STATE OF MINNESOTA
IN SUPREME COURT
Took no part, Magnuson, C.J., and
Anderson, G. Barry, J.
In the Matter of the Contest of General
Election held on November 4, 2008, for
the purpose of electing a United States
Senator from the State of Minnesota,
Cullen Sheehan and Norm Coleman,
Filed: June 30, 2009
Office of Appellate Courts
Al Franken, contestee,
Joseph S. Friedberg, Joseph S. Friedberg Chartered, Minneapolis, Minnesota;
James K. Langdon, Gretchen Agee, Dorsey & Whitney LLP, Minneapolis, Minnesota;
Tony P. Trimble, Matthew W. Haapoja, Trimble & Associates, Ltd., Minnetonka,
Frederic W. Knaak, Knaak & Kantrud, P.A., Vadnais Heights, Minnesota, for appellants.
Marc E. Elias, Kevin J. Hamilton, Lisa Marshall Manheim, Perkins Coie LLP,
Washington, D.C.; and
David L. Lillehaug, Richard D. Snyder, Fredrikson & Byron, P.A., Minneapolis,
Minnesota, for respondent.
S Y L L A B U S
Appellants did not establish that, by requiring proof that statutory absentee
voting standards were satisfied before counting a rejected absentee ballot, the trial court’s
decision constituted a post-election change in standards that violates substantive due
Appellants did not prove that either the trial court or local election officials
violated the constitutional guarantee of equal protection.
The trial court did not abuse its discretion when it excluded additional
Inspection of ballots under Minn. Stat. § 209.06 (2008) is available only on
a showing that the requesting party cannot properly be prepared for trial without an
inspection. Because appellants made no such showing here, the trial court did not err in
The trial court did not err when it included in the final election tally the
election day retu