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

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First Posted: 12- 1-08 03:04 PM   |   Updated: 01- 1-09 05:12 AM

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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.

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 v...
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 v...
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- Pacific231 I'm a Fan of Pacific231 9 fans permalink

Nate Silver predicted Franken wins by 24 votes...th­at's where my money is

    Favorite    Flag as abusive Posted 05:11 PM on 12/01/2008
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Absolutely. Nate Silver has been more accurate in polling than anyone out there

    Favorite    Flag as abusive Posted 05:26 PM on 12/01/2008
- truth2008 I'm a Fan of truth2008 10 fans permalink

Agree 100%, Nate is ALWAYS right!

    Favorite    Flag as abusive Posted 06:36 PM on 12/01/2008
- buckbuck11 I'm a Fan of buckbuck11 13 fans permalink

Appeal to the Senate. It's about time Dems got saavy about how to play the game by using the rules to their advantage for a change.

    Favorite    Flag as abusive Posted 05:03 PM on 12/01/2008
- SammyGone I'm a Fan of SammyGone 5 fans permalink

Yea, appeal to the senate, Harry Nancy & Co. will fix it.

    Favorite    Flag as abusive Posted 05:37 PM on 12/01/2008

Nancy's in the House of Representatives, idiot.

    Favorite    Flag as abusive Posted 05:53 PM on 12/01/2008
- JackND I'm a Fan of JackND 28 fans permalink

The Coleman campaign finds the constitution "troubling"?

    Favorite    Flag as abusive Posted 05:01 PM on 12/01/2008
- helonias I'm a Fan of helonias 249 fans permalink
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When will the gov fix our election process so it will work right

    Favorite    Flag as abusive Posted 04:58 PM on 12/01/2008

Don't you understand , neither want it it work right.. If thedemocrats would have been interested in fixing it , they would have started already..
There is nothing but a hair different between the republicans and the democrats anymore...
Most of the real democrats have gone and have republicans taking their places on our democratic ticket...

    Favorite    Flag as abusive Posted 05:44 PM on 12/01/2008
- buckbuck11 I'm a Fan of buckbuck11 13 fans permalink

Oh, yeah, Bush and Obama are exactly the same.

Yeah, right.

    Favorite    Flag as abusive Posted 01:52 PM on 12/02/2008

/thank goodness Franken lost.

    Favorite    Flag as abusive Posted 04:49 PM on 12/01/2008
- demrepub I'm a Fan of demrepub 48 fans permalink
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Franken will not win the recount. Even after the challenged ballots are resolved he will still be down by 200-300 votes. The only way he wins is if the courts rule that rejected absentee ballots must be counted. I suspect the courts will rule that absentee ballots "wrongly" rejected by county election officials (e.g., rejected for no signature on the outside, but there actually was a signature) will have to be counted. The problem is that is a very small number of the rejected absentee ballots and will probably not be enough to get Franken over the top. At that point, Franken's only hope is the senate stepping in to resolve the election. They could force a reelection but that would be a monumental mistake as it would likely be seen at the Democratic senate's attempt to steal the election. Given that Chambliss is likely to win in Georgia and there is no way to get to 60 votes anyway, I really doubt that Reid will go to those lengths to help Franken. And the bottom line is, he shouldn't. If all the votes legally cast are counted and Coleman wins, then so be it. We cannot be the party of count every vote and then ignore election results just because they do not go our way.

    Favorite    Flag as abusive Posted 04:37 PM on 12/01/2008
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My goodness. You certainly are a "know it all". We all bow to your superior knowledge.­...NOT!

    Favorite    Flag as abusive Posted 04:51 PM on 12/01/2008

Big words. We'll see.

    Favorite    Flag as abusive Posted 05:09 PM on 12/01/2008
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"Missing ballots"? Something smells.

Either they can reoncile the total ballots cast with the recount totals or they can't. If not, I would go to trial over it. It's that close, according to the sources.

    Favorite    Flag as abusive Posted 04:17 PM on 12/01/2008
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meant reconcile. darn typos.

    Favorite    Flag as abusive Posted 04:31 PM on 12/01/2008
- CR46 I'm a Fan of CR46 260 fans permalink

Hang tough Al, we're rooting for you!!!

    Favorite    Flag as abusive Posted 04:11 PM on 12/01/2008
- lbrillante I'm a Fan of lbrillante 7 fans permalink

I agree that he should do everything in his power to pull this off. I do not understand what is going to happen to all of the challenged votes. Missing ballots? What???? That should not be possible. THAT is a reason to fight hard!! for this win!!

    Favorite    Flag as abusive Posted 04:06 PM on 12/01/2008

Don't Sleep, fight and if you have to take it to the Senate, then so be it! Voices cannot be silenced any more!!

    Favorite    Flag as abusive Posted 03:56 PM on 12/01/2008
- Ramirez I'm a Fan of Ramirez 277 fans permalink
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Franken will be a lock if he can convince Harry Reid to step in. The Senate is just too important to be left to voters.

    Favorite    Flag as abusive Posted 03:56 PM on 12/01/2008
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All we want is to have all legal ballots counted by those who voted.
BTW, glad to see your strong support for an alleged criminal, NC.

    Favorite    Flag as abusive Posted 04:19 PM on 12/01/2008
- doctorwang I'm a Fan of doctorwang 193 fans permalink
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"In these counts, it should be noted, Coleman has challenged more ballots -- accounting for the larger deficit that Franken faces in the official count."

Tell that to Normie.

    Favorite    Flag as abusive Posted 04:41 PM on 12/01/2008
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So you would rather they not count all legal votes? I'm not surprised since the law means nothing to Republicans.

    Favorite    Flag as abusive Posted 04:55 PM on 12/01/2008

the voters are more important. now if we can find the missing ballots.

    Favorite    Flag as abusive Posted 04:59 PM on 12/01/2008

The Senate is just too important to be left to voters. Words spoken by a true progressive. What's next, if a Democrat is down by only 1000 votes then send it to Congress to pick the Democrat. Next, progressives will be saying The Senate and the House are too important to be left to voters so lets cancel the election after all it is for the good of the country.

    Favorite    Flag as abusive Posted 06:14 PM on 12/01/2008
- kellygrrrl I'm a Fan of kellygrrrl 641 fans permalink
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Go Get 'em, AL!!!!!

    Favorite    Flag as abusive Posted 03:55 PM on 12/01/2008
- darthdarcy I'm a Fan of darthdarcy 48 fans permalink
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Al Call for a Run Off Election..­..you'd win hands down..!

This race is too tight, and will never really be honestly certifiable with these games played with the votes...

Run Off, do over..!

    Favorite    Flag as abusive Posted 03:51 PM on 12/01/2008
- bannorhill I'm a Fan of bannorhill 33 fans permalink

So if Franken is behind by 20 votes you change the law. And bygollymissmolly thinks the law means nothing to the Republicans. Democrats seem to ignor the law when it suits their purpose.

    Favorite    Flag as abusive Posted 09:57 PM on 12/01/2008
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