Is there any actual argument in law or reason for not counting validly cast votes that were rejected in error?
In a race that seems to be within a couple of dozen votes one way or the other, if there are 1,000 or even 2,000 such valid ballots not yet counted, likely to tilt toward Franken because he apparently led in absentee voting overall, then that’s likely to be all she wrote.
My non-expert impression is that the Coleman campaign is acting in a slightly reality-challenged manner here. The more unreasonable the positions they take – and its hard to get more unreasonable than “Let’s not count the ballots that were rejected through no fault of the voters but simply because some election worker goofed” – the easier it’s going to be for Harry Reid to decide that the Senate needs to act on its Constitutional duty to judge the returns of its own members.
Update The Minnestota Canvassing Board, which includes two (Republican) members of the Staet Supreme Court, unanimously agreed: votes not counted due to official mistake should be counted. That decision came two days after Chief Power Tool John Hinderaker opined that “Franken’s effort is doomed to failure.”