CQ TODAY ONLINE NEWS
Dec. 5, 2008 – 5:37 a.m.
Missing Ballots Roil Minnesota Senate Recount
By Emily Cadei, CQ Staff
The discovery of uncounted and missing ballots has complicated the final days of the recount in Minnesota’s U.S. Senate election, the closest Senate race this year.
With just a day left of counting, the campaigns for Republican Sen. Norm Coleman and Democratic challenger Al Franken found themselves in a tussle with state election officials over 171 uncounted ballots that were discovered in a precinct in Ramsey County, and the search for another 133 ballots that appear to have gone missing in a precinct in Minneapolis. Both areas are Democratic-leaning.
The Franken campaign cheered the discovery and counting of the Ramsey County votes earlier this week. That was followed by a terse statement today on the situation in Minneapolis, in which lead attorney Marc Elias said, “We won’t stand for the disenfranchisement of 133 Minnesota voters, and neither will the people of this state,” and demanded that election officials “find the ballots.”
The Coleman campaign has pushed back, warning the state against jumping to conclusions on both the ballots that been found and those alleged to have gone missing, arguing tabulation errors may be the cause of the discrepancies.
On Thursday, the Secretary of State’s office issued a release announcing it would help with an investigation into the latter case.
“Minneapolis has pledged to make every effort to reconcile the apparent discrepancy between the number of individuals who voted in the precinct and the number of ballots currently on hand,” it read. “This office agreed to . . . [the] request to provide a witness because the Office of the Minnesota Secretary of State is committed to the accurate accounting of votes in the U.S. Senate race recount.”
The recount was triggered after an unofficial tally of election returns from Nov. 4 showed Coleman leading Franken by just 215 votes out of 2.9 million ballots 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.
Final tallies are due from the counties to the secretary of state’s office by close of business today. However, the Franken campaign has called on officials Minneapolis investigation could keep the recount open past the deadline for that part of the state.
Where the Race Stands
The brunt of the counting is now completed — as of 8 p.m. Thursday night, 99 percent of the ballots had been recounted. Coleman led Franken by 205 votes, a net loss of 10 votes compared to the unofficial tally from Nov. 4.
Several factors cloud that count, however. In addition to the lost and found ballots that have been the subject of so much attention this week, there also are the issues of challenged votes and rejected absentee ballots. In both cases, the decision on how to handle those votes will fall to Minnesota’s canvassing board, which is composed of four state judges and Secretary of State Mark Ritchie.
The two campaigns have now challenged a total of 6,508 ballots over the course of the recount, 3,311 by the Coleman campaign and 3,197 by the Franken camp. The canvassing board will begin reviewing those challenges Dec. 16.
The majority of the challenges are assumed to be frivolous and are expected to be discarded. In anticipation of this, both campaigns have pledged to withdraw a significant chunk of them ahead of that date — thus far Coleman has withdrawn 650 and Franken has taken back 633.
Missing Ballots Roil Minnesota Senate Recount
Franken aides claim the disparity in challenges has inflated the vote margin on Coleman’s behalf. On Thursday, they told reporters their internal recount tally — which includes challenged ballots based on unofficial rulings made by county election judges — showed Franken leading by 10 votes.
The Coleman campaign has dismissed those calculations.
The canvassing board will also meet next Friday, Dec. 12, to confer on how to handle absentee ballots that may have been wrongly rejected. The Franken campaign has pressed state officials to review all rejected absentee votes — which are estimated to number around 12,000 — and add to the candidates’ totals any that are found to have been incorrectly turned away.
The Franken campaign has estimated that could be as many as 1,000 ballots, though state officials have pegged it at half that or less.
The canvassing board has already ruled that it does not have the authority to conduct such a review, but asked the state’s attorney general to examine whether the law allows the counties to assess and count these absentee votes.
To hasten the process, the secretary of state’s office on Tuesday ordered county election officials to begin a review of rejected absentee ballots next week and set aside any found to have been incorrectly rejected. The canvassing board is expected to determine on Friday whether the counties ought to count any wrongly rejected ballots, or if the matter should be turned over to the courts.
The Franken campaign, for one, is keeping its legal options open. “We’re taking nothing off the table. Nothing,” Elias said Thursday.




Comments
It appears that Minnesota really is not sure who they wanted for Senator and we will never know for sure. I hate what Georgia had to go through, but they can be confident now they got the guy they want. They got a great Senator and they can all feel good about the process. I sure wish Minnesota had a run off so this could be settled for sure. At this point the best thing for Minnesota and the nation is just to leave Coleman as Senator. He has the experience and the seniority.
LewP, awarding a contested race to the incumbent just because they ARE the incumbent seems pretty undemocratic to me, not to sound confrontational or anything. i agree with you that a runoff would be best, but that's not what the law spells out. i hate bureaucratic red tape and legal battles as much as anyone, but maintaining the integrity of the system is more important, even if it comes down to a single, contested vote. once you start playing fast and loose with election law it sets a dangerous precedent.
The minnesota secretary of state's office appears to have Franken ahead by about 4,600 votes as of 8 pm thursday night: What gives?<\a>
JK- I see that as well. What gives, indeed? Your link to the SOS's office also shows that Franken won the election on Nov. 4th. WTF?
The best thing for Minnesota and the nation is to count the damn votes and then figure out how to remove this disgusting sloppiness from the system. Sounds to me like people need to go to jail.
What are you two looking at? The MN SOS recount page that you linked shows Coleman up by almost 700 votes with 1 precinct to recount, not including the challenges! WTF?
Should just go and have an election again.
I hope Minnesota isn't another florida and bring shame to the midwest---
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