Franken Camp: We're Down 73 Votes, May Pursue Legal Action

The Minnesota Senate recount is getting incredibly tight. According to officials from the Al Franken campaign, the margin separating the Democratic challenger and Sen. Norm Coleman is now down to 73 votes out of approximately 2.9 million cast.

Several weeks into the recount, 88.6% of the ballots have been counted, a slight majority of which came from Coleman supporters. As noted by Franken campaign lawyer Marc Elias, in the counties whose ballots have been counted, Al Franken won 49.6% of the vote on Election Day. In the counties who have not finished counting, Al Franken won 52.8% of the vote on Election Day.

The number is not based on the Secretary of State website or other sources (where the difference is listed at more than 250) but rather the findings of neutral election observers who are on the ground in state counties. In these counts, it should be noted, Coleman has challenged more ballots -- accounting for the larger deficit that Franken faces in the official count.

Even with the narrowing margin, there may not be enough room for Franken to take a lead. That's because, as the Franken camp has argued, the state has declined to publicize rejected absentee ballots. Elias, while claiming that the majority of these 12,000 ballots were rightly thrown out, estimated that "as many as 1,000," could end up being legitimate votes that were wrongfully uncounted.

On a conference call with reporters, Elias said the campaign would now "pursue all other avenues open to us," in regards to making these absentee ballots public, "including legal action." He even noted (as has been recently reported) that the United States Senate could take up the issue, a development that the Coleman campaign has called "troubling."

"If ultimately there is no remedy before the canvassing boards and before the courts, that ultimately remains an option," said Elias.

Also on the call, the Franken camp, as it has done for the past two weeks, raised concerns over missing ballots, a problematic development which has been reported in several counties. Elias called on counties to redouble their efforts to ensure that every vote that was cast would end up counted.

"[The final number] simply cannot be relevant if it does not include the total number of the votes cast," he said.

Without making progress in the missing ballot and absentee ballot field, the Franken campaign stands a much longer shot of passing Coleman. But the numbers -- if their math is to be believed -- should tighten even further. The campaign provided two other data points that show a blue-tilt to the remaining recount.

In Hennepin County. there are over 74,000 ballots yet to be counted. Among the ballots yet to be counted, Al Franken got 79.2% of the two-way vote on Election Day.

In Ramsey County, there are over 43,000 ballots yet to be counted. Among the ballots yet to be counted, Al Franken got 51.7% of the two-way vote on Election Day.

Comments

[BoboPalinski]

Even the Senate floor needs a banana peel.

[fettaspetta]

Hey all--

I am working as an election observer in Minnesota, and for those of you who are saying "count it twice until it matches up", let me make something clear.

That will never, ever happen. Ever. Ever. Let me repeat that once again. Ever. Out of 2.9 million ballots there are always going to be slight inconsistencies given human error. It is a highly impractical standard. What should happen is that the State Canvassing Board should allow for the wrongfully rejected absentee ballots to be counted, and once counted, whoever is ahead in the vote total should become the next U.S. Senator from Minnesota. It is the only reasonable way to ensure that the votes are counted and that Minnesota continues it's reputation for clean elections.

[RButler]

Re: count it twice till it matches. My follow up was that the elected officials design a better way if they don't like it. I hope my bank doesn't have that great an error rate on ATM transactions. If it can do it, then why not the election officials. Both require an interaction with a voter or citizen but banks manage to do it virtually error free.

[MagisterLudi]

Aboslutely, Fetta. People simply don't understand this.
The problem is hardwired into the system of counting we use. At such large numbers it is almost impossible to get an exact count. Alas. Think of Heisenberg Uncertainty Principle.

For better insight look up basic voting theory concepts: Condorcet theorem, recursive and extended plurality with elimination. Especially helpful would be the dreaded Borda Count System.

Good luck to Franken.

[Mildmannered]

unfortunate that the democrats didn't have a stronger candidate in Minnesota in a democratic year

[MagisterLudi]

I also agree. Love Franken but he is an extremely weak political figure without a political base or machine.

[paixa3]

if you believe in Democracy, ALL votes need to be counted. ANYONE who does not support that are traitors.

[MagisterLudi]

Lesson: At such large numbers it is almost impossible to get an exact count. Alas. Think of Heisenberg Uncertainty Principle.

For better insight look up basic voting theory concepts: Condorcet theorem, recursive and extended plurality with elimination. Especially helpful would be the dreaded Borda Count System.

Good luck to Franken.

[BrickSykes]

The Congress of the United States MUST Nationalize Every Single 'Vote Counting Device' in the Country prior to any further use!! Millions of Americans KNOW that the ES&S and Diebold machines were designed to be MANIPULATED by whomever owned the 'Codes!' This is INSANE! It MUST STOP!!

Brick

[MagisterLudi]

Drink your coco and study basic voting theory. Take a stats class at your night school.

[functor]

Take a glass of milk and get piss before you go to bed......lol

[bannorhill]

To nationalize elections the constitution will have to be changed.

[Pepper14]

The senate needs to stay out of this and let MN settle who won or lost. Reid has enough on his plate without getting into this mess. Franken is a rude man and can't take a loss like a man. I would hope there would also be enough dems in the senate that would tell Reid they don't want to get involved in this because he will just cause hard feelings with the GOP and he is going to need them if he wants to pass a lot of bills.

