Recent Opinion Articles
- Uncounted Ballots: A Measure of Vulnerability
Edward B. Foley, November 5 - Election Commissions and Supreme Courts
Edward B. Foley, October 20 - Line-drawing after Overruling Austin
Edward B. Foley, September 9 - Citizens United, Stare Decisis, and Democracy
Edward B. Foley, July 31 - Impressive Unanimity: the Historical Significance of Coleman v. Franken
Edward B. Foley, June 30
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Topic-by-Topic Coverage (MN Senate race 2008)
Coverage by State | Coverage by Topic
News and Analysis
June, 2009
May, 2009
- Coleman Files Reply Brief (5/15/09)
- Franken Files Brief in Recount Case (5/12/09)
April, 2009
- Coleman Files Brief in Minnesota Recount Case (4/30/09)
- Minnesota Recount - Order Setting Date for Arguments (4/24/09)
- Appeal Filed in Minnesota Recount (4/21/09)
- Minnesota contest - possible next steps (4/14/09)
- 3-Judge Court Issues Final Ruling for Franken (4/13/09)
- MN: Additional Absentees Extend Franken's Lead (4/07/09)
- Vote-counting today in Minnesota contest courtroom (4/07/09)
- Minnesota U.S. Senate contest - Summarizing video (4/06/09)
- Minnesota Senate race - analyses and comments (4/01/09)
March, 2009
- New orders in the Minnesota U.S. Senate contest (3/31/09)
- No news yet in the Minnesota Senate contest (3/20/09)
- Final arguments concluded in the Minnesota U.S. Senate contest (3/13/09)
- Minnesota Senate contest - Franken to provisionally rest case tomorrow (3/11/09)
- What will happen to the 89 ballots whose envelopes contained valid registration forms? (3/09/09)
- Minnesota Senate contest - 80 registration forms found out of 1500 secrecy envelopes (3/09/09)
- Minnesota contest court hears arguments over Franken's motion to dismiss (3/06/09)
- Minnesota Senate contest - Two Minn. Sup. Ct. decisions, Coleman's response to motion to dismiss, contest court motions hearing (3/06/09)
- Minnesota Senate contest update (3/05/09)
February, 2009
- Book review of From Registration to Recounts published in Election Law Journal (2/26/09)
- Confusion over ballot envelopes from St. Louis County (2/26/09)
- Contest court grants Franken's motion in limine (2/26/09)
- Coleman seeks to vacate another order, Franken opposes uncounting ballots (2/26/09)
- Minnesota contest court vacates yesterday’s order striking testimony, will allow witness to finish testifying (2/26/09)
- Minnesota contest - Coleman's injunction denied, hearing on Franken's motion in limine, looking ahead to appeals and issuance of election certificate (2/25/09)
- Minnesota contest - Franken amends answer and counterclaims, state elections director testifies (2/24/09)
- Minnesota election contest - Franken challenges found votes, Coleman may be done by end of week (2/24/09)
- Minnesota election contest - Class certification denied, Franken's motion for summary judgment granted in part, denied in part (2/23/09)
- Coleman seeks to apply Feb. 13 order to all 290,000+ absentee ballots (2/23/09)
- Coleman seeks temporary injunction against commingling the 933 (2/20/09)
- Contest court grants Franken's motion to exclude Coleman's witness (2/18/09)
- Minnestoa contest continues; Franken submits memo opposing Coleman's offer of proof (2/18/09)
- Minnesota contest court denies Coleman's request for reconsideration of its order (2/18/09)
- Coleman side wants court to reconsider Friday's order on the 19 categories (2/17/09)
- Minnesota election contest update (2/16/09)
- Order issued by 3-judge panel in Minnesota Senate contest (2/13/09)
- MN Senate contest - big hearing today on categories of rejected absentee ballots (2/12/09)
- Dakota County official still on stand in Minnesota contest (2/11/09)
