Dayton on MNGOP motion: “It seems strange to me”

Democrat Mark Dayton is questioning why Republican Tom Emmer and the Minnesota Republican Party are asking the Minnesota Supreme Court to step in before a hand recount in the race for governor. Dayton currently leads Emmer by nearly 8,800 votes but Emmer filed an appeal to the Minnesota Supreme Court asking the court to delay the recount until a review is done to ensure that no more votes were cast than voters signed in on Election Day. On Fargo’s KFGO-AM this morning, Dayton says the Republicans are trying to change the rules of the game after it’s been played.

“I’m not a lawyer and I’m trying to figure out what they?re doing but I?m an old hockey player and it’s sort of like you can lose the game 6 to 4 and then you ask the judge to throw all ten goals into the lottery and you pull out six of them and hope that those are yours rather than the other teams. It seems strange to me but I just live here.”

The Republican Party has asked for the Minnesota Supreme Court to act on their request quickly. The State Canvassing Board is scheduled to meet on Tuesday to certify the election and order a recount.

Dayton also discussed his transition team and how he’ll work with the GOP controlled Legislature.

Here’s Dayton’s appearance on KFGO-AM with host Joel Heitkamp:

I’m told Dayton will appear on MPR’s Morning Edition tomorrow to discuss his transition plans. Republican Tom Emmer is scheduled to appear on TPT’s Almanac on Friday night.

  • Duke Powell

    Well, the error here is this

    statement: “Republicans are trying to change the rules of the game after it’s been played.”

    The “game” isn’t over yet. State law requires a recount. The Emmer filing with the Court is an attempt to make sure the recount is accurate.

    I don’t see how anyone can argue with that.

    Especially when the Republicans have offered evidence that mistakes were made on election night, at the precinct level, that may have had an effect on the outcome.

  • Jamie

    Since before election day, Republicans have been trying to make it look like there could be problems with the vote. First they made up reasons to warn people about voter fraud which is almost non-existent in Minnesota. It was just an effort to scare timid or unsure people away from the polls. Then on election day, they tried to make it look like there were all kinds of technical problems with the machines. Funny how no Democrats or Independents reported problems like that. If there were really a significant number of problems, we would have heard from all sides. And now, since election day, they’ve been holding news conferences to say that there are various boogeymen in the voting results and ballots that we need to watch out for or go to court over. And in a typical Republican manner, they’re dreaming up terms like “phantom ballots” to put a marketing spin on their game. And the game is . . .

    . . . To make it LOOK like there’s a reason to object to the automatic recount results and then file for another recount so that the new Republican-controlled Legislature can jam through a bunch of draconian legislation that Tim Pawlenty will sign into law while he’s waiting for the recount to be done (at which time Dayton will take the office of governor).

  • Ralph Crammedin

    The Republican strategy is easy to read. Since there hasn’t been a DFL Governor in many years, the Supreme Court is stacked with Republican appointees. The recount will almost certainly show Dayton the winner by thousands of votes, so the Republicans are hoping the Court will pull a BushGore 2000. That is, they want the Court to jump in and start revising the process before the recount can be completed. Never yet have I met a Republican who didn’t want to change the law when it went against him.

  • Billy

    The phrase “improperly rejected absentee ballot” was never uttered in Minnesota before Franken’s lawyers made it up and convinced our supreme court to look into it. Two years later it’s the GOP lawyers bringing a legal theory to the court. At least this one is actually in the statutes.

    Also, in the last recount, the court rejected motions made by Republicans because they were too late. They aren’t going to let that happen again.

  • Phil Anderson

    Well, the error here is this

    statement: Like the barely non-frivolous petition to our Supreme Court, it excludes the material fact that when things don’t go Emmer’s way he, Tom Emmer, in Wright County, is using an attorney “pal” of his to have Judge Halsey throw out a legal malpractice lawsuit filed by a former client shortly before the election. Is not Sutton and associates contacting Halsey exparte to delay denying summary judgment until after January 3rd, 2011 to keep their lame duck governor still there?

    THAT “game” isn’t over yet. State law requires an unbiased Judge (Halsey??) to deny summary judgment if the record shows disputed issues of fact (see Hacbarth vs. Emmer, Wright County District Court). The Emmer filing with the Supreme Court “is an attempt to make sure the recount is accurate”. The key word in the poster’s sentence is ‘accurate’ and Emmer/Sutton et al are misusing our Supreme Court with a barely non-frivolous petition where they know aforehand that any inaccuracy is miniscule and will not materially change the election results. Dayton still wins, materially wins.

    I don’t see how anyone can argue with that.

    Especially when the Republicans have not offered evidence that mistakes were made on election night, at the precinct level, that may have had an effect on the outcome, where the word “effect” has no bearing in changing the end result; ie. Dayton still wins; but rather for the sake of delay and some undisclosed political advantage to coerce Mark to make some concession so they will drop their petition. Or, Emmer is intentionally and egregiously delaying same so that Mark, as our duly elected governor, will not be able to sign off on federal health care for the middle class, the uninsured and the poor.

  • Ralph Crammedin

    @Billy, you guys are SO transparent. We oughta call you GlassMan. As you and every Republican already know, the whole Republican Recount Scam is just a ploy to hold Governor-elect Dayton and the people of Minnesota hostage as long as possible, sorta like you held us hostage in 2008, only with a lot longer odds this time. No way you’re gonna make up 9,000 votes, no matter what legal Hocus Pocus you dream up. But now you think we’ll fall for the next level of Republican tricks, the BushGore 2000, let’s-pretend-it’s-Florida Scam. Billy, I can see right through your head. Dunno who you think you’re foolin’, dude.

  • http://www.duluthtriallawyers.com/ Don Dave

    There still a recount on this according to the law, So the game isn’t over yet. There are still a lot of things to follow.