[LutherBrixton]

"would hope there would also be enough dems in the senate that would tell Reid they don't want to get involved in this because he will just cause hard feelings with the GOP"

Yes, the best thing to do when you're dealing with screaming, obnoxious babies is to do what they want and not let any "hard feelings" get in the way. Clearly, the best thing to do when someone is crying and smearing feces on the wall (the GOP) is to work with them rather than allow something as silly as DEMOCRACY get in the way... The GOP want to win, and FOX has already announced that Coleman won, so why should anything else matter? The important thing is that Coleman is a crying, infantile wimp unable to deal with losing, so just appoint him Senator, ignore the votes cast in Minnesota, and MOST importantly not allow "hard feelings" to get in the way of giving the GOP everything & anything they want! Afterall, look at the amazingly competent job they've done in Washington over the last 8 years!

[ggorilla]

Okay - Franken lost and he is the won whining and crying alot like Gore in 2000.

As far as competency look at the democratically run congress over the last 2 years. They have a worse approval rating than the president.

And yes both parties need to work togther if anything is to get done. Smarten up.

[FreedomAgain]

Why not include the other ballots? People voted, they should be counted. If he loses he loses, but there should be no question left as to whether he won or lost after it is all done.

[RButler]

They should always do 2 recounts whenever it's close. If they don't add up exactly the same, then do them until you get 2 exact matching recounts. If that doesn't suit the officials, then design a better way, idiots.

[Microstation7]

Or until a liberal wins. Then you can stop counting. Typical left tactics.

The second Al the loser, goes one vote ahead, all liberals will declare victory and demand they stop counting.
Typical.

[paixa3]

Horse kaka. ANY correct system should be able to come to the same number 2 times. I am talking about process and systems. I am independent and believe in JUSTICE, do you? Thought not with your spew of il-logic.

[bannorhill]

You should have a count and if it is close then a recount. If you have the same winner both times that person should be declaired the winner. If you have a disagreeing winner between the two counts you should have a third count to resolve it.

[tre]

Al, yoo hoo, Al! You lost! Now accept it like a man! Stand up straight, walk over and shake Norm's hand, congratulate him on his hard-won victory, hand walk off. Nobody likes a sore loser!

Sheesh, who do you think you are, Al Gore?

[SeniorTour]

tre. go away.

[ggorilla]

Why don't you go away. tre makes a good point and is entitled to an opinion. If you disagree then don't read it.

[jdmccl]

Never have enough recounts? What a joker but he is the only one laughing. Time to go back to the failed talk radio thing.

[isadora]

Air America is not "failed." It's going strong, I'm listening to it now. Their wonderful commentary helped to get a good President and Vice President elect a glorious win. Hey jdmcl, did you take up for eight-felony-convicted Stevens in Alaska? How about the bathroom pervert from Iowa? Again I say: Chubby Checker once sang "How low can you go?" Just when we think repups have shown us how low they can reach they top themselves.

[x88justy]

Every American knows that the tie goes to the Republican: it's the First Amendment in the Shadow Constitution. The founding father and President of the Shadow United States of America, Jeb Bush, added the Republican Bill of Rights by Shadow Executive Order to the Shadow Constitution to protect America from Communism, Terrorism and white slavery by third world nations through the U.N.

[motamanx]

If Karl Rove was in any way connected to the Coleman camp, give the election to Franken--as Rove hasn't done an honest thing since high school.

[AliLiz]

The third person in this race may cost the Dems this seat.

Too bad...this is just like the Gore/Bush/Nadar race. You could say this is the Nadar Effect.

[itsthemedication]

A recount was needed, and obtained. Now be a man and accept the result. I'm not happy either, but maybe the DNC will start thinking about candidates a bit more before throwing money at them. Let's see, a comedian that has insulted every group on the planet. Yep, that's a good choice.

[DrJohnnySkeptic]

This is like a SNL sketch that has gone awry.

Hey, Al.... go away, already.

[Two Three Four]

The auto industry has survived on minor revisions for the better part of a decade, but America doesn't need a recolored cozy-coupe, we need a green cozy-coupe:

http://voteforamerica.net/editorials/Comments.aspx?ArticleId=166&ArticleName=Ready%2c+Set%2c+Bailout%3f

[music820]

I agree with Sue-in-Jersey who posted earlier:
"This is ridiculous. Once the separation between votes for candidates falls below 100 for an entire state, there should be a do-over election. There's simply no way to settle this fairly otherwise."

100 votes or less is basically a statistical dead heat. Let each Candidate make another appeal to the voters and let them vote again. A new vote can't be any more expensive than endless recounts and Court challenges. What blows my mind is that the State is so evenly split, and that in 2000 and 2004 the Country was so evenly split, too. Quit calling each other names. One side wins for awhile, then the other side gains control. The system basically works and we chart a wayward course through the middle, over time.

And as to the need for accurate counts and the occasional difficult and painful recount, remember what Joseph Stalin said, and he should know:

"Those who cast the votes decide nothing. Those who count the votes decide everything."

P.S. Please read that quote again, slower, with emphasis.

[sandiegoconservative]

Wait. If all the ballots have been counted and the party defeated loses by less than 100 we should do the whole thing over? Does that sound insane to anyone else? What happens if in the "do-over" the result is the same? Should we then monitor what people have learned since the election which may sway their votes?

Imagine if that was the solution everywhere:
The Rays lost to the Sox by 1 run- Should we play the game over because it was so close?
The Titans lost a superbowl by 1 foot a few years ago. Should they do-over the game because the result was so close?
I failed a test by one question. Should I get another shot at passing because of it?

[cvarner]

Yeah, who's ever heard of a run-off election? You know, like the one going on in GA today.

That's crazy talk, dontcha know!