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.

    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)

  • State Fast Facts Minnesota

    Learn about the people, economy and geography.

(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.
Add a Comment See all 189 Comments
by mizzerz January 6, 2009 1:37 PM EST
Yeah but Moses could do it all....What a utility infielder....I just don''''t know what the Angels will do without him....and in his day, Moses was quite a power hitter. I remember one time he caught a rock right in the sweat spot. He hit it so hard he knocked the water right out of it.


Posted by earache4

Moses has game. he would come up to the plate with people on base and wave his bat and tell the pitcher "let my people go" he was a great cleanup hitter.

Reply to this comment
by mizzerz January 6, 2009 1:25 PM EST
Don''''t sell yourself short! Your stuff is funny!

Posted by earache4

Thanks.
Reply to this comment
by antoniof123 January 6, 2009 1:24 PM EST
This is too funny so much anger for nothing. He won by the most votes and that is who MN wants not who you who don''t live there want.

So if you don''t like it too bad it is not your choice.

Good luck to you Mr. Franken, I still think you were funny on SNL though.
Reply to this comment
by mizzerz January 6, 2009 1:18 PM EST
She will never appeal to anyone more than a segment of what is quickly becoming a southern regional party. In the previous election even her mother in law and friends cast doubts on whether they would vote for her.

Posted by omega40

I agree. It was a bit of my witless sarcastic repartee. Sorry
Reply to this comment
by omega40 January 6, 2009 1:11 PM EST
Palin was brought up too soon, so another couple of years in the minors will season her. Hagee was dumped because of a salary cap issue

Posted by mizzerz

She will never appeal to anyone more than a segment of what is quickly becoming a southern regional party. In the previous election even her mother in law and friends cast doubts on whether they would vote for her.
Reply to this comment
by mizzerz January 6, 2009 1:09 PM EST
You voted for a moron....great job!

Posted by CarlyLaine

A cu m laude graduate of Harvard a moron? I guess when you call out rush hannity and Oreiley on their lies the rushbots will never forgive him. Good job Al
Reply to this comment
by MIpapaof4 January 6, 2009 1:07 PM EST
My pet rock is smarter than this guy. At least my pet rock shows me when it''s raining. This guy has not a clue and what a waste of space.
Reply to this comment
by mizzerz January 6, 2009 1:04 PM EST
Yeah, but Hagee''''s arm is shot and Palin can''''t win the big one....

Posted by earache4

Palin was brought up too soon, so another couple of years in the minors will season her. Hagee was dumped because of a salary cap issue
Reply to this comment
by carlylaine January 6, 2009 1:03 PM EST
Oh Franken.....You Minnesota guys are going to be in serious trouble and, personally, I''m glad you will. You voted for a moron....great job!
Reply to this comment
by mizzerz January 6, 2009 12:56 PM EST
I still can''''t believe the Christians traded him for Huckabee....

Posted by earache4

They got palin and hagee as throwins though
Reply to this comment
by mizzerz January 6, 2009 12:54 PM EST
That''''s not a choice! Self interest is written into the Republican platform: in order to maintain his party status he has to drag this out as long as he possibly can and you know he will too!

Posted by hatesthecolt


I am afraid he will stretch it out too. But I was hoping he would do like john Ashcroft did in 2000, when he gave up his challenge for the best interest of Missouri

Reply to this comment
by mizzerz January 6, 2009 12:46 PM EST
( Poor Moses, he''''s goin'''' to he11 with all the liberals......
Posted by earache4

didn''''t moses play power forward for philadelphia
Posted by mizzerz at 09:30 AM

Yes he did, He also made the probowl for denver back in the 70''''s...

Posted by earache4

he was also a all star center fielder for the SF giants
Reply to this comment
by hatesthecolt January 6, 2009 12:45 PM EST
Norm You have a choice: Whether you will choose what is good for your state, Minnesota having 2 senators during the time of the stimulus or selfish to put his aspirations above the state. Norm lets see what kind of politician you are.

Posted by mizzerz

That''s not a choice! Self interest is written into the Republican platform: in order to maintain his party status he has to drag this out as long as he possibly can and you know he will too!
Reply to this comment
by mizzerz January 6, 2009 12:44 PM EST
Just what we need, another clown in the congress of clowns.............

Posted by coppertales

The Congress of clowns was the 107th, the 108th and 109th congresses. YOu know the ones that gave a blank check to Bush
Reply to this comment
by bobbyduck1 January 6, 2009 12:37 PM EST
Another gift to America from the Bush era - if you can''t win honestly, try to find any court that give you the job anyhow.

Can not wait until the shrub nas been removed permanently and an actual professional takes over...!
Reply to this comment
by coppertales January 6, 2009 12:32 PM EST
Just what we need, another clown in the congress of clowns.............
Reply to this comment
by mizzerz January 6, 2009 12:30 PM EST
:( Poor Moses, he''''s goin'''' to he11 with all the liberals......

Posted by earache4

didn''t moses play power forward for philadelphia
Reply to this comment
by mizzerz January 6, 2009 12:26 PM EST
Norm You have a choice: Whether you will choose what is good for your state, Minnesota having 2 senators during the time of the stimulus or selfish to put his aspirations above the state. Norm lets see what kind of politician you are.
Reply to this comment
by omnibus66 January 6, 2009 12:02 PM EST
Coleman has nothing to worry about. When it gets to the Supreme Court, they will declare him the winner, even if they have to add some ballots from Florida.
Reply to this comment
by excoachken January 6, 2009 11:49 AM EST
Poor Republicans. I FEEl your PAIN. And, it feels sooooo god. SHADENFREUDEN ! ! ! !
Reply to this comment
See all 189 Comments

Exclusive Webshow

Best-selling author Mitch Albom on his first nonfiction work since "Tuesdays with Morrie." Watch Now

Latest News
News in Pictures
Scroll Left Scroll Right
  • Day in Pictures Day in Pictures

    A Glimpse at the Day's News as Seen Through a Camera Lens

  • Fort Hood's Fallen Heroes Fort Hood's Fallen Heroes

    A Look at Those Who Lost Their Lives in the Fort Hood Massacre

  • Veterans Day 2009 Veterans Day 2009

    Respects are Paid to Soldiers Around the Country and Abroad

  • BMI Country Awards BMI Country Awards

    Country's Finest Walk the Red Carpet for the 57th BMI Country Music Awards

  • Day in Pictures Day in Pictures

    A Glimpse at the Day's News as Seen Through a Camera Lens

  • Celebrity Circuit Celebrity Circuit

    James Woods in Court, Michelle Obama on "Sesame Street"; Plus, Premieres for "The Road" and "A Single Man"

Connect with CBS News

Stay connected with the CBS News using your favorite social networks and online news applications: