ST. PAUL, Minn., Dec. 20, 2008

Franken Now Leads In Minn. Senate Recount

Court To Hear Coleman Petition On Duplicate Ballots; 1,600 Absentees Still An Issue

  • The race for Minnesota Senate continues to go down to the wire, as Al Franken (left) takes a slim lead in the recount against Republican incumbent Norm Coleman.

    The race for Minnesota Senate continues to go down to the wire, as Al Franken (left) takes a slim lead in the recount against Republican incumbent Norm Coleman.  (CBS/AP)

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(AP)  Things are suddenly looking up for Al Franken - for now, at least.

For the first time since the votes were counted on Election Night, and through more than six weeks of a slogging recount, the Minnesota Democrat on Friday forged ahead of Republican Sen. Norm Coleman in their epic Senate battle.

The question now: Whether that lead will hold, with so many potential shifts still remaining before the new Congress convenes Jan. 6.

Franken led Coleman by 262 votes as the state Canvassing Board wrapped up four days of work resolving hundreds of disputed ballots.

"At the end of the day, we're leading because more people cast lawful ballots for Al Franken than cast them for Norm Coleman," said Franken's attorney, Marc Elias. "And there's no amount of strategy that can change that."

But major issues remain in the race, including some 5,000 withdrawn challenges that won't be allocated to the candidates until next week. Coleman's attorney, Tony Trimble, said those could throw the lead back to the Republican.

"We'll let them enjoy the weekend," Trimble said. When votes from those challenges are restored, he said, "You'll see our ship come in."

There's reason for him to be optimistic. Franken withdrew more challenges before this week, leaving a larger pool of potential votes for Coleman in the next stage. There are 400 to 500 more ballots where Coleman could find votes compared with the batch available to Franken.

The big unknown is how many of the withdrawals were an attempt by each campaign to stifle an opponent's vote - rather than an attempt to get one for themselves off an unclear ballot. Among those the board considered, Franken had far more challenges where he secured an extra vote for himself than Coleman.

In addition, the state Supreme Court has ordered the counting of an estimated 1,600 incorrectly rejected absentee ballots - which won't be known until Dec. 31, and brings the potential for another messy, time-consuming process.

Then there's the latest legal challenge from Coleman's campaign - a request to the state Supreme Court Friday to take steps to keep duplicate ballots out of the count. At the end of the day Friday, the high court scheduled oral arguments on that matter for next Tuesday afternoon, the day before Christmas Eve.

Before the five-member canvassing board began reviewing challenges Friday, it rejected a request from the Coleman campaign to disqualify hundreds of those ballots, which the campaign argued had been counted twice.

G. Barry Anderson, a Supreme Court justice serving on the board, said the issue was not the board's to decide.

"While I think there is a serious issue here, the location, extent and remedy lie elsewhere," Anderson said.

Aside from urging the state Supreme Court to block the possibly double-counted ballots, the Coleman campaign also asked justices to order that the issue of duplicate ballots be handled in each county as part of the process to identify erroneously rejected absentees.

Trimble said the campaign has estimated Franken could see a net gain of 50 from the duplicate ballots. "For them, in a close race, that's like gold," Trimble said.

Elias said the Coleman campaign has over-emphasized the duplicate issue and said the petition showed it was worried about falling behind.

By Associated Press Writer Brian Bakst; AP Writer Patrick Condon contributed to this report.
© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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by mytoosense December 22, 2008 2:36 PM EST
I doubt very much if this second-rate comedian will gain an international reputation as a fighter for American agriculture.
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Posted by ausus

Sorry ausus, most of us are not farmers so we don''t care about his international reputation as a sod buster.

Tell us how concerned you are about the state of the American Auto Industry? Not so much? understandable.
Reply to this comment
by mytoosense December 22, 2008 2:27 PM EST
The Dems and Obama are a joke so why not put Franklin in. It fits with the direction our country is going

Posted by jedi23231 at 03:14 AM

Look at what this moron posts. Here he is, a guy who has supported George Bush. George Bush can''''t even compose a complete sentence in the English language, even though he was born here.
But nooooo, he''''s a serious guy, not a joke of a moron.

Delusional.
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Posted by johndevinejr

True Republicans Love George Bush!!!

They want all their Presidents to be too stupid to get in their way as they fleece America.
Reply to this comment
by mytoosense December 22, 2008 2:21 PM EST
Those of you who support sin, such as Franken does, will pay the ultimate penatly.
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Posted by renojmc

renojmc, blow it out your glory hole.
Reply to this comment
by bks59 December 22, 2008 1:23 PM EST
Vincan: "We need honest, decent, caring people like Franken".........I don''''t know that I''''ve ever seen a more stupid statement!!! What has this man ever done in his life to cause you to beleive that??


