Judge to issue decision on Franson-Cunniff election today

A judge is expected to make a decision today concerning the one-vote election win of Mary Franson over Bob Cunniff in Minnesota House District 8B.

When Douglas County election officials were going over the canvassing results last week to prepare for an automatic recount, they noticed that 32 voters in Alexandria Wards 1 and 5 were given ballots that allowed them to vote in the Franson-Cunniff race when they were supposed to be voting in the neighboring House District 12B race.

In addition, in Alexandria Ward 3, there were three more ballots cast than there were signatures on the voting roster.

Those votes could loom large since Republican Franson, a first-term legislator, won the election by a one vote, 10,652 to 10,651 over Democrat Cunniff.

Judge Dave Battey listened to attorneys representing each candidate at a hearing in Douglas County District Court this morning.

In a nutshell, Franson and her attorney are requesting the court to get involved because they believe the local canvassing board lacks the authority on correcting the errors that were made in the election. They want the total number of over-votes, 35, pulled at random from the three affected precincts, which they claim is the proper remedy under state law.

Cunniff and his attorney are arguing that the error was not just a counting and recording error but involved procedural errors made by the election judges (giving ballots to people who should not have been voting in the Franson-Cunniff race). Cunniff wants another remedy that would be determined by a contested election board such as inspecting the ballots, conducting a new election in the affected wards, examining the absentee ballots, etc.

Judge Battey is expected to issue a written decision today because the local canvassing board is meeting tomorrow.

Keep checking the website for an update.

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