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December 1, 2008

Franken May Ask Senate to Intervene in Minn. Recount

@ 3:04 pm by Michael O'Brien

Democrat Al Franken's campaign said Monday that as many as 1,000 absentee ballots were improperly disqualified in Minnesota's Senate race, and that it may appeal to courts or the U.S. Senate to order that those ballots be counted.

"Wherever the numbers stand today…that number simply cannot be relevant if it does not include all the votes that were legally cast," said Franken attorney Marc Elias. "No recount can be considered accurate or complete until all the ballots cast by lawful voters are counted."

Minnesota's Board of Canvassers ruled last Wednesday that it would not revisit the improperly disqualified ballots.

Elias said that of the 12,000 disqualified absentee ballots in the race, "as many as 1,000″ ballots were improperly excluded, and should be counted. Elias said it would appeal to the Board of Canvassers, courts, or even the U.S. Senate to ensure those ballots be counted.

The U.S. Constitution allows each congressional chamber to be the "Judge of the Elections, Returns and Qualifications of its own Members." Senate Majority Leader Harry Reid (D-Nev.) called the Board of Canvassers' decision to not count the absentee ballots "a cause for great concern," fueling speculation that the Senate would explore the legality of the Minnesota recount's results.

"If ultimately there is no remedy before the canvassing board or before the courts, then that is certainly an option," Elias said of appealing to the Senate.

“The Franken campaign has made it clear that the recounted votes and will of Minnesotans matter little to them, and that they intend to take their campaign to change the outcome of this election on to the United States Senate,” said Coleman campaign spokesman Mark Drake. “Al Franken should personally reject this strategy outright, and honor the right of Minnesotans to choose who their senator should be — and not allow lawsuits and the strong-arm tactics of the majority leader of the United States Senate to intervene in this process."

According to the Minneapolis Star-Tribune's recount tally, Sen. Norm Coleman (R) leads Franken by 282 votes with 86 percent of the recount complete. 5,623 ballots have been challenged in total, with the Franken campaign having challenged 67 more votes than Coleman's campaign. The Franken campaign said it would announce withdrawn challenges later this week.

The Franken campaign maintained that Coleman only led by 73 votes, citing their tally that includes determinations of challenged ballots by neutral observers; those determinations are not final pending certification by the Board of Canvassers.

[Updated 8:15 p.m. to include Coleman campaign's comment]

39 Comments »

The Hill welcomes comment from anyone and will almost always post it whether it is favorable or critical, as long as it is substantive and advances debate.
  1. All the votes should be counted. The canvassing board needs to do their jobs and ensure that each American vote counts. Count Count Count the votes!!!!!!

    Comment by Bayo — December 1, 2008 @ 7:59 pm

  2. How many tarnished ballots does he still want to re-count?

    The podgy un funny comedian, is not qualified,
    so I guess he will win. )-:

    Comment by Steve — December 1, 2008 @ 8:10 pm

  3. Shouldn't that be "allegedly improperly disqualified ballots" in your 3d paragraph?

    Comment by John Powell — December 1, 2008 @ 8:11 pm

  4. Al Franken(stein) is a world class moron.

    Comment by Smilinjack — December 1, 2008 @ 8:12 pm

  5. The will of the people doesn't support me, the courts will not twist the law so I can win. Maybe the senate will impose my will on the state. Force me into victory. That's it! The way Democrats are sure to win!!! Muhaaa haaa aaa!

    Comment by Scott K — December 1, 2008 @ 8:13 pm

  6. I have no problem with them revisiting the absentee ballots as long as they guarantee all the other votes were legally cast as well.

    Me thinks too much hanky-panky happened this year and we the voters ultimately got the shaft in the form of a diluted vote.

    You may be comfortable with the outcome; but are you comfortable with the methods that attained those results. Voters in Michigan and Florida should be very upset in their primary votes were initially ignored.

    It also seems unethical that a biased Senate would even think of settling any dispute; but then my ethics follow the high road not the low road.

    Comment by Sane American — December 1, 2008 @ 8:13 pm

  7. I guess Al Franken thinks the people of Minnosota must all be stupid and can't count or see worth a darn. No respect for the system that voters put in place.

    Comment by Les Smith — December 1, 2008 @ 8:14 pm

  8. John Powell makes a good point. The third paragraph needs a revision. Editors?

    Comment by Matt Braynard — December 1, 2008 @ 8:15 pm

  9. Not God Bless America, God Damn America because of this idiocy, and the lawyers, and the rule-by-fiat judges, and the do-nothing congress, and, and, and, and………….

    Comment by Karl — December 1, 2008 @ 8:16 pm

  10. Don't like the results…recount. Still don't like the results…recount. What a joke!

    Comment by Leo — December 1, 2008 @ 8:16 pm

  11. They make a mistake calling these ballots "improperly disqualified". They were rightfully disqualified because the absenteee voters did not follow the rules for absentee voting. There is no there, there.

