai

Tha RNLA la cotnpnaad oflawyare and law atudanta who advanca lha profBiilonallBm oftawyara ganaraly. It gathers Republican tawyamfer togal—• «•— —•—*—• *— i^« i^ ^^»mi^^ki * |A^JM|MAL«Aaoucanon raiano K> HW in poaocait govammani, ngmaovaand private firm aattnoa. It provides a nationwide network oftallow professionals by practice area who ahare experttM.

aaaki to protnota opan( Wr and honaat alaoUona at all lavatoof Amarican aoclaly In a noiHlacrinwiatoty manner and to

It provides election law training from preanaWit election towprofaaHonaaii It raaponda to laojueata lor aaalatance WOM theRepubicanPart>andlticanoTdrtaebycoiwnunlcatlngthareQuaati to Hi mambere.

iportunHy. The RNLA nahMOfca towyant

national evento aJtow IpoUUcal and oovammentol aodabn. It ptovktoa an advancedweb iervtee alowtog mambera to ahem profaialonBl

wMh other membara and pareone aaaUngL It ofganbM local chaptara wHhln

which members can eaak career advancemer

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http://imla.orttyAboutRNLA.asp 4/3/2009

RNLA Event Detail Page 1 of 1

2009 National Summer Election Lmr Seminar andSchool

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RoneM Reagan PfMktonlW Library and Miwauni40 PfssMontlBl Drive81ml Valtoy.CA 93085

The 2009 National Summer Election LawSeminar wiH be held Aug. 14 -Aug. 15 at theRonald Reagan PreildentJal Library and MuseumIn Shnl VaUey, CaMomta. The annual event te aprofdfitonall Jiught CLE Courae on baate andadvanced election lawtRHnnQ. The comeewofk•pant one and oneself days and covert a variety— * m — . --- ^ • — ~»- , J|— - •^^M_« ^ — ^ — _ ^|— ••!••Ol lOTUBV NiGvUQailD DHalDC HOOBMb HlHCHmi

management, election cnaNnget and thezatton and management oforgar

The utmost care It taken to i^^^^.^ai^^ntvuciioni the protection of the conettutlonal

right to vote that avoldt any activity which wouldBruit or dtooourago (he right of anyone to catt atoga! vote, Inducing rede) mlnorMee. The event IBdoted to the pubic, and attendance of lawyer* torestricted to RNLA Members and select

Reese look for mom Information regarding theElection School toont

Copyright e 2007 FtopuMcwi I

ht^^/nJa.org/Events/EvcntsDctail.asp?EventIT>599 4/3/2009

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™ Franken vs. Coleman:

& Al Franken's Attempts to be Seated as U.S. Senator for Minnesota —

No Laughing Matter

A White Paper Prepared by Leslie Rutledge*

For the Republican National Lawyers Association

February 5,2009

"[T]he true principle of a republic is that the people should choose whom they please to governthem," according to Alexander Hamilton. 2 Debates on the Federal Constitution 257 (J. Ellioted. 1876) (hereinafter cited as Elliofs Debates).

BACKGROUND

The election results of Minnesota's U.S. Senate race remain undetermined and are nowKl& held in the hands of the Minnesota court system where they should be. Following the

[^ statewide administrative recount of the election results from November 4,2008, the Minnesota<Nq- State Canvassing Board declared, despite numerous irregularities that give rise to an argument*TO that the determination of the results violates the Equal Protection Clause, that Democrat Al

™ Franken had received the highest number of votes in the election (1,212,431 for Franken and

1,212,206 for Coleman). On January 6,2009, Republican incumbent Senator Norm Coleman

filed an election contest challenging whether the recount properly included legally cast absentee

ballots, whether double-counting of duplicate ballots along with the original ballots occurred,

and whether alleged missing ballots were properly accounted for during the recount process. In

bringing this suit, Coleman is asking the Contest Court to determine which candidate received

the highest number of legally cast ballots.

Al Franken's response has been to try to short-circuit the contest and ignore the question

of whether the recount results reflect the will of the voters. First, Franken petitioned Minnesota

Governor Tim Pawlenty and Secretary of State Mark Ritchie to issue a certification to the

President of (he Senate of the United States of the election results determined by the Canvassing

Board. This was in such clear violation of Minnesota law that even his fellow Democrat,

Secretary of State Mark Ritchie, refused to sign such a certificate. Then, when that failed,

Franken went to the Minnesota Supreme Court to petition the court to order the state officials to

issue the election certification. Franken v. Coleman, Minn. S.Ct. No. A09-64 (2009). In this

case, he is arguing that Minnesota law requires, and also that federal law pre-empts state law and

requires, issuance of the certification. Not only is the law in Minnesota clear—the Governor and

Secretary of State of Minnesota should not issue an election certificate for the office of United

States Senator until the election results are clear and no longer in dispute as determined by the

0, Contest Court—but the federal arguments are specious.0

ut Moreover, whatever the legal authority for election certification, as a practical matter,<\j*T where there is doubt as to the actual winner of an election, the process to finally determine the*T& winner should proceed until there is no longer reasonable doubt, which is certainly not the casefsi in the Coleman-Franken Senate race. Among other issues, there are approximately 12,000

rejected absentee ballots, approximately 4,800 of which the Contest Court decided on February

3,2009, should be reviewed. And even two Democrat elections officials conceded under oath in

the first week of the contest that there likely are a significant number of valid ballots that were

not counted. As Alexander Hamilton said during the debates on the federal constitution, "This

great source of free government, popular election, should be perfectly pure." (Elliofs Debates).

It is important that these significant potential errors, along with others that could overturn the

recount results, should be settled to ensure that voters are convinced the elections were "pure."

And if Franken, who has been on the record all throughout November and most of December to

"count every vote," was sincere in this sentiment, then he would have been side-by-side with

Coleman in asking the Contest Court to ensure that all these rejected absentee ballots were

reviewed under a uniform standard. Instead, Franken's lawyers have resisted this effort of

Coleman* st and Franken is hi a different court, akin to a three-ring circus, demanding that the

election be certified and that he be seated, with complete disregard for statutory law stating

otherwise.

The Minnesota Supreme Court should allow the Contest Court to continue, without

premature or provisional certification of Al Franken, to allow it adequate time to determine if the

Canvassing Board was in substantial compliance with the Equal Protection Clause in thein01 treatment of the ballots in question, and correctly determined the winner of the U.S. Senate race.

[^ Only after a determination of the contest does the law provide for the Governor and Secretary ofrvj*T State to issue a certification.*Ta0> ISSUES AND ANALYSISrsj

The Citizens of Minnesota Are Better Represented By an Open Seat in the U.S.Senate Than One Filled Provisionally, in Case the Seating is in Error

Franken is so anxious to get to the U.S. Senate, whether or not he is the winner, that he

even suggests that he could be seated provisionally, subject to the decision of the court in the

election contest. But if Franken is seated in the U.S. Senate, and later determined not to be

eligible to be seated if he was not the actually elected candidate, then for whatever period he was

"provisionally" seated his actions would be in question. If Franken is not seated, provisionally

or otherwise, in advance of a final determination and no Senate vote is close, the interests of the

citizens of Minnesota are adequately represented by the vacant seat. If Franken is seated,

however, and casts the vote that makes the difference in the U.S. Senate on something

contentious, then the vote, and Senate action, could later be subject to a legal challenge. In either

scenario, Minnesota and the country are better off with a vacant seat until the situation is finally

resolved.

Franken Selectively Ignores Clear Statutory Provision! In Order To Make His Pleato Be Seated In the UJ5. Senate before the End of the Coatert of the Recoant Resaltt

In his petition, Franken has asked the court to turn a blind eye to one subdivision of the

statute that he relies upon to request provisional certification, which states in part: "In case of a

contest, an election certificate shall not be issued until a court of proper jurisdiction has finally

determined the contest.1' Minn. Stat § 204C.40 subd. 2 (2008). The language of subdivision 2 isCD& clear and unambiguous, and thus a need to construct its meaning is unnecessary. Courts haveCD[Jj long held that when statutory language is precise and unambiguous, the courts are not at liberty

^ to construe it Knopp v. Gutterman, 102 N.W.2d 689 (1960).qrOon In presenting his case, Franken argues that subdivision 1, on which he relies, is "more™

specific" with regard to certifications being issued in United States Senate races, and, therefore,

it is the controlling subdivision of section 204C.40. Thus, Franken boldly asks that the court

completely ignore the clear language of subdivision 2 of that statutory provision. While

subdivision 1 addresses the preparation and method of delivery for a certificate of election, it

does not speak to the time in which the certification must be made. Subdivision 2, entitled

"Time of Issuance; certain offices," specifically addresses not only the amount of time for which

a certificate shall be issued, but it clearly states that a certification shall not be issued in the case

of a contest until a court of proper jurisdiction has determined the contest. Thus, it is clear a

certificate shall not be issued until after the Contest Court has decided this election contest.

Moreover, the Minnesota courts have consistently held that a statute should be interpreted

to give effect to all of Us provisions and that "no word, phrase, or sentence should be deemed

superfluous, void, or insignificant." Amoral v. Saint Claud Hasp., 598 N.W.2d 379,384 (Minn.

1999). Furthermore, the courts have long held that various provisions of a statute should be

interpreted in light of each other. Minn. Equal Access Network Servs. v. Burlington N. A Santa

Fe R.R., 646 N.W.24 91 1 (Minn. Ct. App. 2002).

Franken's argument that Subdivision 1 is controlling fails because there is no means to

reconcile the two subdivisions if his interpretation is given credence. If a certification is issued

to Franken prior to the court's ruling on the election contest, as Franken asserts should occurhs

Q under Subdivision 1 , both Governor Pawlenty and Secretary of State Ritchie would be in«HLn violation of Subdivision 2. Compliance with Subdivision 2, however, does not cause eitherCM

official to violate Subdivision 1 . A reading of the statute in its entirety makes it clear that once

an election contest has been filed, as is the case here, the issuance of a certification should be

delayed until the case has been determined by the court.

Franken's basic request to the court is that it should require that Governor Pawlenty and

Secretary of State Ritchie certify him provisionally, so he can be seated in the United States

Senate. He asks for this, while acknowledging that at some later point this may be found to be in

error. In recognition of this point, his petition notes that the court would have the authority to

unseat him at a later date, should the Contest Court determine different election results than the

Canvassing Board, by relying on Minnesota Statute Section 204C.40 subdivision 1, which states

in part that M[I]n the case of a contest, the court may invalidate and revoke" a previously issued

certificate of election results if the court finds that those results are different from the ones

determined by the Canvassing Board. In other words, Franken is asking the Governor and

Secretary of State to certify the results so that he may be seated in the U.S. Senate even though

he may be unseated shortly thereafter if the Contest Court determines that the results of the

Canvassing Board were in error and that Coleman received a majority of the votes cast Thus,

Franken needs to take a seat, although not in the U.S. Senate, and allow the statutory process as

specified to occur, so that each vote legally cast by a valid voter is fairly and accurately counted.

