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2008 United States Senate election in Minnesota

The 2008 United States Senate election in Minnesota took place on November 4, 2008. After a legal battle lasting over eight months, the Democratic–Farmer–Labor Party (DFL) candidate, Al Franken, defeated Republican incumbent Norm Coleman in one of the closest elections in the history of the Senate, with Coleman's Senate predecessor Dean Barkley taking third place. Franken took his oath of office on July 7, 2009, more than half a year after the end of Coleman's term on January 3, 2009.[1]

2008 United States Senate election in Minnesota

← 2002 November 4, 2008 2014 →
 
Nominee Al Franken Norm Coleman Dean Barkley
Party Democratic (DFL) Republican Independence
Popular vote 1,212,629 1,212,317 437,505
Percentage 41.99% 41.98% 15.15%

Franken:      30–40%      40–50%      50–60%      60–70%      70–80%      80–90%      >90%
Coleman:      30–40%      40–50%      50–60%      60–70%      70–80%      80–90%      >90%
Barkley:      30–40%      40–50%      50–60%      60–70%
Tie:      30–40%      40–50%      50%      No votes

When the initial count was completed on November 18, Franken was trailing Coleman by 215 votes.[2][3] The close margin triggered a mandatory recount.[4][5] After reviewing ballots that had been challenged during the recount and counting 953 wrongly rejected absentee ballots, the State Canvassing Board officially certified the recount results with Franken holding a 225-vote lead.[6][7][8]

On January 6, 2009, Coleman's campaign filed an election contest and on April 13, a three-judge panel dismissed Coleman's Notice of Contest and ruled that Franken had won the election by 312 votes.[9][10] Coleman's appeal of the panel's decision to the Minnesota Supreme Court was unanimously rejected on June 30,[11] and he subsequently conceded the election.[12] Franken was sworn in as the junior senator from Minnesota on July 7.[13] With a margin of just 0.01%, this election was the closest race of the 2008 Senate election cycle.

Primaries edit

In Minnesota candidates are generally endorsed by their political parties before the party primaries. The Republican Party endorsed Norm Coleman,[14] the DFL Party Al Franken,[15] and the Independence Party Stephen Williams.[citation needed] In total 18 candidates had filed to run in the statewide primaries, including seven for the DFL Party, two for the Republican Party, seven for the Independence Party, one for the Libertarian Party, and one for the Constitution Party.[16][17]

Notable challengers included former Ventura administration official Jack Uldrich and former Senator Dean Barkley for the IP nomination; lawyer and vocal Franken critic Priscilla Lord Faris for the DFL nomination; and dentist and fugitive[18] Jack Shepard for the Republican nomination. Minneapolis attorney Mike Ciresi also campaigned for the DFL endorsement, but dropped out on March 10. Each party's respective primary was held on September 9, resulting in Barkley, Franken and Coleman on the general election ballot.

DFL edit

Democratic–Farmer–Labor primary results[19]
Party Candidate Votes %
Democratic (DFL) Al Franken 164,136 65.34%
Democratic (DFL) Priscilla Lord 74,655 29.72%
Democratic (DFL) Dick Franson 3,923 1.56%
Democratic (DFL) Bob Larson 3,152 1.25%
Democratic (DFL) Rob Fitzgerald 3,095 1.23%
Democratic (DFL) Ole Savior 1,227 0.49%
Democratic (DFL) Alve Erickson 1,017 0.40%
Total votes 251,205 100.00%

The following candidates sought an endorsement at the party's convention, but dropped out after Franken was endorsed: Mike Ciresi, Jim Cohen and Jack Nelson-Pallmeyer.

Independence edit

Independence primary results[19]
Party Candidate Votes %
Independence Dean Barkley 6,678 58.88%
Independence Jack Uldrich 1,405 12.39%
Independence Stephen Williams 800 7.05%
Independence Kurt Michael Anderson 761 6.71%
Independence Doug Williams 639 5.63%
Independence Darryl Stanton 618 5.45%
Independence Bill Dahn 440 3.88%
Total votes 11,341 100.00%

Though Stephen Williams was endorsed by the Independence Party[citation needed], he lost to former Senator Dean Barkley by over 51 points and was third place in the primary behind Jack Uldrich.

