December 30, 2008
Posted: December 30th, 2008 01:11 PM ET
Franken holds a narrow edge over Norm Coleman as counting continues.
Franken holds a narrow edge over Norm Coleman as counting continues.

ST. PAUL, Minnesota (CNN) – Democrat Al Franken maintained his slim lead of 50 votes Tuesday as Minnesota Secretary of State Mark Ritchie and the state canvassing board allocated the remainder of what was approximately 6,000 ballots that had - at one point or another - been challenged by both campaigns.

"If there are any nits to be picked, they've been picked," said board member and Minnesota State Supreme Court Chief Justice Eric Magnuson as the board adjourned.

In a statement, Franken himself said, "As it appears that we're on track to win, I want Minnesotans to know that I'm ready to get to work for them in Washington on day one."

Coleman campaign attorney Tony Trimble called Franken's double digit lead "artificial" and maintained there is still a long way to go in the counting process, specifically because a large number of improperly rejected absentee ballots have yet to be tallied.

But the process is far from over. The battle over which absentee ballots should be included in the mix has the makings of a brutal fight.

As outlined by the State Supreme Court, both campaigns and local election officials must agree on the ballots that were improperly rejected before the canvassing board can open and count them. Ballots that are rejected improperly are typically done so due to a clerical error or something similar.

Local elections officials have come up with a list of about 1,350 ballots that they say were accidentally rejected. Franken campaign representatives have said all of those should be counted.

Coleman reps say only about half of those should be considered but they've also identified about 600 more ballots that they say were not tagged by local officials but that were also rejected in error. Coleman's Tony Trimble admitted many of these 600 are from Coleman heavy areas but maintained that was just "coincidence."

Based on the court's ruling, the campaigns must agree before anything can be counted or, according to their decision, sanctions would be leavened. Exactly what those sanctions may be remains to be seen. The deadline to hand those envelopes over to the board is this Friday, but there is some doubt over whether that will happen or not.

Ritchie said he hopes a result can be certified in a "timely" fashion. If his estimation holds accurate over the course of the week, a result could be certified as early as Monday evening, however, the board has also reserved time on Tuesday, January 6 to review the rejected ballots, as well. Incidentally, January 6 is the day the new Congress is set to be sworn in.

Another issue the Coleman campaign is focusing on is whether or not approximately 150 ballots were accidentally double counted. Trimble has maintained for weeks now that wrongly-handled duplicate ballots exist. The canvassing board decided it was not an issue that they as a body should consider. The State Supreme Court heard the Coleman arguments and did not grant them relief. The option is still on the table for further legal action.

Filed under: Al Franken • Minnesota Senate race recount • Norm Coleman


Cristine C.   December 30th, 2008 6:21 pm ET

The best part about Al winning will be how angry this will make Bill O'Reilly.

Michael - CA   December 30th, 2008 6:15 pm ET

@Bill

Arnie is a Republican, but a really stupid one. We've dealt with him for far too long.

California=U.S Economy

Arnie=Bush

Basically.

Norm Coleman   December 30th, 2008 6:14 pm ET

Ain't it odd that when i was in the lead, i didn't want the votes recounted.

Now that good ol Al' is leading, i suddenly want them recounted?

Typical Republican.

Blue is my favourite colour   December 30th, 2008 6:10 pm ET

To Kerry: I believe "Lois" is speaking "ignorant speak".

Brian   December 30th, 2008 6:05 pm ET

I personally can't wait to see him in action. He may have been very silly in his SNL days (and on his AirAmerica show as well) but I beleive that he'll be a compitent member of the new Congress. He's smart and progressive, I'm glad to see him pull this one off.

happy new year   December 30th, 2008 5:44 pm ET

are you sure this isn't BEDROCK USA, instead of minnisota? the election was nov....

Kjetil   December 30th, 2008 5:44 pm ET

Lets hope the one with most votes even if its just one vote wins. I hope that the looser will be so generous that he say he lost because of to few votes, and not makes himself a victim of the prosess. In some days we will know who won and it was a very very close election and just tells how important it is to go voting.

