Faced With Setback, Franken Camp Vows To Fight On
The Franken camp, faced with a big setback today, is regrouping for the moment but vowing to fight on -- and may even contest the election result in court or the United States Senate itself later on.
The Franken campaign just held a briefing with reporters to respond to the news that the state canvassing board turned down their request to re-examine absentee ballots that may have been wrongly thrown out, and they announced they're not appealing the decision for now.
"We are not going to appeal today's decision. We believe it is important, as I have said over and over again, that this process be permitted to play out in an orderly fashion," said lead Franken recount lawyer Marc Elias.
Elias did, however, add that the canvassing board members did express their concerns about the existence of votes that aren't being counted. "We are encouraged however that the board is going to continue to deliberate and consider this matter further," said Elias.
And Elias did not close the door on challenging the result -- far from it.
"There are a number of ways this can happen, whether it is at the county level, before the state canvassing board, before the courts of Minnesota, or before the United States Senate, we do not know," said Elias -- but they will see to it that every vote is counted.
In yesterday's update of the race, I hoped that this doesn't repeat the previous ultra-close Minnesota election that took until March of the following year to resolve. I might not be getting my wish.
Late Update: Harry Reid just released the following statement, essentially endorsing Franken's efforts to keep fighting:
"Today's decision by the Minnesota Canvassing Board not to count certain absentee ballots is cause for great concern. As the process moves forward, Minnesota authorities must ensure that no voter is disenfranchised. A citizen's right to have his or her vote counted is fundamental in our democracy."
This statement seems to point to the possibility that Franken could have the national Dem leadership on his side if he were to narrowly lose the recount, and then try to dispute the result's legitimacy at the Senate.
Ok, this may sound mean, but is anyone else getting tired of the franken/coleman mugs and ongoing saga? I'm getting tired of seeing their mugs constantly. It just reminds me of how dems screwed up this easy pick-up so badly. How frustrating.
November 26, 2008 2:56 PM | Reply | Permalink
Explain, exactly, how the Dems screwed this up. The Dems haven't won a major statewide election since Wellstone, and are dealing with a spoiler third party whose lone effect has been to keep scumbags like Norm Coleman in office.
November 26, 2008 3:12 PM | Reply | Permalink
Couldn't they come up with a better candidate? In all of minnesota? There wasn't a statewide dem with some cred to pick off coleman? I really find that hard to believe.
November 26, 2008 3:14 PM | Reply | Permalink
I live in Minnesota, and I've gotta clue you in on something: we--meaning the Democratic voters--actually CHOSE Franken to be our nominee. Yes, believe it or not, he wasn't picked by some secret backroom cabal of power elite types. He was actually selected by the voters. Amazing, no?
November 26, 2008 3:29 PM | Reply | Permalink
I get it, but maybe if you had more choices, you might have picked someone else, right? Like if the dem establishment recruited another person to run fair and square against franken. I'm not implying that he wasn't picked by the dems in the primary. It's just that the pickens were slim.
November 26, 2008 3:35 PM | Reply | Permalink
No, the pickin's weren't slim. Many of us liked Franken a lot. We were even excited about his candidacy. We chose him to run against Coleman--intentionally and happily. And if it hadn't been for the pointless vanity campaign of that goddamn ignorant bastard Dean Barkley and the goddamn ignorant bastards who voted for him, Franken would have won easily.
November 26, 2008 3:39 PM | Reply | Permalink
Ok, my bad.
November 26, 2008 3:40 PM | Reply | Permalink
Franken got Nadered. :)
November 26, 2008 3:42 PM | Reply | Permalink
Exit polls showed Barkley pulled about equally from Franken and Coleman. Democrats should have picked up this seat. Franken would certainly have made a better Senator, but he wasn't a very strong candidate. I don't think he could shed the Jewish - liberal - elitist - carpetbagger image. He doesn't connect easily with common folk. I liked his radio program, but unlike Randi Rhodes and others, he would never take calls from average people. He seemed to think they were too ignorant to be on his show.
November 27, 2008 12:00 AM | Reply | Permalink
What a arrogant and misinformed hierarchical viewpoint. If you might read Sikota's book about the democratic uprising "picking" Democratic Party candidates is no way to win. In MT they hand picked a guy and Tester beat him and the GOP incumbent to boot. The same for Webb in VA.
The issue is not picking candidates like corporations pick products it is bringing about progressive change.
