February 3, 2009
Posted: February 3rd, 2009 06:50 PM ET

From
A Minnesota court ruled Tuesday that roughly 4800 absentee ballots would be considered in the post-election contest between Norm Coleman and Al Franken.
A Minnesota court ruled Tuesday that roughly 4800 absentee ballots would be considered in the post-election contest between Norm Coleman and Al Franken.

(CNN) – A three-judge Minnesota court ruled Tuesday that approximately 4,800 out of a total of nearly 12,000 rejected absentee ballots would be considered in Republican Norm Coleman's effort to retain his Senate seat.

"This is a victory for thousands of Minnesotans whose rejected absentee ballots will now be properly reviewed in this election," Ben Ginsberg, a legal spokesman for the Coleman campaign said in a statement released Tuesday. "We've continually called for every valid vote to be counted, and counted only once. This is a strong step in the right direction, and we applaud the decision of the court today."

The Franken campaign said the ruling brought some certainty to the litigation to determine who will be declared the winner in the razor-thin race.

The "universe [of Coleman's case] has now come to a defined place," Franken attorney Marc Elias said in a statement Tuesday. "We now know the scope of ballots they will be permitted to argue from."

On Election Night, Coleman held a slim lead of a few hundred votes over Democrat Al Franken in a race where 3 million votes were cast. But after the recount that followed, the state canvassing board declared Franken the winner by 225 votes.

The Coleman team argues that a number of absentee ballots had been incorrectly counted or rejected by the canvassing board, and filed a post election contest before the three-judge court. Coleman is also arguing that some votes were counted twice.

The court ruled today on a Franken motion to limit the number of rejected absentee ballots to fewer than 700, rather than the roughly 12,000 requested by the Coleman camp.

The Franken campaign is set to ask the Minnesota Supreme Court on February 5 to order Gov. Tim Pawlenty and Secretary of State Mark Ritchie to issue a temporary election certificate so Franken can be seated in the Senate. Both men have refused, saying they will wait until the matter is resolved definitively by the courts.

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


Liam   February 3rd, 2009 11:54 pm ET

The biggest loser here is the state of Minnesota. They are currently being under-represented in the senate because the Republicans refuse to let the election go. While every vote should be counted, they should at least temporarily certify the results so that Minnesota has equal representation in the senate.

markiejoe   February 3rd, 2009 11:36 pm ET

Coleman's problem is that his lawyers have argued every different and even opposite side of the Rubik's cube since election day. First they didn't want votes counted, then they wanted only certain votes counted, then they didn't want any votes counted, then they wanted all votes counted, now they're back to wanting just certain votes counted. If I were the judges, I throw them out of court with the admonition: "Next time you want to argue a case, pick a side and stick with it. Now begone."

Rob_in_MN   February 3rd, 2009 11:36 pm ET

Every vote should be counted, it seems odd that Franken pulled ahead under such questionable circumstances.

I am a Democrat, but I'm no Franken fan, I don't really like either of them.

Kay   February 3rd, 2009 11:35 pm ET

All this shows is how desparate the Republicans are.

RAYSTER   February 3rd, 2009 11:21 pm ET

If you have never taken part in a recount then shut the hell up cuz you don't know what your talking about.
Ballots are rejected for a number of reasons. They could identify a voter for this type of case and then eventualy make the difference in an election.
I've gone through more than one recount and it sucks cuz the ballots are looked at with more than one set of eyes. Its there to protect your vote. The courts should not be settling these things but the candidates using there heads following the rules and these backroom jerks should be shown the door