    Comment by egon — December 1, 2008 @ 8:16 pm

  12. "Minnesota's Board of Canvassers ruled last Wednesday that it would not revisit the improperly disqualified ballots."

    improperly disqualified ballots…that's quite an assumption to make, do you have a cyrstal ball or should we just call you Nostradamus!

    Comment by DaveB — December 1, 2008 @ 8:17 pm

  13. WHAT A WORM!

    Comment by sam — December 1, 2008 @ 8:17 pm

  14. "the improperly disqualified ballots" (paragraph three).

    Don't get ahead of yourself, "HILL STAFF".

    Whoever wrote this needs to be fired. The inclusion of this statement is a serious and glaring error.

    Comment by randy — December 1, 2008 @ 8:18 pm

  15. And just what constitutional provision gives the US Senate the power to do anything in Mr. Franken's election squabble>

    Comment by just watching — December 1, 2008 @ 8:18 pm

  16. The absentee ballots he wants counted are not being counted for a reason. BECAUSE THEY ARE NOT VOTES FOR HIS DUMB STUART SMALLEY ASS

    Comment by John — December 1, 2008 @ 8:18 pm

  17. Franken is just another whining loser who thinks he is entitled despite the people of Minnesota rejecting him. Typical Democrat trying to steal the election.

    Comment by Pat — December 1, 2008 @ 8:19 pm

  18. Oh, I get it. Since ACORN couldn't register enough nuts to screw over the people of Minnesota, or they were too dumb to figure out how to "pencil in" a ballot, or they couldn't read to tell the difference in the spelling of the names, or they goofed up and didn't ask for another new one (which would automatically disqualify it), we are led to believe that it is unfair and we need to figure out "the voter's intent", and if that fails to get us enough votes, then we will go to the CONGRESS (of all places), and whine and cry about it. Yeah, go to the cronies who thus far have turned a blind eye to all of the illegal ACORN registration, who don't care who they trample on to get and keep the power they thirst for. Yep, that's the place to go– to those who would give anything and sell their very soul to maintain their control and power. Yep, I got this all figured out!! ALL the legal (and illegal) votes HAVE BEEN counted…now, go crawl back in your hole, AL, where you came from and quit whining like a little 3 year old who thinks they get to keep all the toys!

    Comment by lynnd — December 1, 2008 @ 8:19 pm

  19. Hey!! Why not just ask the Democrat-ruled Senate to judge *all* the elections of its members? I'm sure *that* would be done fairly…

    They'd end up with a 100-vote filibuster-proof majority.

    Comment by Joseph — December 1, 2008 @ 8:20 pm

  20. MN should have a runoff like GA to solve the issue.
    Nontheless, Al Franken is a fat stupid idiot along with those whom voted for him. Writing partisan crap doesn't qualify one to become a Senator….unless you're in the DNC.

    Comment by Mr. Rowdy — December 1, 2008 @ 8:22 pm

  21. Al Frakin will stop at nothing to steal this election. He even inserted a campaign worker into the recounting efforts. One ray of hope in the senate, the current senate would rule on the canvassers not the incoming. The Republicans and honest Democrats would not allow that to happen. Next year, who knows, but this year, no.

    Comment by J Dothan — December 1, 2008 @ 8:22 pm

  22. Earth to Al Frankenberry. If Coleman is ahead by 73 votes according to your tally, then Colemnan won the race. Idiot!

    Comment by Torrey Baird — December 1, 2008 @ 8:23 pm

  23. HE'S STEWART SMALLY AND GOSH DARN IT PEOPLE DON'T LIKE HIM

    Comment by STEWART — December 1, 2008 @ 8:24 pm

  24. Make all the LEGAL votes count!!! The poll watchers ARE by law be accountable for all ballots cast, soiled ballots and such. Disqualified ballots were disqualified for a reason. It is funny how the disqualified ballots are for Franken, just like the ballots that were accidently left in the car trunk. Whoever forgot/lost/found those ballots should be in jail for Voter fraud!!!

    Comment by Jim — December 1, 2008 @ 8:25 pm

  25. well we have another digruntled democrat who cant believe intelligent michigan voters looked at him and thought what a joke. we had a democrat in florida who actually waited a whole year before she gave up. with much the same banter coming out of foolkins mouth. democrats must have a playbook of talking points for a problem like this. because he is saying the same thing she said. its really funny she actually moved to dc, the day she lost before the recount.

    Comment by carl6352 — December 1, 2008 @ 8:28 pm

  26. This really seems to be just a case of recount till you get the results you want by Franken. I also have to agree that calling the disqualification of the ballots improper is not so much reporting of the news as it s partisan opinion.

    Comment by Jackson — December 1, 2008 @ 8:34 pm

  27. Jewish hillbilly trying to enforce the Koran.

    Comment by Ballsyer — December 1, 2008 @ 8:35 pm

  28. The Board of Canvassers was generally sympathetic to the issue of making sure absentee ballots are not improperly excluded. What they said (and the Star Tribune did not really make this as clear as it should have) is that they did not have the authority to call for this - it was not granted to the board.

