ST. PAUL, Minn., Jan. 5, 2009

Franken Certified Winner Of Minn. Recount

Democrat Takes Slim Victory In Senate Recount But Rival Norm Coleman Vows Legal Challenge

  • 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. Photo

    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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(CBS/AP)  A Minnesota board on Monday certified results showing Democrat Al Franken winning the state's U.S. Senate recount over Republican Norm Coleman, whose lawyer promised a legal challenge that probably will keep the race in limbo for months.

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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Add a Comment See all 191 Comments
by nobdysfool January 5, 2009 4:23 PM PST
Yippppeeee! I''m glad Franken stuck to his guns & won the seat the honest way! Coleman it''s time to recede like a man.
Reply to this comment
by noloyalisti January 5, 2009 4:40 PM PST
Congratulations to Al, he is a wise and intelligent (and funny) man. To anticipate the crying Cons, it should now be clear to Americans that ANY progressive or liberal is better than the best Republi CON.
Reply to this comment
by quickly101 January 5, 2009 4:40 PM PST
The loser is mad. He is not going to take his marbles and go home. He is going to play some more. Sore loser, get over it.
Reply to this comment
by notopennshut January 5, 2009 4:43 PM PST
At least Gore showed class by not dragging it out in 2000, even though he might have had a chance. The integrity of Coleman will be out for all to judge, and being displayed as a sore loser will forever curtail his opportunities of getting into politics in the future. No one likes a sore loser regardless of what he was in the past.
Reply to this comment
by questionnews January 5, 2009 4:44 PM PST
Were there not any other Dem candidates in Minn??
Oh well, now there''s one more reason to view the Senate as a joke since they now have their jester.
Reply to this comment
by notblue January 5, 2009 4:48 PM PST
Noyalisti, not counting the fact that African Americans who never participated before in the election process came out in droves and voted 99% Obama, and the fact that McCain received more votes than the last four president needed to be elected. What was the percentage of victory in the popular vote? 3%, unlike your claim, I would state the country is still pretty EVENLY divided.
Reply to this comment
by junglejimy12 January 5, 2009 4:50 PM PST
Mark Ritchie is a George Soros puppet and so is Franken. What a sad day for politics when this clown can get elected to a major office. Fraud, fraud fraud. You Minnesota people need to wake up and protest this miscarriage of justice. America is on a steep decline and many of you arent even aware of it.
Reply to this comment
by glidescube January 5, 2009 4:52 PM PST
You lost Reps get over it already. Your party has virtually destroyed the nation with your flawed ideology and now you need to reap your bitter harvest.

Improve your image because come 2010 mid-elections your party will be no more powerful than the libertarian party.
Reply to this comment
by debinok1 January 5, 2009 4:54 PM PST
I just wish Oklahoma would pull it''s collective head out and vote Inhofe out of office. He spends 95% of his time in D.C. and has no idea what is going on in his own state. He is still spouting about how stable our economy is.
Reply to this comment
by noloyalisti January 5, 2009 4:54 PM PST
I actually think that Obama won by at least 2 to 3 times as many votes as were counted. It''s just that the Cons couldn''t steal enough to throw the election as they did in 2000 and 2004.

Republi CON logic: it''s OK to do anything as long as no one does anything bad to me. WAAAAAAAAAAAAAA!!!!!!!!!
Reply to this comment
by dburfears January 5, 2009 4:55 PM PST
People in Minnesota do not like sore losers who try to overturn the results. Minnesotans consider their election process the best in the country. The more Coleman tries to overturn the state election results in the courts, the worse Minnesotans will think of him. By the time Coleman is done he will not be able to win "dog catcher" in MN.
Reply to this comment
by blancadebree January 5, 2009 4:55 PM PST
I''m so confused. Didn''t Coleman sue to PREVENT these ballots from being counted in the first place? Now he wants to COUNT these ballots?
Reply to this comment
by holalanemeir January 5, 2009 4:56 PM PST
I can''t wait to watch O''Reilly blow his stack tonight! O Billo might want to remember the MN canvassing board has two REPUBLICAN JUDGES ON IT and they decided for Frankin! Get over it.
Reply to this comment
by misha128-2009 January 5, 2009 4:57 PM PST
Coleman has only has 7 days to initiate a successful case or Franken WINS. Given that many believe his chances are weak as far as getting the required votes one of the best of the bad Coleman alternatives was denied just today by the Minnesota Supreme Court.
Reply to this comment
by travesty2008 January 5, 2009 4:57 PM PST
Stolen election. This ain''t funny Franken, you''re the joke.
Reply to this comment
by DragQueenWhatDragQueen January 5, 2009 4:58 PM PST
LMAO AT THE CROOKLICONS. NOW SAY THANK YOU MR. BUSH!
Reply to this comment
by misha128-2009 January 5, 2009 4:59 PM PST
... This ain''''t funny Franken, you''''re the joke.