Franken Absurdly Argues that Delaying Certification Encroaches on the U.S.Scute Authority ns Set Forth in Article 1, Section 5 of the U.S. Constitution

Fronken's argument that delaying the certification of the Canvassing Board's election

co results encroaches on the U.S. Senate's authority as set forth in Article 1, Section S of the Unitedo>O States Constitution is absurd at best. U.S. Constitution Art I, § S suites in part as follows: "Eachf*iJJj House shall be the Judge of the Elections, Returns and Qualifications of its own Members...."<TMHp

Q In implementing Article 1, Section 5, in part, the Congress has adopted federal statutes 2onM U.S.C.S. §§la ft Ib, which state as follows:

§ la. Election to be certified by governor

It shall be the duty of the executive of the State from which any Senator has been chosen

to certify his election, under the seal of the State, to the President of the Senate of the

United States.

§ Ib. Countersignature of certificate of election

The certificate mentioned in the preceding section [2 U.S.C.S. §§la] shall be

countersigned by the secretary of state of the state.

To ensure that the statutes worked effectively, Rule II of the U.S. Senate Rules provides the

guidelines lor the presentation of credentials and question of privilege for the seating of a

senator.1 The reason why there is a federal statute and a Senate Rule is because the United

1 Standing Rules of the Senate, Rule II, Presentation Of Credentials And Questions Of Privilege1. The presentation of the credentials of Senators elect or of Senators designate and otherquestions of privilege shall always be hi order, except during the reading and correction of the

States Senate, in its wisdom, does not desire to trudge into each state to count every ballot to

determine the election results. Rather, the Senate has adopted a statute and rule so that it may

instead rely upon the appropriate state officials, i.e., the Governor and Secretary of State, to

provide the Senate with the certified election returns.

Franken's assertion that the U.S. Senate's authority has been encroached upon byOf*01 delaying the certification is nothing more than a politically motivated attempt to pressure

[^ Members of the United States Senate to grant him, not Minnesota, a seat at the table. Such<Ncar drastic measures are not necessary, however. The Senate's authority has been protected by its«5TO own adoption of 2 U.S.C.S. §la & §lb coupled with Senate Rule II, which outlines theonN procedure for the presentation of the credentials, and the Senate's longstanding tradition of

requiring certification of election results by appropriate state officials prior to it determining

whether to seat a newly elected Member. As a matter of fact, Assistant Majority Leader and

Democrat Senator Dick Durbin earlier this year regarding the certification of Senator Burris

stated on the subject of election certification: "Of course, he has to have a governor and secretary

of state certify his credentials—This has been a rule in the United States Senate since 1884...

Journal, while a question of order or a motion to adjourn is pending, or while the Senate is votingor ascertaining the presence of a quorum; and all questions and motions arising or made upon thepresentation of such credentials shall be proceeded with until disposed of.

2. The Secretary shall keep a record of the certificates of election and certificates of appointmentof Senators by entering in a wellbound book kept for that purpose the date of the election orappointment, the name of the person elected or appointed, the date of the certificate, the name ofthe governor and the secretary of state signing and countersigning the same, and the State fromwhich such Senator is elected or appointed.

3. The Secretary of the Senate shall send copies of the following recommended forms to thegovernor and secretary of state of each State wherein an election is about to take place or anappointment is to be made so that they may use such forms if they see fit

.We have never, ever waived the rule for any election or appointment—So ifs an important

rule, and one not easily challenged or waived."

Therefore, the Senate looks to the Governor and Secretary of State to provide it with the

certification. As set forth repeatedly, Minnesota's Governor and Secretary of State have

followed the letter of the law by not certifying the election results until the Contest Court hasCDO determined the election contest The case before the Minnesota Supreme Court is governed by

[Jj Minnesota Statute §204C.40 subdivision 2, which clearly states that when there is an electionPslqr contest, the certificate shall not be issued until a court of proper jurisdiction has made a*arO determination,onrsj

CONCLUSION

There is no reason for the Minnesota Supreme Court to force Governor Pawlenty and

Secretary of State Ritchie to issue an election certification at this point Governor Pawlenty and

Secretary of State Ritchie were correct in proceeding as the law dictates by not certifying the

results of the Canvassing Board once the Notice of Contest had been filed by Coleman. Both of

these elected officials recognized that this contest is an integral part of accurately determining

who the people of Minnesota have chosen to represent them hi the United States Senate. Issuing

a certification and allowing Franken to be seated—even provisionally—would not usurp the

authority of the U.S. Senate to determine its members, as Franken suggests, but would instead

usurp the will of the citizens of Minnesota to follow the statutory procedure outlined in Minn.

Stat § 204C.40 subd. 2, and would potentially undermine the actual will of the citizens of

Minnesota, as will be eventually decided by the Contest Court. The representation of the citizens

of Minnesota is too important for the potential of musical chain being played with one of their

U.S. Senate seats.

* Leslie Rutiedge Is a member of the Republican National Lawyer* Association and ike formerDeputy Counsel to the National Republican Congressional Committee.

The Republican National Lawyers Association (RNLA) over 3500 members are dedicated

Q to Advancing Open, Fnir and Honest Elections. The RNLA seeks to promote open, fair and^ honest elections at all levels of American society in a non-discriminatory manner and to*™fLH provide access to the polk to all qualified and eligible voters. It provides election lawfMeg- training from preeminent election law professionals. More information abont the RNLA is^ available nt www.rnla.org or via email at [email protected]

10

Minnesota Senate Recount Update Page 1 of4

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Letters, Press Releases, and White Papers

Th0 RNLA has iMusd a nsw White Paper, this tbna dateMngBdMOss of ACORN snd Us effect on Election Integrity. Thispaper also deals with how concerned citizens can rdpcombat ACORN's vote fraud.

Tha RNLA is very concerned about the systematic, bothacddentely and Intentionally, dlMnlhinchligmajTt Bf ourowaraaaa milHafy. IronksaNyi white many Iborato andDamowatodalm to^ba concsmad and often dte nebulous

mMtary voters ttiay are sUsnt.

RNLA flral White Paper of 2009 dealt wfth AJ Frankan'a^^a^^^ahS^ A«M ^k^kaA —•— BIA aim^ •.A^^^^h^hMa^ ^mt^^MM^^— *•aJOBOJDyi JQJKKaLfiiQwu ma Mnwsooj uocuon rRxsaas.

Press Releases

BREAKING NEWS ON ACORN

.RNLA First Vice Prbefore the U.S. House Commutes on the Judteten/sSubcomMtea on the Consttmton, CMI Rjflhtii amiI glvl

i raganJIng possMs ACORN violations oommRtod» Novemberduring the Novem

hsr testimony.Etectfon. dck bam for a copy of

HaMaJbeugh's testimony spurred uontroversy and moreImportantly may have. nurrad Mdlon on ACORN

Factor". On March 31st RNLA First Vtoa Prashtent HeatherHekWbauojh eppeaied on the O'ReJPy Fector to dtecuaa herteaonK)nybeloraaUSHousssuba)mnfMse.8eebelowtosee OTReUiyi reaction to aNgaflona about ACORN and whprominent Democrat Is now caflng for hearinos Into ACORN.

http://rnla.org/White-Papers.asp 4/3/2009

Minnesota Senate Recount Update Page 2 of 4

CfckhjoLto Me the RNLA'i I

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tn ACORN and ttio hearing that alerted Nail.Osj

^ • On April 1 the WnhingtonTInwt reported that HOUM*T JudkdaryChelrmanRep.JohnConym(D44l)isopentDO holdhigheajIngionthepreeledoralecttoneofACORNandon poaafcla connectlont tothe Obama campaign. In looking tof\j hold hoefUiga Into the acetate of ACORN Chairmen Conyora

lahaaoTng laalliiiofiy(ifRNLAmeiiibata<i>hotaalHiadbelbrea Houee auboommHIaa hearing thet fartherexpoeedvia acttona of ACORN. The Tinea article alao notoe that theteetfmony of RNLA Rrat Vice Proeldont Heather HeMabaughwaa pivotal In the change of heert on ACORN'S actions hi the2006 election. Cttck bem.to read the entire Washington Tinea

• AaareauRofRNLAinernberHeUelbauoh'ataatlmony,'Conyera auggaata probe of ACORN" 'In an atartllng partisanshift, Houea Judkslary Commttae Chairmen John Conyera Jr.on Thuraday propoaed huUbiy hearinga on dahna the IbetaladMat group ACORN enpegedjn e pattern of Crimea rangingfrom voter fraud to e mob*cryle pmtooHon" rackeL Mr.Conyera cawd the aooueatlona 'e pretty eenoua matter... IIhlnklnaHfafrneMweouQhttoreeByexern^ConyefBi who la known for hla drive to continue hweaHgaUngtheBi acMniatratton.rjrevfcwelyciererKÔctober, ha condemned an FBt voter fraud In wageUmtaigetlngthegroup....ButMr.(>)riyert>arMwaemetbyreetatance torn fetow Democrata on the eonvnRlaa, and Rwaa unclear vfhether a heerlng would be achadulad." dckQejB end IJOXB for more.

•ft lawyer Invorved with a lawiuJtayJnrt ACORN, or theAaaodallon of CommunRy OrganbaHona for Reform Now(kÂ AÛ UAin lk«A Ik^ • " L ^m «fc — -- j, I - -nee ion WNU rac me orgBimoon • ewera or me promerm

even mHona of ragletratlona are dumped Into the eyetam juetbefore a deedhie." The Interview can be heeid by linking tornthewabeteryDta

report* "In racaantmonne demanda for ACORN to be Inveeflgetod under theRacketeer InHuenced and Corrupt Organtzattorw Act (RICO)fbr repeated (nddanta of electoral fraud have been growing.But vodng-ratalad fraud la Juet the Up of the toeberg.'

ht^)://rnla,org/White-Papcr8.aap 4/3/2009


• During the hearing, Democrat Congressman and HouseJudjclary Committee Chairmen John Conyera (D^MI)repeatedly todtoatod mat ha thought it would be a good Ideeto heve a heering on ACORN "eo we can get to the bottom of

before the committee... I think In al toJmoss, we ought toreaJry exemlne IL And despite many HMreto claims out voterfraud does not occur! Democrat Congressman Mel Watte (D-NC) had Ms to say during the hearing: 'I would evenstipulate VI were to court mat voter fraud doee to fact takepiece. I might even stiputoto thet ACORN or some of Itsemployeee heve participated hi voter fraud.' A video of the

i hearing wll be evsJtobto soon.

• In reeponee to the hoofing end Congressmen ConyonV cellfar a heering! fonner Houee Judkstary GonunRlee Chekmenend current Ranking Member on the Subcommittee on theConeHtutton, CM Rlghte, and CM) Ubefflee CongreeemenSenaenbrenner (R-WI) Jejye LftjDMUBlfiaHLagreelng thetthe House Ju(fldaiyC()mrnitBeenould heve e heering onACORN. The alegetlonibrougM forth egetoet the practicesof... ACORN... deserve to be examined ctoeery. I am incornpleteagreemertvvrlhJiJOlderyChelmienC^ny^repaeted requeete that we should hold en oversight hearingdedfcated to examining ACORN'S ecUvWee.'

