Tom Emmer demands MN Supreme Court opinion in ballot count petition

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Mark Dayton's roughly 9,000-vote lead has not changed.
Tom Emmer's still losing the recount in the governor's race, but he's not conceding anything to Mark Dayton.

Instead, with the recount nearing completion and the outcome still favoring Dayton by almost 9,000 votes, he demanded today the the Minnesota Supreme Court issue a written opinion as to why it rejected his petition challenging the method by which ballots are counted. Not that he's trying to delay anything.

The court rejected his petition back on Nov. 23.

Emmer's team wanted the court to order election officials across the state to match the number of ballots cast in each precinct with the number of voters' signatures on the rolls. Anything less breaks state law, they argued.

But that's not true. An administrative rule set in place decades ago by the Secretary of State's office allows local election officials to compare the final vote tally to the number of recorded ballot receipts instead. The reasoning is based on the fact that voters can't get receipts until they've signed the roll at their polling stations. And the court turned Emmer down.

Today as he admitted the recount doesn't appear to be changing the outcome, Emmer circled back to the court case and tried to characterize precincts that followed the accepted administrative rule as having made an "egregious" assault on the voting system.

Perhaps as an olive branch, he also announced that his lawyers would remove their challenges to ballots that clearly wouldn't stand the scrutiny of the state canvassing board.

He also dodged when he was asked flat-out, "Do you think you won?"

The process "worked well," Emmer said. But, "It's not appropriate to say what I think the outcome will be."


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