Here is the issue to moan about. Obama carried the state in a statewide election so a Democrat has won a statewide. The issue is that the Dem's and the statewide campaign meaning Franken had to build a big enough and good enough grass roots volunteer network. If Franken loses by the margin he talking about it is the difference of a precinct---that is what you should be moaning about. Getting another 500 voters to the polls and casting a ballot.
November 26, 2008 3:46 PM | Reply | Permalink
I did not say pick. I said getting some other dems to run in the primary to give people a choice in the primary. That was the point and I already got smacked down by hrebendorf on franken. No I don't think the candidate should be "picked"; however, dem leadership can try to talk people into running who they think would make a good candidate. I don't see a problem with that.
November 26, 2008 3:50 PM | Reply | Permalink
Incidentally, tester and webb are two of my favorite senators. I wanted obama to pick webb for vp. By the way, I actually thought that webb was encouraged to run by the dem establishment in va? Same with tester by the way. Didn't the DSCC encourage them to run in the primaries?
November 26, 2008 3:52 PM | Reply | Permalink
Not quite accurate. The third party also gets credit for keeping Norm Coleman OUT of the Governor's office when Ventura beat him in 1998. The much-derided Jesse the Body is the guy who derailed the timetable for Norm's insatiable ambition to get to the White House. For which we all should give thanks!
November 26, 2008 3:38 PM | Reply | Permalink
"The Dems haven't won a major statewide election since Wellstone..."
Um, Amy Klobuchar?
November 26, 2008 8:12 PM | Reply | Permalink
Anyone thinking that the Minnesota seat was "an easy pick up" doesn't know Norm Coleman or Minnesota politics! Norm is the most adroit politician in this state since the days of Hubert Humphrey. And whom did the Democratic-Farmer-Labor Party have to challenge him? No experienced politician was willing to discard a safe Congressional or legislative seat, so the choice came down to Franken, or rich lawyer Mike Ciresi (a political tyro) or anti-war professor Jack Nelson-Pallmeyer (totally unknown outside the 5th CD.) Nelson-Pallmeyer started late and couldn't catch up to Al . . . but if nominated, would have been even more of an underdog than Al. Don't forget that Norm was comfortably ahead in almost all preliminary polling.
So this never would have been an easy pick-up. Only if Alan Page had stepped down from the State Supreme Court in order to file for Senate would there have been a fair chance to win this one---and I doubt Justice Page was willing to do that. There is no other DFL-er of sufficient stature and popularity to be able to level the field against Norm.
Incumbent Senators are hard to beat and the Dems got several good breaks this year. The impressive thing to me is how close Al came to winning, considering the sustained, vicious character assassination campaign run against him, and considering he has never run for office before and doesn't have the personality of a natural politician.
As to how long this stretches out---I don't mind as long as it keeps Norm "in the clinch."
There was a crooked Republican named Tom Schall who won a Senate race in Minnesota in 1924, but didn't get seated by the Senate for another 20 months. He was accused of shaking down bootleggers for campaign cash, and promising immunity from prosecution as a payoff. Schall wiggled out of it by putting the blame onto his campaign manager--who went to jail.
There was a chance that Paul Wellstone would have defeated Norm in 2002 . . . but that was a very close election, too. Sen. Wellstone was ahead with ten days to go when tragedy struck. But Norm always finishes strong, so even Wellstone wasn't a "shoo-in." After Norm first started winning elections, the only one to defeat him was Jesse Ventura, in a 3-way race for Governor in 1998.
November 26, 2008 3:31 PM | Reply | Permalink
Alan Page, now that would have been a good nominee. Norm wasn't polling that well in the lead up, I remember watching the polls. Also, obama would have had huge coattails for Page. What a shame he didn't run.
One problem with franken, among many for me, is that he basically established a minnesota residence to run for the minnesota seat. That's kind of pathetic. Especially, franken of all people.
November 26, 2008 3:40 PM | Reply | Permalink
Well Franken grew up in Minnesota so that makes him a hometown boy who went out and did well. I wouldn't understand him well on SNL or the USO tours, but if you read his books or hear him on radio you get how smart he is. His fearless humor would be a great weapon against the arrogance of the right wingers, especially the xtians.
This battle will end up in the Senate itself for final disposition. With a fat majority I am sure Franken is in the club. Good. Bush was President in 2000 with 500,000 less votes than Gore.
The final vote count is a virutal tie because the margin up or down is held within the hundreds of ballots with unusual markings. The ones I have seen online are anybody's guess.
