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Clay County Auditor-Treasurer Lori Johnson testifies Thursday during the Senate recount trial in St. Paul. Johnson could offer no reason why five ballots disappeared from Oakport Township after the November election. AP Photo/Jim Mone,Pool

Missing Clay County ballots end testimony in Senate recount trial

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Missing Clay County ballots end testimony in Senate recount trial
Willmar Minnesota 2208 Trott Ave. SW / P.O. Box 839 56201

ST. PAUL -- Lori Johnson was a fitting final U.S. Senate trial witness because, like many other issues in the case, she left unanswered the main question attorneys asked.


The Clay County auditor-treasurer could offer no reason why five ballots disappeared from Oakport Township, just north of Moorhead, after the November election. In a way, those five ballots represent the entire 7-week-old Senate trial, with both candidates looking for ballots they can count.

Attorneys for Republican Norm Coleman and Democrat Al Franken are to deliver their closing arguments today, allowing a three-judge panel to consider what to do next.

Coleman brought the case after the state Canvassing Board gave Franken a 225-vote lead out of 2.9 million cast. Coleman attorneys took five weeks bringing in voters and elections officials as they tried to find enough uncounted ballots to erase that lead.

Franken's side used the past two weeks to do the same for its candidate.

Coleman claims 1,359 ballots remain in doubt.

The case has centered on whether thousands of absentee ballots were properly rejected and how many of those actually should be counted.

Franken attorney David Lillehaug questioned Johnson about the Oakport ballots.

Rolls at the suburban precinct showed 1,074 voted, but just 1,069 ballots were counted. Johnson said that she and representatives of the two Senate campaigns have looked for them in her election room, and an Oakport official looked in a ballot counting machine to make sure they were not left there.

Elections officials also recounted the precinct's ballots three times during a November statewide Senate recount, she added.

The Franken total fell five votes from election night to the recount and in an interview Johnson said she has no clue to what might have happened.

Auditor since 1997, Johnson said she never has seen a missing-ballot problem like this before -- but she also said there has not been such a close and hotly contested election.

"Five ballots in this race is a lot," she said.

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.