Franken The Likely Winner As Minnesota Recount Heads To Finish Line
Late Update: Norm Coleman's apparent lead has been cut to a mere five votes at the close of business today, according to the running vote count from the Star Tribune, down from a 358-vote lead last night. Al Franken seems poised to take the lead tomorrow as the state canvassing board sorts through the remaining hundreds of ballot challenges from the Coleman campaign, which have been mostly frivolous attempts to throw out Franken votes.
Don't look now, but it looks like Al Franken may win the Minnesota Senate race.
A series of developments in the last few days have given the very strong impression that Al is suddenly in a position to prevail -- and a resolution of the fight might even come as early as tomorrow.
For those of you who haven't been playing close attention to every twist and turn in the recount fight, let's take stock of where we are, a month and a half into this epic struggle of vote-counting and legal battles that has seen the conventional wisdom swing dramatically from one side to the other.
Franken is still nominally behind in the vote count. But he's been steadily gaining on Coleman all day today, and the pace things have been going at points to a very narrow Franken win when the dust is settled.
The Minnesota state canvassing board has spent this week reviewing disputed ballots, which either side is arguing should be counted as a vote for themselves or not counted for the other guy. The board spent the last two days almost entirely on Franken's challenges, and is now getting started on Norm Coleman's.
We now have a good idea of the merits of Coleman's ballot challenges, a crucial missing piece of the puzzle here: They mostly stink, and Coleman is doing much worse than Franken did when the board was reviewing Al's challenges over the last two days.
If this math continues -- which seems likely, but could go either way -- Franken will very likely win.
Here's how we got to this point.
Initial Recount Helps Franken
Coleman led by around 600 votes the morning after the election, and things looked very good for him. An automatic recount was triggered under state law, but it hardly seemed possible for Franken to win. But over the next few days, localities began adjusting their spreadsheet errors, a standard process in almost all elections -- revealing that the race was even closer than originally thought, at a 215-vote Coleman lead, or a 0.007% margin out of 2.9 million votes.
Then came the actual recount, as those millions of ballots were sorted and counted by hand. More votes started turning up, ranging from ballots that were marked too lightly for the optical-scan machines to read them, to ballots that weren't counted because of outright machine breakdowns on Election Night. And the anecdotal evidence was that these instances were breaking for Franken.
One thing served to hide all this, though: The state's recount procedure allows either campaign to dispute a local official's call on a ballot, taking all those votes completely out of the count until they came to the state canvassing board for review this week. The campaigns issued thousands of these challenges, mostly frivolous, in an apparent game by the Coleman campaign to manipulate the totals and public opinion.
But now those ballots have come up for review, with Franken's challenges going this past Tuesday and Wednesday, and Coleman's starting today. And a clearer picture has been emerging.
Coleman's Challenges Largely A Bust
What's become clear is that the vast, overwhelming majority of Coleman's challenges have been efforts to not get ballots counted for Franken. By contrast, Franken had a decent number of challenges designed to get his own votes counted, on top of his mostly-failed efforts to get apparent Coleman ballots tossed. Coleman had very few of these -- almost none, really.
The result is that most of Coleman's challenges to Franken's votes were a bust, while some of Franken's efforts to get ambiguous ballots into his own column largely held up. To be sure, the possibility still exists that there could be actual meritorious Coleman challenges coming down the pipeline, but the pattern seems to be established in Franken's favor.
And by the way, the challenged ballots also provide some great comedy. The infamous "Lizard People" ballot was not counted for Franken, but another ballot in which the voter filled in the Franken oval and then added writing to Al's name so it read "Al Frankenstin" (sic) was in fact given to Franken. So Franken may well be a grotesque monster, but that person clearly voted for him.
The Absentee Ballot Controversy
Then there's the question of absentee ballots that were improperly rejected because of clerical efforts. The Franken camp has been hammering away to get them readmitted, and Franken won a big victory this past Friday when the canvassing board ruled in favor of readmitting them. That prompted the Coleman campaign to go to the state Supreme Court to stop the counting of any such votes. A ruling is expected any day now. If they rule for Coleman, Franken could still win. And if they rule against Coleman, then it's over, because these votes are expected to break solidly for Franken.
