January 5, 2009 10:39 AM

Franken To Be Certified Winner, But Minnesota Senate Battle Not Over

By
Brian Montopoli
Topics
Election 2008
(AP Photo/Jim Mone)
This afternoon, the Minnesota state Canvassing Board is set to certify recount results showing Democrat Al Franken with 225 more votes than incumbent Republican Norm Coleman.

Coleman isn't exactly calling Franken to congratulate him on a victory, however: His campaign's lawyers have seven days to file suit challenging the results, and they have suggested they will do so. According to the Star Tribune, the ensuing court battle could "leave the seat vacant for weeks."

The Coleman camp's hopes rest on two arguments: One, that a small number of ballots were counted twice in the recount, and two, that 650 improperly rejected ballots were never forwarded to local officials to be counted.*

As the Associated Press reports, New York Sen. Charles Schumer has indicated he favors seating Franken soon.

"While there are still possible legal issues that will run their course, there is no longer any doubt who will be the next Senator from Minnesota," he said. "With the Senate set to begin meeting on Tuesday to address the important issues facing the nation, it is crucial that Minnesota's seat not remain empty, and I hope this process will resolve itself as soon as possible."

But Republicans are signaling that they will fight efforts to seat the former comedian. On CNN this morning, National Republican Senatorial Committee chair Sen. John Cornyn said there is a "likelihood" of a filibuster over Franken being seated (even provisionally), and the AP quotes Cornyn criticizing Schumer for "pre-judging the outcome while litigation is still pending."

Franken's lead rose from the double digits to the current 225 votes on Saturday, when 933 wrongly rejected absentee ballots were counted. There were almost 3 million votes cast in an race.

Republicans are already framing the Coleman/Franken fight as an example of Democrats acting improperly. The Republican National Committee late last night sent an editorial to reporters from the conservative Wall Street Journal editorial page alleging "Funny Business in Minnesota."

"Thanks to the machinations of Democratic Secretary of State Mark Ritchie and a meek state Canvassing Board, Mr. Franken may emerge as an illegitimate victor," the WSJ wrote – a sentiment likely to be echoed by Republicans in the coming days.

*UPDATE: The Minnesota Supreme Court has rejected the Coleman camp's request to count the roughly 650 rejected absentee ballots upon which it has pinned its hopes.

But that doesn't mean Coleman is giving up – his campaign quickly sent out a statement vowing to contest the results.

"Given our campaign's unwavering commitment to ensuring that the vote of no Minnesotan is disenfranchised, today's ruling by the Minnesota Supreme Court is both disappointing and disheartening," Coleman for Senate Counsel Fritz Knaak said. "The fact that the Franken campaign now rejects the notion of every valid vote being counted so they can attempt to declare victory on the basis of a broken process, and an artificial lead built on double counting of votes should concern all Minnesotans. Today's ruling, which effectively disregards the votes of hundreds of Minnesotans, ensures that an election contest is now inevitable."

As the AP notes, the Supreme Court left the door wide open for such a move – the ruling noted that Coleman's motion to have the ballots counted "was among issues better handled in a post-recount lawsuit."

UPDATE #2: And it's official: Around 3:30 PM Eastern Time, the board certified Franken as the winner of the recount.

Add a Comment See all 44 Comments
by hillarynow January 6, 2009 9:10 PM EST
Coleman is a sore loser. Al Franken is so much smarter than Coleman, thank God Coleman lost!! We are all so happy in the Democratic party, and it''s been so much fun watching you Republicans squirm, somewhere right now Bill O''Reilly is having a nervous breakdown over this one!

Break out the party hats and Champagne!

Franken for President !!!
Reply to this comment
by briannorwood January 6, 2009 12:46 PM EST
Hey Norm!

Didn''t you say right after the election that it would be best for the State if Al conceded?