Letter*

On behalf of Its over 3500 Lawyers and Law StudentMembers RNLA's President end Chelr Congretutate the Hon.Mksheel Steele on being elected

A coalition of concerned groups signed onto the blowingtotter demand thet the Senate nojajwtflpyjQnojULSenatorfrjojtnJMinnMffiLuitfLlbB^^- - — - — . — * — YÂ !• iia • • - - • -«- -• f*A.m A _4^^^ ^m» J^CjQXDpjojB iiie woarano reaaeo RNLAenonsware meoenecessary becauee of Al Frsnksn and Senator MajorityI • LA^^^m •*—•-••— _JL.^L_ 4_ m-^—A e^B^k^B IkÂk^K ilÂLeeoer neny KMO s enwis 10 seec rienneii oeRmi vieprocess to complete and a wbmer to known. Senator ReUsubooojuont backing down tarn hto earitor posjHonanddecking to waR untt Mlnneeoteosroflee a winner wee evictory not Just far RNLA but tor al thoee who are concernedabout politics trumping the ruto of tow.

For More Information go to;

ContffiBtArchlvo

Help the RNÂ flpjht for a fair etoctfon and eoelnet votefraudl Sand your dotars to the RNLA ••JMfUMbackagalnat thoaa who would tear down our democracy throughvoter fraud.

http://Tnla.org/White-Papcrs.aap 4/3/2009


Or mall a check to:

RNLAPO Box 11905

ftntrtjuttonalDMRNUtarariotda^contributions for federal Income lax purpoaaa.

GopyriohtaJTOOT RopuMnn Ntfonri Lumen AMQCtaflOfii Al riQMi MMtvid,

O

in

Oen

http-7/mla,org/White-Papcrs.asp 4/3/2009

Cpjeman—=S==S U.8. SENATE

Recount Professional VolunteerConfirmation Form

10 Job DescriptionQ Professional volunteers (attorneys and non-attorneys) will be dq)loyed across Minnesota forr~< approximately two weeks. Each professional volunteer will be responsible for the counting locationIH within their designated county (laVger counties may have multiple counting locations). Professionalm volunteers will oversee legal volunteers and table counter volunteen in their location. All professional2J volunteer positions will be in the field -headquarters staff has been assigned.*3TQ We are working on securing assets such as cell phones and a direct hotline number for both theart political and legal teams. If you have a personal laptop computer and/or wireless card, we ask that yourj bring them with you to Minnesota. Professional volimteers will receive training at recount

headquarters on the evening of Monday, November 17 before departing for their deployed location.

Availability and Tune CommitmentDeployment timeframe options are listed below. Please check which timeframe you would beavailable and note any conflicts. Individuals should expect to work from 7:30 am to 5:30 pm dailyMonday through Friday.

Monday, November 17 - Thursday, November 27**dtpartf*gfttght* will be boaktdjbr tot Wadaauhy cma/ng or tarty Thursday. We an attt awaking aOKltioiiomwlutiitroriiQtcoimlliviMocatroHFHday,NamHbtr28. yyou an ablt to nmaln throughSauuvay, MVHMUMT 29puau MUV MM.

Saturday, November 29 - Saturday, December 13(TSM fwourt It oiHaflattm prior at Friday, Dtcmtbar 12 votMlttn \viudtpaft aajiur,

ExpensesWe are working to develop a plan for transportation, lodging and per diem ($50 per day). All travellogistics will be coordinated for you.

Contact Information

First Name:

Last Name:

Address 1:

Address 2:

City:

State:

Zip:

County:

Cell Phone: _

Work Phone:

Home Phone:

E-mail Address:

Referring Organization:

Attorney (yes/no): _ Active (yea/no):

Bar State. ID and Expiration: _

Driven License Name: _

Driven License State and Number:

Date of Birth:

Home Departure Airport:**all professional volunteers will fly into/out of Minneapolis Saint Paul International Airport (MSP)

Laptop Available (yea/no): Wireless Card Available (yea/no):

Emergency Contact and Relationship:

Emergency Contact Phone Number: __^__

Notes:

"PLEASE FAX COMPLETED FORM TO 651-305-4221 byWEDNESDAY, NOVEMBER 12**

[PiMfef byCoJonnnlpf Sml>


00O

This pflQft has been tornporaly dedicated 88 the news archive for thB Minnesota Senate Irough dais order, the oldest first.

The Minnesota Senate Election Contest and Related Matters

1. The canvas - a process to resubmt the vote totals from election night from local predrfound errors favoring Franken so Incredibly itatlstkalrylrripPObaDletrtfrtstatistldsnsareqthese counflag.

2. After consulting wUh the Democrat Attorney OeneisJ, at list Rttt*le rejected Franken-sAbsentee Ballots, relying on the Attorney General optota that such belkrts are not a sulfor the courts to decide In an Etoctlon Contest. The Attorney OeneraTs office opinion la hi

LDdt

3. During the recount en Election Official explained that an error resulted In Franken toelndouble counted some votea on election nlptiL But after pressure from Democrats led the •the Mark RRchls*lod Canvassing Board decided that the. recount woulol not .count.for thatinstead use the more favorable to Franken El BHon Day total.

4. After saying the recount doesnt count for an error uncovered hi Cotomarfs favor, Rltchboard to /ecommendthat the counties begin counting \vrongtuly" rekjrted absentee be*rejected request The Board «irej ajthougb.rj.ajrnlttejd ltl JW.auJho%.to cjOTpel jblaUgH. Some couness have stated they wll not count the ballots, and to add to the contugives conlRcttng and wrong advtoa on how to coum rejected belots. As the non-perttsanlconcludes In Its Amtous Brief fled on December 17: Here, rrmfe/tt/ega/DSSferorftaEfnsre are no ofWerte to guide the county 9lectojudwJWgim9nlwthi*ab9**oe tbs (reared (JHffiMwitfy/nfn/s ad nocnu siv, acfesri orfatkinc/eûa/prDlectfofi. pôrtheo

5. MSfwyhHo, a Ramsey County precinct ended up wtth 177 more besots than there werNkjhL In that case, the board decided to go wtti the tub* belots, rather than tie Electioncounty Is now showing more belots than voters In the precinct Thb gave Mr. Franken eirnearwhe^rjenetnsdbothvhttnr/Mnlna MML«vnterHelA/8R19ai 1

8. Most experts agreed that the majority of the chaHangeil recount votes are Mvotoua as itake a temporary lead by chsOengbig more ballots than CoJaman. Aa a result Cotoman chbesots to prevent this from happening, the Canvassing Board egaln took a eurprislng and-•_-•-• m. • ÊÎ—• — •—««^ • • ••_»_ ^P*^__^ aaV. fc^^ •_ _ _A_ j _mm •^•— • - - -* ordubious turn In considering cheBsnged baJots. Thus,board seemingly sums up the ettttude of the Board: "We're not going to be entirely constshow the baM strikes us.' " n i u i i m A

aMOMoj8c7PaP3E77K.3e:fiaaDliUoaE80_ae7Paf ^ but puflewhat has become a regutar development tor tnoTrlbum to pul quotes negetrv* toward F

•^Hufclj'a ^»BA ^m^J^ ^mM^t^Lnauiiev Oraoe maoe masv

standards In howged by either of the cainpaJp/ta. Ami the Canvassing Boerd appears torIt decided eome of these chatenged votes- fci ways that, again on net.

http^/rnla.org/MN-Ncws-Archive.asp 4/3/2009


them. •Cotoman spokesman Mirk Drake called the Frankon campaign proponl not credlserious. "We agreed that there would be a certain process, and the Frankan campaign lathat process,' Draka aaM Sunday."

7. Evidence to overwhelming that thacounting to favoring Frankan and dtoenfrancNalng'

exampte of It on their blog atJ]8toj4AMww..j

T _tebaantProfessor John Lottw

and also the ftli9i2m bjQ irpo 49Q/1ncoi9Maji

O

if\

& Next, tha double votes that ware counted for Frankan. Tha taaua before the state Supi^ft^^K^K^ft^t^J Bh4h8l ^^ Bkd^ AA* •B^M!B> BA^ C^k^ Ak^MM •«•&» AM !«^»| ^^»4»flMh^h^M I B^df^ha B\MM«»AAtfrfM I^MAJ A§A«oamagao DBBOBI mai couioni DO MM mrougn opncai acannani. unoar Minnesota MW, oneballots, marie tha copies as dupaoates and count Iham, and kaap tha originals In an anval*bom originals and dupacatsa mada K Into the recount, and his attorneys went to court wht

Mtp- ^^ftxir¥JwltVxjt matching dupltes•But during tha Senate recount, origjna

9. At least ooenMmber of tr»Caiw«e»lng Board was convinced that tr>efBw^started: •! do thbifc larval Issue, and I think rs a very gmxIHI În Star TribunapiJlladftomlalar addons, now rtBoard dacHnad to address this Issue.

10. Evan the leaolng Democrat Election Ofm lntheDenxxTBtstrofighoklofMlnneepollEtocBons tor Mlnneipois. Cindy Retehert. seems to concur with Cotoman'B aiseiament.* __ — — • ii mmm • D^Jdttkî^ -- l-l •*%•••§• m^ ^^Lji |§ „ -1 — n „ — — mlmmMmm* !• — • --- ----- •-• -- I^Ji^ l^^k MB^ •»IOTUP noffJi noKsnan wa. nMcnQn MHO n appoarv wocuon juagov wmimiy me inv mo nmade mirtakes.H lx>wlft supposed to vwicOr^------- *. j>_^ e^» •^•^•^ • ^ a9j *A i . ^BI L ^^k^B* •^bÂ&j ABm^ K^^^^^ki • — •• — * — *. j§__, -* — •• — *. — j ^recounii me secretary or aane • ornce requeeneo me utsjiiBi DBHOC • not me oupucaai • nlocate duptcatos and match them to their originals. But In some cases, thers were more (Retehert dM not now exactly how many ballots were effected. "I know It happened in sevc

1 1. Yet the Minnesota Supreme Court took the ing Board's poaUkring where evide

ThaJuatloefn be praaadouble-counted ballota Is better resolved In a court

g boards. The order slowed thooo disputed ballots to remain in the vote totals,

•IraKArkaLdcDaEQDUiMEyqylM^

12. Thus, tha Minnesota Supreme Court rejected efferts to reeorvedouWs voting by ssylrElection Contest, again bang entirely IrnxmslslBfit or maytooonslstom in backing the Caand pre-Franfcan approach. As to Rejected Absentee Balots which under the Attorney QiStato RMcMa s original (ntarpratBtlon of law ware only to be tha subject for an Election Gohad to be addressed during tha recount phaee. Now wtti double counting, it Is onty to beIn other words raanflaas of tha law, If Via Issue b percervvd to favor Frsriken, then the C

praKsartMcatJon during thanMountpnaae. If me toaua to paroalvad to favor Cotomordefers tha Itsueto the Election Contest phaae. The Minnesota Supreme Court, wNh caveof the Canvassing Board.