November 26, 2008 6:45 PM | Reply | Permalink
Got me on the minnesota roots and I am sure that he is a very smart guy. I am just not sold on him and he doesn't impress me in the least. I know it's completely irrelevant, but he really doesn't do it for me and frankly notwithstanding the vote, I am not all gung ho about him being in the senate. I liked gopher from the love boat better. Being a sharp and biting wit, doesn't totally correlate with being a good legislator and a leader in my book. I'd take a jim webb or a john tester any day before a stand up comedian. Just sayin.
November 26, 2008 8:23 PM | Reply | Permalink
You should read his books. He is an intelligent man, and he's knowledgeable on policy. After all, he hosted a policy-based radio show for years.
November 27, 2008 10:04 AM | Reply | Permalink
Thanks for clarifying my impressions of the MN political landscape.
Unfortunately for Al, he was one of the best political commentators in America (via his writing for Saturday Night Live in the late '70s), decades before blogging became the means by which hip people get their news. I guess that's why he doesn't seem to get a ton of love from the blogosphere.
But, c'mon, Minnesota. Norm Coleman? Seriously?
November 26, 2008 3:44 PM | Reply | Permalink
Wait, this is a Senatorial race, it's within 84 votes, it could mean a veto-proof majority, and you're "tired of the saga"?? Were you by any chance "tired of the saga" in December 2000 as well?
November 26, 2008 3:56 PM | Reply | Permalink
Franken has little to do with overriding filibusters at this point. Obama is well north of 60 votes with the blue state republicans up for reelection in 2010 and the maine senators. On 2000, I wasn't following every hanging chad three times a day or more and it was a completely different situation. I guess frankly I am not inspired by either franken or coleman and maybe that has alot to do with it. If I lived in minnesota, I would probably have a different perspective.
November 26, 2008 4:02 PM | Reply | Permalink
Excellent point about the legendary "60 Senate votes" (counting Lieberman?!?) The test will come on Supreme Court nominations, don'tcha think?
Although I realized it would be difficult for Al to enter the electoral arena (I had read most of his books, including the obscure one "Why Not Me?"), I also believed he potentially could win this race (I had read his books!!!) He is fearless, brilliant, and compassionate---the main problem was, they put him on the defensive even before the campaign started.
Still, it isn't quite over yet. I know Al was a high school wrestler, and those guys can be tenacious. I went over the campaign office today to give another small donation. I encourage anyone else to do likewise. When no one else had done it effectively, Al Franken stood up and challenged Limbaugh, O'Reilly, Hannity and the rest of the liars. He did it for us, and for America. That's what a patriot looks like.
November 26, 2008 5:14 PM | Reply | Permalink
I'm with Michael.
Franken's forkable anyway
November 26, 2008 3:05 PM | Reply | Permalink
Of COURSE they're going to appeal this decision.
The board did NOT rule on the ballots themselves. They merely said that THEY ARE NOT THE PROPER PEOPLE TO FO THE JUDGING.
That is the job of any eventual body that actually judges the ballots on their legality.
November 26, 2008 3:09 PM | Reply | Permalink
Here's link to a great blog over at Kos that lists (with brief biography)50+ public servants who resigned/retired/quit in protest of the Bush Administration practices - http://www.dailykos.com/story/2008/11/26/12030/317/465/666681 - Obama should start his hiring by looking at these folks.
Where have you gone Bunny Greenhouse...
November 26, 2008 3:28 PM | Reply | Permalink
What a cool link, Jonze. You always have the best.
November 26, 2008 3:31 PM | Reply | Permalink
By the way, in 2006 we DFLers won a statewide race when Amy Klobachar clobbered her GOP opponent for US Senate.
That race also featured an Independence Party candidate, but one with a much lower profile than Dean Barkley.
The DFL has done a poor job of putting forward good candidates for Governor. Mostly its been party insiders like Skip Humphrey, Mike Hatch, etc. But Franken was, in my opinion, our best option. A serious liberal/progressive with great fund raising abilities. Norm, as has been said, is a crafty politician who one defining attribute is his own political survival.
November 26, 2008 5:20 PM | Reply | Permalink
Did the board give a reason for the refusal? It looks like the real difference in the race will be one of an experienced candidate against an inexperienced one. By that I mean one who is skilled in campaigning and running in an election. Franken had a shaky start, IIRC, while he developed his campaigning skills. Once he got them, he improved his position, but still had things to overcome.
November 26, 2008 5:24 PM | Reply | Permalink
Yes, the Board gave a reason. It said the statute doesn't allow contesting rejected absentee ballots as part of the recount procedure but indicated they might be challenged as part of some other procedure. It's actually what the statute says - accounting for the unanimity of the Board's decision. It appears they will be examined and counted at some time (if found to be improperly rejected) but this might occur after the Secretary of State has certified a winner. (The certification could be then undone by a court order).