Shoes'' on the other foot now. Do you still have that great concern for the poor people of MN?
Reply to this comment
by hillarynow January 5, 2009 9:51 PM EST
CONGRATS SENATOR FRANKEN! YOU''VE DONE GOOD! THE US SENATE NEEDS MEN LIKE YOU! COLEMAN IS A SORE LOSER! LOOK AT HIM WHINING LIKE A LITTLE GIIIIRRRRRRL! FRANKEN FOR PRESIDENT!!!
Reply to this comment
by centerfall94 January 5, 2009 7:19 PM EST
Poor poor republicans. Cry more please? You lost. And you lost HUGE. Franken''s victory is just the icing on the big fat victory cake for the democrats.

Hear that? YOU LOST. YOU LOST BIG.
Reply to this comment
by alanw1077 January 5, 2009 7:17 PM EST
I can hear the 80% liberal Minnesota canvassing board officers now:
"The minute Franken is ahead, the recount is OVER! Got it?"

What a shameful period in Minnesotas history. A disgrace, a complete and total robbery.
Reply to this comment
by brundage3 January 5, 2009 7:16 PM EST
The stuff about Gregoire here in Washington State,,, The post here is in factual error.

(WHY CBS does not enforce at least the ethics rules of a typical major newspapers columnist upon uis is beyond me!)

The dems diod not insist on holding recount after recount until she was elected. (2008 in fact she won handily over the opponent she also beat years earlier.)

In her first election the lead changed hands in recount process. UNCOUNTED votes in King county were found. There were other issues. For instance a mechanical recount versus hand recounting. And in the final analysis she won.

NO non partisan org. maitains the recount(s) were not valid. She won close. She won fair and square.
Reply to this comment
by strangeworld January 5, 2009 7:11 PM EST
The nation as a whole are rueing the day that they elected the modern republican party into office...from reagan to bush they have been a dismal failure and have severely harmed America. Republican policy does not work...it''s time to call your senator and insist that they stop the same old GOP tactics that have ruined this country. It''s stupid to go on about Franken being a threat to this nation''s politics when we''ve endured 28 years of catastrophe at the hands of the GOP. It''s time for a change.
Reply to this comment
by strangeworld January 5, 2009 6:42 PM EST
Contrary to recent attepts by the remaining republicans to muddy the waters and claim that they are blameless, the GOP, once taking office in 2000 under bush, had their say on just about every policy that they cared to enact - it''s evident now that republican policy was a dismal failure for most Americans. For most of eight years, democrats allowed the president and members of the GOP to make the country a better place, the best that the conservatives could do was to get us mired in an expensive war that was not needed and an economic meltdown. Republican policy has run it''s course...the people of the US have spoken and desire a change. The GOP should accept the fact that their attempts have been fruitless and throw their support behind Obama and the democrats as the voters desire.
Reply to this comment
by omega40 January 5, 2009 6:04 PM EST
Well this is good news. Coleman will soon be off the government dole and able to pursue a plethora of opportunities in the private sector that he and his fellow GOPers helped create. I hope Mr. Coleman isn''t a hypocrite and rejects any holdover benefits such as health care, pension or unemployment benefits in the name of smaller government and to lead by example his desire to do away with entitlements.
Reply to this comment
by strangeworld January 5, 2009 5:57 PM EST
The bigger question here is why, with this country circling the bowl because of an economic meltdown of their creation, are the remaining republicans in government more worried about seating one senator than they are working for the good of this nation. The GOP has turned into the party of obstructionists...they have no interest in the betterment of the nation for all it''s citizens and instead spend their days trying to change policy to the advantage of their wealthy friends, business associates, and campaign contributors. There''s a reason that republicans continue to be voted out, and an example of the behavior that started their slide is evident in the threatening filibuster instead of working for the taxpayer/citizen. With the country on the verge of a depression, lets drop the partisan BS folks - If you live in the district of a republican senator, give their office a call and tell them to start working for the good of the country rather than playing games. It''s about time that republicans start working for all of us.
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