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With Recount Complete And More Ballots Counted, Franken's Lead Appears To Be Insurmountable

Today's events in Minnesota make it appear that a Norm Coleman victory is now pretty much impossible -- and it just so happens to have occurred on the day his Senate term officially expired. A nice extra touch.

Election officials today counted through about 950 absentee ballots that both campaigns agreed had been wrongly rejected, completing the recount unless there is any new court intervention. The result: Al Franken's paper-thin lead of 49 votes has now jumped to 225 votes -- way beyond what most people crunching the numbers expected, based on the geographic spread of the newly-counted ballots.

With these new figures, it's worth examining just how slim the odds would be of Coleman finding some way to win this thing, should he follow through on his campaign's vow to challenge the result in court.

First, there's Coleman's claim that 25 selected precincts double-counted a bunch of absentee votes for Franken, netting Franken about 110 votes. During the recount, the state Supreme Court ruled that Coleman could only raise this issue after the recount concluded and an apparent winner was determined. But if courts agree with him on that and took those votes away from Franken, Coleman would still lose. Then there's the canvassing board's decision to restore to Franken a net total of 46 votes that went missing from a single precinct during the recount. Coleman's campaign has indicated that they plan to contest that decision, but winning on it would still have him behind.

One other thing: The burden of proof in any legal arguments will be on Coleman, with the assumption going in that Franken's victory was legitimate. And even if he won both of the two issues above, he'd still be almost one hundred votes behind.

What options does he have left? Coleman's only hope would be to win on his campaign's latest efforts to restart this phase of the recount and force the counting of about 650 rejected absentee ballot envelopes from red precincts, which the local officials say were tossed properly. An affidavit from a Hennepin County election official shows the Coleman campaign hasn't even supplied reasons to look at these ballots, and election officials in multiple counties, including Ramsey county, Pipestone County and others all say they've been taking the time to review the Coleman list, and they stand by their decisions.

The Coleman campaign still seems likely to file an election contest, challenging this result in court. This would bottle up Franken's victory for weeks or even months, and delay Al Franken from being able to take his seat in the Senate. But at this point it's difficult to see how they could have much of a leg to stand on. It really does look like Al Franken's lead is insurmountable.


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If I make the obligatory "he's good enough, smart enough, and doggone it, people like him" joke, that means no one else has to, right? And also the THIS IS GREAT NEWS... FOR NORM COLEMAN! joke?

(Just thought I'd get that out of the way.)

Also, YAY!

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Oh, thank you! I'm glad someone did it!

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You forgot to say that COLEMAN HAS GOT HIM RIGHT WHERE HE WANTS HIM!!!

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richie in his press conference was visibly angry with the mnsc for allowing the campaigns to veto 400 ballots.

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Yippee!!!!

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God, I'd love to be a fly on the wall over at BillO's house.

LOL!

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The Coleman campaign still seems likely to file an election contest, challenging this result in court. This would bottle up Franken's victory for weeks or even months, and delay Al Franken from being able to take his seat in the Senate. But at this point it's difficult to see how they could have much of a leg to stand on.

Sour Grapes. It's what's for dinner, Norm.
~

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Naw, sour grapes is when you say you never wanted to be a gosh-darn Senator anyway.

It is what's for dinner. That's what Normie will be eating. And maybe his heart out.

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I want Norman contemplating the respective values of self-immolation or self-imposed exile to a third-world country.

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NO, actually crow as in eating boiled crow~~~meaning humiliation by admitting wrongness or having been proven wrong after taking a strong position.

The tradition comes from the Americanization of eating humble pie, from the old world pun: umbles were the intestines, offal and other less valued meats of a game animal like deer, Pies made of this were known to be served to those of lesser class who did not eat at the master's table---also umble came from the Old English definition as crow meaning '"intestine or mesentery of an animal" consisting of "the liver, crow, kidneys, and skirts."

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Personally, I think it'd be fun to watch Slimy Norman sitting on a curb, tearing at a bloody, dead black bird, knowing it's his last meal...

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I knew there was a phrase for it. Thank you. The crow flew from my brain.

