Franken May Appeal To Senate, Courts

By: Brian Montopoli
Topics: The Senate

Minnesota Senate candidate Al Franken's campaign says it may appeal to the U.S. Senate or the courts because it believes that up to 1,000 absentee ballots were improperly disqualified in the state's recount of votes, The Hill reports.

"Wherever the numbers stand today…that number simply cannot be relevant if it does not include all the votes that were legally cast," Franken attorney Marc Elias said, according to the newspaper. "No recount can be considered accurate or complete until all the ballots cast by lawful voters are counted."

Franken trails Republican rival Norm Coleman by 282 votes with most of the vote counted, though his campaign claims the deficit has shrunk to 73 votes.

Here's more background from The Hill:

Minnesota's Board of Canvassers ruled last Wednesday that it would not revisit the improperly disqualified ballots.

Elias said that of the 12,000 disqualified absentee ballots in the race, "as many as 1,000″ ballots were improperly excluded, and should be counted. Elias said it would appeal to the Board of Canvassers, courts, or even the U.S. Senate to ensure those ballots be counted.

The U.S. Constitution allows each congressional chamber to be the "Judge of the Elections, Returns and Qualifications of its own Members." Senate Majority Leader Harry Reid (D-Nev.) called the Board of Canvassers' decision to not count the absentee ballots "a cause for great concern," fueling speculation that the Senate would explore the legality of the Minnesota recount's results.

"If ultimately there is no remedy before the canvassing board or before the courts, then that is certainly an option," Elias said of appealing to the Senate.

Brian Montopoli
Brian Montopoli is the senior political reporter at CBSNews.com.
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by edmundrush December 3, 2008 6:09 AM EST: The article says Franken trails by 282 votes but his campaign claims the deficit is 73 votes, then fails to explain the difference. On what basis does the writer say it''s 282, and on what basis does the campaign say it''s 73?; Reply to this comment


by crowbarman December 2, 2008 6:05 PM EST: Yes, Franken is interested in counting every vote. Until he is in the lead, that is, then he''ll declare an end to the recounting and resist any attempts to count further.; Reply to this comment


by edmundrush December 2, 2008 4:46 PM EST: The article says Franken trails by 282 votes but his campaign claims the deficit is 73 votes, then fails to explain the difference. On what basis does the writer say it''s 282, and on what basis does the campaign say it''s 73?; Reply to this comment


by edmundrush December 2, 2008 4:30 PM EST: The article says Franken trails by 282 votes but his campaign claims the deficit is 73 votes, then fails to explain the difference. On what basis does the writer say it''s 282, and on what basis does the campaign say it''s 73?; Reply to this comment


by edmundrush December 2, 2008 4:25 PM EST: The article says Franken trails by 282 votes but his campaign claims the deficit is 73 votes, then fails to explain the difference. On what basis does the writer say it''s 282, and on what basis does the campaign say it''s 73?; Reply to this comment


by edmundrush December 2, 2008 4:19 PM EST: The article says Franken trails by 282 votes but his campaign claims the deficit is 73 votes, then fails to explain the difference. On what basis does the writer say it''s 282, and on what basis does the campaign say it''s 73?; Reply to this comment


by indulgeme December 2, 2008 12:43 PM EST: This is not about "deserving" the Senate seat or about Coleman being heard. It''s about the voters being heard. Every legally cast ballot should be counted.; Reply to this comment


by indulgeme December 2, 2008 12:04 PM EST: This is not about "deserving" the Senate seat or about Coleman being heard. It''s about the voters being heard. Every legally cast ballot should be counted.; Reply to this comment


by hbd79 December 1, 2008 10:27 PM EST: What this article should have said is, "Franken will not stop until he gets the Senate seat whether he deserves it or not." If this goes to the Senate Coleman will not get a fair hearing.; Reply to this comment