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Profile: David Lillehaug

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David Lillehaug was a participant or observer in the following events:

The recount process to determine the winner of the US Senate race in Minnesota begins. Incumbent Senator Norm Coleman (R-MN) has a narrow lead over challenger Al Franken (D-MN), who requested the recount as permitted in Minnesota law when the results of a race are so close. The state Canvassing Board met on November 18 to certify the unofficial results, thus allowing the recounts to begin at almost 100 county and city election offices throughout the state. The procedure entails an appointed recount auditor examining each ballot by hand to determine the voter’s intent, monitored by representatives from each candidate’s campaign. Auditors will sort each ballot into the appropriate stacks. According to the 2008 Recount Guide issued by Minnesota Secretary of State Mark Ritchie, “a ballot or vote must not be rejected for a technicality if it is possible to decide what the voter intended, even though the voter may have made a mistake or the ballot is damaged.” Ballots that are in dispute will be sent to the five-member Canvassing Board, which includes Ritchie, two state Supreme Court justices, and two Ramsey County district court judges, who will make final decisions as to the validity of disputed ballots. KARE-TV has reported that as many as 6,000 ballots may have been missed by the optical-scan machines because of improper markings. Ramsey County elections head Joe Mansky says that around 2 percent of ballots are mismarked in each election. If the intention of the voter is clear, he says, those votes will be counted. Law professor David Schultz says the process reminds the observer of the election debacle in Florida during the 2000 presidential election (see 9:54 p.m. December 12, 2000), and notes that Minnesota has a long tradition of not penalizing voters for failing to fill out ballots properly if their intent can be determined. [Minneapolis Star-Tribune, 11/6/2008] The Canvassing Board says it will not make a decision just yet on whether to count disputed absentee ballots. Minnesota Supreme Court Justice G. Barry Anderson, one of the five members of the board, says of the decision to table the absentee ballot issue: “I reference particularly the blizzard of paperwork that we have seen and whether or not there might be some additional time necessary to consider all of it. Is there anything about an additional period of time that will impact the rights of the parties to make election challenges or take other steps under the law?” Franken wants the absentee ballots in dispute to be counted; Franken’s lawyer David Lillehaug tells the board: “These people are real people who did everything right. They wanted to participate in our democracy. They wanted to vote and have their vote counted. Can’t we all agree that they shouldn’t have to start a lawsuit, or have somebody else start a lawsuit before their votes are counted?” Coleman’s attorney Fritz Knaak calls Lillehaug’s arguments “bothersome,” and says the board should not consider and count rejected absentee ballots. [Minnesota Public Radio, 11/18/2008]

Entity Tags: Joe Mansky, David Lillehaug, Al Franken, David Schultz, G. Barry Anderson, Mark Ritchie, Minnesota State Canvassing Board, Fritz Knaak, Norm Coleman

Timeline Tags: Civil Liberties

Al Franken (D-MN), who won the recount to become the junior US senator from Minnesota but who has been blocked from taking his seat by a legal challenge filed by his opponent, Norm Coleman (R-MN—see January 5, 2009 and January 7, 2009), asks the Minnesota Supreme Court to expedite Coleman’s legal challenge to the recount. Coleman is appealing the recent decision by a lower court to uphold the recount findings and declare Franken the winner of the race (see April 13, 2009). Franken won the recount by 312 votes. Franken’s lawyer David Lillehaug says in a court filing, “Because of the important public policy concern of ensuring that the interests of the citizens of Minnesota are properly represented in Congress, this appeal should be expedited.” Lillehaug is echoing concerns made by Franken and his campaign that Minnesota is suffering by having only one, and not two, sitting US senators. Coleman’s campaign says through a spokesperson that it will comply with a Supreme Court ruling; Coleman himself has said he wishes the process to move as quickly as possible. Franken wants oral arguments before the Minnesota high court to begin in early May, but Coleman’s lawyer James Langdon says those arguments probably will not begin until late May or early June. Minnesota’s version of the Democratic Party, the Democratic-Farmer-Labor Party (DFL), has begun a “Give It Up, Norm” campaign prodding Coleman to concede the election. DFL official Brian Melendez says of Coleman, “If he fights this through to its bitter conclusion, he’ll be not only a sore loser but a permanent loser.” Minnesota Republican Party spokesperson Gina Countryman says, “The number that matters in this whole scenario is the number of voters that remain disenfranchised,” continuing Coleman’s argument that if the ballots were properly counted, he would have won the recount. [Minneapolis Star-Tribune, 4/22/2009]

Entity Tags: Norm Coleman, Al Franken, Brian Melendez, David Lillehaug, Gina Countryman, James Langdon, Minnesota Supreme Court

Timeline Tags: Civil Liberties, 2008 Elections

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