- Minnesota election contest - hearing Thursday on categories of absentee ballots (2/11/09)
- Coleman and Franken disagree about admissibility of testimony (2/10/09)
- MN Contest Court: Count 23 More Absentees (2/10/09)
- MN Recount: Slow News Day (2/06/09)
- Day 9 of Minnesota election contest trial ends (2/05/09)
- Coleman and Franken attorneys argue before MN Supreme Court over election certificate (2/05/09)
- Hearing tomorrow in Franken's case seeking election certificate (2/04/09)
- New comment by Edward Foley on yesterday's two Minnesota contest rulings (2/04/09)
- Court Denies Coleman's Motion for Summary Judgment (2/03/09)
- MN contest court rules on Franken’s motion in limine at the end of Day 7 (2/03/09)
- MN election contest – 933 absentee ballots already counted need not be revisited (2/03/09)
- Day 6 of Minnesota election contest trial complete (2/02/09)
January, 2009
- Day 3 of MN U.S. Senate trial complete (1/28/09)
- Day 2 of the MN U.S. Senate trial complete (1/27/09)
- What is happening today in the MN U.S. Senate trial? (1/27/09)
- MN Senate race - Day 1 of the trial complete (1/26/09)
- MN Senate election contest trial begins Monday (1/23/09)
- MN Senate race - motions denied, pre-trial hearing happening now (1/23/09)
- MPR seeks opinions of election law professionals (1/22/09)
- Coleman and Franken argue motion to dismiss (1/21/09)
- Hearing on motion to dismiss today at 2:30 CT (1/21/09)
- MN Senate race - Hearing Jan. 21 on motion to dismiss contest (1/16/09)
- Franken submits alternative trial schedule (1/16/09)
- Hearing scheduled, Coleman intervenes in Franken's suit for election certificate (1/14/09)
- Coleman prioritizes contest issues and Republican voters file new lawsuit over duplicates (1/14/09)
- Franken answer in contest and lawyers group responds to DFL complaint (1/13/09)
- Franken goes to MN Sup. Ct. seeking election certificate (1/13/09)
- Franken campaign files motion to dismiss contest (1/13/09)
- Minnesota DFL party files FEC complaint against Norm Coleman (1/12/09)
- Justice Page appoints 3-judge panel to hear MN Senate election contest (1/12/09)
- Minnesota recounts: differences between 1962 and 2008 (1/12/09)
- MN governor and secretary of state deny Franken's request for election certificate (1/12/09)
- Franken asks state officials for election certificate (1/12/09)
- MN Senate race - talk of reviewing even more ballots (1/12/09)
- MN Senate race: contest panel not yet appointed (1/09/09)
- MN Contest Court: Justice Alan Page to Appoint (1/07/09)
- MN Senate race – Coleman files election contest (1/06/09)
- Minnesota Senate race - recount ends with Franken on top (1/05/09)
- MN Sup. Ct. denies Coleman’s motion (1/05/09)
- Minnesota Senate race – Franken comes out ahead in state canvass (1/05/09)
- Franken and Officials Respond to Court Order (1/03/09)
- Minnesota state canvassing board begins counting absentee ballots (1/03/09)
- Minnesota Supreme Court orders responses due by 9am tomorrow (1/02/09)
- Minnesota Senate race - absentees may be counted tomorrow (1/02/09)
- Coleman back to MN S.Ct. over Absentee Ballots (1/01/09)
- Minnesota contest - Coleman injunction denied, hearing on Franken's motion in limine and looking ahead to appeals and issuance of certificate (1/01/09)
December, 2008
- MN Senate race: Franken up by 50 votes unofficially (12/30/08)
- Minnesota local officials identify 1,350 wrongly rejected absentee ballots (12/29/08)
- MN Supreme Court rules against Coleman (12/26/08)
- MN Supreme Court hears oral arguments over original/duplicate ballot issue (12/23/08)
- MN Senate race - Canvassing board meets again Dec. 30 (12/23/08)
- MN Senate race - board recesses while ballots are pulled (12/23/08)
