Franken Certified Winner Of Minn. Recount
Democrat Takes Slim Victory In Senate Recount But Rival Norm Coleman Vows Legal Challenge
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Democratic Senate candidate Al Franken addresses supporters Democratic election night party while his race with Sen. Norm Coleman was too close to call Nov. 4, 2008 in St. Paul, Minn. (AP Photo/Jim Mone)
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The Canvassing Board's declaration started a seven-day clock for Coleman, the incumbent, to file a lawsuit protesting the result. His attorney Tony Trimble said the challenge will be filed within 24 hours. The challenge will keep Franken from getting the election certificate he needs to take the seat in Washington.
"This process isn't at an end," Trimble said. "It is now just at the beginning."
“Whether it is Florida or Minnesota, whether it is 2000 or 2009, it’s very hard to get the courts to overturn the certified results of the election, especially two months after the election when so many people have worked so hard to try to get accurate figures," said CBS News legal analyst Andrew Cohen. "So I think Coleman’s chances aren’t very good and won’t get much better the further up the appellate ladder he tries to go.”
Franken, a former "Saturday Night Live" personality, ended the recount up by 225 votes, an astonishingly thin margin in a race where more than 2.9 million votes were cast.
"After 62 days of careful and painstaking hand-inspection of nearly 3 million ballots, after hours and hours of hard work by election officials and volunteers around the state, I am proud to stand before you as the next senator from Minnesota," Franken said Monday in brief remarks to reporters outside his downtown condominium.
Coleman's campaign said he would make an appearance Tuesday in Minnesota. He was in Washington on Monday.
The recount reversed the unofficial Election Day results, which showed Coleman with a 215-vote lead.
Franken made up the deficit over seven tortuous weeks of ballot-sifting in part by prevailing on challenges that both campaigns brought to thousands of ballots. He also did better than Coleman when election officials opened and counted more than 900 absentee ballots that had erroneously been disqualified on Election Day.
Coleman's lawyers have argued that some ballots were mishandled and others were wrongly excluded from the recount, giving Franken an unfair advantage. After a Minnesota Supreme Court decision went against Coleman earlier Monday he had sought to add hundreds more rejected absentees from Republican-leaning areas lead attorney Fritz Knaak said a lawsuit was inevitable.
Secretary of State Mark Ritchie was careful to note Monday that the board was simply signing off on the numbers found by the recount: Franken, with 1,212,431 votes, and Coleman, with 1,212,206 votes.
"We're not doing anything today that declares winners or losers or anything to that effect," Ritchie said.
All five members of the canvassing board Ritchie, plus two state Supreme Court justices and two Ramsey County judges voted to accept the recount results.
A lawsuit would extend the fight over the seat for months. Any court case would open doors closed to the campaigns during the administrative recount. They would be able to access voter rolls, inspect machines and get testimony from election workers.
The case would fall to a three-judge panel picked by Chief Justice Eric Magnuson of the Supreme Court. Magnuson served on the Canvassing Board, but declined to say Monday if he would remove himself from the selection process as a result. Magnuson was an appointee of Republican Gov. Tim Pawlenty.
The campaigns continued the political maneuvering that has marked the nearly two months of the recount.
Marc Elias, Franken's lead recount attorney, referred to his client as "Senator-elect Franken."
"Former Senator Coleman has to make a decision," Elias said. "And it is a profound decision, one that he has to look into his heart to make: Whether or not he wants to be the roadblock to the state moving forward and play the role of a spoiler or sore loser or whether he wants to accept what was a very close election."
"The race in Minnesota is over," said Senate Majority Leader Harry Reid, D-Nev. He called the Republican efforts to continue challenging Franken's election "only a little finger pointing."
Trimble, meanwhile, said that irregularities in the recount mean there "can be no confidence" in the results. And he said Coleman didn't want any delay in filing a challenge.
Minnesota law doesn't allow the issuance of a final election certificate until legal challenges are settled, meaning the state will be represented only by Sen. Amy Klobuchar, a Democrat, when Congress convenes on Tuesday. Coleman's term expired Saturday.
© MMVIII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.




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See all 191 CommentsOh well, now there''s one more reason to view the Senate as a joke since they now have their jester.
Improve your image because come 2010 mid-elections your party will be no more powerful than the libertarian party.