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One additional point is that durring the recount, (I watched most of it at The Uptake) there was no identifiable string of Coleman heavy votes. Since the votes were naturally grouped by county that means there is no geographic way the extra 650 rejected absentees they wish to include would be able to overcome Franken's lead. Unless they are hand picked Republican voters the extra rejected absentees may possibly even expand Franken's lead. McCain didn't get a lead like Franken got in the rejected absentee ballots in even the most conservative of Minn. counties.

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maybe franken was just much better at using his veto power.

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Senator Al Franken!!

One day this year the Dems will have 59 Senators!!!

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Even though Franken's lead is insurmountable, I'm quite sure Coleman will file lawsuits for spite and to gum up the works for the incoming Obama administration.

GOP = Grand Obstructionist Party

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I just heard on tonight's news that's exactly what Coleman plans to do; the Republican and Democrat who have to certify the ballot also say they won't sign it until every last lawsuit is filed and settled, or something like that.

Is the New Mexico USA involved in the investigation? The one who, cough, replaced David Iglesias?

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Sorry for being off-topic. I mean the Richardson investigation. Seems too well timed. (Out, damned plot!)

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Oh I am soooooo Happy!

Somewhere the liberal gods are smiling! Paul Wellstone is avenged!

You must read "LIES, and the Lying Liars Who Tell Them" to understand just how smart Al really is and how well he understands the real issues at stake. He knows how the games are played and is absolutely fearless in the face of bullshit. He is the hardcharging loudmouthed progressive of your dreams.

I am sooooo Happy!

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I got Al to read the first page of Chapter Five of this book at a booksigning. I recommend it. Here's part:

[Conservatives] don't get it. We love America just as much as they do. But in a different way. You see, they love America the way a four-year-old loves her mommy. Liberals love America like grown-ups. To a four-year-old, everything Mommy does is wonderful, and anyone who criticizes Mommy is bad. Grown-up love means actually understanding what you love, taking the good with the bad, and helping your loved one grow. Love takes attention and work and is the best thing in the world.

That's why we liberals want America to do the right thing. We know America is the hope of the world, and we love it and want it to do well. We also want it to do good.

Al's gonna be a great Senator.

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I like the way Jon Stewart put it: "Conservatives love America--they just hate half the people living in it"

He has a way of getting to the heart of the matter.-- Lot of truth in the satire

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which book, this is quite astute.

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Lies and the Lying Liars Who Tell Them

(Sorry this is so late. I often write and run.)

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It's time for Coleman to do an Al Gore.

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Grow a beard and let himself go? Go into films and television (his wife would be happy)?

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That, and man up and step aside, irrespective of his personal feelings about the process.

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Right. Because Franken won the vote count but it would do irreparable harm to deprive Coleman of the seat because... well, just because, that's all.

How's about Coleman "man up" and stop being a litigious sore-loserman.

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Can Reid provisionally seat Franken while this is in court?

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Of course! But he won't. The Republicans have already told him not to and he does just what they tell himto do, everytime they tell him to do it

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I saw Al when he did a live AAR radio show from Lane County Community College in Eugene OR. After the great show he signed his books. I stood three feet from him for an hour while he signed books/talked to people. He is just so cool and honest. (I wish TPM allowed the ability to post pics in comments cause I have a bunch of pics.)

But for me the worrying begins. After listening to Al for years on the radio, seeing him live... I know this guy really has integrity. He's going to do what's right and he's not going to listen corporations, defense contractors... if the FBI/CIA do something wrong Al will go for the truth. If Al was a Senator in 2001 Bush/Cheney would DEFINITELY had him murdered. I believe this will all my heart and sixth sense. Even with Obama as President, I still have extreme fear Al will be murdered by a Defense Contractor, Wall Street brokerage house, Media Whore Corporation, Oil Corporation, Israel, or the FBI/CIA. If Al acts/votes/calls attention to issues like he did on AAR, I'm very frightened for his safety!

It's a no-brainer that he should never never never get in a small private plane.

May the God's protect you Franken!

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Somebody should hose this guy down. CBS or Israel is going to assassinate the Senator from Minnesota?
He certainly chose the right icon...although there should be foam on the dog's mouth.

