CQ TODAY ONLINE NEWS
Dec. 18, 2008 – 5:07 a.m.
Hopes Dim for Settling Minnesota Senate Race by Friday
By Emily Cadei, CQ Staff
Election officials attempted to make headway on Wednesday in determining the winner of the undecided Minnesota Senate race but it is unlikely the state will be able to certify a victor by Friday, as initially intended.
The effort to sort out the final vote in the incredibly narrow contest between Republican Sen. Norm Coleman and Democratic challenger Al Franken has been bogged down in a host of disputes over the way ballots have been counted. The state’s canvassing board, which oversees and certifies statewide election results, is now two days into a review of challenged ballots, in which the voter’s intent was disputed by one or the other campaign.
These challenges — more than 6,500 initially — were issued by the two campaigns during the recount of Senate votes, which ended Dec. 5, although both sides have since withdrawn the majority of them.
The recount was triggered after a Nov. 4 vote tally showed Coleman ahead by 215 votes out of 2.9 million votes cast -- a margin of .007 percent. Minnesota law requires a hand recount in any election for federal or state office in which the margin is less than one-half of 1 percentage point.
At the repeated pleading of the canvassing board, attorneys for the Franken and Coleman campaigns whittled their pile down to less than 1,500 as of Tuesday.
By the end of Wednesday, the board had gone through the 415 challenges made by the Franken campaign, according to tracking done by the Minneapolis Star Tribune.
Of those challenges, the board awarded 234 votes to Coleman, 64 to Franken and determined that 117 votes did not count due to an inability to determine voter intent or a violation of rules. That represents a 44 percent success rate for Franken challenges on votes that likely would have otherwise gone to Coleman — a robust number given expectations that nearly all the challenges would be turned down. It remains to be seen if the Coleman challenges will enjoy similar results.
The review of challenges has been a tedious process — with the five board members poring over paper ballots and debating stray marks, double votes, and other voting discrepancies, one by one for hours at a time.
Secretary of State Mark Ritchie, who chairs the canvassing board, had pegged Friday as the deadline for reviewing challenges but with approximately 1,000 ballots still to be assessed, it looks increasingly unlikely that goal will be met.
The race will not be settled with the dispatching of these challenged ballots, however. There is still the matter of absentee ballots said to have been wrongly rejected, the handling of which was the subject of a Minnesota Supreme Court hearing Wednesday afternoon. Counsel for both campaigns had a chance to present their arguments over the proper forum and method for reviewing these votes.
The secretary of state’s office has estimated that as many as 1,600 absentee votes have been improperly excluded from the count.
The canvassing board issued a recommendation Dec. 12 that Minnesota’s 87 counties review absentee ballots that were initially rejected as invalid, and submit amended vote tallies that include any ballots found to have been incorrectly turned away.
The Coleman campaign disagreed with that recommendation and petitioned the court to address the matter. Coleman attorneys argue that the rejected ballots should not be included in the recount but rather dealt with by the courts.
In its petition to the court, the Coleman’s attorney asserted, “The Board has no authority or discretion to consider these rejected absentee ballots in this recount as they do not comprise ‘ballots cast in the election.’”
The Franken campaign sent out a release Wednesday claiming Coleman’s strategy is essentially an attempt “to throw out lawful ballots from voters who did everything right.”
Aides point to a section of state law, which gives only four criteria for rejecting absentee ballots, and argue that if a ballot has been discarded for any other reason it should considered a lawful vote
A number of the seven supreme court justices appeared sympathetic to Franken’s argument, though they peppered both attorneys with pointed legal questions.
There is no word on when the court will issue its decision. If it rules for Coleman, the Franken campaign is likely to issue a host of individual challenges to rejected absentee votes, which could take weeks to sort out.
If the court supports Franken’s argument, then the county election officials will have to reconvene to sort and count their rejected absentee votes. And Ritchie has indicated that he would prefer to wait until all valid votes are counted before certifying the results.




Comments
Emily needs to redo her math. Its not a 44% success rate for Franken its 15%. =64/415. Not all of the franken challenges would have gone for Coleman a lot we over votes or no votes 117 almost twice that Franken gained. Of the 20 challenges by Coleman that were looked at he gained 7 and 6 were throw out. by Emilys math that would mean Coleman success rate is 65% or 13/30. Give the entire facts...
Hopefully the seemingly unending "disputed ballots" issues will teach us it is possible to have our democracy provided we can teach ourselves HOW to vote. I believe it is possible. But leaving the questions about what votes count and for which party to the lawyers is not necessarily the wisest possible path. It is possible, for example, that we citizens can discover that being a citizen is not exactly the same thing as being a tourist or a big game spectator, but invites us into the game, into the rule-making, into the challenges of resolving disputes about contested ballots, and discovering how those ballots can teach us even more about what remains to be taught to voters.
Dean O does not understand the recount challenged ballots. These are 415 vote that would have went to Coleman. This is why Franken campaign challenged them. With only 264 of the 415 still in the Coleman column 64 being reversed and 117 not being counted either way. This is a huge win for Franken. 44% of the 415 were not counted for Coleman, as would have, if not challenged. If this same proportion holds for the rest of the votes of approx. 1000 Coleman challenges. Fraken would get 564, Coleman would get 154 and 282 would be invalidated. The net would be Fraken 628, Coleman 388 and 399 invalid. A total 240 vote gain for Franken. Very Simple!
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