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November
1, 2002 8:50 a.m.
Minnesota’s
Re-Voting Scheme
The
state supreme court lays out a blueprint for lawsuits.
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Minnesota today, both Democrats and Republicans say they are satisfied
with the state supreme court's ruling in a lawsuit over absentee voting
in the race for the Senate seat held by the late Paul Wellstone. But in
fact, with the election just four days away and little time left for absentee
voting, the court's brief ruling — which gives every absentee voter
who has sent in a ballot a chance to re-vote — might well become
a recipe for confusion. And if the race between Republican Norm Coleman
and Democrat Walter Mondale is close, the ruling could create new grounds
for legal challenges after the voting.
Democrats filed the
suit this week in an effort to stop all absentee voting in the Senate
race. They asked that old absentee ballots be thrown out and new ballots
bearing Mondale's name be printed and sent to voters. Since state officials
had already announced a workable plan which would allow voters who had
cast absentee votes for Wellstone to vote again, the Democratic lawsuit
seemed more about political maneuvering than making sure voters were not
disenfranchised. Historically, absentee voters in Minnesota have tended
to favor Republicans over Democrats, so suppressing absentee results would
have likely benefited the Democratic candidate.
The court ignored
that request. Instead, the justices simply ordered state election officials
to prepare a supplemental ballot for the Senate race — something
they were already required to do by law — and send that supplement,
along with a clean copy of the regular absentee ballot, to any voter who
requests one.
On its face, the
decision seems fairly simple. But on closer examination, the key paragraphs
of the court's ruling outline a somewhat complicated balloting arrangement,
one that might result in disputes lasting far beyond Election Day:
If a voter has
already cast a regular absentee ballot and requests, in any manner,
an official supplemental ballot, the county election official shall
provide the official supplemental ballot and a second regular absentee
ballot, as a set, by mail...or in person if requested in person, to
be utilized by the voter. Instructions shall accompany the ballot set
clearly stating that if the voter wishes to vote in the races on the
regular ballot the second regular absentee ballot must be completed
and returned, and that the second regular absentee ballot will replace
the first regular absentee ballot cast by the voter.
If a voter casts
two regular absentee ballots, the ballot with the later date on the
return envelope shall be counted.
If a voter casts
a regular absentee ballot but does not cast an official supplemental
ballot, that ballot shall be counted in the same manner as if the vacancy
had not occurred.
If a voter casts
a second regular absentee ballot and an absentee official supplemental
ballot, the second regular absentee ballot shall be counted for all
races except the office of United States Senator. The official supplemental
ballot shall be counted for the office of United States Senator.
In the ruling, the
court has given all absentee voters a second chance at voting. With the
supplemental ballot, they may change their vote in the Senate race, and
with the new regular absentee ballot, they may change their votes in any
of the other races on the ballot as well.
In addition, the
decision suggests the justices did not fully appreciate the enormous impracticality
of the re-voting scheme. It is now Friday morning. If voters receive new
ballots by mail — that is, if the mail gets them there on time —
they must send the ballots back to arrive no later than Tuesday. It seems
reasonable to say that if a significant number of voters attempt to do
that, there will be many late ballots — and many complaints, perhaps
in court.
Despite those flaws,
both sides expressed happiness with the court's ruling. Democratic chairman
Mike Erlandson says the court "ruled the right way for Minnesota
voters." Alex Vogel, general counsel of the National Republican Senatorial
Committee, says, "I'm pleased. If they want to send out new absentee
ballots to those who request them, that's fine with me. The key is that
as many people as possible have a chance to vote."
But some other Republicans
remain wary. "I'm concerned that there is a change, because there's
another possibility for a lawsuit," says Sarah Janacek, a GOP strategist
in Minnesota. For example, Janacek says, a Wellstone voter might call
an election office today to ask for another ballot. Through some problem
— perhaps with the election office, perhaps with the Post Office
— the voter might not receive the ballot, and that might be grounds
for a challenge later. "Once you challenge one thing, you can challenge
everything," Janacek says. "If it's a close race, this is just
one more way to try to undo it."
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