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Why not fear it. They assassinated Paul Wellstone. What's to stop them from doing the same to Franken?

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Your evidence for that being what, exactly? Aside from the fact that he was the person furthest to the left in the Senate at the time and that he died in a small plane crash, I mean?

I'm just asking because small planes have been known to crash for reasons having nothing to do with sabotage by sinister minions of the shadowy government within the government. In fact, the more you know about small planes, the more you realize that the wonder isn't how often the crash, but, rather how often they don't.

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Some folks apparently have never heard of the Kennedy and King assassinations. NCSteve probably never heard of Orlando Letelier, either.

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The fact that people are sometime assassinated is not evidence that Wellstone's death was an assassination. There is no question but what the three people you mentioned were assassinated; bullets don't fly through the air all by themselves, and bombs don't find their own way into cars. So Kennedy, King, and Letelier were undoubtedly targets of people who wanted to kill them. The chief question then is who.

Airplanes, on the other hand, and especially small private planes, do crash as a result of no deliberate action on anyone's part. Wings ice up, or engines stall, or pilots have heart attacks -- they crash for any number of reasons. I'm not saying that it's impossible for Wellstone's plane to have been sabotaged (I even admit that was my first reaction to the news that he had died in a plane crash), but if you want to make that assertion, you need to offer some evidence that it was not an accident. And neither of you making that assertion have done that.

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There were three very detailed investigations of the plane crash. The NTSB one, Another done for the Insurance Carrier, and a third done at his own expense by Paul's Lawyer, friend, and Finance Chair, who just happens to be one of the top trial lawyers in the country for plaintifs in large serious tort claims -- the MGM Hotel Fire in Vegas, for instance, and the Bopal Disaster in India, for the Government of India against Union Carbide. He put all of his investigative resources into it.

All the investigations came up similar -- it was an accident. Lots of small things went wrong, but it was not sabatoge or intentional. As others are saying, small planes have a chance of just crashing.

Many of us who worked hard to elect Paul in the first place, and support him once he was in office do not appreciate the hijacking of the accident by those who want to make political claims. We find it very disrespectful of what Paul Wellstone actually was, and what he stood for. Instead of being remembered for the work he actually did -- you hijack, and demand he be remembered for unproven assumptions about how and why he died. Please -- some respect, unless you have detailed information that counter's the investigations.

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Some folks apparently have never heard of the Kennedy and King assassinations. NCSteve probably never heard of Orlando Letelier, either.

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I'm sure the country will enjoy the tenor of Sen.Cornyn's fronting for the GOP's priority item for '09. Stopping the seating of Al Franken.

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Exactly. Obstructing the orderly recognition of a duly-elected United States Senator. Not quite up there with "magic negro," but still exactly the kind of leadership Americans are looking for from senior Republicans. Way to turn the party around -- blocking the machinery of democracy for masturbatory partisan gratification.

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And don't forget how ominous the threats were that he was facing when Billo was bragging to a phone sex fantasy girl how he and Roger Ailes would make sure Al Franken got his comeuppance.

Not.

Hahahhahahaha.

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This is such fabulous news! Thanks so much to Kleefeld for all he's done on this story over lo these many months.

Coleman hasn't much impressed the supremes yet, so it seems unlikely that his last-gasp efforts will do any good.

If the Dems in the Senate decide to seat Franken provisionally next week (or the week after), I'm hopeful a few Republicans will prevent the filibuster. It's such bad form!

The Constant Weader at www.RealityChex.com

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AND ME, I'M SENATOR AL FRANKEN

AND ME, I'M SENATOR AL FRANKEN

AND ME, I'M SENATOR AL FRANKEN

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It would warm my heart if the Minn Supreme Court refused to hear the Coleman suit after the SCB finishes this thing on Monday.

Norm spends next 36 hours in his law library studying up on the concept of MOOT.

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Oh happy day!

Oh, and fuck you, Norm.

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This has turned out pretty much as expected.

