Ben Ginsberg responds

The Coleman campaign had attorney Ben Ginsberg call me to respond to my “Coleman’s complaint” post of this morning. After the call, I summarized Ginsberg’s points in an email message to him and invited him to revise and extend his remarks as he saw fit. Below is my summary of Ginsberg’s comments with Ginsberg’s additions italicized parenthetically:

Dear Ben: In our telephone call, you made certain points in response to my post that I want to summarize. I also have a follow-up question.

1.You made the point that two of the 23 ballots of the Nauen intervenors failed the standard set forth in the panel’s Friday order because they lacked signatures. (The number is actually 7.)

2. You made the point that 100 of the 933 ballots failed the standard set forth in the panel’s Friday order. Follow-up question: What criteria did the 100 ballots fail, and how many failed which criteria? (We need to save that for our court filing so you’ll have that later in the week when we file our brief. We’ll attach 15 or so exhibits to illustrate.)

3. You made the point that the Secretary of State only mailed out letters to the 413 voters whose rejected absentee ballots were not accepted by one or the other of the campaigns following the Supreme Court order on the “improperly rejected” absentee ballots. You asserted that letters should have been sent to all 12,000 absentee voters whose ballots were rejected. (Correct, because those voters deserved the same notice as the 413 that they could gain relief through the contest proceeding.)

I express my appreciation to Ginsberg and the Coleman campaign for Ginsberg’s comments and stand by the observations I made in my post this morning.

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