Texas Teacher   December 30th, 2008 5:17 pm ET

I just wonder at the gerrymandering in Minn... here in Texas, the Repubublicans have made it virtually impossible for a Democrat to win... I was dumbstruck when they last pulled that old whammy... but not totally surprised.... corruption is rampant in Texas! I mean openly... Seriously....that is just a well known fact! :)

GuyInVA   December 30th, 2008 5:16 pm ET

I haven't seen any of these improperly rejected ballots, but I think it's funny how each side has flip-flopped regarding "counting every vote". At best, the winner will sit in the senate under a cloud of suspicion because of all the ballots that were "found" immediately following the election. The most amazing thing to me is how Senator Coleman lost over 500 votes before the recount even began. On a lighter note, although they are different houses of congress, I have to believe that lunatic Rep. Dennis Kucinich is rooting for Franken just to relieve some of the pressure.

Texas Teacher   December 30th, 2008 5:13 pm ET

Go Franken! :) rah rah rah.... *LOL* the old texas teacher is a cheerleader!

Paul   December 30th, 2008 5:02 pm ET

There's no way I will believe this is an honest recount. If it looks like a rat and smells like a rat, it's probably a rat. The only honest course would be a full rerun.

William   December 30th, 2008 4:56 pm ET

The results are so statistically impossible - it's clear that the election has been fudged. I am confident that this could be established by analyzing distributions of votes in subsets of the population.

What's not so clear is which side made the most egregious efforts to steal the election. Based on what we know about the GOP - there's more than a fair chance that they are to blame: what's the watchword ... "Get us within 5% and we'll steal the rest?" Probably the problem was that they were only within 8% and couldn't quite pull it off.

David Minneapolis   December 30th, 2008 4:39 pm ET

At least the Supreme Court is not intervening to anoint a senator from Minnesota like the did with the Presidential Race in 2000 in Bush v. Gore. Wow, a recount where all the ballots are actually going to be counted! And how impatient people seem to be! Democracy often takes a long time, it's tedious, it's boring really. Sit back, relax, enjoy the show. It's a far cry better than using rockets or F-16's or the threat of a ground invasion to settle differences. It might be more exciting, but it's terribly deadly and a horrible reality for all those stuck in Gaza. Give thanks for your boring, boring, boring Minnesota.

Dan, TX   December 30th, 2008 4:37 pm ET

The recount in Minnesota has been very fair from all accounts. They should count all the improperly rejected early votes and then be done with it. Whoever wins, wins. Franken is winning at the moment, that may hold up or not, but either way, this recount has been very transparent, open, and fair. You can go look at all the challenged ballots on-line and judge for yourself!

Ian Minneapolis, MN   December 30th, 2008 4:36 pm ET

VOTERS INTENT!

Jason   December 30th, 2008 4:35 pm ET

All of you who are arguing that ballots which are incorrectly marked should be thrown out. Do you not understand that the LAW says count them if the voter's intent can be determined? I guess that doesn't matter? I guess you have a better method of determining the results rather than the law?

Glennis, PA   December 30th, 2008 4:33 pm ET

It's obvious that Franken won't stop until he's conjured up enough ballots *legit or not) to win. It's the Democratic way.

Dave in Atlanta   December 30th, 2008 4:30 pm ET

I'm a democrat but I'm sad to see Norm Coleman go. He's a pragmatic republican, and a sensible man. I'm a little skeptical about Al Franken, he seems to be someone who is going to engage in the sort of petty partisanship that I hate to see. I don't know if having another democrat in the senate is worth it if that democrat is going to be Al Franken. But the people on Minnesota appear to have made their choice. I'm not from Minnesota so it's not my place to judge really. We'll see what Franken does in the Senate.

Ian Minneapolis, MN   December 30th, 2008 4:24 pm ET

Bumbling fools. Whats wrong with MN

ANGIE   December 30th, 2008 4:20 pm ET

WELL YAH LOOKS LIKE THE DEMS PICK UP ANOTHER SEAT YAHOO YAHEE SWEEEEEEEEEEEEEEEEEEEEEEET!!!!!!!!!!!!!!!!!!!!!