Republican edit

Republican primary results[19]
Party Candidate Votes %
Republican Norm Coleman (incumbent) 130,973 91.32%
Republican Jack Shepard 12,456 8.68%
Total votes 143,429 100.00%

General Election edit

Candidates edit

The general election was among candidates nominated by three major parties, the Minnesota Democratic–Farmer–Labor Party (DFL), the Republican Party of Minnesota (R), and the Independence Party of Minnesota, as well as two other parties, the Libertarian Party (L) and the Constitution Party (C). The Green Party failed to nominate a candidate.[20]

Fundraising edit

2007 year-end reports filed with the Federal Election Commission showed that Franken had raised $7.04 million through December 31, 2007, while Coleman had raised $6.24 million. Year-end cash on hand was $6.04 million for Coleman and $3.10 million for Franken.[23]

Pre-primary reports filed with the FEC on August 20 showed Coleman having raised $16.76 million (with $5.61 million on hand), Franken $13.09 million (with $2.37 million on hand), and Barkley $14,374 (with $5,071 on hand).[24]

A late October Star Tribune report showed Barkley having raised $56,763.[25]

Predictions edit

Source Ranking As of
The Cook Political Report[26] Tossup October 23, 2008
CQ Politics[27] Tossup October 31, 2008
Rothenberg Political Report[28] Tossup November 2, 2008
Real Clear Politics[29] Tossup November 1, 2008

Polling edit

 
Opinion polls show Franken narrowing Coleman's lead after the primaries.

Early polling showed Coleman with a large lead over his prospective Democratic opponents. But the race narrowed considerably, becoming one of the most hotly contested elections in the nation in 2008. A January 29, 2008 poll from Minnesota Public Radio showed the first lead for Franken.[30] Barkley consistently polled in the 15–20% range and was unable to break past 20%.

Poll source Date(s)
administered
Norm
Coleman (R)
Al
Franken (DFL)
Dean
Barkley (IP)


Survey USA November 1, 2008 44% 39% 16%
October 29–31, 2008 38% 42% 15%
October 28, 2008 43% 39% 14%
October 22, 2008 37% 41% 17%
October 19–22, 2008 34% 40% 15%
St. Cloud State University October 14–22, 2008 36% 27% 16%
October 21, 2008 36% 39% 18%
Survey USA October 8–18, 2008 41% 39% 18%
Quinnipiac University October 8–12, 2008 36% 38% 18%
October 7, 2008 37% 43% 17%
Minneapolis Star Tribune September 30 – October 2, 2008 34% 43% 18%
SurveyUSA October 8, 2008, at the Wayback Machine September 30 – October 1, 2008 43% 33% 19%
September 14–21, 2008 49% 42%
September 18, 2008 48% 47% 3%
Minneapolis Star-Tribune September 10–12, 2008 41% 37% 13%
Survey USA September 17, 2008, at the Wayback Machine September 12, 2008 41% 40% 14%
Survey USA August 18, 2008 46% 39%
Minnesota Public Radio[permanent dead link] August 17, 2008 40% 41%
August 13, 2008 49% 46%
July 24, 2008 53% 38%
July 22, 2008 46% 49%
July 10, 2008 42% 44%
KSTP**[31] June 13, 2008 48% 37% 8%
June 9, 2008 48% 45%
June 26, 2008 51% 41%
Survey USA June 10–12, 2008 52% 40%
June 11, 2008 48% 45%
May 22, 2008 47% 45%
Minneapolis Star-Tribune May 12–15, 2008 51% 44%
Survey USA April 30 – May 1, 2008 52% 42%
April 22, 2008 50% 43%
March 19, 2008 48% 46%
Survey USA March 12, 2008 51% 41%
March 6–9, 2008 46% 40%
Minnesota Public Radio/Humphrey Institute January 20–27, 2008 40% 43%
Minnesota Public Radio/Mason Dixon May 7–9, 2007 54% 32%

Results edit

After all the votes were tallied, Coleman led Franken by 215 votes—well under the 0.5% margin that triggers a mandatory recount according to state law.

