In it, but not of it. TPM DC

Coleman Going For Do-Over? Spokesman Declares Election "Fatally-Flawed"

The Coleman legal team used this afternoon's examination of two county election managers, Kendra Olson of Carver County and Mary Kay Kes of Scott County, to explore their this-whole-election-is-a-disaster gambit again. Olson testified that she tried to be forgiving with some of the rules for accepting or rejecting absentee ballots -- but not all.

Meanwhile, Scott County elections manager Mary Kay Kes said her county didn't even check on a particular voter error that led Olson to keep out 181 ballots -- what the Coleman camp claims is an inconsistency in treating ballots that rises to being a Constitutional violation.

Thus, Ginsberg said, there are votes already in the system that under the court's recent ruling -- which forbade Coleman from asking for some ballots to be counted -- are to be considered invalidly cast.

So the Coleman camp appears to be setting up a choice for this court or any future appeals: Either count all these rejected ballots, under Coleman's novel Equal Protection claim, or we'll insist that this whole election was illegal and demand a mulligan.

Come to think of it, they could still claim that the election was illegal if those ballots are all counted, and Norm is behind.

(By the way, here's a fun fact: Carver County, which has supposedly given Al Franken all these illegal votes, actually voted for Norm Coleman by 55%-29%, and Scott went for Coleman by 51%-31%. Even taking into account Franken's statewide lead in absentee ballots, Coleman could have won them here.)