Of course, that still wouldn't mean it's over for good. The Coleman campaign has made an opposite complaint about absentees: That due to clerical errors, some of them might have been counted twice. If Franken wins by just a few votes, this could become the legal basis of a legal challenge to the whole election.
So What's Next?
The canvassing board has said they hope to certify the election and declare a winner by tomorrow. It doesn't seem likely that they can pull it off, but it just might happen. No matter when they certify it -- and no matter who they certify it for -- the state fully expects the other candidate to file a legal challenge of some kind. And those challenges could potentially go all the way to the final authority on the legitimacy of Senate elections: The U.S. Senate itself.
But as of right now, it looks like Franken will win. It just might take awhile.















I know I will be promptly chastized on this forum for expressing this opinion, but whoever may be the "winner" it is better for the state senate to refuse to ratify the results and order a special election.
None of them will have any confidence or mandate and legitimacy of victory will be in question eternally.
Missing ballots, newly found ballots, disputed ballots- too many questionable events.
December 18, 2008 4:37 PM | Reply | Permalink
Huh, why does the state senate get the final say?
Is this anothe arcane Minnesota law or regulation?
December 18, 2008 4:46 PM | Reply | Permalink
Actually, that's the U.S. Senate. The people who decides who's credentials are legit and should be allowed to sit. It's the reason why Blago isn't appointing anybody - because a large enough majority has already concluded that anyone Blago appoints lacks legitimacy due to the pay for play scandal. In the Coleman/Franken case, they will probably go with the Minnesota state canvassing board's conclusion and seat whoever they sent to Washington.
December 18, 2008 5:02 PM | Reply | Permalink
There have been many elections with similarly small margins. Maria Cantwell won her Senate seat in 2000 by 0.09%. There have been others with even smaller margins, but I'm too lazy right now to look them up. I don't recall anyone questioning the legitimacy of those elections.
December 18, 2008 4:48 PM | Reply | Permalink
The 1948 runoff election for senator in Texas is infamous. From the Wiki
Johnson was assigned the nickname "Landslide Lyndon" for this result, until he became more famous in the 1950s as a powerful senator.
This was a primary election in the Democratic party, not the November election. But in those "Solid South" days, the Democratic primary winner was a sure thing.
December 18, 2008 5:29 PM | Reply | Permalink
No, too many spurious questions, the intent of which is to muddy the waters so that people like you will conclude that Coleman should get a mulligan. Minnesota will do what they have to do.
December 18, 2008 4:50 PM | Reply | Permalink
Precisely so!
December 19, 2008 12:09 AM | Reply | Permalink
I'm not sure which "them" you're referring to but, there's absolutely no need for a special election. Whoever wins, there's going to be grumblings any ways and Minnesota law is clear and is being followed in a very strict and transparent manner. The state supremes had it right; Minnesota is not Florida.
December 18, 2008 5:04 PM | Reply | Permalink
Not to mention the cost for a special election. I disagree Kash. If it goes to the US Senate, then so be it. Those are the rules.
December 18, 2008 5:31 PM | Reply | Permalink
Not to mention that a special election chich changes which candidate wins would result in less legitimacy than the initial result. Special elections have much lower turnout than general elections, especially presidential-year general elections, and usually turn entirely on party GOTV effectiveness, not issues or candidate preferences. A new election with a tiny turnout isn't going to give anyone a "mandate."
Here's what's actually going to happen: If Coleman wins, Democrats will grumble, but accept the result because there is no evidence of wrongdoing. If Franken wins, Republicans will say he has no confidence and question his legitimacy forever because that's what they do.
It's because we think elections are about determining the will of the people, and they think elections are about winning. No amount of do-overs will change that.
December 18, 2008 7:00 PM | Reply | Permalink
If Franken wins, Republicans will say he has no confidence and question his legitimacy forever because that's what they do.
Well, for six years, anyway, and that's assuming he's a complete screw-up in office.
Once he's re-elected, there won't be much point, except from the rabid rabbit-wringers of the far right.