- MN Senate race - withdrawn challenges will be allocated today (12/23/08)
- MN S.Ct. to hear (12/20/08)
- MN Senate race - board concludes today's meeting (12/19/08)
- Coleman files another case in Minnesota's Supreme Court (12/19/08)
- Minnesota Supreme Court order on absentee ballots - brief analysis (12/19/08)
- MN Canvassing Board update (12/19/08)
- MN Supreme Court issues decision on absentee ballots (12/18/08)
- MN Canvassing Board update (12/18/08)
- MN Canvassing Board decides on the Lizard People ballot (12/18/08)
- MN Senate race - Canvassing board finishes reviewing Franken's challenges (12/17/08)
- MN Senate race - Supreme Court hearing concluded, canvassing board continuing to wade through challenged ballots (12/17/08)
- MN Senate race - Franken sues county seeking counting of misplaced absentees (12/17/08)
- MN Senate Race: Complaint available for Coleman's suit (12/15/08)
- MN Senate Race: Coleman asks for uniform standard for including absentee ballots (12/12/08)
- Minnesota Supreme Court to hear case on absentee ballots (12/12/08)
- Minnesota Canvassing Board - summary of 12/12/08 meeting (12/12/08)
- Minnesota Canvassing Board meeting now (12/12/08)
- MN Senate Race: 12/11 Update (12/11/08)
- MN Senate Race: 12/8 Update (12/08/08)
- MN Senate Race: 12/5 Update (12/05/08)
- MN Senate Race: 12/3 Update - Ritchie orders absentees to be reviewed by local officials (12/03/08)
November, 2008
- MN Canvassing Board rejects Franken's request to consider rejected absentees in the recount (11/26/08)
- MN Senate Race: 11/25 Update (11/25/08)
- What comes after the recount in Minnesota? (11/24/08)
- MN Senate Race: 11/24 Update (11/24/08)
- MN Senate Race: 11/23 Update (11/23/08)
- Some Minnesota absentee voters learning of ballot rejection (11/21/08)
- MN Senate Race: 11/21 Update (11/21/08)
- Minnesota recount blog started by observers (11/20/08)
- EL@M Director, Edward B. Foley, publishes op-ed on Minnesota recounts (11/20/08)
- Minnesota Senate race: Coleman up by 169 votes (11/20/08)
- MN Senate: 11-20 Update... (11/20/08)
- Franken Will Get Names of Absentee Voters (11/19/08)
- MN Voter Sues over Her Rejected Ballot (11/19/08)
- MN Senate: 11/19/08 update (11/19/08)
- MN Board Hearing Arguments Now (11/18/08)
- MN Senate: 11/18 Update (11/18/08)
- Minnesota Registration Rolls Questioned (11/17/08)
- MN Senate: 11-17 Update (11/17/08)
- Ritchie "Budges" on Absentee Ballots (11/15/08)
- Ritchie "Budges" on Absentee Ballots (11/15/08)
- Ritchie "Budges" on Absentee Ballots (11/15/08)
- MN SoS "Budges" on Absentee Ballots (11/15/08)
- Coleman's lead down to 200 votes as counties perform audits before the recount (11/15/08)
- MN Senate: 11/14 Update (11/14/08)
- MN: Franken Sues for Lists of Absentee Voters (11/13/08)
- MN Senate: 11/13 Update (11/13/08)
- MN Senate Race: 11/12 Update (11/12/08)
- MN Senate Race: 11/11 Update (11/11/08)
- Minnesota county declines to reconsider rejected absentees; may review in the recount (11/10/08)
- Ballot chain of custody an issue in Minnesota Senate race (11/10/08)
- MN Senate Race: 11/10 Update (11/10/08)
- First Lawsuit over Minnesota U.S. Senate Result (11/08/08)
- Minnesota SoS aims to end recount by Dec. 19 (11/07/08)
- MN Senate race: County error gave Franken 100 fewer votes than he received (11/07/08)
- MN Senate race vote difference down to 236 votes (11/06/08)
- MN: Allegations that Coleman staffer was translating at polls and advising voters to vote for Coleman (11/06/08)
- Senate race in MN: the recount process (11/05/08)
Commentary
2009
- The Rhetoric of a "Stolen" Election (7/01/09)
- Impressive Unanimity: the Historical Significance of Coleman v. Franken (6/30/09)
