ST. PAUL, Minn. (WCCO) — Republican gubernatorial candidate Tom Emmer is waiting to hear if the Minnesota Supreme Court will hear an emergency claim that there may have been more votes than voters in the election this year.

It means there could be a delay in the election recount of the governor’s race.

The Minnesota Supreme Court is expected to say Friday evening whether it will hear Emmer’s claim. If it does, it will begin on Monday.

DFL candidate Mark Dayton, Secretary of State Mark Ritchie and both Hennepin and Ramsey counties have filed petitions with the court to throw out Emmer’s lawsuit. Dayton says its real purpose is to “disrupt and delay” the election.

Ramsey County election chief Joe Mansky says Emmer’s basing his petition on an outdated, obsolete paper ballot law hasn’t been used in nearly 30 years, since Minnesota started using electronic equipment.

Mansky says what Emmer wants, to randomly remove votes, would damage Minnesota election integrity.

“We are extremely reluctant to disenfranchise an innocent person who, through no fault of their own, might have their properly-voted ballot withdrawn at random from a ballot box,” he said.

Dayton announced Friday that he is bringing onto his team the same lawyers Senator Al Franken had in his 2008 recount, led by Mark Elias.

If the Minn. Supreme Court hears the case Monday, it could push everything back. The certification of the election begins Tuesday. There will be a recount, most likely after Thanksgiving, but everything could be pushed back based on whether the court agrees to hear the case.

Comments (14)
  1. Sheila says:

    Why is it so hard for Republicans to accept the fact that they lost. Dayton has won. The people of Minnesotta has spoke. They want Dayton.

    1. Sally says:

      SOME of the people of MN have spoken and say they want Dayton – barely half. Horner received a good chunk of votes from people who did not support Dayton. I will not be proud to call him my Governor, that’s for sure. He will run this state into the ground.

    2. Ryan says:

      Sorry no One wants Dayton there was no one else to Vote for. No choices! DAYTON SUCKS!

  2. Colleen says:

    Did Franken give up when he was behind votes? Why should Emmer?

  3. Mark says:

    It is truly undignified to try to delay this process when it is reasonably clear that the people have spoken. The margin may be small, but it is not unclear. It does not help the Republican party going forward to fight for an unlawful advantage. Better for Republicans to take the high road and work with reality if they want to win in the long term.

  4. mishamn says:

    Did Bush give up when he lost, twice? Why should Emmer?

    1. Ann says:

      Good point! It gave me a chuckle, but maybe I shouldn’t laugh. Kinda sad and scary…the Bush thing, I mean.

  5. Stacy says:

    I have no problem with the automatic recount happening. That is what should happen when the votes are within that small of a margin. That is what Franken did, despite Republican calls for him request no automatic recount with a much smaller margin. At the end of that recount where the votes were only a few hundred to begin with, Franken was declared the winner. That is when the lawsuits started.

    So I say we have the recount and abide by however it turns out. No lawsuits before the recount happens. No lawsuits after the recount happens. If there is an obvious issue that comes up during the recount resolve it then. Let the votes come out however they may and let us move on. If this is dragged out like the Coleman/Franken elections I will be so disappointed. If Emmer sues over the results I am not sure that people will be able to forgive the Republican party for dragging us through this twice.

  6. Virgil says:

    My dearest Colleen,
    Franken won by only 312 votes. This election has a difference of almost 9,000. It is a small number considering the total population of MN but large enough to show who the people want as their next leader. Emmer needs to stop stringing this along and accept the defeat so we can move our state in the right direction for a change. If the difference in votes was similar to the Franken/Coleman election, I would totally agree with you. Fortunately, that is not the case.

  7. Sonny says:

    I just don’t want a GOP controlled legislature along with a GOP Governor. That is why I want this to end before the new year.

  8. Jadd says:

    Norm Coleman won the election based on the election laws made by the State Legislature. It was a series of rulings by judges that allowed missing ballots to be included in the totals, and some rejected ballots. The judges even dismissed rejected ballots after Franken obtained a lead.

    Everything else is subject to an audit and following the law will only improve our election process. Perhaps someone is about to get busted for vote fraud.

  9. Jadd says:

    In other words, Democrats are always good at demanding transparency. They even obtained private information about voters in the last election. Now suddenly in their mind a law made by the state legislature demanding transparency is out dated and should be dismissed, just like all the other laws made by our legislative branch in our last election.

  10. Charlie says:

    In my opinion, a certification and a recount should happen BEFORE the courts agree to hear anything from either side. I do think Mansky’s claim is probably accurate in this case–Emmer simply wants to delay things long enough to keep a Republican governor in office beyond the new year. I hope the court throws out his case. Did I vote for Emmer? No. But I assure you my position would be the same if I had. This is becoming ridiculous.

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