December 19, 2008 9:05 AM | Reply | Permalink
If Franken wins, Republicans will say he has no confidence and question his legitimacy forever because that's what they do.
Well, for six years, anyway, and that's assuming he's a complete screw-up in office.
Once he's re-elected, there won't be much point, except from the rabid rabbit-wringers of the far right.
December 19, 2008 9:11 AM | Reply | Permalink
A special election? So they can go through all of this again?
December 18, 2008 5:26 PM | Reply | Permalink
Well, you were right about one thing. You've been promptly chastized for expressing this opinion. And deservedly so, I might add. There are no mulligans in politics. Do you know how many elections are a potential crap shoot?
December 18, 2008 6:16 PM | Reply | Permalink
We didn't get a do over in the 2000 presidential and that was a hell of a lot more screwed up than this one and not nearly as close, (Gore had more votes even in Florida). The canvassing board is a fair representation of Minnesota voters. The law is the law and this idea that we should change or circumvent inconvenient laws is both Rovian and dangerous.
December 18, 2008 7:20 PM | Reply | Permalink
I'm not sure why a Senator needs a mandate. Senators just vote and sit on committees. They don't actively govern.
December 18, 2008 7:44 PM | Reply | Permalink
A Senator doesn't need a "mandate" - ask Mary Landrieu
All a Senator needs are Deep Thoughts
December 18, 2008 7:48 PM | Reply | Permalink
For that matter ask my man Mentum about mandates
December 18, 2008 7:51 PM | Reply | Permalink
If the pending Coleman indictment(s) goes through most people might just not worry about how close the results are.
December 18, 2008 9:11 PM | Reply | Permalink
looks like it all comes down how many absentee ballots get counted. 'fifth pile' ballots probably give franken roughly a net 100 votes.
according to franken, before the absentees, and assuming the canvassing board rejects all challenges, then franken by 4.
franken has already, and coleman is on pace to each win roughly 100 challenges. so roughly a tie without pile 5.
December 18, 2008 4:52 PM | Reply | Permalink
I think your assumptions are incorrect. Coleman has challenged twice as many ballots as Franken, so if they win the same number, that means Coleman will lose twice as many. Losses are mostly votes for the opponent, so that's a big net gain for Franken. As of this moment, Coleman's lead stands at 36 and it's shrinking fast.
December 18, 2008 5:29 PM | Reply | Permalink
assuming franken's squeaker of 4 is correct, which assumed all challenges to local decisions would fail. Each accepted challenge changes the count by 1. Failed challenges don't change the count.
If they both have the same number of accepted challenges then franken should win by 4.
franken won approx 115 challenges. coleman currently is projected to win 110 challenges. Which would be franken by 9, only there is more than a little uncertainty in these numbers.
December 18, 2008 5:42 PM | Reply | Permalink
Coleman's lead is now down to 15. It appears his challenges have been so meritless, he will have trouble winning 100. I think Al underestimated. At the rate they're going he's going to have a much bigger lead than that.
December 18, 2008 5:50 PM | Reply | Permalink
....7
December 18, 2008 5:53 PM | Reply | Permalink
....5
December 18, 2008 6:04 PM | Reply | Permalink
2
December 18, 2008 6:16 PM | Reply | Permalink
i don't think its looking so good.
1. i think the method of counting accepted challenges is more accurate than anything else i've seen. By that method it is very close.
2. my interpretation of the sc decision is that pile 5 votes are not going to be counted.
December 18, 2008 7:18 PM | Reply | Permalink
Eric, when you say Coleman's challenges stink, you're being much too kind. He's going to lose almost all of them. If the rest of them are like these, Franken isn't going to need the absentee ballots.
December 18, 2008 4:53 PM | Reply | Permalink
I think Kash79 meant the U.S. Senate, not that I agree with his argument.
December 18, 2008 4:54 PM | Reply | Permalink
Made my day!
December 18, 2008 4:58 PM | Reply | Permalink
Ditto.