Jane (Minnesota)   December 30th, 2008 4:19 pm ET

As I understand it the 4 reasons to disqualify a ballot in this state are pretty clear. Come on guys, if the ballots do not meet any of the 4 reasons – they count -- PERIOD!!! This is NOT rocket science!!! Stop the stone-walling & let's get this over & move on.

Kerry   December 30th, 2008 4:14 pm ET

"lois December 30th, 2008 3:43 pm ET

Al is joke incompetent even he is not funny comedian losser thats why he want run see the earmark on the way"

Did someone post this as a joke or is this "lois" person have the worst grammar skills in the entire US of A?

bill   December 30th, 2008 4:12 pm ET

Now it is crystal clear, Arnold the governor in Calif., Franken in the senate what's next , J LO as the NY senator. I love how the Dems keep pushing the every vote counts despite how idiots can't fill out a ballot most 5 year olds could complete and Republicans keep trying to tie things up in court. When are the people going to wake up and realize that nothing will get better until we have a viable 3rd party that represents the majority of us in the middle.

JM   December 30th, 2008 4:11 pm ET

Frankin and his cronies are determined to steal this election.

tmess   December 30th, 2008 4:11 pm ET

Chris, under Minnesota law, an "X" in an oval is a more valid vote than filling in the oval.

As to the person who claimed only Franken gained votes, the Minnesota Secretary of States website has the inital totals from the machine count while the Star Tribune has the count after today's meeting resolved the last challenges. Based on that, Coleman has gained 302 votes during the recount. So it's not that Coleman hasn't gained votes, it's that Franken gained more votes than Coleman did. Obviously during a recount, both candidates gain votes that the machine erroneously considered to be an overvote or an undervote and lose votes that the machine erroneously considered to be for them. One candidate is going to have a larger net swing than the other candidate, but that is just how applying the law instead of a simple computer program works.

cat   December 30th, 2008 4:10 pm ET

If Coleman does not believe in government and improvement in the ways that government works to serve yes serve we the people.
He needs to go...Capitolism is a chain around poor peoples necks.
Price increases in order to beat last years sales, creates hardships on the majority of the people. Open your eyes and stop agreeing w/ the rich mans point of view...It will not work for you only for them who's got.

Will-South Dakota   December 30th, 2008 4:08 pm ET

This should be a made for TV movie!

Mikey M   December 30th, 2008 4:07 pm ET

I'm Proud of You Al Franken. You didn't sit back and allow the Republicans to disenfranchise Minnesota Democrats. Every vote deserves to be counted, despite some of the events of very recent history in this country.

John, Rochester MN   December 30th, 2008 4:05 pm ET

Greg December 30th, 2008 2:56 pm ET

wow….looks like it might have taken the dems almost two months….but they have surpressed enough of the voter's will that they could put this clown in office
--------------------------------
Interesting thought. Suppressing the voters' will and getting Franken into the Senate in the same sentence. Actually, if you look at the election results, the voters' will was/is to not have Coleman back in there. When an incumbent has 57%+ vote against him, it's clear the people don't want him in there. If either Franken was the incumbent, or the third party candidate was a failed Republican candidate, then your thought would be more likely true, but in this case, we really really really don't like Coleman and we don't want him in.

Proud American   December 30th, 2008 3:58 pm ET

Al Frankenstein Who let this Idiot out of the basement?

Viet Vet   December 30th, 2008 3:49 pm ET

Cry on Repub's !!!Har, har, Har Har, haaaaaaaaa
How's it feel Minnesotans who still drink shrub's koolaid?
Steal that election, Al!!!!!!!!!HA, ha, ha harrrrrrrrrrrrr.ROLFLMFAO

Greg Hodges   December 30th, 2008 3:46 pm ET

No matter who wins after the recount; the loser will feel cheated; and so will his supporters. I know it is very expensive and difficult; but the only way to really clean up this mess is to have a runoff; as they did in Georgia with only Franken and Coleman on the ballot. Vote for the one you want;surely you can make a simple x; and then let us move on.This just adds to the growing bitterness on both sides. If a simple straight up and down vote is impossible in any state in America these days, the U.S. is even more messed up than I thought.

ken   December 30th, 2008 3:44 pm ET

What truly amazes me is that there are so many people that are voting and do not even know how to mark the ballot. I think that any ballots that are marked incorrectly should be thrown in the trash and NOT counted, PERIOD!