- Conscientious Judging on Display (6/01/09)
- Factual Points and Uncertainties Relevant to the Coleman v. Franken Appeal (5/14/09)
- State Law Issues Loom Large in Coleman v. Franken Appeal (5/05/09)
- Speculations about Equal Protection: The Difficulties of Principled Line-Drawing (4/21/09)
- Out from the Shadows of Bush v. Gore (4/14/09)
- Unsurprising Ruling Does Not End Minnesota Senate Case (3/31/09)
- Reluctance to Void Elections - Some Memorable Cases (3/17/09)
- What has to happen to unring this Bell? (3/11/09)
- Un-counting votes in Minnesota’s U.S. Senate race (3/02/09)
- Coin-flipping: Is it a good idea? (2/25/09)
- An Extra “Equal Protection” Thought: Local Policy or Local Mistakes? (2/19/09)
- A Victory for the Rule of Law (2/16/09)
- Minnesota Law and Federal Equal Protection (2/12/09)
- In the Coleman-Franken Contest, the Three-Judge Court Will Now Be Tested (2/12/09)
- Understanding Yesterday’s Rulings in Coleman v. Franken (2/04/09)
- MN Contest Court Off to a Good Start (1/22/09)
- MN Analysis: Allegations of Double-Counted Duplicates (1/15/09)
- Electoral Reforms Must Include New Endgame (1/15/09)
- Analysis of Coleman Claim Re: Uninitialed Ballots (1/12/09)
- Who Will Judge the Minnesota Contest? (1/07/09)
2008
- In '62, Minnesota set the recount standard (11/18/08)
News Stories
August, 2009
July, 2009
- Coleman's Numbers In Minnesota Are Lousy, Damaged By Recount Fight (7/09/09)
- A recount to make Minnesota proud (7/07/09)
- Al Franken: From satirist to senator (7/06/09)
June, 2009
- Minnesota Supreme Court Decides in Favor of Al Franken (6/30/09)
- Minn. court rules for Franken in Senate fight (6/30/09)
- MN-Sen: GOP Operative Requests Private, Rejected Absentee Ballots (6/29/09)
- Still No Sign Of Winner In Minnesota Senate Race (6/25/09)
- Election commissioners: Coleman campaign can pay his lawsuit costs (6/25/09)
- Coleman-Franken recount: Will law allow a look at disputed ballots? (6/23/09)
- GOP spent $900,000 to help Coleman pay legal bills (6/23/09)
- WDIO Requests Access to Ballots (6/22/09)
- Decision Awaited in Franken-Coleman Election Contest (6/18/09)
- Court: Coleman must pay Franken $95,000 in court costs (6/12/09)
- Ritchie looks to tweak voter registration system (6/12/09)
- GOP activist seeks rejected absentee Senate ballots (6/11/09)
- All but over for Coleman, experts say (6/08/09)
- Experts: Prognosis grim as Coleman runs out of legal options (6/03/09)
- Senate recount: A Supreme Court grilling (6/02/09)
- Franken vs. Coleman: The Final Round — Maybe (6/02/09)
- Battle for Senate Seat Goes to Minnesota’s Top Court (6/01/09)
- Coleman, Franken Case Argued at Minnesota’s Top Court (6/01/09)
- Battle Over Unfilled U.S. Senate Seat Goes Before Minnesota Supreme Court (6/01/09)
May, 2009
- Minnesota Majority files election lawsuit with Supreme Court (5/29/09)
- Minnesota Supreme Court set to hear Coleman v. Franken (5/29/09)
- Ritchie is sued over voter-registration records (5/28/09)
- Team Coleman tells court how to deal with ballot disparities (5/15/09)
- Franken defends his win (5/12/09)
- Franken files arguments in Senate recount trial (5/11/09)
- Franken's in limbo as the weeks grind on (5/03/09)
- Coleman appeals Senate race at Minn. high court (5/01/09)
April, 2009
- Tough Call Looms for Minnesota Governor (4/30/09)
- Procedural Control of Senate Hinges on Minnesota (4/29/09)
- Specter switch raises stakes for Franken-Coleman (4/28/09)
- Minnesota Poll: Most want Coleman to call it quits (4/27/09)
- Norm Coleman is still making his case before the courts (4/27/09)
- Minnesotans want Franken seated (4/26/09)
- Minnesota Court's Schedule Prolongs Senate Election Case (4/24/09)
- Senate recount trial appeal: Norm says, 'Not so fast' (4/22/09)
- Coleman files appeal to Supreme Court (4/21/09)
- Franken's Recount Legal Tab Exceeds $1.2 Million (4/21/09)
- Coleman Appeals To State Supreme Court (4/20/09)
- $1 a Day Campaign Against Coleman (4/19/09)
- Franken owes over $1.3 million for recount (4/18/09)
- Minnesota's Missing Votes (4/17/09)
- Coleman: 'I think the law is on our side' (4/16/09)
- Ruling has 2 sides in a tizzy (4/15/09)
- DNC to Norm Coleman: 'Enough is enough' (4/15/09)
- State's high court may not be the last word in recount (4/13/09)
- Minn. court declares Franken leading vote-getter (4/13/09)
- GOP, DFL add dueling websites to the recount rhetoric (4/10/09)
- Analysis of Senate recount absentee ballots: Geography not strong predictor of which candidate would gain (4/10/09)
- Coleman Defends Minnesota Senate Fight (4/09/09)
- Senate recount down to 387 ballots - and almost certain appeal (4/07/09)
- Franken's lead increases to 312 over Coleman in Minnesota U.S. Senate race (4/07/09)
- Minn. Senate recount has no end in sight (4/06/09)
- Coleman urged to fight to Supreme Court (4/05/09)
- Minn. Judges Deal Blow to Coleman (4/01/09)
- Recount trial: Judges order a serious blow to Coleman (4/01/09)
- Senate recount trial: Coleman promises appeal will come quickly (4/01/09)
March, 2009
- A Winner in Minnesota or More Election Fatigue? (3/24/09)
- Senate recount trial: Coleman side opposes two voters in the ‘Nauen 61’ group (3/19/09)
- If Franken wins, he wants Coleman to pay court costs, some lawyers’ fees (3/18/09)
- Absentee ballot system could see overhaul (3/17/09)
- Recount drama moves into judges' chambers (3/15/09)
- Minnesota Senate recount: Sudden sprint to finish line (3/13/09)
- End near? Franken to rest in Minn. Senate case (3/11/09)
- MN-Senate: Will It Ever End? (3/10/09)
- Voter signatures puzzle in Minnesota Senate trial (3/10/09)
- Senate recount trial: On the seventh day, Franken side prepares to rest; here’s where things stand (3/10/09)
- Senate recount trial: Day 32 (3/10/09)
- Absentee ballot pile shrinks in Minn. Senate trial (3/09/09)
- Franken pushes to toss Coleman's Minn. Senate suit (3/06/09)
- Minnesotans split again -- on a new Senate vote (3/06/09)
- Senate recount trial: Franken's team asks for dismissal (3/05/09)
- An eye-glazingly slow day at the Coleman-Franken election contest trial... (3/04/09)
- Coleman wonders if judges can find a winner (3/04/09)
- Coleman camp asks that election result be 'set aside' (3/03/09)
- Coleman says new election may be needed in Minnesota (3/03/09)
- Coleman rests his case in Minn. election trial (3/02/09)
- RNC escalates battle to hold Minnesota Senate seat (3/02/09)
- Is Coleman v. Franken headed for a re-do? (3/02/09)
February, 2009
- Senate recount trial: Ballot ruling buoys Coleman (2/27/09)
- Senate recount trial: Witness swept into the vortex (2/27/09)
- Franken drops Becker County ballot claim (2/27/09)
- Coleman faces setback in Minn. Senate trial (2/27/09)
- Senate recount trial dustup du jour: Testimony disallowed (2/26/09)
- Coleman-Franken recount trial: A possible answer to the 300 odd St. Louis County ballots (2/26/09)
- Franken-Coleman Senate trial hinges on voter mistakes (2/25/09)
- Recount trial: The Energizer Bunny of Senate races (2/25/09)
- Senate trial: Haggling over what evidence to allow (2/25/09)
- Senate trial digs into voter complexities (2/25/09)
- Key Coleman witness tossed from Minn. Senate trial (2/25/09)
- Coleman-Franken trial: Day 23 offers entertainment – inside and outside the courtroom (2/25/09)
- More absentee ballots ruled in and out (2/24/09)
- Setbacks for Coleman grow at Senate recount trial (2/24/09)