    Comment by Anonymous — December 1, 2008 @ 10:35 pm

  29. Oh ! So this is where all you mentally ill Rethuglican SOB's hang out nowadays. Your presence is "happily" missed on the other blogs , now that you've been rendered impotent. Whine and snibble all you want , we're not standing still for your corrupting of the electoral process anymore — get used to it. You and your kind are the reason we're all in this economic toilet , the reason we're the laughing stock or the world and the reason why we voted your miserable @sses out of Washington.

    This is the America of today , so , "love it or leave it".

    Comment by DMcD — December 1, 2008 @ 11:08 pm

  30. At this point can anyone imagine any scenario where Franken will ever acknowledge that he lost a fair but close election. Al Gore's failure to lead by conceding in 2000 has set a terrible precident that Democrats seem to have embraced. I hate to break it to everyone but sometimes Republicans win.

    Comment by Boulderwriter — December 2, 2008 @ 2:43 am

  31. As in the 2000 election, the disputed votes were counted…as SPOILED. As in 2000 when the Supreme Court ruled in favor of Bush citing equal protection, why are spoiled ballots more protected than my once counted ballot?

    My ballot should be protected from irrelevance by a strict adherence to the rules!

    Comment by y7 — December 2, 2008 @ 6:27 am

  32. Ok, you GOP sycophants and clowns.

    Let's remember that right now less than 300 votes separate Coleman and Franken out of several million cast. Don't give me this BS that Franken is a "sore loser". The reality is that when a race is this close no one really knows who the victor is.

    Balloting procedures are often Byzantine and unduly complicated. The concept of elections is that the majority rules its not to disenfranchise as many voters as you can.

    Norm Coleman ought to grow up for once and realize he isn't entitled automatically to this senate seat. If election judges refuse to count the votes of voters for technical reasons, perhaps it is time for the Senate to intervene.

    Comment by Mark — December 2, 2008 @ 8:33 am

  33. This is a perfect opportunity for the new Democrats to show a bipartisan spirit, by letting Minnesota determine its result. But instead you have Harry Reid stating they will look into it, so they can devine the intention of the voters as they see it in order for Franken to win. Bipartisanship is all talk, the the partisan talk is just BS, a line that the Democrats have been able to peddle and get the general public to beleive.

    Comment by Dave — December 2, 2008 @ 9:51 am

  34. That is why the best candidate should win in a landslide…but uninformed voters keep the chumps in play.

    Comment by jvii — December 2, 2008 @ 11:29 am

  35. #30…sometimes Republicans win.

    And it is a sad day in America when they do.

    #26, I thought it was Minnesota's Law requiring the recount. Your party certainly twist things.

    Comment by jvii — December 2, 2008 @ 11:39 am

  36. I think it is amazing that folks who were thrilled when the Supreme Court stopped the counting of LEGITIMATE votes so that the one currently residing in the White House could win, are now sniping because the Constitutionally REQUIRED recount in Minnesota is going forward, and because although they trusted the Supremes to give them the win, the Senate might not be tilted toward them. If someone signed their name without a middle initial, or if the absentee ballot had a misspelling or transposed address number is not a good reason to discount the vote. Go online and see some of the stupid "challenges" by the candidates - BOTH of them. They should have had a mandated run-off, but their Constitution calls for this. You all got the Big Gold Ring in the Bush Selection, stop whining about this one until you know you have something to whine about. You might also want to remember how dismissive you were of the Democrats who thought that stopping the vote count and having the Court pick the president was wrong before you start throwing stones.

    Comment by Diane — December 2, 2008 @ 12:00 pm

  37. Diane, you truly cannot be serious comparing Al Franken to Pre. Bush. Bush is the butt of jokes, Al Franken IS a Joke! You and people like you have caused the collapse of perfectly good civilizations, be they white or black ones,for the last 4000 years. You just don't put moron entertainers into legislative positions because of the novelty of the idea. To give Al Franken any kind of credit for senate intelligence ability is the same as giving it to Hannity or Limbaugh. Stop with the foolishness, the senate is too important a position to waste it on an incompetent like Air-Head America AL.

    Comment by Terrance — December 2, 2008 @ 3:14 pm

  38. Minnesotans the rest of America begs you!

    Please don't send Al Franken to the senate!

    I've known Al all his life and although he is a great joke at parties putting him in charge of our government is like lighting a match to count dynamite.

    If you're smart you'll just say no.

    By the way, has Alvin paid all his taxes yet?

    Comment by AlFrankensDad — December 2, 2008 @ 9:20 pm

  39. let's split up the country into 2 halves - conservative and liberal. let's see which half has higher crime, higher unemployment, higher taxes, more corruption, more political correctness etc.

    i wonder …

    Comment by dallas dawg — December 9, 2008 @ 12:21 am

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