December 18, 2008 5:34 PM | Reply | Permalink
==================
Secretary of State Mark Ritchie said the board would not certify a winner Friday, and there were new signs that court challenges lie ahead and could push Minnesota's process of selecting a Senator into 2009.
http://www.kare11.com/news/news_article.aspx?storyid=532595&catid=14
===================
December 18, 2008 5:11 PM | Reply | Permalink
All this is coming down to what 538.com said from the beginning, Franken might go over the top tomorow with the contested ballots...appears Franken is down 90 or so with 450 or so to be reviewed.
The missing 133 might be moot in that those absentee ballots of 1600 or so counted where the break I heard was 55-35-10%
880 to 560 to 160
Then that is over a difference of 320....Coleman can go home very disappointed....beaten by a comedian, talk show host and author.
December 18, 2008 5:15 PM | Reply | Permalink
... and Senator. :)
December 18, 2008 5:19 PM | Reply | Permalink
Makes me wonder, after Franken wins, will the "authorities" still delve into the Coleman couple's shady Texas contributor intrigue?
December 19, 2008 11:07 AM | Reply | Permalink
Makes me wonder, after Franken wins, will the "authorities" still delve into the Coleman couple's shady Texas contributor intrigue?
December 19, 2008 11:10 AM | Reply | Permalink
What is the record for the longest recount for a senate election since the 17th amendment was ratified (1913), providing for the popular election of senators?
December 18, 2008 5:21 PM | Reply | Permalink
59D*-41R. I like the sound of that.
(* Actually 57D(2I)-41R)
December 18, 2008 5:29 PM | Reply | Permalink
I think Franken got jobbed on the Lizard People ballot. The argument was that writing “Lizard People” in the write-in line made it an overvote, even though the Franken oval was filled in and the write in oval wasn’t.
Yet, IIRC, there was a ballot that had both Coleman’s and Franken’s ovals completely filled in, but because Franken’s oval also had an “X” over it, they said that the voter intent was a vote for Coleman. If they can determine voter intent on that ballot, why not on the Lizard People ballot?
December 18, 2008 5:29 PM | Reply | Permalink
There were quite a number of ballots with both ovals filled in and an X over one. They have been consistent in interpreting the X as indicating the voter intended to "cross out" that error. To me it could just as easily be interpreted as the voter indicating who he really wished to vote for. Meh. At least they're being consistent.
The Lizard People discussion was comedy gold. It's at the end of the article:
http://www.startribune.com/politics/national/senate/36372934.html?page=2&c=y
December 18, 2008 5:41 PM | Reply | Permalink
Not if there is only one oval filled in with an X over it. If you look at the entire ballot, this voter also put the X over the filled oval on a couple of his write-ins for Lizard People.
How many people knew that putting a name in the write-in line is counted as a vote even if the oval isn't filled in? That’s not intuitive, since the expectation is that the ballot is going to be counted by a machine, which almost certainly in this case counted this ballot for Franken.
Considering some of the other ballots where they decided that they could ascertain voter intent, I’m just puzzled that they couldn’t see voter intent here.
December 18, 2008 11:33 PM | Reply | Permalink
Apparently there's a specific rule that says writing in a name counts as a write-in vote, even if you don't fill in the oval for the write-in (which is generally a good thing.) So by the basic rules as stated, filling in another oval and writing in a name is an overvote. Unlike with the X, there isn't a solid argument to say which one was the intended vote.
I would have counted it, myself, but I can see the argument that you can't disqualify one possible "intent" just because it's wacky.
December 18, 2008 6:48 PM | Reply | Permalink
I don't think that's the point. The guy obviously intended to vote for Franken. He wrote in 'lizzard people' for all the offices and sometimes filled out the oval beside them. He wrote in lizard people for Senator just to be consistent but he actually voted for Franken. That was his intent. The problem was that he intentionally marked or branded his ballot in a way that it was no longer anonymous but personalized. It's as if he'd signed his name to make sure the ballot could be identified as his - which is illegal.
December 18, 2008 10:24 PM | Reply | Permalink
Coleman now up by +5 with another 1/2 hour to go today... He's road kill.
December 18, 2008 6:01 PM | Reply | Permalink
There's nothing I'd rather see than Franken beat this asshole Coleman, and I'd like to see him win by 5 votes as a way to rub it in.