- Franken tries to pare Coleman list in Minn. case (2/24/09)
- Rulings have diminished Coleman's recount chances (2/23/09)
- Minn. elections director takes stand in Senate recount trial (2/23/09)
- Recount trial enters second month (2/23/09)
- Franken: Consider 1,600 votes for recount (2/22/09)
- Franken suggests review of 1,585 absentee ballots (2/21/09)
- Rhetoric over Senate trial gets angrier (2/20/09)
- Coleman lawyers blast judges (2/19/09)
- Judges shoot down Coleman request on excluded ballots (2/19/09)
- Coleman team cites ruling in challenge to recount tally (2/19/09)
- Carver County's handling of absentee ballots a focus of Coleman's argument (2/18/09)
- Stimulus highlights stakes of Minnesota recount (2/18/09)
- Coleman lawyers call on court to reconsider ballots (2/16/09)
- Winner in Senate race? It could be early voting (2/16/09)
- Coleman asks court to reconsider ruling on rejected ballots (2/16/09)
- Recount trial: Coleman dealt blow, but no knockout (2/14/09)
- Judges: No widespread problem with rejected ballots shown (2/13/09)
- Senate recount trial turns on what exactly a 'legal' absentee ballot is (2/12/09)
- Pace picking up in Minn. Senate trial (2/12/09)
- Senate recount trial turns on what exactly a 'legal' absentee ballot is (2/12/09)
- Mr. Franken Comes to Washington (2/11/09)
- Ritchie calls for early voting, fewer recounts (2/11/09)
- Judges add 23 to Franken's count, but it's far from over (2/10/09)
- GOP: ‘No reports of voter fraud’ in Minnesota (2/09/09)
- In D.C., Ritchie recounts Senate recount work (2/07/09)
- Franken asks Minn. court to put him in Senate now (2/05/09)
- Coleman seizes on newfound ballots (2/05/09)
- Senate recount trial judges put 4,800 more ballots in play (2/04/09)
- Minn. Senate trial continues 1 absentee at a time (2/04/09)
- Minnesota Senate Trial Proceeds, Giving Coleman Hope (2/04/09)
- Judges limit ballot review in Minn. Senate lawsuit (2/03/09)
- Recount trial: Coleman blocked some absentee ballots (2/02/09)
- Making sense of the Coleman-Franken recount trial (2/02/09)
- Ramsey County election chief: Many possible reasons why more Senate votes were recounted than voters in a precinct (2/02/09)
- Spending on Coleman-Franken race keeps rising (2/02/09)
- In Senate trial, Coleman turns to Bush v. Gore (2/01/09)
January, 2009
- Senate trial focuses on absentee processing (1/30/09)
- Senate recount trial: Valid ballots were rejected, expert says (1/30/09)
- Novel snafu: Coleman witness initialed ballot application with a mouse (1/29/09)
- Senate Recount Trial Continues (1/29/09)
- Senate recount trial: Rejected voters have their day (1/28/09)
- Coleman lawyers probe reasons for rejecting ballots (1/28/09)
- Franken Has the Lead, but Coleman Has His Day in Court (1/26/09)
- Were Votes Counted Twice? Maybe (1/22/09)
- Franken's request to dismiss Coleman suit is denied (1/22/09)
- Senate recount: Franken ratchets up legal fight (1/21/09)
November, 2008
- Franken seeks access to rejected absentees (11/13/08)
- Anoka County prepares for meticulous recount (11/12/08)
- CQ's Latest Summary of Undecided Races (11/11/08)
- Recount Looms in Minnesota U.S. Senate Race (11/05/08)
Litigation
Active Cases
- Coleman v. Franken (Minnesota)
Archived Cases
- Bohmann v. City of Minneapolis (Minnesota)
- Coleman v. Minnesota State Canvassing Board (Minnesota)
- Coleman v. Ritchie (Minnesota)
- Franken for Senate v. Ramsey County (Minnesota)
- Franken v. Olmsted County (Minnesota)
- Franken v. Pawlenty (Minnesota)
- In re: 2008 MN U.S. Senate Election (Minnesota)
- Peterson v. Ritchie (Minnesota)
- Shad v. Ritchie (Minnesota)
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