That’s Tom Emmer’s legal team to the Minnesota Supreme Court. You see, there are a few more votes in the governor’s race than were recorded as signed in voters on election day. Admittedly, not the optimum situation; maybe the recount will go at least some distance to explaining the discrepancy.
The Supreme Court summarily dismissed the Emmer camp proposal to throw votes out prior to a recount, as it should have. It was a stupid, Hail Mary idea, and unconstitutional, to boot, as Professor David Scultz describes:
Finally, assume that we do have to do reconciliation if there are discrepancies as Emmer alleges. The stated statutory remedy is randomly removing ballots. If that were to occur I think the state law is unconstitutional. By that [I mean], if voting is a fundamental right protected by the First and Fourteenth Amendments (and that is true), subjecting voters to random denial of having their ballot counted because of election official counting errors or mis- or maladministration is clearly a denial of a right to vote.
Professor Schultz also describes in his post why Emmer cannot win, even with “reconciliation,” unless, in addition to the Constitution, the rules of arithmetic are suspended.
Update: Of course, the Emmerians only want to do it in selected counties.