SueB   February 3rd, 2009 11:12 pm ET

Every state should do some serious looking at their election laws. These 3 ring circuses are so common they're almost expected these days. In my state in Nov, we had multiple counties that had more votes cast then registered voters – how does this happen? Whenever that occurs, the voting lists marked on election day need to be scrutinized, or the poll workers scrutinized, or absentee votes carefully compared against the voter lists, or something but this is not acceptable. The word "intent" needs to be eliminated from vote counters vocabulary. Just because someone voted one party for all offices except one does not mean they didn't intend to vote the opposite party for that one position nor does it mean they intended to vote the same party for that one position. Whatever is marked on the ballot should stand, no one should be trying to second guess someone who they don't even know. In every state a high percentage of absentee votes are thrown out. States need to figure out why so they can stop throwing out so many. Are the instructions too complicated? Not clear? Training of voters needed?

patti   February 3rd, 2009 11:09 pm ET

I am so sick and tired of the Republicans whining all the time. Own up and be a man Coleman!!!!! We are sick and tired of all the crap for the last 8 years!!!!!!

mike   February 3rd, 2009 10:49 pm ET

franken no franken well win

Ron in Asheville, NC   February 3rd, 2009 10:43 pm ET

C'mon. This is a process we should all be proud of: the precinct workers and the courts are doing their best to get it right given the messy situation that voting is (not only in Minnesota but everywhere). Not many–if any–places would be doing this. And it's interesting to ask what would have happened in 2000 if the same standards were applied and procedures followed in Florida.

Simmy   February 3rd, 2009 10:42 pm ET

Your Honor, I object to this kangaroo court! I demand that this case be dismissed, and that former Sen. Coleman, be held in contempt of the American people!

Nate P, MN   February 3rd, 2009 10:34 pm ET

What a crook Coleman! When you were ahead after the election, you called on Franken to concede. Franken originally wanted absentee ballots to be counted, you were against it. Now that Franken is ahead, you want absentee ballots counted? Talk about being two faced. Give it up, Coleman.

I'm ashamed that so many Minnesotans voted for Coleman, after the state has been consistently Democratic.

Chris in Va.   February 3rd, 2009 10:32 pm ET

@ Mariann Pepitone.....WOW!!!! If everything stupid you've said tonight were worth $1 you would have single-handedly erased the national debt in ONE NIGHT!!!!!

smiff   February 3rd, 2009 10:31 pm ET

Like playing the lo;tto trying to get an accurate vote count anymore. Why did more votes get cast in25 precincts than there were actual reg voters? Why did one organization regi'ster mic'key mouse to vote? Makes the integrity of the entire system suspect........unless you live in russ'ia! Guess Fwankin forgot his book title about the ly'ing liars ect. Kinda goes along with poli;tics in general!

Scott, Tucson   February 3rd, 2009 10:27 pm ET

Let's just put the two of then in a locked room with baseball bats and the one that walks out is declared the winner.

Jesse   February 3rd, 2009 10:05 pm ET

The same weasel Ben Ginsburg who didn't want votes counted in Florida?

how conveeeeeenient.

oh, wait, wrong SNL 90's character.

Steve from Somerset   February 3rd, 2009 10:04 pm ET

Thank GOD the 2008 Presidential election didn't hinge on Minn. like it did Florida in 2000.

Dan   February 3rd, 2009 10:03 pm ET

Al Franken is a cheat. Another addition to cheating democrats. They are everywhere. You can find them cheating on taxes, making illegals legal to get votes, support ACCORN for their un-registered votes, cheat on these votes in MN.

IdahoAK47Owner   February 3rd, 2009 10:00 pm ET

So how is Norm's other lawsuit going? Have they counted all the money at least once?

Mark   February 3rd, 2009 9:53 pm ET

You see it doesn't matter who votes that counts, it's who counts the votes that matters!

DEMwits   February 3rd, 2009 9:51 pm ET

Poor pinko libs are going to have to wait longer to see if their ultra-liberal a$$-clown Stuart Smalley can steal the election.

Nice job Dems...at least when the Repubs put an actor into elected office they don't look like the dorky kid you picked on in high school.

tess   February 3rd, 2009 9:49 pm ET

minnesota has got to have the lowest I.Q. scores in the world!! the fact that even one person there would vote for that idiot franken should make that state review their educational system – ugh!

