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SECRETARY OF STATE RITCHIE: CAMPAIGNING ACROSS THE STATE TO CHANGE HIS MIND ON REJECTED ABSENTEE BALLOTS

By Michael B. Brodkorb | November 24, 2008

As Secretary of State Mark Ritchie dramatically changes his position on rejected absentee ballots, one is left to wonder if his decision to travel the state rather than managing the recount is a deliberate and calculated effort on his part, and the part of his supporters. It appears that he is setting himself up to publicly renounce his previous position on rejected absentee ballots from being included in the recount.

Let’s take a look at the troubling evolution of Ritchie on an issue of tremendous importance to Team Franken.

On November 12, 2008, the Star Tribune wrote the following:

“One thing that won’t change the Minnesota recount is any dispute over rejected absentee ballots. Ritchie said Wednesday that the Franken campaign’s request last week to have 461 such ballots counted in Hennepin County can be resolved only in court, not by recount officials. Ritchie said the recount will review only valid ballots cast, to determine voter intent. Absentee voters whose ballots were rejected can go to their county auditor, he said, or go to court themselves.”  Source: Star Tribune, Nov. 12, 2008

A day later, the Associated Press also reported on Ritchie’s position on absentee ballots:

“On Wednesday, Democratic Secretary of State Mark Ritchie said a voter with a rejected ballot or a campaign would have to go to court to contest the election for such a remedy – a process he said would fall outside the recount and canvass process. ‘That’s a judicial process and we’re not part of that,’ Ritchie said Wednesday. ‘We’re an administrative process.’”  Source: Associated Press, Nov. 13, 2008

The same day, MinnPost wrote this:

“But Franken’s got a problem. Minnesota Secretary of State Mark Ritchie says such rejected absentee ballots shouldn’t be part of the recount. Ritchie’s deputy, Jim Gelbmann, reiterated that view to MinnPost today, saying, ‘We do not believe that it’s part of the recount process to count rejected absentee ballots.’”  Source: MinnPost.com, Nov. 13, 2008

The Star Tribune once again reported about where Ritchie stood on rejected absentee ballots:

“Secretary of State Mark Ritchie said Thursday that the state would not consider rejected absentee ballots as it begins the recount of the 2.9 million votes cast in last week’s election. ‘Recount law is very specific about what is included,’ Ritchie said. ‘Under current law, those rejected ballots would be handled by a court.‘”    Source: Star Tribune, Nov. 13, 2008

As did the Pioneer Press:

“Secretary of State Mark Ritchie said yesterday that rejected absentee ballots will not be counted in a mandatory state recount scheduled to decide a winner in the race.” Source: Pioneer Press, Nov. 13, 2008

But around November 15, 2008, things started to shift over at Ritchie’s office.  According to the Star Tribune, Ritchie’s own staff began to comment over what was public vs. non-public information regarding rejected absentee ballots:

“While Hennepin and Ramsey counties have said the rejected ballot information is non-public, Gary Poser, the secretary of state’s chief election official, said Friday that he has been advising other counties that the information should be public, which would make it available to the Franken campaign.“   Source: Star Tribune, November 15, 2008

A day ealier, on November 14, 2008, Ritchie himself signaled a major change in his position on the matter of rejected absentee ballots:

“Earlier this week, Ritchie said rejected absentee ballots would only be considered if, and when, this recount gets into the courts next month, but not by the Canvassing Board. The Coleman campaign also objected to a statement made at Ritchie’s afternoon new conference by state Elections Director Gary Poser that the names and addresses of rejected absentee ballot voters are public information. This is a position held by Franken’s lawyers and the basis of Franken’s lawsuit filed Thursday in Ramsey County court. Ritchie denied his position had ‘evolved.’