November 26, 2008 5:50 PM | Reply | Permalink
The statute says, "Only the ballots cast in the election and the summary statements certified by the election judges may be considered in the recount process."
I consider someone who voted by mail to have cast an absentee ballot when he put it in a mailbox.
The word "absentee" doesn't appear in the recount statute.
The board could have decided to review absentee ballots, but didn't.
November 26, 2008 8:46 PM | Reply | Permalink
Methinks it's over for Franken. Perhaps he can write a book about his experience running for Senator.
November 26, 2008 7:58 PM | Reply | Permalink
Instead of calling it "Why not me?" just leave off the question mark.
November 26, 2008 8:14 PM | Reply | Permalink
I am just about ready to give odds that this is goling to the Senate for a final resolution. If this is the final resolution, that some allegedly good ballots won't be looked at by the canvasing board, how could it not end up there?
November 26, 2008 9:37 PM | Reply | Permalink
Theoretically, this election COULD be contested in the Senate. There is lots of historical precedent--Brookhart in 1924, Durkin in 1974 [not sure of date], Schall in 1924 as I mentioned in an earlier post, and others.
I would like to see Franken's campaign take the contest to the Senate--not for Franken's sake, but for the people of Minnesota.
And also to heighten and illuminate the utter moral and political bankruptcy, fecklessness, and cowardice of the Senate Democratic leadership. You see, they have embraced and rewarded Joe Lieberman--who campaigned for Coleman--but they will do their utmost to dissuade and discourage Al from appealing to the Senate.
Say, if Franken did appeal it, how do you think Lieberman would vote---with or against the Democrats?
November 27, 2008 1:18 AM | Reply | Permalink
wellstone had that offensive partisan funeral that was disrespectful to bush who was trying to rally the country around the war he was having to start. and that is why minnesota will never trust dems again. franken supported the partisan funeral by the way. coleman is a brave man who has stuck with bush through thick and thin. his moral campass is true. he doesn't make off color jokes at women's expense. he is not an egotist. if he had to have a funeral. it would be appropriate.
November 27, 2008 8:04 AM | Reply | Permalink
Well, I'm really of mixed feelings here. Certainly I'd like to see us at 59 Senate seats (I'm pretty pessimistic about Georgia). But I also wonder about what the mood of the country will be if this gets decided in the US Senate. It will give the Republicans a hell of a talking point/rallying point. Even moreso, I believe, than was the case with Dems in 2000, who sort of howled but then got overshadowed by 9/11. If this does go to the US Senate, then it is essential that it be air-tight in respect to the validity of the Franken case/the ballots in question. And I also wonder if Obama will weigh in. If he didn't want Lieberman bounced then will he want to antagonize the Senate Republicans over this? A real dilemma for me. Which would be resolved if I could really believe that those on-again/off-again Maine Senators would be voting with us on important issues.
November 27, 2008 2:24 PM | Reply | Permalink
ps - andyfrombrooklyn. Glad to see there's still one person out there blindly echoing Republican talking points. Where would our Daily Chuckle be without a handful of you guys still around. And I don't think you have one iota of knowledge of Minnesota voters.
November 27, 2008 2:27 PM | Reply | Permalink
I second what Joe at MNCR said:
"But a view from inside the recount operation shows just how the Coleman operation is working: not just challenging questionable ballots, but challenging ballots that are clearly Franken votes for the sake of challenging Franken votes, tamping down any possible gains Franken might make in the official tally.
Emerging accounts indicate that ballots with clear intent — an X instead of a filled-in circle, with no other confusing marks, for example — are being challenged by Coleman-affiliated observers. One account indicated that a Coleman observer challenged a clear Franken vote because apparently, “the dots were too big.” In another case, a Coleman volunteer challenged a ballot and was told by the attorney on hand that it was a clear Franken vote, but if they wanted to challenge it “tit-for-tat”, to go ahead."
This goes along with what Nate Silver at FiveThirtyEight.com was saying a little bit ago: Team Coleman may be artificially buffering their ballot lead by frivolously challenging ballots. A ballot challenged is a ballot that goes uncounted for now and while (hopefully) those ballots, if truly frivolous, will quickly be reinstated as a Franken vote when reviewed, it helps Coleman’s public-political position to be able to go into the challenged ballot process with a vote lead.
November 28, 2008 3:58 PM | Reply | Permalink