Norm Coleman attorney James Langdon, in a letter to judges hearing the Minnesota election contest:
Some courts have held that when the number of illegal votes exceeds the margin between the candidates — and it cannot be determined for which candidate those illegal votes were cast — the most appropriate remedy is to set aside the election. In that regard, the Court may wish to review the following cases addressing situations in which the number of illegal votes is large and the margin of victory is small…
So, first Coleman’s attorney’s argue for proportionate reduction, and now they argue that if the number of illegal votes exceeds the margin of victory, the entire election has to be set aside and redone. Sounds familiar, no?
There are in fact rare grounds for setting aside the results of an election, but as we learned in WA in 2004, closeness sure as hell ain’t one of them. Of course, what happened here holds no legal precedence for MN, but dollars to donuts the judges there will be looking at Judge Bridge’s decision before writing their own.