Looking back to 2000 I think we can probably say safely that the same thing would have happened in Florida had SCOTUS not stepped in. And, oh, how much different the world would be today had the actual winner been inaugurated.

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I'm very happy about this, too. I listened to almost all of almost every episode of the Air America Radio show, and I know Al is a smart and very clever person who is obsessed with truth and doing the right thing. He's a funny person by nature, but he's not a comedian, not any more. I don't think anybody would take this job any more seriously than will Al, who will wear it as a huge responsibility. That said, he's going to add a clever-response dimension that is generally not found in the Senate. His wit is clever, and he has a talent for turning the opposition's logic back on itself and exposing its weaknesses. It will be well focused on the issues, though, because that's what he really cares about. So, I'm looking forward to this. He may make some mistakes, and probably say some things that he'll want to take back, but his heart will be in the right place, and he's going to land some verbal punches that will be delicious.

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Who would have thought that in an election with more than 2.8 million votes cast that a 225-vote margin would constitute an "insurmountable" lead?

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Couldn't have happened to a bigger asshole.

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This is almost as good as Santorum losing... not quite as good, but very close!

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Congratulations, Al, way to hand it to those attempting to "create reality," which as we learned is just another way of saying manipulate processes, select "facts," bully until they get their way. If this contest says anything about how Al will stand up to B.S., assemble a hard-working, take-no-prisoners team, and last, and last, and outlast these corruptors of democracy, then great thing portend for his senate term(s!).

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Somewhere, ol' Dandy Don is singing: Turn out the lights, the party's over...

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Whether Coleman can bottle up the proceedings depends about 100% on whether he can get this into the federal courts. On a state level, court challenges have gone straight to the supreme court, and they have cleared their schedules to hear these. If Coleman can get the federal courts to take this up, let's just say I have limited trust in the federal courts, especially the supreme court. I'm just hoping they don't want another partisan ruling on an election recount.

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Correct all around. If it gets to Federal courts, look for a 5-4 decision with Scalia writing for the majority.

And an incandescent dissent from Mr. Justice Stevens.

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I'm struck by the swing in votes and how it's almost a mirror image. After the election

Coleman with a 215 vote lead: "Franken should not call for a recount. It's divisive."

After the recount

Coleman behind by 225 votes: "We will contest ad nauseam. The process is broken."


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Norm Coleman had a lead of about 700 when he said Al Franken should concede.

Then canvassing took that lead down to about 200.

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In many ways this is the appropriate closer to 2000 and 2004. Some sort of national sine-curve took us through an era of paper thin election margins, from presidential through local politics. It took the mediocre Bush politics and the hope of Obama politics to produce a genuine majority at the top; but we're still going to have to be careful and respectful of each other at all levels because we're still a house divided. Stay alert, work hard, make friends and prove ourselves.

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Yay Senator Franken! I'm very happy that he won but you are all forgetting the most important factor governing Franken's seat: Harry Reid will do EXACTLY what the Republicans tell him to do, regardless of the law, regardless of precedent and absolutely regardless of what Democratic voters want. Franken won't be seated until all the court challenges are hung ad perhaps not until we have a real Senate Majority Leader.

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Poor Norm, even his fellow MN citizens don't like him. But, then what is there to be liked about an asshole idiot?

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I've been living in Minneapolis since 1983. I watched this carpet-bagging asshole roll in from Chicago and buy the St. Paul mayor's office. I danced with glee when he blew the governor's race and lost to Ventura. Yep, I was on the "Anybody but Norm" campaign.

I was devastated when we lost Paul. Horrified when Norm took the election.

This is GREAT NEWS FOR MINNESOTA.

Unfortunately, it's bad news for the rest of the country. You other 49 better watch out. He'll be moving your way just after he deals with his legal entanglements. My money's on Alaska. I hear there's going to be a vacancy in the governor's mansion. Norm meets all the qualifications (corrupt, selfish, liar, great wardrobe bought by others).

Goodbye Caribou Barbie! Hello Caribou Ken!