Kim   February 3rd, 2009 9:46 pm ET

This is STILL going on?? You can send a man to the moon, but can't complete an election in a fair and timely manner. What's wrong with this picture?

floridajack   February 3rd, 2009 9:43 pm ET

hey independent thinker,

please provide proof that there is even ONE precinct wher there were more votes cast than registered voters. ...........no?

THERE WEREN'T ANY!! just another republican lie.

Proud American   February 3rd, 2009 9:32 pm ET

How long did anyone think it would take for republicans stole this election? Democrats must learn when republicans lose, they steal.

SANDY ABRAMS   February 3rd, 2009 9:30 pm ET

i think this thing should be settled in the old fashioned way:
A WRESTLING MATCH!!

Evan   February 3rd, 2009 9:26 pm ET

Maybe if Franken gets elected he can pay his employee's health care payments and his taxes. Remember the best way to get a Democrat to pay their taxes is to put them in a public office. If all the Democrats paid their fair taxes our economy would be in Great Shape!

JOE KILOZ   February 3rd, 2009 9:20 pm ET

OBAMA'S,,,,,,,,,HAND,,,,,,,,,,,,,AND,,,,,,,PEOPLE,,,,,,,,,,,,,BEHIND,,,,,,,,,,,,,THE,,,,,

SCENES,,,,,,,,,,,,,,DIDN'T,,,,,,,,,,,WORK,,,,,,,,,,HERE,,,,,,,,,EITHER

Texas Teacher   February 3rd, 2009 9:03 pm ET

Go, Franken.....

Independant Thinker   February 3rd, 2009 8:53 pm ET

Yes, but there is still the question of the 25 precincts that had more votes cast than there were valid voters.

Carl from MI   February 3rd, 2009 8:49 pm ET

Normie should take his own advice and do the right thing... bow out gracefully!! How like a Republican to not hold himself accountable to his own standards.

Oh, the Republican hypocrisy!!! Where does it end???

Proud Yankee   February 3rd, 2009 8:38 pm ET

I laugh at Minnesota.

Mariann Pepitone   February 3rd, 2009 8:28 pm ET

I believe there was corruption going on in the counting and recounting of vote in this election especially on the democrat side. Coleman should be the winner when all is counted if there is no foul play in the counting. Franken should stick to entertainment and refrain himself from politics.

Chris in Va.   February 3rd, 2009 8:25 pm ET

Wasn't Coleman arguing right after the election AGAINST counting absentee ballots?

Steve, Cedar Rapids, Iowa   February 3rd, 2009 8:16 pm ET

I do not envy my friends to the north.They want this over with. The Domocrats want another vote closer to 60 and the GOP is desperate to hang on to something. What a mess. I predict in the end Al Franken will still be the winner . Once Democratic Secretary of State Mark Ritchie signs the certificate it will go over to Republican Governor Tim Pawlenty who will swallow hard and sign it. I remember last summer when Pawlenty was crowing about how the Republicans were going to take Minnesota and Coleman never even showed up at the GOP convention in his hometown! So much for staying out of sight Norm.

John   February 3rd, 2009 8:14 pm ET

While 4,800 out of 12,000 is a step forward, it is deffinately not enough. Our country prides itself on being a democracy, where every person is equal. There is no reason for any new feelings of joy. Congratulations Coleman, your point may be proved. Yet this is not really what it is about. All votes need to be counted. This is fair and just. Until then, we have not really achieved. All our absentee ballets need to be counted.

An honest count needed   February 3rd, 2009 8:13 pm ET

Franken and Coleman both need to allow the recount to be done ethically before either gets seated in the Senate. What is this about Franken going to ask the Gov and Sec. of State to seat him in the Senate before anything is really made official by the recount? Is he crazy? Sounds like another corrupt politician. And we don't need anymore of them. Patience Franken....you may not be the one serving if the recount doesn't support it. You can always take the seat "officially" if it is proven to be yours.