‘We didn’t know the Franken campaign would bring this to the State Canvassing Board,’ Ritchie said of the five-person group – of which he is a member – that will meet Tuesday to officially approve a recount and then again on Dec. 16 to determine the recount results. ‘I’m not going to stand up here and say we’re not listening to the public, we’re not listening to the candidates, we’re not listening to the press, we are close-minded,’ he said. ‘If somebody brings an issue at a hearing of the whole State Canvassing Board, we will stay until those decisions are made.’” Source: MinnPost.com, Nov 14 2008

Then there was the well-known public shift where Ritchie caved completely and backed off his position that such discussion about absentee ballots had no place with the canvassing board. First in the Star Tribune:

“Meanwhile, both campaigns will be pursuing other measures that are likely to end up in the courts. The Franken campaign earlier this week sued to obtain data about rejected absentee ballots across the state. Coleman has contended the information is confidential. Ritchie, who had said previously his office would steer clear of the rejected absentee ballots, said Friday the Canvassing Board will probably determine whether to take up the issue. While Hennepin and Ramsey counties have said the rejected ballot information is non-public, Gary Poser, the secretary of state’s chief election official, said Friday that he has been advising other counties that the information should be public, which would make it available to the Franken campaign.”  Source: Star Tribune, November 15, 2008

Then the Pioneer Press:

“Earlier in the week, Ritchie said arguments over whether ballots were improperly rejected should be made in court, not in the recount. But on Friday, he said, ‘It will get a hearing by the whole state canvassing board.’ The Coleman campaign criticized his remarks, as well as those of Elections Director Gary Poser, who, it was revealed Friday, previously had told officials from at least seven counties that he believed the information was public.” Source: Pioneer Press, Nov. 15, 2008

From the West Central Tribune:

“Secretary of State Mark Ritchie said he would not comment on whether the state Canvassing Board, which meets Tuesday, would accept a potential request to include in the vote total absentee ballots improperly rejected. ‘If it’s brought to the Canvassing Board, it will be up to the Canvassing Board to decide how to act,’ Ritchie said. That came after Ritchie said earlier that such a request would have to be handled in court.”         Source: West Central Tribune, Nov. 15, 2008

Again, from the Pioneer Press:

“The statements are pegged on Ritchie’s shift on Friday regarding whether the Franken campaign can ask the state recount panel, which Ritchie chairs, to consider examining rejected absentee ballots to see if they were properly rejected. Early last week, Ritchie said no; on Friday, he said the panel would listen to arguments. He refused to express an opinion beyond that.” Source: Pioneer Press, Nov. 15, 2008

So, all of this became the run-up to a press conference Ritchie held on Friday after another one of his “tours” of statewide counting locations.  During Ritchie’s press conference, this bombshell came out of his mouth:

“Ritchie:  At the moment, at least one person from what I’ve been told whose absentee ballot they feel like it was not counted and they feel like it should have been has gone to court, but it would be important to not have that have to be the recourse that people have, but we won’t know until we start talking about it on Wednesday.” Source: November 21, 2008

So, now Ritchie, who has been traveling the state has apparently decided he will change where he stands on who is the right adjudicator of rejected absentee ballots. Once he stood firmly with the Attorney General’s office in declaring that the only avenue of resolution for rejected absentee ballots was the court system.

Now, in what appears to be a clear and obvious partisan political switch, Ritchie is now siding completely and wholly with Team Franken in their argument that the state canvassing board should itself make the decision on whether legally rejected absentee ballots should be included in the recount.

How convenient is that for Ritchie and Team Franken! How will Ritchie justify this obvious partisan switch? I bet you he will do it by saying that in his travels throughout the state he has heard from many Minnesotans whose absentee ballots were rejected and that it is his responsibility as secretary of state to stand up for those people whose votes haven’t been counted. What a crock.

Ritchie’s job is to be at the Secretary of State’s office running this recount.  He shouldn’t be running around Minnesota playing to the cameras and masquerading as the defender of people whose absentee ballots were legally rejected.  Under state law, there are clear guidelines on how these ballots must be addressed.  Ritchie will be playing a very dangerous game if he decides to stand before Minnesotans and instead of following the law and listening to the direction of the Minnesota Attorney General’s office decides he is going to play partisan politics with the recount.

If Ritchie decides to take a position that ignores the legal standard of how legally rejected absentee ballots are treated in Minnesota, he will have eliminated any remaing doubt from people about his conduct and partisanship during this recount

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