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Posted by whosaid1 at 10:15 AM : Dec 21, 2008
+ report abuse



I have met and talked to Franken, he is articulate on the issues, he was born and raised in St. Louis Park, a Minneapolis-burb, he is married to his HS sweet heart for more than 30 years. He is sincere and honest and desires to put thepeople of Minnesoata first.
Reply to this comment
by aldon61 December 22, 2008 1:21 PM EST
In a perfect world, our senators and congressmen would vote as their electorates want. Unfortunately, partisan politics brings all of us to the reality that we MUST have a veto proof senate to insure that our government moves ahead, rather than bog down, as it''s done so many times under Bush. People would think that now that democrats have 58 reliable votes (counting the 2 independents), we wouldn''t need Franken''s vote. Senators like Snow and Stowe, if they voted as their people want, would vote primarily with the Democrats, especially on green issues and human rights issues. Unfortunately, we don''t have that, so go Al, go!
Reply to this comment
by ioweign December 22, 2008 11:36 AM EST
What we had in Minnesota was Senator Norm Coleman, internationally regarded as a fighter for American agriculture. He was opposed by a second-rate comedian. If he wins, I doubt very much if this second-rate comedian will gain an international reputation as a fighter for American agriculture.

Posted by ausus at 07:24 PM : Dec 21, 2008

Norm Coleman and agriculture - right!

Maybe rubber trees for his rubber stamps...
Reply to this comment
by ausus-2009 December 21, 2008 10:24 PM EST
What we had in Minnesota was Senator Norm Coleman, internationally regarded as a fighter for American agriculture. He was opposed by a second-rate comedian. If he wins, I doubt very much if this second-rate comedian will gain an international reputation as a fighter for American agriculture.
Reply to this comment
by zykracosmos December 21, 2008 9:49 PM EST
Bye Norm.
Now we only need one Repub. Senator to flip, and that silences the filibuster.
Reply to this comment
by niceface19 December 21, 2008 4:56 PM EST
Why isn''''t the media reporting that Norm Coleman is under investigation by the FBI for illegal campaign contributions?

Posted by WingnutsBlow at 01:19 PM : Dec 21, 2008

Because the media corrupted just like every body else.
Reply to this comment
by wingnutsblow December 21, 2008 4:19 PM EST
Why isn''t the media reporting that Norm Coleman is under investigation by the FBI for illegal campaign contributions?
Reply to this comment
by whosaid1 December 21, 2008 1:15 PM EST
Vincan: "We need honest, decent, caring people like Franken".........I don''t know that I''ve ever seen a more stupid statement!!! What has this man ever done in his life to cause you to beleive that??
Reply to this comment
by element51 December 21, 2008 1:13 PM EST
It seems that some of you on here believe that just because Franken is an actor/writer that he lacks the intelligence to be a Senator. This guy is smart and has a quality educational background. There is no reason that he can not be an effective Senator. In the unlikely event that he does prove himself to be unable to live up to the job he will be shuffled off to a corner and will not be elected again. Coleman has already proven himself to be somewhat suspect so why not give the new guy a shot? Just because a guy goes on stage and tells jokes does not mean that he does not have a serious side. I think Franken can do the job. And have you ever tried to write a book? Not as easy as it sounds.
Reply to this comment
by quartersaw December 21, 2008 11:51 AM EST
I''m sure that you are basking in the glory of the great job republican criminals did in bankrupting the country for their own gain.
............................................................................................................


The Dems and Obama are a joke so why not put Franklin in. It fits with the direction our country is going

Posted by jedi23231 at 03:14 AM
Reply to this comment
by hetup-2009 December 21, 2008 10:38 AM EST
Heh, we don''t need names here. I don''t know who they are. I just want to know the Republican is losing. Keep it simple. yeesh
Reply to this comment
by centerfall94 December 21, 2008 10:10 AM EST
If Al Franken wins ...I will know voting is a joke.
It''''s all in who you know and who you blow


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Posted by jodyrae4 at 05:55 AM : Dec 21, 2008

If Al Franken wins it is because he won the majority of the vote.

Regarding who you blow, I''m sure you know all about that Ms Jody. But you should probably keep it to yourself.
Reply to this comment
by babooph December 21, 2008 9:52 AM EST
A comic in congress?Leno is the only newsguy I trust,so why not ?
Reply to this comment
by babooph December 21, 2008 9:50 AM EST
Seems there was some "fixing" going on in the original vote count.
Reply to this comment
by jodyrae4 December 21, 2008 8:55 AM EST
If Al Franken wins ...I will know voting is a joke.
It''s all in who you know and who you blow
Reply to this comment
by tmonta1 December 21, 2008 6:59 AM EST
Lady 54,

We''ve already put two actors in office: one in the White House, the other as Governor of California (and foreign-born at that). Just wondering whether that posed a problem for you as well.
Reply to this comment
by lady54-2009 December 21, 2008 5:28 AM EST
Now we''re about to put a stand up comedian in office.

When will we learn?
Reply to this comment
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