^M ^^^ ^Kl^j^^jJ H ^^^ft^ m •* — ••— ••— fcl— M. MB^HB^^^H^^. F^m^lmm^ 1^ • • A ••!• • ft^ Âî^^^ÂJk* m*mt9m un rafBGBNi Aosemee oasuia. nm surprmngry ( rranNen is musing ID meanngiusy pcreview them. ^Cotoman spokaaman Mark Draka calad tha Frankan campaign propoaal n>and not serious. "We agreed that than would be a certain process, and the Frankan cam

^

14. "Tha U.S. Senate recount apkaJad deeper Into confusion and Motoring Monday, wNhCotoman and DFLerAI Frankan at odda over how many rejected absentee ballots shouldSupreme Court deadHne to do so looming Just four daya away."

15. Part of the problem may be tha elfbrta of the Secretary of Stastfs oUtes to disenfranchevtdenosd by me folowlng amaH from Deputy Secretary of OUa Jim Oabmam on Sundiami A

Category 1."

folowlng amaH from Deputy Secretary of OUv Jim Oettxnann on Sunditor rejecting • UOCAVA abaantoa baHot to that the voter c

)—Into to a posetjIUty In cease hi which tha voter only sppropdetery rejected UOCAVA beflote that ware i

http://mla.oii/MN-New8-Arcliive.a8p 4/3/2009


• UOCMVAbtheUiilfomiedafidOvaraoften In the Secretary of State* office would bo taring over backwards to count the voAimed Services Mrvlng In places Hke Iraq. However, tueh voters are perceived to teen Rof State's office to making every effort, Including Mi extreoidheiyeiTial.todisBnlTancNe• Wwn a rrtltBty voter subinta toe Federal Vvitto^

co^

tha DadaraHon to a FPCA alfKNjgh tt haa a dMaranoatHtoiThtodHfevanca should not marregistration and abaantoa ballot apptteaflon do not raojubo a particular form, they merely rcertain Information and statements undar oath. SM203B.17,Subd.2.Bc*theDadaratfirequlrenierrts. Also, even tf the mitsiy voter to not n i ^raojuest an abaantaa ballot application at tha same tfcne...aOi even If the mWtary voter tonaubmtoaton of tha FWABwtJithe Declaration should: (1) register ttornWsry voter; (2) eeabaantaa baflot; and (3) count aa a baaoL 8eeJfflBjflftw*,tw W/J^^

^

. Democrat Amy Klobuchsr of Minnesota eaye that Frankon should be eeeted. Minnesota ssituation: rVe aaa thto as a thrae-act drama. tff by thto time next week, Al or Norm to dad

•"• re«ount-thBtto,attheefidofAdllbUbeforaActlll^w couknmaglneasceriarlowheretheDennQci ^(N maintains hto manjln. That would baa atop In tha face to Mlnnaaotafaknees. State lew Inij* contest. Saaflnpj eHhsr man wnse that to pondnpj wli be soon as a parttoan power play th;

CT ofthetaw.AcoiirtooiilastiioodnotbodrBôinbutRlathacenQ^Q IPs cvsr." Edtorial. Pionaar PIMS. http /v>n»w.twtndti(M.cQm x)lnk)n/d 11338324.

O)^ 17. Incoming National Repubttcan Senatorial CommNtoa Chair Texaa Senator John Com;

to Mealy declaring victory baaed on an ariMctoJ lead creeled on the back of tha double copaign's actions In the tost several days on the Issues of rejected absentee ballots are

coupkMiwând tfsonjer In the MW>esoto recount TN>ee scorns. coupkMiw^MbwiosotBi who suggeets aaaflng someone even If ttters to an election contest era unpranot accept a recount In which acme votes era counted twfcoi and I expect the Senate woicandklato who has not duty won an etoceon.

IB. Mora on wTonglj rajectod Absentee Basote. Bin both the Franken and Cotomen caiaddttonel ballots be included. In tanje part, the Inclusion of those has been rajectod. Fritzrecount attorney, sakJ the rates of Ihe recount, which the <ampekjn had agreed to, aren'tcampaign expected. He said that dMIerant sbvxiards ere being applied In clflerentcmjnfcthe campaign asked the court to demand that local oflnclatoaendeJthemtotakenK/ratoctiby local oflldato, the Cotomen campaign or the Franken campaign to state ofkee fix sort

19. From a totter from Cotonw ttcfney Tor HmWe: •AMpfuahave spent oounttest he12,000 absentee bsNot envetopss. By Chrtstmos Eve an egreement (the "Protocol1) wee p

oounty/ciy ejection offictohK (I) one iat spacHylng absentee baaânvotopaa to be openeima»f^t»mm ••• • •••nlft JM» —• *- - •—••-*• '— ———1—1—— I— tU^mm^^ f t fmnt l i imi 4 4 -* ft.•HJUMI HI •peaiyng eDsemee Dam enveiopee remaning in anpuaj. \oecaon 11 ana a*required lets have not resulted."Instead, a subtle form of political guorita warfare haa arisen. Confusing and InconsistentcofrfDundedouroounty/atyelectkxionte^multiply today and Friday unless changed now.Inconstotontbelot review and counting toMinnesota and our voters. The btotent and baaateaawnotoaatorajacaôfballotolbrpollseeing now, and R to not what we era supposed to be doing wder the Supreme Courfso•Presently, the fstes of inorethan 2.000 votes are at risk andTto play. We shoujd ai atopptoy by Ihe rutoe we all adopted si order to achtova a vaM atocHon raauR. hi order to ecMdemanded by the Supreme Court and deserved by Mhineeotons, we propose that the en^•Âadala ^tm «Mu » —• -. » . M_»_ IJ—_!••. J ka« ib^ f^matMf^^ m m ^ m m t m m 4W& flala^.mBDjnm KM any am as aoseniee IISIIUIB nenunsa oy me rremen campaKjn, me UONNINState and the county and local election offldoto be ssnt to the Secretary of Staters office tcampaigns and the Secretary of State wW review therrKrtertotoarxl<«em*iep*jreuenttcwhich Bbssntes beaots were Indeed wrongly rejected. Those besots will then be counted•«- -• m. -m . « mtm m mf-Jt .-— !•_•-•— _»SJB soneouieo meeong. |rui lenar aNraaaote ac

20. Aa usual, tha pro-Franken Star TMbune

http://nila.orByMN-News-Archive.asp 4/3/2009


Irony that the (ampeJgns have largely tnded poiltlonioncpuntlno»ddKtonalvotet.Fbfyunofficial load, R was the Franksn campaign that daty decried the danger of dtoerwYanchkFranken artead, ft Is Colemant troops wrw are melrtyabn to "bringing In ballots ttwt wore wrongly excluded,* atanVKnaakseid Wednesday.from the Frankon campaign." In addition to the 1,346 abaentae beflota afeeady Identlflad tfejeotadi Vie Colawan campaign In recent deye nee eaked coundea to review another 00*

abjo haveaoughtto have a smalsr number of abeentae bellota added to the let, oven thethey were ealMM wNh the local officials' Vat Knaak e^dlneetatamentthattheColemarprompted by concema that • oountHv ounty review of the wrong^ rejected baloto was•a subtle form of poUttcel guerrita warfare." R wet Irronslstent to review only Ihooeabser- • -- «- -- • » --- « --- • — J«— 1— .— M --- •- — .1-1 --- 1 . ------ a ,„ m m m m - «-- -A -- « — • ----- — mm --- m -- •rajaosjo] oy local onicejia, Knaan sen, ano HMMB out, n aonie out not an cases, amor Dewcampaigns.- hjtptfwww. jtedrlb^^

21 . Franken and tout the Star THbune haa claimed that CoJemen to being inconsistent hiflMfc fc^J«§flfc«4 C^ h^hk hflB |W 4MU I ftB al MH A** IflftAlU Atffe êUAAMeV^MBd^hl fe B\flHflMk^h fl fAHk« *A^B4fe ^MdJ HM* *Mûmwwunn. r fenran iv cononuing n toon vo uwennwicnive MinneeoiiBne wno OKI noi vontcontinuing to try to follow the rulea ao all legal votee are counted^Colernen'a poettlon It aMlnneeota Supreme Court and Ihe Canveelng Board. OrtglrAttorney QenereTa poeWon following the lew and having aHegedtoy wrongty rejected abetcourt during Ihe cooteet phaae. Now that Ihe law la not be followed <*hM been changed,

m W"? to an>un><nat ^^ wrongly rejected beJtoti ere counted now. Thus Coteman haterf\j legal votat whle Franken has always been lor tiouAttfiy only Ma votes.*T*3 22. Predictably the Rltchte tod Secretary of Slate's OhlceBoeid took the Franken cunpalO dtoenfrsncrsâdhuridreQôfvDawBltamothôn order from Ihe staûpreme Court, which gave the state untfto^f\t unH Tuesday to oertHy Ihe results. Under the order, both campaigns, M wel as local oflRc

---*- ' *- ' •-»— 11, „ 1 * »- -• I m^ «- «L < .ilii .n«. I. - 1..— MAU It uûat ^ Boa^ awrecn DBMNS uie ems wwumvu. LBK wesKi me womneii GernpBBjn seio • waiieju more athan counties or the Franken osmpelgn had elowed. It asked the court to revise Us ordereither campaign betaved were wiongJUly rejected would be sent to the state, rather thanhsdajreed to. Thsra would be 2,070 beJtots hi ttjetpie^Fria , the court cfdered Iheofficials and Ihe other partfas to provide It mora Infonnafcn about how the bsMots were ecprocess stopped.11 httoV/Vyww.iMdnclthA.floiTita(_11364704. Registration may be required.