Coleman is as vacuous as Limbaugh and Hannity fans, and if I'm not mistaken, he was a Democrat until the Republicans took over Congress back in 94/95.
Unfortunately, apart from all the good forward looking analysis, Coleman still has the lead.
December 18, 2008 6:02 PM | Reply | Permalink
Today's count ends with Coleman up 6.
Looking forward to tomorrow. :-)
December 18, 2008 6:03 PM | Reply | Permalink
You mean 5.
Every vote counts!
December 18, 2008 6:13 PM | Reply | Permalink
I understand how Arabic numerals work. I meant six. I posted that at the time the canvassing board shut down for the evening, and the count at startribune.com (where I watched the last hour of the live feed) showed six.
December 18, 2008 8:09 PM | Reply | Permalink
+2
http://wcco.com/politics/lizard.people.canvassing.2.890262.html
http://minnesota.publicradio.org/display/web/2008/12/18/recount_thurs/
Thursday was not kind to Norm.
December 18, 2008 6:36 PM | Reply | Permalink
W/r/t the opening comment: the mishaps and anomalies revealed during the course of the MN recount are par for the course all across the country. As an election law attorney, I can assure you that the old adage about making sausage applies in its fullest force to the conduct of elections.
If we were to insist upon a special election every time a recount revealed missing and disputed ballots, then every recount would lead to a special election.
December 18, 2008 6:04 PM | Reply | Permalink
Good job, Eric. Love this line:
"We now have a good idea of the merits of Coleman's ballot challenges, a crucial missing piece of the puzzle here: They mostly stink"
John
December 18, 2008 6:06 PM | Reply | Permalink
Al Frankenstein! That's a good one, Ha! I told ol' Normie that he should get me out on the campaign trail for him. Who will the democrat party put up next, Adam Sandler? Stand up for Coleman cause he stands up for America and America stands for God & country.
December 18, 2008 6:10 PM | Reply | Permalink
Going through the final ballots put up by the Star Tribune it seems that if people couldn't blacken in the oval perfectly the Coleman people challenged this. The strategy probably was to put this out to the final day and hope they found, engineered or otherwise manufactured some kind of appeal to go to court.
The problem appears that Franken will emerge this process with a lead of 90 +/- votes without the absentee of 1600 that Franken is suspected to win by over 320 or so votes.
or win exceeding 400 votes on 2.9M votes.
Gosh...400 votes, that is a precinct.
December 18, 2008 6:22 PM | Reply | Permalink
MPR has today tally down to 2 at end of day.
http://minnesota.publicradio.org/display/web/2008/12/18/recount_thurs/
December 18, 2008 6:28 PM | Reply | Permalink
Strib has it at 5. The Uptake folks had it exceptionally close, and it was all trending toward Al as Coleman's challenges were, as Eric pointed out, stinky.
This looks good.
John
December 18, 2008 6:42 PM | Reply | Permalink
The really tricky thing is to see if there are any estimates on the "withdrawn" challenges by Al, and if they've been counted yet.
John
December 18, 2008 6:44 PM | Reply | Permalink
The nutball right of course will whine that Franken 'stole' the election because the canvassing board threw out so many of Coleman's challenges at the very end in order to 'push Franken over the top'.
December 18, 2008 7:28 PM | Reply | Permalink
This is another election fiasco. Neither Coleman nor Franken came anywhere close to a majority and neither will have a real mandate - the election will be decided by sometimes partisan officials and/or judges, not the voters. This is another argument for always requiring runoffs, or having instant runoffs (second choice on the ballot).
December 18, 2008 7:32 PM | Reply | Permalink
A Senator doesn't need a "mandate"
December 18, 2008 7:45 PM | Reply | Permalink
nor do they need a "majority".
there is nothing inherently wrong (or undemocratic) about winning with a narrow plurality.
December 19, 2008 3:25 PM | Reply | Permalink
I was a watcher for the Franken campaign during the recount, and the Coleman people I sat with were completely untrained. They had no idea what they were doing. I'm not surprised that their challenges are bad.
December 18, 2008 7:33 PM | Reply | Permalink
incompetence is a Republican value.