It is not that hard to fill out a ballot to begin with, and I don't understand those people that don't know how, don't ask for help filling them out correctly. Does this say something about our education?

Al, NY NY   December 30th, 2008 3:44 pm ET

Chris December 30th, 2008 2:53 pm ET
I want to hear Rush Limbaugh choke back the anger as he says "Senator Al Franken."
--------

AND that faux "libertarian" O'Reilly too! He is just another Fake News GOP shill just like the rest. A few token non-republicans does not make them fair and balanced.

lois   December 30th, 2008 3:43 pm ET

Al is joke incompetent even he is not funny comedian losser thats why he want run see the earmark on the way

EW   December 30th, 2008 3:40 pm ET

Morgan December 30th, 2008 2:56 pm ET

Count all the votes!

Yes, we must not discriminate against the dead and ineligible, shall we? The Democrat party is the party of the living and the dead....just ask Chicago Mayor Daley.

If you can't follow simple instructions, like fill in the circle, then too bad. If you make a mistake ask for a new ballot. Voting isn't rocket science yet so many people seem to not be able to handle this simple task.

Jason   December 30th, 2008 3:37 pm ET

Chris the ballot should be counted. Minnesota law is clear that the only thing that matters is a voters "intent". I think that is obvious.

Mike O'Brien   December 30th, 2008 3:36 pm ET

Al Franken.., 'don't give up !! You would be great in the United States States Senate. Mike In Montana

gt   December 30th, 2008 3:31 pm ET

ha ha haha .....this will last longer than a minneosta winter,,,,,i hope al wins ,,, what a joke ,,,, minnesota you people have cabin fever ,,, wait till you get frankens calander with his mug on it for you people to look at all next winter ,,,,,

Joe   December 30th, 2008 3:29 pm ET

Hey Jennifer from NY, Al Franken is competent. Maybe we ought to examine your IQ.

Mark   December 30th, 2008 3:29 pm ET

Recount every one of them from the beginning and include all,... so we have a winner. I am tired of people saying Bush stole an election he won, let's recount every one of these so Dems will quit whining,... oh wait they still will since someone will have something they don't have,... reminds me of a 4 year old whining about what another kid has

Ilona Hussein Proud Canadian   December 30th, 2008 3:27 pm ET

Jim Barnes

DO YOU THINK THE REASON AL FRANKIN IS GETTING MOST OF THESE RECOUNTED BALLOTS may be as simple as the following?

These specific ballots are from areas where AL FRANKIN HAS STRONGER SUPPORT THAN COLEMAN!

MAYBE THIS WAS THE VERY REASON THAT THESE BALLOTS WERE NOT COUNTED? COLEMAN KNEW THAT FRANKIN HAD MORE SUPPORT IN THESE AREAS!

Chris   December 30th, 2008 3:25 pm ET

If the picture with this article is real, then that vote should not be counted - that ballot is improperly marked. If one is too lazy to figure out how to vote correctly, they don't deserve to be heard no matter how much Al Franken whines.

Jo Doe   December 30th, 2008 3:15 pm ET

Adding Franken to the Democrat-controlled congress is like adding an explanation point to a bad joke. What a fitting end to this election cycle!

deb in Colo   December 30th, 2008 3:08 pm ET

Time to flip the coin, I think...

richard   December 30th, 2008 3:08 pm ET

I guess Democrats don't mind corruption we their the ones doing it.

LIP   December 30th, 2008 3:04 pm ET

Al Franken and his comedic stand up routine will fit right in with a Democratically controlled congress with the lowest ever approval rating of something like 9%. Right on Al...I am sure he will help to raise their level of approval...right.