23. How • Court could easay reveres (he csnvsssing board's pro-Franken decisions. "He1 10 net votes If the court were to take Coteman's aide on the duploate babot Issue. Ootarmake an Issue of the toss of 133 bedots ki MkmaapoHs, which the Canvassing Board rosenight count for that predncL If Cotoman were to prevel on that Franken would lose 46 vchttp onUnft.w«l.CQm/artlcWSB12310247716e3S1SQ1 Jitml

24. Some details of a potential election contest The standards for accepting or rojocfngfor either cencidats In a lawsuit, and Foley predicted that a lawsuit could atoo make use creceived Mtte or no attentton. ... Any lawsuit would go to • three-judge panel to be appolCtofJuetfce EfteMagnueon.delegato Ihe decision since ha served on vw Caiivisalng Boara. Whan the 1902 lanteeirecount and men a tawsuK, the chief Justice at the erne ordered ttw two cainpalgna to rnulIhe three-Judge panel. Stats law re9JresthatetrWstsrtwm)ln20daysoralawsuKbelncwould fsl on the cendWete who fled Vie chetsnge, who would have to provide evidence ideclared the wrong guy the winner of the recount Lewyers lor Ihe other csndWate wouldrefute dalms brought by their adversaries. ITs (Ifflk^ to predki whet twtotssnd turns Ihereany kind of goes back to lero," said Brian Rice, a MtaespoMettorney who's worked 01In local Mlnneeota races. . . . But the 1862 recount gives a Wnt that tt wont happen too qiJudge panel dWnt declare e winner unW Marah 21, 1063* Even that wouldn't necesseriy c• laweuR could appeal to the state Supreme Court, and legal concepts such as equal pro!ompdpn. could pmvkte fading

28. Why the rush to sset Franken? Do you Ihlnfc ; Democrets am worriej I about an Electorexpose RnohWs dMenftwichlesment of Cotoman votors and allowing Franken votes to ccSenate Camiiasjn Oonn«toe Oislran^•UJHk HK^ lM^*mmma&^ mm^tftm iÂ __^_|^^_ |L I. _.— ,. t^mmrn llaÂ Al f^m^Mfm^ ----- «k_ m t m m M m mVIM i me MtineeiiiB leouuni uuiiipMH, R IB now (fleer VMI M r renKen won uie eteceon ...poasfeto legal Issues that wM run their course, more la no longer any doubt who wW be tNftJItiMa^^M * fii " — ----- — — - - . - . __ — .Schumer said. iMli Ihe Senate eat to begin meeting on Tuesday to addressthe nation, It la crude! Vwt Mlnnesota'a seat not remain empty, and I hope thai

http://mla.org/MN-Ncws-Ardiive.asp 4/3/2009


26. Schumer should recuse Wmselffrom any Senate RutotCommMtoelwarinoionltoRchairman of the National Republican Senatorial Committee, casedI Schumsfs oonriwntasince Schunwr is the new chairman of ttw Senate Rules CommHtee, which hu jurtoojGflo"Senator SchuitwwBMkrtyplayatoy role In ctetermlnsigwhouRlrrw^"Pie Judybiy the outcome whfcs Wgatlon to iHI pondbig cess Mo question Ni abMy to bnmatter whan tt comes before the Committee, at R most certainlywi." FJittp:.0wwJlgQa^

27. A toadhg Minnesota based Repubfcan btogger axptahit why Cdaman must chatongthis post torn the premise that U;8.86n^NofmColerfWw«ireetoctBdbythevoJ^4th, 2008. Along wRh numerous Msmeootane, I abtohiWy beJteve ttw Cutonun reoslwjdatoeHon day and that Coiaman should be getting to work today on tht start of hto seconddue to reas<>nsisted below. Minnesota wool h^decisions of the State Csnwjsslng Board have been Inconsistont and the entlm nMXMiil pgood of Minnesota, Cotoman should formaty contest the recount process In court Here s

_, discovered" baMote from Maplowoodttwt were found weeks alter ttw election... .H2 "MiltaJssd on election night that could not be found durinpj ttw iBcount process.. • 43 woubk

P"H ^••^H^ÂA ^^H—^— ^f JkA MAÂA m mmAmm JA4 •**• •- - ^Ml^t^J^MjP —• * k^k^» YAMOM fmamoupiiuasi DBiiinB or me) seme vDwr.... m vwiwmry nHjeciBir eoeeniBe DVDW. i •am rraH State MsfkRItehis'soflh^csine tip wkhs 1st of about 1^pp^'H bottom Ins la that the isjcount haa shown how flawed the election process to si MbwweotiLn recount process wl provide further Impon^ntansrysto on how we can fbêngthen the Into

Frankan to IHad wRh aaat*coast tranaplanta and Washington D.C. staffers who parachuteFranfcerfs campaign. I donl betieve they have any creJbte conrwetion to Mlniwaotan ancthemselves with Minnesota voters being dtosnrrsnchlssd. They wsl trample ttw il ftu of vget Franken ssated si ttw U.8. Senate. Aa a proud Msmesotan concerned about electionthat Senator Cotoman challenge the recount In court' [For ttw complete post go to:

inHn-counV

28. The Wall Street Journal atoo haa a greet editorial, a brief excenX. "Strange things keewhere ttw disputed recount si ttw Senate race between Norm Cowman and Al Frankan noutcome. Thanks to ttw inacNnattona of DanwcratteSeoetary of State Mam RNchte endBoard, Mr. Franken may emerge as an Negftknato victor. Mr. Frsritanstsftod to recountCotoman. but he now dabna a 225-vote wad and auddenly ttw man who was Insisting onto shut the process down. He's getting help from Mr. RHcMe and hte four fssowCanvaasli

rulings and are Ignoring glaring problems wRh ttw taOtos.... The qIgnoring glaring prob*certify a fair and aocurate etoctton reauR given theee muHpto recount prootoms. Yet that Imembera seem prepared to do when they meat today. Some members seem to have corttw candMatos wH chaNengs the reeutt si any event, why not get on wMh R and leave R tocertainly have grounds to contest ttw result In court, but hel be st a disadvantage given tunderstandably raJuctant to ovenuto a certMed outoorna. . . . Msmaaotana Ike to think fluJersey or Louisiana, and typtosfly R tent But we cant recê similar recount Involving ophaa changed so many voles, and bi which nearly every crucial decision woriosd to thsadvcandidate. The Coiaman campaign dearly mtojudged the puHIca hero, and the apparent iMr. RRchto to help hto profaned candktate, Mr. Frankan. If ttw Canvassing Hoard certMeibased on ttw current count. R wi be anointing a tainted and undeserving Senator.

29. Even the toadjng paper In Minnesota, ttw Pro-Franken Star Tribune agrees thto race I^Cotoman to Justified hi going to court. ... [A]s several of the Judgea who sR on the board

ttwrefrody so rmich that an aoVrtnlst ^^ UlrfMT JU1M Mlttl JMl iflll f SnJMJM fcl f I* Jlfllliri ilf " Afllll iffl' JUJfJMM I MlI ilM li

•«rMnr.a nfflr* f'ttt^tm — * --- • ---- *•-— * --- • — * --- • -- a -- •— ** ---- •*-• --- Tlnl mm Lmm MIA I•iiusiysui iacL wm«i»aKine nBvannesKjaiayBSJUjaigpinoaB'BBisja. inac manes VNIJpass Judgment on which remaning rajactod absentee baJtota should be oountod. The ecuwhether some balds were doubk>oountod, aa ttw Coiaman campaign ctoJms. They cani^_ «•• iiMi a ii nil in i L i • i a. ••• ------- ••— — «- — *-* «-— — --- j n , «fc e BMb ^ --- • fme TO* HMsgeon/J nwang oesov si Nsnneapoiie snowo ne uuumeu. DQSI riannen ano \.ordered answers to questions that ttw Canvassing Board could not anawer. The wmnero

U<x>nwwrftscoun^poUtlcaJrylrKtoemie^beer deserves to know that legal baHot waa counted and that he came up snort."

30. A local Minnesota writer brings up ttw ACORN engtoi ~ineoonuptton we JustwRnosscorruption of ptMtega and resporwlbWy. Secretaries of state, iteRrtchto, have become pBywKjpunBfng mom voting and maUngtteoundvMiousaiKinobtetodoso.sÂssocItOrganbaHona tor Rerorm Now, for example, brought Into ttw feU more and more untntoricheapening ttw votes of the (agRhnato tot of us who vote correctly and responsfcly.'

htQ>://rnla,org/MN-Ncw8-Aichivc.a8p 4/3/2009

Minnesota Senate Recount Update Page 6 of14

88earcrHMww.twhicHli -www.twtncibc

31. Sithe proceee to IWehed. H6 to i

dptofib —|ir»«Jjinenowingparitoanthi

In that ho to determined th§t Cotomarthe number two Democrat In the 8*

in

• mannounchRjanewagreenientwRJiBiinlB,RaldaaldanatoGtfc^that haa never been waived In modem htotory. But acrembing to oontroUhe damage tonrtoBdarealaocaBtBoinacofilualononwhBrethe^the aame etandard would be appNed to Frenken, aa wal, Reid hnaly oojulvoceted, aaylnietatee of Minnesota are two uwlaieitt anhnato. ... Jhn Mantoy, a apokaaman for Reid, tolCanvaaalng Board ceriHtod tha recount reauRa trtet there woukjfcely be an attempt to aeiWednoaday he backed off ttiet aaaaftton, eayJng DemocrettctoadereereêtllaeieeeingthJlP;//wv .a*<M*HbiMia.finin/tBmblatefl/Pflnt Thto Stotv?ild"3721333B• But Rekfi aacond-inKxxnniend, Aaatotent Senate Majority Leader Dick Durbhi of MnoAaked If Frenken would need an etoctton certtfcato to be aeeted hi the Senate, Durbhi aa

been e MO hi the United Statea Senate ehico 1884.... We have never, ever waived the n, So We en Important rate, and one not eaaHy challenged or waived."

32. "It waa not ao much a recount aa a onesided do-over. But elnce It took place behind Icomedian looaed the etandaid DemocretKi ory of "tot every vote count/ nobody ojot upeetevefi thoae ware atoo Mr. Reid a prectoe wonto recently on the pOBBBBHy of Mr. Cotomermajority leader haa been tomporerty thwarted In hto Frenken ambttona, which maanahe1

Be prepared lor Democrat! to epend the next waaka toying the groundworictc,ix>rnattorwnattnereeulto.AJ(0rel,n()ne(rftNatoeboiAtnelawJtêlat)out

hHp-7/onBne.waj.com/artlctemB123146236159366501 .htm printModa

33. What to the Difference between Bunto and Frankan to Raid? According to Kim Street"Put another way, Democrats were only too happy to Install an unptoeiant "comedian" w*turning away e taw-ebWng Hnoto official wNh a legal appolnfenent Scandal aakJe, Mr. RepoWcel numbere. Confident he'd get tome Deniocretlceenetoroutoflllnole.hedldnlmlNe'e far toes sura about Minnesota, and ki e mah to legitimize Mr. Franken.

rtm»i^

AJ Vtm~ aii— jj ,1- Jti , • --- • -- LJ«^_. ^— '-• IA Jmtm^mtm • J tf^ **m*<M. aenniB MBfoniy LOKMT neny ram » ojannnnBO w anphelping the peopto of Mkuweofa. Thte to the toteet outne frInterview Friday,

fintm^mmi b«^ -- » -- «-- .. B.IXHMTMII mini noc omy pumê rom Reid regero^ng Senator C

. ^.-JtolrtMaatafftakeeOdeyalrornwaa Saturdey, to wrap up 400 open caeee... • "There are peopto • thto to reel-Ma etulf • wOoteman aakJ of the open eaaaa. They're being hurt by Kerry Reid/... AccoraTng to Coifc - --- — --• .- -,— J—— **— -J* ** — "H, - - . M.I-I-— . iif IL « ft *- • * ' • * •me own imniDere worn unoer vie o»emun oiinoaecroiary or ineoeneni DUE DBGNOQ ouietefT would not have bean uno rCotefnanôTrectton. tha tmrnat aanalm atiaaaad. ReM aan a4nal that there coukJnt have bean auch a deeJ hi place, *aa the Senate cannot alowthey are not under the aupervtoton of a aerator, and Norm Coteman to no tongar a eanetcmal, Mantoy aakJ, "We are working hard to reach an aoMptaotoeolutton."(SeeiC»eme/

itoftcoriettferirpratocte/r ~200y.)LetltbeaaldthataiCe|)ltolHiv9tafanaknowtr^Senjeant at Anna.