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.
Reply to this comment
by noloyalisti January 5, 2009 5:00 PM PST
That''s right Coleman, step down gracefully like you thought Franken should when you though you won. Franken rode the wave of change. Soon there won''t be ANY Republicans in government because they totally blew it.
Reply to this comment
by strangeworld January 5, 2009 5:01 PM PST
He certainly can''t muck up things any worse than the republicans did in the last eight years. The voters have spoken, the GOP policies have proven themselves to be failures, and the country wants change from the republican policy that has resulted in the mess that we now find ourselves in. It''s time for republicans to actually do something for this country instead of just for their wealthy associates. It''s time for a change - if the republicans would have been any good, Coleman would not have lost.
Reply to this comment
by toolmangler-2009 January 5, 2009 5:03 PM PST
Stolen election. This ain''t funny Franken, you''re the joke.
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.
Reply to this comment
by misha128-2009 January 5, 2009 5:05 PM PST
Stolen election.

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.
Reply to this comment
by ausus-2009 January 5, 2009 5:10 PM PST
Minnesota and the US lose their fighter for American agricultural products. Watch for the foreign dumpers to jump for joy.
Reply to this comment
by evian_ycnan January 5, 2009 5:13 PM PST
And the Dumps are CHEERING the election of Al Frunken? You have to be real pathetic to call this a "victory".

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.
Reply to this comment
by travesty2008 January 5, 2009 5:15 PM PST
misha128 . . How does one respond to someone with it''s head in the sand? I don''t .. BTW I''m a Dem, but I''m losing faith in the election process.



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.
Reply to this comment
by rehabdoc389 January 5, 2009 5:24 PM PST
Franken? A third-rate comedian in a Senate that has become a joke. Figures.
Reply to this comment
by tawpdawg111 January 5, 2009 5:25 PM PST
Congratulations Senator Franken.

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!
Reply to this comment
by tawpdawg111 January 5, 2009 5:27 PM PST
Under Clinton....8 years forward.

Under Bush....233 years back.
Reply to this comment
by erniepf January 5, 2009 5:30 PM PST
G''nite, Norm. G''nite, Dubbers.
Reply to this comment
by stupidcontar January 5, 2009 5:31 PM PST
LOL @ poor stupid contards. Everything was ok including treason, lying, torture, bribery, and what have you, when it was their traitorous hero the drunken cheerleader and his confederates doing it, now look at them cry about EVERYTHING.

All I can do is LOL at these pathetic excuses for Americans.
Reply to this comment
by rmblroy January 5, 2009 5:39 PM PST
Republicans complaining about election irregularities, now there''s a good joke. Norm Coleman was bleating about saving taxpayer expense now he wants to sue when he doesn''t get his way, Waa Waa Waa. What a slimy dork.

With all the pathetic jokesters in Washington, Franken will be a definite upgrade.
Reply to this comment
by ausus-2009 January 5, 2009 5:43 PM PST
Nobody has commented on what Franken will do for Minnesota''s farmers. It appears he will be nothing but a party hack with a leftist agenda.

As to disputed results, nobody has mentioned Washington State or even Daley''s manipulating of the 1960 Presidential election for Kennedy.
Reply to this comment
by tawpdawg111 January 5, 2009 5:47 PM PST
Is it too much to ask that our representation be decided by voters rather than courts?