Steve   December 30th, 2008 3:04 pm ET

Obviously, only the unopened Franken votes will be counted. That writing has been on the wall throughout this whole recount. If Coleman were to gain a lead from the unopened ballots, then of course more Franken ballots would mysteriously appear (again).

malabar   December 30th, 2008 3:02 pm ET

sarah palin

Jennifer NY   December 30th, 2008 3:00 pm ET

You go Al!! I can't stand the sight of Coleman and Paul Wellstone must have turned in his grave when Coleman won.....ugh! Let's have some competence, please.

Sara   December 30th, 2008 2:58 pm ET

Typical republicans trying to steal another seat. I guess stealing two presidential elections wasn't enough.

Go Al!

Al Frankenstein   December 30th, 2008 2:56 pm ET

We will continue to count the votes.
Until I win.

Morgan   December 30th, 2008 2:56 pm ET

Count all the votes! Did we not learn anything from Florida or Michigan? Votes should not be surpressed for political gain! Count the 600 Coleman wants and all the others. Let the people decide!

Greg   December 30th, 2008 2:56 pm ET

wow....looks like it might have taken the dems almost two months....but they have surpressed enough of the voter's will that they could put this clown in office

Chris   December 30th, 2008 2:55 pm ET

Stop the whining, Minnesota!!!!!! If you guys can elect a former pro-wrestler to be your governor, you can surely live with a comedian as your senator.

Chris from NC

Chris   December 30th, 2008 2:53 pm ET

I want to hear Rush Limbaugh choke back the anger as he says "Senator Al Franken."

David, Chicago, IL   December 30th, 2008 2:53 pm ET

Don't blame me, I voted for Hulk Hogan!

Carl   December 30th, 2008 2:50 pm ET

Real simple... do a revote.... it would be cheaper...

amazingly enough, all local, county, and statewide races had zero problems or complaints in Minnesota except for this one...

dirty politics on both sides and we all know it...

jim barnes   December 30th, 2008 2:45 pm ET

Does anyone else find it ironic that out of all the ballots recounted only Franken is getting votes? You'd think they'd find votes for Coleman, but strange as it is only Franken is moving up in the tally. I've never in my life seen a recount where one person is getting all the votes. Usually its equal, and both parties lose and gain votes.

Guess every vote does count to Democrats even if you have to make those votes up.

Scott   December 30th, 2008 2:42 pm ET

It never looks good when one side only wants to count a portion of the votes and the other side wants to include all of them.

Proud American   December 30th, 2008 2:39 pm ET

Republicans Idiots never quit.

Casey   December 30th, 2008 2:37 pm ET

Go Al!

windfall   December 30th, 2008 2:34 pm ET

Go Al !!!

Norm is Cheney's boy and needs to go.

John, Brooklyn, New York   December 30th, 2008 2:33 pm ET

Coleman needs to weigh his own narcicism against the interests of the people of Minnesota to have a full representation in the new Congress.

Carole   December 30th, 2008 2:28 pm ET

Good for Franken. I admired that President Gore in 2000 felt the country was more important than him. But look at the shape we are in now because he did not fight it out. A warning about 9-11 per Richard Clarke was ignored and 9-11 happened while the thief is listening to 'my pet goat'. The crook friends have robbed this country blind and we have a messed up economy.

GO FRANKEN!!!!!

**Funny how some want to win with every vote for themselves to count. LOL

Al Frankenstein   December 30th, 2008 2:21 pm ET

No one can sop me. From cheating.

Concerned in Florida   December 30th, 2008 2:19 pm ET

Ok people work with me here 1, 2, 3, etc. how hard can it be?

Get over it   December 30th, 2008 2:18 pm ET

And this, from the state that elected Jessie "The Body" Ventura as their govenor.

I don't know whether to laugh or cry.

carter from mn   December 30th, 2008 2:16 pm ET

Seriously Norm Coleman, seriously? Two weeks ago there was no way that these absentee ballots should have been counted, but now you are behind.... I do think they should be counted no matter who is ahead but still.

Sherrol in Canada   December 30th, 2008 2:15 pm ET

Can a winner just be decared already? How long is this going to drag on? Enough's enough!

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