36. Now Frankan has decided to Ignore ttie wHI of the people of Mlnneeota and their lewiaa Senator. An attempt ao brazen that even Marie RHchto to retuamg. "Democrat AlFranki

whenheaeliBdMlnneej iago¥BmorandaBcretaiycfjaî hi the Senate. In tottere the campaign aent to RapubHcan Qov. Thn Pawtoray a

State Merk Rnchto, Frankenla hwyeie enjued that a eeven"dey waNng period for toeuhig^J^MÎ.k^ .•.— ^ • -M ^^. ^^*^ J^ mmmA ik^ —•—— • K^îlA. nAênoion nea paeaeo ano ne PHMKI gei me aRjneo oBronone.etoctton ceriMcete untN togal maltore are raeolved.... "Mbtnoeota tow to very dear on whcan be toeued. NeHher tha govemor nor I may algn a certMoate of etoctton hi the U .S. Set

tn— • BM—kl^korii nmnm157156.html?v

baaed on the major'Al Frankan knowa ha cant

t of tha recount, and ItodaytoevMenoeclttietrtecanlandwantbeBaatodmaaBBthedkm1whi.aohatotry

http^/mla.org/MN-New8-Archive.aq) 4/3/2009


to blatantly Ignore the wM of Mlnrisaotansandthelawsof the state. The totatocertMed byInclude double counted votes, Inconiletenclei regarding rejected absentee bajjote. and kidtocovored end nrtsslngbaiote. These are eerious Issues that both the canvassing boardCourt directed be handled In an election contest, and that wM go forward aa reojulred."

by Senate Majority Laadsr Harry RakJ (D-Nev.) itjardkig the Mlnmsote Senate aest sillfrom being realized and threaten lha vary trust and conMence of the Anwricsn people. RCctoman wi never ever serve (again] ki the Senate. Ha toet the election. He can etalthkthe Senate." This astoundkig, power- grabbing atetomant by an Individual who wB satthsGenato la completely anWhatlcal to the way our government operates.. •. No one, not evwB and who wont serve ki the Senate or at any other level of elected government Cleariesteemed leader want aa many seats ki their favor as poeoMnO to allow them to promote iagenda, but wNh this statement, lha Majority Laadsr haa stepped over a vary dangerous Iand others who era suggesting • usurping of the flMamanteJ, corattuflon^

. the power to handpksk the members of our governing bodies over those rightfully elected^ very serious risk of toeing the lundainenteJ elements of our democracy as eet forth by the•"* arastll baste to our governing system today."

36. Franken and his silos at lha Democrat Farmer Labor Party In their continuing effort k<M upcooUngetoctlcflccrrtestrnay have events

JJ 37."lnajiiiriuBiaJmovelKylwerttoatoSari8teO etecBon remafcia unresolved, and ha listed San. Norm Cotornan'sergurnents before the fro* election tawsult contends there are newly deoovered balote, missing boiots, wrongly rejcfM double counting of votes. "Cleeriy IhefrtsonielhlngwiDng hare and K has to be resolved

are no etipuletlone for when proceeclngs must be completed. EstknaOona are that It coufcsaa&toJHM

38. Franken continue* to trytomake up the rube ee he goee along. It to unNkely that thaitNs aa the Minnesota Canvassing Board did. Ôn Monday, Franken argued that a Cotomlimited to the awarding of already carolled balote arid a mameiraMlcaJ recount for accuracSupreme Court earlier appeared to envision that a court could conduct a broader nwanted local and state elections officials to review hto delms that eome voters were courrbalote ware wrongly rejected, Franken argued mosetosues were better toft for a court oosort of aiegatton that to toft for conskJsiatton ki an electton contest, vmece evidence may Iwitnesses may be heard (and cross examined) arid taMkidkignôcar,* the Frankanimemo test month that argued against lha state CwivasekigBoaidconskJerlng claims of c

fAikald(DflEOnUoaEiiaiiPKO*nMf9f UIDaaR(» VtavaLJUT

38. Franken k) deeperato to atop a Ml review of the election ki a court run election contoieptpperdecuon contort wouMcrarigethejecouÔanato to aaat Franken provlaloiMly whfa Umttng Cotoman to a narrow court challenge,eweeplng review he eaeka of ebeenlae beaolei clekna of douole*counong end other kregi

\.v*t*v*f*m*i • p...

40. RNLAa aftbrta to keep praaaure on the Senate to follow Mlnneeota law and to not eoccontoala are complete are mede more Important In light cfFrankmtormllnulngaflbrtototo cofnpletein'heSei , Franken argu^getting the oartincato." (Sea Canton aateoourf to crear miy Into aanaJa*,

41. A noted Mkmeeota legal achdar dadarea the Mlnrieeotarecourtwat'ur«»riettoittofi«Wan StreetJoumeJ on 1/lgPQ. Jonmr AieoclBle Deer i and current U. Mam. Law School iPautoan writoa nBut aa mattere eland now, lha Mkmeeota reoount la a legal taki wrack. Tlead, la plainly Invald. Juat aa ki Buah v. Qora, the raoount haa Involved ' awojual evakialreepecf and faied to ptpvlde "mlnknal procedurajjaragiiarde" of eqial treat ^ bimatter which candMata Deneated from al tnaaa danrancaB ki traatmenL (Mr. Frankan dk

aiQ7aQQ44fl4aafl1Q.h^

42. Franken continual to go out on uncharted legal waters, arguing to the 3 Judge panel t

http://rnla.org/MN-News-Archive.aip 4/3/2009


the US Constitution prevail Coleman from the right to a W contest of the election end rethe Star Tribunt, "Some legal observers are skeptical about Fraiikafft chances of prevailIhey My state law appaara to alow • vigorous challenge of the Canvassing Board rentethe panal will take Ha direction from the Minnesota Siajwsnie Oxjrt, which gave Coleman •Ihow dabna to court after the recount" Franken Wad a Mparata brief Tutaday arguing thCourt should order the Governor and the Secretary of State to certify him aa the winner. 1"The Ctolemen campaign atKlacineiioiqK^stats from Issuing sn election oei (Meets If alaweultlelled within seven deys of when theelection resuRsi Cdomen aued a day after the board action.*

43. Coleman atatod: 'I certaHywjsh that I was ahead In votes rettwlhw behind right ncwel be where we were on Election Night. That I wll be ahead. . . . Nobody1* vote ehouUvote that should be counted nopefWry wN get a chance to be counted In thle process. I thleerved by that You cant hold office If people ftlnk that somsbodyetae's vote was doubleconsidered/]

44.TheoKtramepartlsansNporSacralaiyorstatoRltah^those from RepuUkanareM) white atowing virtualfhjlt Although Minnesota lew aid Rltchtofrc^ ;reviewed and possibly counted during an Election Contest, by counting those that Franke ithose that Cotoman requested. RlteNe may have oÛvenKJ the election for Frsnkenaitni ;to do their Job. "The Judges denied Cotoman'ebkj to conduct an expensive new Inspccttoi jfor evidence that many were Improperly counted or wroi ry rejected during the recount. . .FrMay that ftoaebsitoisresen^ 933 opiefs that vêv^^ !unNke Franken or RNchle, wH continue to tight so thai Msineeotena are not wrongly dtoen •(he Cotaman campaign filed a dass^ctton lawsurt In bahaV of the roughly 11 .000 abasna !m^t^f*^*t «••« il«M M>^ MBA|» «M^^« «km •*-* *-— — ' ---- M»« ««^B^ ---- *-* -- " -- — |1 . (MA ---- IrafecsN, •yung UHK uwir wne vnoun DV giwi «w •eme oorMraefMKin M me 999 •pp*

45. Relo^blatart atten^ to 'appoUirFnwKen 'senator by h^ 'has drawn the Ire of the Moorhoed, MN Fonm editorial board. Says the edNorial board, *VMsineeosi election law to ran Ms course before he assumes a seat hi the U.S. Senate Is rseat bopjxe state courts flnlsh Iheir work Is unseemly at best, arrogant at worst."

46. RNLA today sent e letter to Senate Majority Leadsr Rejd and Senate Repubtean Lea.ttwi FnnkM not bs MHH MM MlnnoMta taw bs FDROWMO. Tnto • In fMponM to Hmy F

47. Senate Republicans remain fhm In opposition to eflbn* to Senator Reki's efforts to asbefbrs the Minnesota Senate process to oomptole and wrote a letter to Senate ReW to thiThe hMDricaiy dose election between Senator Norm Coleman and Al Franken has prodThe tairoaJ tally was won by Senator Cotaman and during the course of the recount, sever•tat the state canvassing board waa unable to address). Aa the Mlnneapola StarTrlbunelegal standng" to provide enewere the Canvassing Board lacked the authority* to aneweittte stats cannot certify a winner unH the contest le resolved hi court. . . .•KlsvrimaRthlslnmlrKlthatweurgeyoutoreconslc^re(»r4•ktf M^hM *M Ik^ O l i ^ feh t^tÂ ft M C^^^k l Ah^^^^^ ftfl MMAAAÂMA 1 ^ ^ 1 A — MA |Aa lk^ J M^Lpower or me oenaaj w seat MT. rnamsn uerme MBmasosajia are aore 0 oanay me ewcwiThe entire Senate Repubfcan Conference stands flms> behind Senator Ooteman and allworking to provide the trust and confidence In thlssl6Ctlonths<sHvoteredesscve,'EQLfijJ

48. There's IMMe queaHon that some valid votes are still uncounted. Repubscen MenFriedberg, asked Minnesota Deputy Secretary of State Jbn Gefemam thfe

"Baaed on the order of the Supreme Court, baaed on the closeness of the race, based ondselresarKJmotryes, people whose yotes should be counted, h your expert oplnton and Ihave been dtaenlranchlsed, correctr

That Is absolutely correct," Gebmann rapled.

httpy/mla.org/MN-New8-Archive.asp 4/3/2009


49. aloteovar, another DaniociitalBnJ..,i». «k«A • --- • mtm^t tm^m ^ • 1 1 - •—*.—• --- • — — _J |L____^J.- ---- • --- • -- ••• M, -—---_,.— .BUIIHIB mat local evooBJonB UHNMBj fiMKBManiy •mi wiMMjn/ •HGHNMO numeroue i

of errors and var itp^stendarde at lo^ levels. ."Mansky admlti 1 can't tejl you hoStar Tribune! butthet iiebelovao82 rejected abeenteobeJtoto that were not teJtodby thhave b0wi oountocT In Ramsey County atone. For complete story dick hare.