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You ought to have been in St. Paul the first time Norm ran for Mayor. He was unknown to almost everyone and started by going to the the local DFL precinct and ward caucuses. Norm produced and handed out a piece of campaign literature which was identical in all its features to the preferred campaign literature which the late State Senator Nick Coleman [NO RELATION to Norm!] used to prepare: Same tabloid-style newsprint format, same typefaces as Nick used to use, same colors of ink, similar story layout or design.

The obvious intention was to piggyback off the popularity of the recently-deceased Nick Coleman [NO RELATION to Norm] by imitating Nick's familiar literature---so that loyal DFL-ers would naturally conclude that Norm was somehow related to the St. Paul Coleman family. Clever but unprincipled---that's Norm Coleman!

I kept one of those bogus brochures for years and finally tossed it when Jesse Ventura beat Norm for Governor in 1998. I acted too soon, alas. Wish I had hung on to it until 2008!

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He's COOL enough, he's SMART enough and gosh darn it we LIKE him! God bless you, Al.

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Leave it to senate dems to still be the repubs little bitch. The dems having the power means nothing. They still find a way to get played by the repubs

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I'm betting Coleman contests the election. I'm betting that the RNC has offered to pay his legal bills on his corruption trial if he does. There's certainly nothing in it personally for Coleman to contest this defeat.

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Cornyn is why the repubs will never gain power again. They will always put playing politics and their own divisive agenda over the needs and wants of the American people. I am sure Cornyn wasted no time in seating Bush in 2000. Someone should change Cornyn’s diaper he is acting like baby. Sore loser.

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Cornyn was Bush's bitch in Texas but he didn't seat the clown. Cornyn was elected to the Senate in 2002 and he was re-elected this year. Partly because once again, the national Dems conceded the race before it began and didn't fund his opponent. No that Rahm Emanuel, the author of the not challenging Republicans is Obama's chief of staff, maybe Dean can go ahead with his fifty state strategy without interference from Rahm the magic DINO

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Franken and Dems should make the same arguments that Bush did in 2000. How can the repubs argue with that? Oh wait the repubs are flaiming hypocrites that’s how.

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MN vs FL

No crowds in the streets the actual recount proceeded and the canvassing board did their job.

What a difference having grown ups in charge makes.

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Dare I say the "culture" in MN simply would not allow a bunch of out of state republican thugs to disrupt the vote counting. It also needs to be said loud and clear for anyone paying attention the process was as fair and transparent as possible. Each and every vote was considered countable against a very public set of standards that follows MN law and common sense.

This was not a tie. It was a very very close election and the winner has been determined. If the margin was larger the small details and mistakes would not make a difference. Here they held the key to the truth winning out. Good for Minnesota!

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The more I think about it, the harder it is to fathom it. I really don't get why the gossip mags aren't covering the GOP's appetite for self-destruction. Amy Winehouse and Brittney Spears are pikers compared to them.

It's like "Hi, ah'm John Conryn and ah'm threatenin' to shut down the Senate at a time of national and global crisis the likes of which the world hasn't seen in decades because mah party needs to be seen standing behind a venal ferretfaced git who everyone knows is gonna be indicted for pathetically unsubtle acts of corruption before the year's out."

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He's COOL enough, he's SMART enough and gosh darn it we LIKE him! God bless you, Al.

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You all forget so much. This is the modus operandi of the corporate plutocracy, to fight every inch in keeping power as long as possible and not accepting democracy until it is in their favor.

OKAY fine, Coleman fights, uses resources that they think is a constant cash flow. Eventually MN and Pawlenty is left to certify the election and Franken is seated, probably by March 1st. The state courts have little patience for stopping the will when it is established. Fed Courts will hear and then not let it pass Appellate as Coleman offers no standing except it was close.

The thing is Coleman has a cloud hanging over him with another investigation.

I hope Obama and Holder really let the justice department do their thing and work towards attacking the plutocracy's corruption across the entire front, that will suck their resources.

As for Coryn this reminds me of the early FDR era.