Republi CON logic: it''s OK to do anything as long as no one does anything bad to me. WAAAAAAAAAAAAAA!!!!!!!!!
Posted by travesty2008 at 04:57 PM : Jan 05, 2009
In a state where a Pro Wrestler was elected Governor electing a comic to the Senate proves the American Dream is alive and well in Minnesota.
Posted by travesty2008 at 04:57 PM : Jan 05, 2009
No matter who ends up on top both of these guys are losers, I said the same thing about Bush and Gore and was right that time also.
Posted by travesty2008 at 04:57 PM : Jan 05, 2009
Most if not all of the of the vote counting was on webcam for the public. the vast majority of the votes on ballots were very one sided and Republicans were on the canvassing board. There was more transparency in this recount than any other I have seen. WE should all recognize Minnesota as for the accomplishment in the transparency of their recount process.
Posted by DaVicar3 at 05:06 PM : Jan 05, 2009
Eyup, y`all may be right about us dee-mo-crats calling it "victory", but you and the rest of yourn Republiscum brethern sho` as Hell can call it an "asswhooping"!
Sheet! Can`t beat a clown? Don`t deserve to breathe.
No matter who ends up on top both of these guys are losers, I said the same thing about Bush and Gore and was right that time also.
Posted by ToolMangler at 05:03 PM : Jan 05, 2009
You''re so right. What this country needs is a good revolution and return control to it''s people and not lawyers and celebrities. Sorry Al, I know you are barely a "celebrity", or a representative of the people.
I know you will work around the clock to undo the NIGHTMARE created by eight long years of Bush and GOP control.
Best of luck!
Under Bush....233 years back.
All I can do is LOL at these pathetic excuses for Americans.
With all the pathetic jokesters in Washington, Franken will be a definite upgrade.
As to disputed results, nobody has mentioned Washington State or even Daley''s manipulating of the 1960 Presidential election for Kennedy.
The courts track record is abysmal.
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Posted by demswin08 at 05:55 PM : Jan 05, 2009
In my opinion, that does nto take much to do. The current congress has the lowest aproval rating ever. Watch as Obama avoids letting them have a real say in his plans. Pelosi, reid, the whole lot are Dufus.
If Republicans could govern competently and honestly, they would still be in power.
Instead their eating sour grapes.
Posted by demswin08 at 06:04 PM : Jan 05, 2009
Is that what Joe Lieberman is?
"If you ask me what I would do, I would step back. I just think the need for the healing process is so important. The possibility of any change of this magnitude in the voting system we have is so remote, but that would be my judgment."
Norm Coleman Nov. 5, 2008
http://www.youtube.com/watch?v=ZppOhCSRyFw
Somebody needs to study their history.
Posted by ausus
Well...the Republicans certainly got even with JFK for that one.
After becoming president, Nixon was asked where he was when Kennedy was killed. He said he couldn''t recall.
He couldn''t recall where he was on that day?
The reporter who asked the question asked if he would be surprised to learn that he had copies of airline tickets and hotel receiots that placed him in Dallas that day.
BUT IT JUST SLIPPED HIS MIND?
The treasonous SOB knew it was going down and just had to see it for himself.
Well now look who''s filing lawsuits... he doesn''t seem to mind now does he? Norm Coleman is and always has been a slimy politician.
I will add that to my list of ridiculous conspiracy theories along with George HW Bush pulling the trigger, LBJ engineering the whole thing, etc. I don''t think Nixon belonged to the NRA.
Pardon? The Democrats have had a majority for two years and are set to have an overwhelming majority. How can low approval ratings of a body dominated by Democrats lead to the removal of Republicans?
Obviously you are antisemitic, immature (discussing the physical characteristics of people)and a closed-minded bigot. Other than that you might be a nice person.
Posted by earache4 at 06:09 PM : Jan 05, 2009
That would be dufi.
But he has my utmost respect and admiration for being a pundit willing to put his money where his mouth is and run for office. I wish more of the blowhards, from both sides of the aisle, like Olbermann, Matthews, Limbaugh, Oreilly etc. would learn from Franken and run for office. If they dare!
My prediction is that if Franken ever returns to punditry after his career in the Senate, he will be a more balanced, less biased media person after seeing just how hard it is to run things from the inside......
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See all 191 Comments