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Court sets Emmer ballot hearing

ST. PAUL -- The Minnesota Supreme Court this afternoon will hear arguments in Tom Emmer's case that claims not all 4,136 precincts' election judges made sure the number of ballots cast in the Nov. 2 election matched the number of people who voted.

However, Chief Justice Lorie Gildea's order setting up today's hearing did not indicate when a decision can be expected in the governor's race case. Gildea released her order this morning.

Emmer claims that since the proper reconciliation between ballots and voters was not done that the State Canvassing Board should do that job. Republicans claim there likely were more ballots cast than voters, leaving to what GOP Chairman Tony Sutton called phantom votes.

The board meets Tuesday and is expected to order a statewide hand recount of the 2.1 million ballots cast. The recount is to end up with the board deciding the governor's race election winner on Dec. 14, but it is not known whether the Emmer case could affect that goal.

Democrat Mark Dayton leads Republican Emmer by 8,755 votes, close enough that a recount is mandated under state law. Emmer could turn down the recount, but said he wants it to proceed.

Don Davis
Don Davis has been the Forum Communications Minnesota Capitol Bureau chief since 2001, covering state government and politics for two dozen newspapers in the state. Don also blogs at Capital Chatter on Areavoices.