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I'm glad Franken wound up with more "votes" in the most recent recount. But let's not kid ourselves; there is absolutely no reason to believe that reading the entrails of an election after the fact produces a more accurate result than the original count when an election is this close. Statistically, this election ended in a tie. Recounting votes after the fact, far from discerning the elusive "intent of the voter," only results in highly subjective judgments on the part of the recounters as they work under incredible pressure to decipher the indecipherable. Voters have intent, the votes don't -- they are what they are. In an election this close, it is virtually a certainty that the result of any recount merely reflects the sum total of the errors made by the counters, not the intent of the voters. The only equitable and accurate way to assess the intent of the voters in an extremely close election is to adopt instant runoff voting. That way, the results would be known the day after the election, the winner would actually have received more than 50% of the votes, and we'd avoid these expensive and unconvincing recounts. In the absence of IRV, deciding an election this close by tossing a coin is no more arbitrary than pointlessly reading the entrails after the fact.

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I'd support a December runoff when the November results are within .5%.

But Instant Runoff Voting is as likely to cause the top two to be within .5% as it is to cause the difference to be more.

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I'd support a December runoff when the November results are within .5%.

Then in a close election, the fight would be over whether the results were within .5% or not.

What happens if the December runoff is also within .5%? A second runoff in January?

The real solution is to improve the voting procedures and methods so that the first vote is accurate and is perceived by the public to be accurate.

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Instant Runoff Voting (IRV) guarantees that in any election with at least three candidates (the MN race had minor party and independent candidates), one candidate WILL receive at least 50% plus one vote, and will do so on Election Day. Here's how it works. Instead of our current "winner take all" system, the voters would rank their preferences for each office. So if there were 3 candidates (A, B and C), each voter could vote for all three candidates, ranking them by order of preference. Let's say there are 1,000 voters. At the end of Round 1, A has 400 votes, B has 350 and C has 250. No candidate has 50% plus 1. So C (the lowest ranked candidate) is eliminated. C's voters are then automatically reassigned to A and B, based on their second choice. Assume that 101 of C's voters ranked A as their second choice and 149 ranked B as their second choice. A now has 501 votes and B has 499. A wins. All this takes place automatically on Election Day, there is no need for a subsequent recount and the election accurately reflects the intent of the voters. The US is the only major democracy that does not use some form of ranked voting. And that is why we have these silly recounts and runoffs that leave one side feeling cheated.

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Sure, I agree, it's a statistical tie, and there's no absolute way to determine a "real" winner. But only one person can hold the seat, so there has to be some way of deciding which one it should be. You say a coin toss; Minnesota law says to hand-count the ballots, and the guy with the highest total wins. Agreed that one is no surer than the other, but why not go with the method Minnesotans have determined should be used?

In this particular election, there were three candidates, so maybe an instant runoff would have produced a clearer winner, but the votes for the third candidate might just as easily have split right down the middle, so you may have been no better off.

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"slb" and "hollywood" have it right. This was a close election; Minnesota law has provisions for settling disputes; the law was applied in an open and transparent recount process; and law and reason indicate that the candidate who is proven to have received more legitimately cast votes than the other candidates, is the winner. The margin of victory may be anywhere from one vote to millions---the size of that margin may trigger an automatic recount, but when that is finish, the size of the margin doesn't matter in determining the final disposition.

Clarification: There were actually five candidates on the ballot; along with Franken, Coleman, and Barkley (Independence Party) there were Aldrich and Niemackl (sp?) for the right-wing Constitution Party and the Libertarian Party. Those two candidates probably "siphoned" their votes from Norm Coleman, to some extent---playing the role that is often ascribed to Ralph Nader back in the 2000 presidential race, that of so-called "spoilers." But who is a "spoiler." It all depends on whose ox is being gored . . . or whose Gore is being axed, as the case may be.

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There was great care and common sense applied in the recount at all times. I was not at all "highly subjective" or "indecipherable" if you were paying attention at all. There will never be a perfect system but I am very satisfied that in the unusual event of such a close result the actual winner here is going to serve as the US Senator from Minnesota.

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"reading the entrails of an election after the fact"

WTF?

Carefully hand-counting the votes in public view with representatives from both sides intently watching is "reading the entrails"?!?!?