60. Meanwhile, Franfcan to showing he's atll talking out of both aMos of hto mouth (•even flawed" absentee voters whan ho WM btNnd, jtf now trying to Mnw the riumberreviewed. White Hying to portray Cotoman m trying to have tt both ways, Frankon'sDuring the recount Franken'a towyera argued that "Even where a balot does not meet almore technicalities or IrragulBflMa can not be uaad to excfcide abeentee balotii Now Pn• lolotbuB M._|^^___l_ mtttat^ kk — • ---- — • ^ml^j+^tl imhmmmmt* t * -- ••-»- •«<««».. ,1.1- CtfkB n n in ulnlnraMong uwiiian • vinm* ID iwiew • rafvcnu aiMwme DBKNV •uiwwiue. ruroompMn

61. MeonwhHe, Frwihan to ehowlno ne'e atfl talUnoj out of both eWec of hto mouth (voters. Two groupe of votom are feybiQ to Intervene In the caaa to pjot their votea counted.Frankeneuppcfti letting In and having them c ^reccvnt The aeoc^ group, ric iever.FrankenctoeanltriMto Inteivana during what wM^Mthaflratwaak of the MM. Ftar eamptate •taiv cHdc hare.

^ 52. Cojeinaii jawyir Ben Oinabafg eaM "We're thrttod* In reeponae to the coort t oak/N wranujy rejected befloni will be reviewed. Theee bflltoutwere prevtouaiy MenUfled by t*I having oomplledwWMnnaaoai taw, w where emxir»dcx«jrred through rwreuR of th«

O0) 63. Frenken'seflorti, backed by Secretary of State Rttcnie (taring the racourrt pnaae, to IIoj abeentee banoto to Jurt the tocattoni that Franken wanted (wMchatoo happen to be the o

rejected by the juddel panel revWwng the ceee whteh jeame to be adopting Cotomaifa fto make ewe that every togaly caet and wrangtaly rejected ballot to opened and countedtoday. The Juo^ ttatemerrt wet the flnrt time anyone In trie perballots Included.' For cnmplata atory cUek hare.

64. Franjumja Irantte aftede to get election certHlcauOT in advarx» of the decision ofget his (Hand Harry ReU to seat Mm hi the US Senate have now ofHdaNy become a ttuuwowesdWw» hto attomp^election carfHcaUon In vtotaOon of state tew( Frankan to si court 2/S/09 asking the Minnasthe Governor and Secretary of State to sign an etectlmcenlrlcatton.f dey alter getttngto Introduce a bill to mandate provWottal election eertrflcsMon, retroactrvely, forconteatodetoctloru Clearty, Franken to wonted that the Coitest Court wl correct twlnrCanvassing Board and seat Senator Cotoman, and so ho to trying every angle he can dreIn aovancect the Ccfltest&xjrrscorrsdlon of the recount enor More here.

66. RNLA releases a White Paper on Frankan't latest elforte to be seated entitled: ALEaaaU.S.SanalDffarMlnriaarite ltoLeiighlnoMrtter.

66. On February 6, a hostBe, Minnesota Supreme Court, sternly question Franken'slawyiellbrt to be seated despite deer Mlnnesote law.

• Franken's lawyer was forced to back off one of hto goals, which may have been to useSenate to blow up the "recount trlaf or etoco^cc<iteetC4igdng right now. 'Justice Paul/wheoJier no would bo baok hi court to anjue that the reoount tnal waa no loncjar togjosflHlcaie waa toeueo. Eaaa oHdn • answer the ojueaHon directly until preeaeo by Anwouldrftmake that argument"• Another goal was more obvlc^ In EMM statenrteribxwinner by Msinasota of vw contesti the Danracretcontrolad Senate could launch a tongUpretext to delay or stop Ihe aoaUng of Senator Cotornan. "Asked whether Ifs true tttatttwwanted regardtose of what Mkmasote doesi Esaa agreed. They can declare ma the next

Seemingly onJy Franken and hto ales such aa Seriate Majority Leader Reid who are dContest support Frankan In hto eftorte to be ssated rnw, Indudng most Mlnnssote DemoOB^ert,represer4lngPawlentyafxlRllchto,ssMttwbwteJkig aomeone qulddy si Congress. The statute'could not be more dear/Qabert askpicvWoiial carWteate. That provktee lor mwhole atoryj

http://rala.org/MN-Ncws-Archivc.asp 4/3/2009


57. Franken has dearly bMn coached on how to Kt wtrito waWng for results of a recountFronton, who was out of Mlnnaaota for a month, IndudhiQ a two waak vacation In Floridakapt out of lha way of raportani unfl racandy.

58. Franken la also trying to ft In wNh the raw Democrats. UkaObams nominees, TomNancy KUMar and othart, Franktn atao haa a record of olgnlflcoM tax problems. G

58. Cotomon, meanwhile! contlnuaa hla ojuaat to count every vota> Lata laat waak CoFrladbarg attempted to enter a single ballot, even though H waa for Frankan. wham thawaffldavtt aaying the vote waa Indeed Ha." Go b«j»Mltec0JnpJete_stoiy.t

60. yjlld jnlam JEQOihiueJO-aurnKe* Tha Anoka county Etootena Manas 'announced Icounty haa found about a donn balota that ahouM ba Indudad In the total, Includinglhat had not been Indudad hi lha count hi error. Aa Senator Cotoman noteB(

Mthere la nnumber la an arttftdal number."

rx^J o .RNLA's efforts meet suaassl Ins victory of sta^'"i feenectthe rule of lew. Demoeialle Majority Leader Henry Held hamm to public J MMUM•H Frankan pr»mafair»ly... .fbuq would wa» until • MlnnMnfn court OMB h condudad hefcLH Franken provlslonely* according to Poitfco.com'i Soorecard.OJ

^ 62. And In further stark conlnrt to htoatoJim

O to a press report that notes Frenken does not think auaantea balds should "be counted fcon IdentllledbytheJudges/lnbitofcMyeslBnty

mt^^m lliMA *-— 4k^aba m^^ftml —— mMik^ •- aA|__A«^ — k m m • •• • ' •—*- «..__ |fc - - - «l^AI oeer mn ne UIRMW MINIM none or me wiunyiy rejBCBjQ eoeeniee ueeoeii even mose sunbe added by the court for 23 of Franken's voters hi the court cheienge Franken underwrcstory goes on to say ,r

Democratic mantra of "count every voter The hypocrisy to deafening-what they realynwe think wll be ours."

63. RNLA'a Second White Paper Is released: Proposing a Meaningful Solutkxi to ProtectOverseas Voters"

64. Urgent PjBfJlBflleajw on Court Decision to Disenfranchise selected mlUtary and over

65. Cotoman Lawyer Ben Ginsberg saM that the rejected categories that wil hurt GolemsuusUucflon" ballots, of which he sold they had 175, and the late military baHote, which nurBut there are big categories of rejected absentee bolots soU hi the picture, he eakh siooesignatures, rejected baflota that are marked as accepted, regtetoredwjtneeses thought toIn the end, he predicted, ttie court wl count between 2,000 and 2,500 rejected absentee

66. The problem, aa toJd out by his lawyers! Great chunks of uncounted absentee beMoteJudges because they fad Into spedflc •categories' IhM mate the balote legal, auch as DEappfcatlons. But, CotamerfB legal team argues, toafa&sgjtiuitoJSBgtiHiMtotMBttBgaLtttoggrjej.... Whle the Ootaman legal team to protesting ttwotoWon, they are a

67. Coteman for Senate legal counsel Ben Ginsberg today made the following statementWe a motion to reconsider, the court creates a reel problem for rteetf end the retebaty ofthi KB Friday the 13m order ruled legal unoerMlrweeota tow categories of belotoviWchrfcounted besots now being csJted "Magar by lha Judges. The o^dermesne the Judges hatney tnemeeiveB anoweo in Juet three daye canter among Vie Neuon Nitsnfsnore. /some 100 legal baHote are Included hi the«33 balotecointad by ttwCanvaaalng Boardcounties eteoHon ntoMteteJe. rtm neieihetafthh mieni lethal the ir**"* ••—••^fa*

68. Meanwhile, hi Thursday's proceedings, Coteman lawyer Joe Fitodbeig focused muchwitnesses who might not ba registered voters and on missing registration cards, rtoofcfcoffi lnEctonPrsMeerKJMImetonkewhoseUthat... because we have never bean instructed to do that by the state or the county,* saJd

http^/nila.org/MN-Ncw8-Archive.asp 4/3/2009


•andKathleen Porto.^contrastedwjjh Carver Couoty. which checks addrwknosses an registered. In November, Carver accounted for about half of the

•fate law nqulrsd county oliclato to check on whither wttnssssswerereg'

09. In a Sunday column, professor at SL Th i of me UntoSchool. MtehMlStokMPauiian. wrote that th^misountuiifiQDftttiitlOMl ^Mlniiatfita Ha adds "what If there to ma raoount who won, oonalttont with Buah v. Gore's rso lreinentrfTr* Constitution's sn»

70. The to entitled 'Aoddenta] Senator.' In H the editorialotes at the -process haa been toraperent1 It atoo haste

Meanwhle, the operoo

in

Oon

Clearty, al tha votat have not been handled hi a untform matter.Without a runoff we wH haw an aoddental aanator."

71. Their motto is simple: If ft a vote for Franken, count It rf ITs a vote far somebody ateCotoman Spokeaman Drake aaJd. . . . The canvassing board adopted Into approach, hopethe Constitution and treat ALL voters equally. The order said Its ruMng on the specWcquishouldn't be taken as a ruing on tha rest of Cotomen's case or on htodabn that aH votesae*A AA^Â MlMAdlAMA eW • • M! i uJla* eh ^^ --- *•*-- la»»t— — - -- -- • --- *•— i m^M • M ffiiai --- IM 4^sV^« --- -——viii wm waiKMiQ 10 oofnpif wnn YIO \xin0iniDonv OQUoi pnHKDon GMUN- in ouwr wonatoctton law professor Edward Fotoy, 'equal protectk>n to stlllaMv«."1Ful story hfio.

