Minn. Recount Violates Constitution

Arbitrary calls are reminiscent of Florida 2000: Paulsen

By Ambreen Ali, Newser Staff

Posted Jan 15, 2009 12:50 PM CST

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Minn. Recount Violates Constitution — "The present 'certified' result, which is that Mr. Franken won by 225 votes out of more than 2.9 million cast, is an obvious, embarrassing violation of the Constitution," Paulsen writes. (AP Photo/Jim Mone, File)

Minnesota's Senate recount "is Florida 2000 all over again," Michael Stokes Paulsen writes in the Wall Street Journal. "The details differ, but not in terms of arbitrariness, lack of uniform standards" and other bad precedents the decision in Bush v. Gore created. The situation "isn't just embarrassing," Paulsen argues. "It is unconstitutional."

Al Franken currently leads Norm Coleman by 225 votes, but Bush v. Gore and state law must prevail to legitimatize the election results, Paulsen argues. "There is no looming national deadline. Minnesota can take its time and do things right." And if the "legal train wreck" can't be straightened out? "The Constitution's answer is a do-over."
(More Minnesota stories.)

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