Sylvia Grant   February 3rd, 2009 8:11 pm ET

During the 2000 election of Bush vs Gore there was much discussion over the absentee ballots. As was expected the Republican US Supreme Court voted for Bush.
Now things have changed and we have a Franken a Democratic contender against Coleman a Republican and the Democratic again face unfairness.

Rob   February 3rd, 2009 8:10 pm ET

So what about the remaining 7,200 ? There is something fundamentally wrong if there are that many ballots rejected. The only reason a ballot should be rejected is if it is a duplicate or was postmarked after the election. This is a simple process, we cast a vote, it should be counted. I don't care who that vote was for.

BB   February 3rd, 2009 8:08 pm ET

Minnesota Groundhog's day

Gracie   February 3rd, 2009 8:08 pm ET

Good LORD, here we go again. Another Florida re-play.

This is going to drag out for another year on the tax payers dime of course!

It's NO wonder WHY Americans are losing jobs and their homes... its these types of POLITICAL CIRCUS that keep progress from happening.

Coleman, if those ballots don't go you way.....

YOU BETTER SHUT THE HELL UP AND CONCEDE TO FRANKEN!!!

Mr. Sandman   February 3rd, 2009 8:01 pm ET

Coleman hack: "We've continually called for every valid vote to be counted"

LOL. That's not what I was hearing election night.

Alex   February 3rd, 2009 7:59 pm ET

There is no end to this so it is definitely time for due process to be initiated. It's past time for the US to fix the voting process. In this era of hi-tech remedies, seems like this would already be a done deal...

Scott L   February 3rd, 2009 7:54 pm ET

"And I don't want to send a message to the American people that there are two sets of standards: one for powerful people and one for ordinary folks who are working every day and paying their taxes."

Obama Quote from Today. So what about Geithner??

HYPOCRITE.

Mississippi Mike   February 3rd, 2009 7:54 pm ET

This has been a joke. One of the major news sources showed a contested ballot that clearly showed that the person voted for Coleman but it was given to Franken!

Minnesota needs a well-regulated run-off election, not more re-hashing the same miscounted votes.

Not From MN   February 3rd, 2009 7:53 pm ET

Just don't seat either one, we don't care any more. Leave us alone.

Mobius   February 3rd, 2009 7:53 pm ET

We're supposed to 'repair' the economy in a country where we can't even count votes properly? Good luck with that.

Cry Babies   February 3rd, 2009 7:52 pm ET

And the saga goes on...what a joke.

Deborah Moore, Roseville, MN   February 3rd, 2009 7:48 pm ET

Poor Normie Coleman. I guess if I were him, I would be doing everything I could to secure my job in the Senate.

But who are his advisors? It has already been proven by the initial re-count that Democrats (of which I am one) are ballot challenged (although I am not).

More recounts will only prove to solidify my argument, that miscounted votes are disproportionately cast by my fellow Democrats.

To Franken's favor.

Santa Maria   February 3rd, 2009 7:47 pm ET

I hope that Coleman loses...legitimately. That way Republicans can complain that Democrats stole the election. Truth is never a big issue when it comes to politics. Just ask any Dem.

Willy Brown   February 3rd, 2009 7:45 pm ET

Good. Maybe now they will cancel out azz clown Al.

Mike in Philly   February 3rd, 2009 7:37 pm ET

"The Franken campaign is set to ask the Minnesota Supreme Court on February 5 to order Gov. Tim Pawlenty and Secretary of State Mark Ritchie to issue a temporary election certificate so Franken can be seated in the Senate. Both men have refused, saying they will wait until the matter is resolved definitively by the courts."

Good for them. I think Franken will probably win, but let's follow the law. No election certificate until Coleman's suit is done.

Sniffit   February 3rd, 2009 7:35 pm ET

Fair enough...if the court says so, it says so. Still, I am literally going to wet my pants laughing if Franken still wins haha. Coleman's an a$$hat.

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