72. WednesdayInvalid. Tnasa.ctifrentcounL- accomTng to lha Coteman hMnyar. Ban Qlnehenj.

ntad absentee beHots 'even ih

baNots displayed want marked aa accepted but don't i 'tern73. The i. . . (jndudbig] j __ ______ _appaar to have been llUnd In by the same hand. One of those DSaotBtofor a DuhJOl voisrDehlberg's husband, Christopher . . . when contectsd, said ha was aumrtoad (hers was aiwile's name and oddress on It Why? .... pijavdfe haa been In China since June 13, Da

imMtum kmf^mm Cimlt»mmmmf»m» <~iirfînili». n«kH*aw« -- •-• «-•— mmjim •hniJrl biuwa.voong oeywi. runnerrnore, onnsiopnBr ueiHueiy . . . SBKI ras wm snowo RIKIMlesv^ to attend school In China, she on ln lhe 8t Louto County etoctt

very meticulous," Dahbanj said. "She atoo wofkad In lha aJacttona ofltoe. If anybody, ahabaton,"

74. In a i it on MegelbeJIoto being allowed Into (tone by lha contest ccFranken, the lawyer repreeentlng several dozen Franken voters whose votes the contest

judaaa." Thai's a hniryef wey of acViMmig that perhâffidavit aayfeiQ aha paraonaly a^nad her batot and batot appHcadon. She now says herfar bar and whan aha ekjned her aflUavK aha mlilBlH lhoua ihawMafhmlnglhatavoter registration card—not her ballot spp xtlon. Two Dakota oouiity voters prevlouely:cornpleted their bsioto—they now esy they dQntproperK*e^

•an/. Another said he had Mod out a voter repjtotiaUon s)Ohnatod County dark. But he now said hsbsRovaahto regtotradoncard tolnakfahboato

down. In the first, the "Judges ordered Inspection of 1.SOOenvfJopes far rejected abeanbtoad to counting more votes, something Cotoman needs, If local oflRctato discover voter resecrecy envelopes of voters whose betoto were rejected far lack of ragtotraoon."

Tha aacond ruing ravened an earitor court decision and wH eflow testimony from a CotoiRapubscan tabto Judge on EtocBon Day, told... In court V fodneeday that she hoard enotbesots had been fad Into lha vote tabulator without being labeled. By the ttmo the mistakeware already tost among Via other votes, she said. The Cotoman campaign haacontanoi^m^mJtm^ Im* k«4k m^^^ml^ • ml—L -la J A.»Mmm!• • • • tmMt^J ^fj^fm ik^ •«««•«* •resuneo in uuui UISJSIBB) ana URSMISMO oupscaies Dsmg VIBMO ounrsj me recouni.

76. Tha!three batot envelopes Franken Included on hto list of votes thet should be counted. Eech

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voters who the Cotoman campaign says were, In tact dMd on Election Day. MinnesotaaUve on the day of the elecflon to have their votes counted."

77. Norm CoieiTMn jr.'TheCok

Cotomen^s team haa made IINO separata arguments!

Cowman atkxnay Jbn Lanydoits to give the court mors Information before re

• Tha actual vote count was wrong, because some vafld votes havent been counted, soIn the recount and some ballots ware missing In the recountt and the Electton Day tally la

• Any vote count wM be wrong, because the staters etocHon system Is flawed. Tha flawthe aacretsiy of state • voter regbkaaon databaaei counttse Inconsistent standards far cclocal officials' counting of absentee baHota that dMnlfial the legal requirements.

, fceraJ etocton taw professor Guy-Uriel Charias said thatClnasseMingCoteman'i(about whether the margin of error la greater than lha margin of victory.1

ir\78. Also Monday, the Judges reversed themselves on; _______ _JelOlflyiO inOOO VQiiMl HiiOUlCI PH FOiOCBOfl POCOmO 010 VQVBi B lOHOQ vD eVQfl QOGURIOe'WB OT 01moving. They were among 24 votare behaved to be Frankan supporteni whoseapproved.

Oon

79. State election dbector!track voter reglsualluna. Such a problem could have caused acme abasntea votare to ha1

appeared they had registered end voted In person on Election Day... .OuteMe court. Gintestimony aa a "blockbuster* admission that caNa Into ojuesUon lha enure database and th

80. In separate action on Monday. "Coleman lawyer Jim Langdon wrote the three Judge |are so serious they may not be able to declare a winner. 'Some courts have held that whAMMMAtf M Ik • •••kl k^JlA^k l MBA JBMMflflfl HlMA -J |§ 4hMMMM^ .. di J l ^ bB tfi &»• kA I ^exceeuv me nwnjvi nvnveen vie cananaiev •• ana n MMHM DV aeisnnneii ror wnwn canwerp cast ~ the most appropriate remedy la to set aside the ehtcMnn.' Langdon wrote In a

81. And i •el Barrone writes thati .This would seem to nw to rales OQ jaHreatment pr*

v. Gore, even If the Supreme Court tries to say that Bush v. Gore was a one-ote-Und ca

e2.AIFranken'ssl( voters'Frankorfs legal team brought forward a parade of people who say thU.8. Senate race. And( MN state atoctton oTrector, Gary Poeer, admits Ihe atote iInaccurate voter Infonnatlon. Poser also admits there can be error by ejection officials, andffisrent registration requlremenls. "Asked why twreo^storedvotore received materials ft

i the wrong name was looked up or a name was ml

apartment to another in the -^ -^.-^^J^^— ---«-M-ig ID iv*iv0wiBi| wnse

Kathtoi Frankaimoving sktore

• Revcte favored by voters. A new RasnwssenpoH'srwwa that ttIn the race between Republican Norni Ootoman and Democrat Al Franken." Tha partisan

sslMu iUfled RepubHcans. 71 percent support a do-over, whle 69 percent of Be

• And there was a Me flutter over RetoTa alleged renewed efforteoffice "oonimief he wi not try to seat anyone unM there lean election

wont by to aaat franton

a winner naa I•havaiyona,

Ithe Supreme Court wrote In a unanimous opinion....

http-y/mhLorg/MN-Ncws-Archive.asp 4/3/2009


^•—— ••—.. ^ •- -• ji • - - - • - - - a^_A • « — • •-« »-— —• tk^ OA^MMÂBIN aiguoo DOioro me JUSDCOS mai Fianneii •noun DO given me connicanisoMcttor ganwBl argued he shouldn't Thoy sold the law waa crystal dear."

Colefnanapoke«Tian Ben Ginsberg fuomfidJLUDJttfifl: "Thle wise ruling will ensure Iand Chuck SchunMr cannot ahortclrcuK Mmneeota Law m their portlaan power pli

84. Meanwhile, election officials again concede that the election had a number offixed MoaManaky. who oversees voting In Mlrmeeota'eeecond largest county. aaJdajaj

8o. In an obviously an attack on my campaign eccoidmg to Senator Gotejnsni adaaparatfon of opppmnta, Cowman's campaign webelte wee hacked and credtt cansupporters waa posted online, Inanol ouaeflbittodataTfurthardojnatlona tothacskeep up his legal fight ThaU.8. Secret ServtoteinyiritftmBnBrnwicontrJbjjlorjjQjkmjGoJe^^

fM

three Judges could be desperating by next week.... Once the Judgee determine which ccvotes, the loser has the right to appeal to higher courts or the U«S. Senate."

87 In lighter news, tTW LOS ArigeWS Times notes mat Franhen la no langar fftinnyy butalthough apparently In exchange, the only currentry serving Senator from Mireieeota,'Amtask" of replacing Franken as a comedian.

Ofl ^^l^^mmamt^ Â«|H« ^m^mm^m^Â •-•—«-••—•-«— AÂ • • «A__A^_u «^^ Bb^ ——"—• ^m^^**+no. uowman • erasing argument rsgninjiRS tne lenai auwsgy ana me eejuai pnnswiCowman legal team. "Over the courss of me trial, (towman lej team dkmofler proof

had property ffled out andMinnesota voters wttrwas their batata.... FrwdbergsaW.bsMUSsltsrKXjMnlbenscdecnoted that Carver County, which checked the w«i)eesreglstratton on Its baioto "found thaabsentee ballots t received ware not wMnesied by repjlstered Mlnneeotans. fteedlng to «98 percent of the time to too groat of a burden.... We more IketyttwnnoLN^rnora thanthan dear and convincing. And. based on experience, Ifa awo more than proof beyond ebeyond a moral certainty." Frwdberg went on to say that Inioat local aaKftowoaâsfadUmeasures of proof whan they ware counting absentee belots tost year, and the Judges'mdue emcees and equal pcntecten." dek hara for morm datells.

89. For more detal on what problems the Cowman attorneys feel w rewvant, a memo JayQojBjffliWejnjLv*h the counoYxj of votes frcm the talewctlons In a concise doc^

90. Though the preaentatton of the case Is civer.don^ expect a decision mis week-sca decision w handed down. In addition to both sides' Inal lings next week, the three cortpreHmsiary decisions to make to determine who received the highest number of wgeiycio^ckto they hsve to write thslr opinion. v<rAnd then, the loser has ten days to appeal to the Mkmeeota Supreme Court. No owcttonbefoni eHher the deadfe^w passes for the appeel, or the Supreme Court rules. For more ei

91:ln reteted news, testfatt, Befnard Jtedolf. the Investor WTK> (kttraiided peopto outof tschamet donated $100|000 to the Democratic Senatorial CampeJgn ConanNtaa. Evergutty, whan asked by Weekly Standard rspon^ John Mc(>xmad«1fthsDSCC would r*apoluMmanjrteSchyteteld nia: Wahavairt returned ttwmoney, and trterearenolrnimdeclined further comment when asked VtheDSCC, whoee chasman Is New Jersey esnsiconcerned fiat the group had aoceptod $10X),0 lnwrttrtlssssenttoâtotencaeh,"AsJ|

LMDM MadofTa mlHIone fund anQ^Cdeman attauk ado 7"

92. And wll we heara aMar story si 46 years about the Colernan ranken recount and (

93. On SL PJilncks Day the Cowman and Franken teams flwd their ctoalng fJanga wiln thuppad tna number of baRots they era aaJong tna courts to conaldaf hi tna Ifeiaf VAUwrites aa foOowsi "fci hw fMng Tuesday, Cowman aaM that 1J9B4 abeentee haihttt ahouJdlet Includes not only the 1,359 absentee ballots hw lawyers ended their case last week n

http://rnla.ofg/MN-News-Archive.asp 4/3/2009


413 that the campaign! blocked from counting during the recount and the 15 that tool gcor found — too In a atorage bin — wel altar the Hatrt twc iwctt recount... The Fran*beta, llariew lilt of baloto that ataM be oorialde^attomay Kevin Hamilton «dd the team had provided ovlotooi that 252 beJotoihouldbaidefiNi .here for more.

94. Top Republcana encouraging Cotanan to praM•eatforthaDomoontova.onoinorelbrtheGOP-BiK^^bJftwy.-Buihvt.Oof»8iKleqoelprotecttonerBUfTiente.'

96. leinajA JoundbiD^ Joe Friedberg, Norm Ootomtntrecount Mai again* Al Franken, nkj the Cotemen caaa von buHl on a OMiattullonal arguthe Iket of the Mhmeeota Supreme Court.

For More Information goto:«H

™ RNLA White Papers. Press Releases and LettersH Mlnnwota SonatftflMttanJCmmntLH(N Help the RNLA fight for a fair election and against vow fraud! Send yourdolantothqr agalmllhoie who would tear down our donnocracy through voter fraud.

oon

Or maH a check to:

RNLAPO Box 18965Wnhlngtoiii DC 20036

Contribution to the RNLA are not deducUbto at crwrrtabtecortrfcuttoniforlederellrKonn

htQ>://rnla,org/MN-News-Archivc.aap 4/3/2009

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