The courts track record is abysmal.
Reply to this comment
by credibility2 January 5, 2009 5:51 PM PST
Let the folks in MN wait a year or less to realize their folly and blunder. Remember Jesse Ventura and the disappointment that followed once the MN folks realized what a joke he turned out to be? It will be the same with the clogged adenoid boy Franken. I don''t think Al has the smarts to realize that politics isn''t an SNL skit. This is one Dem I would''ve never voted for.
Reply to this comment
by McHineguy January 5, 2009 6:02 PM PST
Al Franken has more political genius than all the senate and congress put together.


--------------------------------------------------------------------------------

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.
Reply to this comment
by goldenglo-2009 January 5, 2009 6:08 PM PST
If any of you making negative comments about SENATOR Al Franken had bothered to read any of his books or listened to his radio show on Air America, you would know he is a knowledgeable man with some good ideas. As for the person who commented on Jesse Ventura, he was a fluke and hopefully he will never try to enter Minnesota politics again.
Reply to this comment
by excoachken January 5, 2009 6:10 PM PST
As Franken himself would say, shadenfreuden is soooo sweet.
Reply to this comment
by cariboubarbi January 5, 2009 6:15 PM PST



If Republicans could govern competently and honestly, they would still be in power.

Instead their eating sour grapes.



Reply to this comment
by blitzder January 5, 2009 6:16 PM PST
The tidal wave of blue sweeping the nation also took Minnesota with it. So now Republican LOSERS want the courts to intervene. No way, you repubs had your day in the sun for 8 years, and you blew it.. errr.. blue it. Minnesota goes blue and Franken wins.
Reply to this comment
by ajmarine111 January 5, 2009 6:19 PM PST
Independants are just republicans the RNC would back for election.

Posted by demswin08 at 06:04 PM : Jan 05, 2009




Is that what Joe Lieberman is?
Reply to this comment
by smirk22-2009 January 5, 2009 6:24 PM PST
Now that the mandatory recount is finished and the votes have been examined, Al Franken has won. Will Norm Coleman walk the walk he talked and "step back" for the "healing process"? Will this be his "judgment"? He did say this is what he "would do".


"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

Reply to this comment
by goldenglo-2009 January 5, 2009 6:27 PM PST
Excellent point, Smirk22! That''s exactly what I was wondering about! Let''s see if he is a "man of his words."
Reply to this comment
by ausus-2009 January 5, 2009 6:29 PM PST
It is ridiculous to state that Minnesota is traditionally a red state and that somehow disaffection with the Republicans has turned it into a blue state. This was the state that gave us Eugene McCarthy, Hubert Humphrey and Walter Mondale, three prominent Democratic senators.

Somebody needs to study their history.
Reply to this comment
by ddaymichael January 5, 2009 6:47 PM PST
As to disputed results, nobody has mentioned Washington State or even Daley''''''''s manipulating of the 1960 Presidential election for Kennedy.
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.
Reply to this comment
by liselle3 January 5, 2009 6:54 PM PST
Aww poor Norm Coleman... Even though a re-count is automatic with that small of a margin, he stated Franken could waive it to save the taxpayers money.
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.
Reply to this comment
by ausus-2009 January 5, 2009 6:54 PM PST
ddaymichael,

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.
Reply to this comment
by ausus-2009 January 5, 2009 7:00 PM PST
rightbehind,

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?
Reply to this comment
by ausus-2009 January 5, 2009 7:09 PM PST
earache4,

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.
Reply to this comment
by usclimey January 5, 2009 7:12 PM PST
machineguy does bring up an interesting point. What is the plural for dufus?
Posted by earache4 at 06:09 PM : Jan 05, 2009

That would be dufi.
Reply to this comment
by usclimey January 5, 2009 7:16 PM PST
What sort of behaviour would you expect from a republican? The term bowing out gracefully is not in their vocabulary.
Reply to this comment
by opedanderson January 5, 2009 7:16 PM PST
I disagree on just about every position Al Franken has, including his sense of humor which I never understood.....

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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