December 18, 2008 8:31 PM | Reply | Permalink
Unfortunately, the Strib number doesn't include the "withdrawn challenges" by either candidate. Coleman challenged a total of 3377, but withdrew all but approximately 800, so there are approximately 2577 withdrawn Coleman challenges. Franken challenged 3278, and withdrew all but 420, so there are 2858 withdraw Franken challenges.
Roughly 30% of the votes challenged by either candidate have gone to none/other. Assuming that holds, and that the rest of the withdrawn challenges go to the non-challenging candidate, then Franken is looking at approximately 1803 more votes when the withdrawn challenges are factored in and Coleman is looking at approximately 2000 more votes. That suggests an advantage of approximately 197 for Coleman in the withdrawn challenges.
So I won't feel comfortable unless Franken is 200+ ahead of Coleman after they finish considering the challenges.
December 18, 2008 7:33 PM | Reply | Permalink
Gotta hand it to the folks in Minnesota for the manner in which the votes in the very close election have been counted.
No Kathleen Harris' there.
December 18, 2008 8:05 PM | Reply | Permalink
Minnesota got lucky in '06. Mark Ritchie beat out a Katherine Harris-wannabe who had been, by far, the most partisan Secretary of State we'd ever had. If Kiffmeyer were still our SOS, this thing would have been rigged for Coleman from the get-go.
December 18, 2008 10:55 PM | Reply | Permalink
Mandate? Anyone can get a mandate in Minnesota by just tapping your foot in the bathroom stall at the Minneapolis Airport.
December 18, 2008 8:09 PM | Reply | Permalink
Very punny.
December 18, 2008 8:35 PM | Reply | Permalink
This is really wonderful news. Even if he does nothing but stand-up comedy on the Senate floor, Franken will be so much better than Coleman -- who is a joke, and not a funny one.
I have heard the Senate will seat whoever is ahead on January 3. If Franken is only a handful of votes ahead, there's a very good chance he will be seated.
The Constant Weader at www.RealityChex.com
December 18, 2008 8:26 PM | Reply | Permalink
It took them long enough! So the Dems will have 59 seats in the Senate?
December 18, 2008 10:43 PM | Reply | Permalink
MISSING SOMETHING HUGE
As posted above by Quite Alarmed.
There are approximately 5000 ballots that were challenged but had their challenges withdrawn. Those votes have not been counted yet and are not part of the board's review of challenged ballots that will be over Friday. The withdrawn challenge votes won't be hard to count because they go revert back to the original decisions made by the local boards. The Star-Tribune could have counted them, except Coleman keeps adding challenges and withdrawing them, so it impossible to get the full account of which ballots are which. Some withdrawn challenged ballots were counted with still challenged ballots today, to make things more confusing.
Anyway, it isn't going to be over tomorrow unless they have staff counting all the withdrawn challenge ballots.
December 18, 2008 11:19 PM | Reply | Permalink
MISSING SOMETHING HUGE
As posted above by Quite Alarmed.
There are approximately 5000 ballots that were challenged but had their challenges withdrawn. Those votes have not been counted yet and are not part of the board's review of challenged ballots that will be over Friday. The withdrawn challenge votes won't be hard to count because they go revert back to the original decisions made by the local boards. The Star-Tribune could have counted them, except Coleman keeps adding challenges and withdrawing them, so it impossible to get the full account of which ballots are which. Some withdrawn challenged ballots were counted with still challenged ballots today, to make things more confusing.
Anyway, it isn't going to be over tomorrow unless they have staff counting all the withdrawn challenge ballots.
December 18, 2008 11:21 PM | Reply | Permalink
"No matter when they certify it -- and no matter who they certify it for -- the state fully expects the other candidate to file a legal challenge of some kind. And those challenges could potentially go all the way to the final authority on the legitimacy of Senate elections: The U.S. Senate itself."
I've been saying (and posting this) all along. Now it looks like it's Franken who will be going in with a position of strength. But it will be the Senate itself making the ultimate decision.
The Senate is controlled by Democrats.
Al Franken will be the next Senator from Minnesota and the Republicans be damned! They'd do the same thing in a heartbeat.
December 19, 2008 10:12 AM | Reply | Permalink