Aside from that, you're absolutely wrong. If done properly - and there's plenty of evidence to suggest the Minnesota recount was - the recount will yield more accurate results. Machines and humans both make mistakes, particularly when there's a big push to get all the results counted quickly, the night of the election. A slow methodical recount will always fine-tune the result. A perfect example is the re-inclusion of improperly excluded absentee ballots.

Finally, a instant runoff is not prefererable because it does NOT reflect the will of the same voters on the same day. It is a rejection of a prior election... a do-over. The only good reason for a do-over is if the original election was tainted or flawed in some way.

Think this through a bit: you cannot claim that a runoff vote in December will have the same voters, in the same numbers. Some will die, some wil not be in town, some new ones might vote who didn't the time before. So, no matter what, a runoff election will be a much less accurate reflection of voter intent on the day of the original election than a slow and careful recount of the same. Therefore, as long as the will of the voters on the day of the election can be known (quite simply by counting their votes - not "entrails") then the results should stand - even If the margin of victory be narrow.

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See my reply to Eric Jaffa, above. The virtue of IRV is precisely that is is held on Election Day, with precisely the same voters, all at the same time. IRV is just another way of describing ranked voting; there is no recount.

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I have no problem with ranked voting. We use it here in S.F. and it seems to work well.

I have a problem with people suggesting the Minnesota vote was somehow invalid. It is a prefectly legitimate result using a completely valid process. Perefect, no, but acceptable. Your comment about "reading entrails" comment is off the mark and misleading.

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Most of the Minnesota Recount Law is derived from a State Supreme Court decision, Anderson v. Rolvaag, that ended the Great Minnesota Recount in 1963 -- a Governor's race. At the time, we did not have a clear recount law, and had to more or less invent one from bits and pieces, but after that, the State Legislature imported into state statutes most of the Anderson v. Rolvaag process and criteria for recounting a very close race. We have done it for smaller races many times over the years -- legislative districts, school board races, and just this fall, a state wide recount of a primary vote for Supreme Court Justice.

The key to Minnesota being able to do this fairly smoothly is experience in exercising our law, and when necessary, and not in the middle of a process, making small alterations and clarifications. Our message is very simple, the person with the most votes as understood by our rules and laws about intent of the voter -- that person wins. The process is designed to be slow and deliberate because the point is to count every possible vote. It isn't about a fast and dirty outcome -- it is about very careful counting of votes.

You cannot argue it is "subjective" when it is all done in public -- in fact with a live video cam over your shoulder -- and with all sides and interests represented at the counting table. The point was to measure the voter's marks with the state law that defines voter intent. And yes it matters much that it is in state law, and not just in rulings here and there.

Mark Richie came out looking great largely because he did nothing that went outside the statute laws he is sworn to use in an election.

I actually don't think Coleman will, in the end, contest the election in court. Our Law also has provisions that in a post certification contest the burden of proof goes to the one bringing the contest -- and that all legal and court costs have to be born by the one bringing the appeal.

And if you dig into Bush v. Gore you will find that the court actually had to argue its self around the Anderson v. Rolvaag decision in order to bring it before the US Supreme Court, and the only thing they could come up with was time -- things had to be settled (ballots counted) before the electorial college met. That will not apply here. In fact, in 1963 effort was made to take it into Federal Court, and we have a nice affirming decision from the 8th Circuit Court of Appeals saying that election law belongs in the States, and that decision was affirmed by the Supreme Court when they rejected the appeal to the Supreme Court. No, I don't think the Supreme Court will consider the Coleman-Franken case.

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Sara, you have provided the most detailed and best-informed commentary all the way along for the TPM audience, and deserve thanks and praise! Great work!!

Forgive me for this little quibble, though, but "just for the record," it was Elmer L. Andersen (with an "e"!) who was Governor in 1962. . .

. . . not to be confused with C. Elmer Anderson, Governor in the 1950's, or Wendell R. Anderson, Governor in the 1970's. Or Ellen R. Anderson, my suggested candidate for Governor in 2010!!

....and it's Mark Ritchie, not "Richie," but I am sure that one was just a typo. Thanks again for your enlightening posts!

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Are the Un-Democrats led by John Cornyn still going to fight the results?

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