Early on November 5, news organizations including the Associated Press, Minnesota Public Radio, and Fox News[32] called the election for Coleman. NPR and the AP uncalled the race mere hours later.[33] Coleman declared himself the victor, and suggested that Franken waive his right to a recount. Franken was unwilling to do so.[34]

Since the unofficial results were first posted on the Minnesota Secretary of State's website, Coleman's lead had narrowed from 726 votes on November 5 to the official pre-recount tally of 215 votes on November 18. Secretary of State Mark Ritchie called these changes "well within the normal range in the days immediately following an election, when county officials double check and verify election night tabulations reported to the secretary of state's office", while Coleman's campaign decried the "improbable shifts that are overwhelmingly accruing to the benefit of Al Franken."[35] An independent analysis of statewide elections over the previous 10 years showed that the average change in vote totals as reported on election night compared to the certified result was 1,500 votes.[36] The results were certified by each county's canvassing board and then on November 18, 2008, by the Minnesota State Canvassing Board.

2008 United States Senate election in Minnesota: Results certified November 18, 2008[2][37][38]
Party Candidate Votes % ±%
Republican Norm Coleman (incumbent) 1,211,590 41.988% −7.541%
Democratic (DFL) Al Franken 1,211,375 41.981% −5.355%
Independence Dean Barkley 437,404 15.19% +13.16%
Libertarian Charles Aldrich 13,916 0.48% n/a
Constitution James Niemackl 8,905 0.31% +0.21%
Write-in 2,365 0.08%
Plurality 215 0.007%
Turnout 2,885,555

Note: The ±% column reflects the change in total number of votes won by each party from the previous election. Additionally, votes cast for Paul Wellstone in the 2002 election are not factored into the DFL's total from that year.

Recount edit

 
Recounting ballots by hand in Olmsted County.

In accordance with state law, the Minnesota State Canvassing Board ordered a hand recount in the Senate race.[39] Representatives of Coleman and Franken observed the sorting and recounting of the ballots at 120 locations across the state on November 19, and largely finished on December 5. The votes were counted locally, but ballots that were challenged by either campaign were sent to the state capital for consideration by the State Canvassing Board. The board was a five-person panel consisting of Secretary of State Mark Ritchie, Minnesota Supreme Court Chief Justice Eric Magnuson, Justice G. Barry Anderson, Ramsey County District Court Chief Judge Kathleen Gearin, and Assistant Chief Judge Edward Cleary; they made determinations of voter intent for ballots where either of the campaign's representatives disagreed with the election officials at the county sites. Of the five Canvassing Board members, Ritchie was an elected DFLer, the two justices were appointed by a Republican governor, one judge was appointed by an Independence Party governor, and one was elected in a nonpartisan election.[40]

 
Hennepin County ballot paper.

Of the 4130 precincts in Minnesota, one had to delay reporting its totals because election officials deduced that 133 ballots, all in a single envelope, had gone missing during the recount process.[41] After days of searching,[42] the State Canvassing Board decided to use that precinct's election day totals, which included the missing 133 votes.[43] The 133 missing ballots contributed a net 46 votes for Franken.

By the end of the recount, each candidate had gained votes. In total, Coleman had challenged 3,377 ballots and Franken had challenged 3,278. These ballots were set aside until the State Canvassing Board could meet on December 16 to decide the fate of challenged ballots. But Ritchie's office insisted that each campaign voluntarily withdraw some of its challenges, due to the strain a large pile of ballot challenges would place on the State Canvassing Board. On December 3, Franken's campaign withdrew 633 of its challenges and said that it would withdraw more at a later date.[44] The next day, Coleman's campaign responded by withdrawing 650 challenges.[45] By the time all the ballots that Franken's campaign challenged were examined, only 420 challenges were left that had not been withdrawn,[46][47] while Coleman's campaign had roughly 1,000.[48] The Secretary of State's website had noted that none of the withdrawn ballot challenges were reflected in the running tally of the recount.[49]

By December 19, the State Canvassing Board had largely concluded its review of the campaigns' ballot challenges. Of the 1,325 ballots that were reviewed, 319 were awarded to Coleman, 758 to Franken, and 248 were labeled "other". According to the AP,[50] MPR,[51] and the Star Tribune,[52] the resolution of these challenges marked the first time Franken took a lead in the recount. On December 30, the board finished reallocating the withdrawn challenges, completing that phase of the recount and leaving Franken with a 49-vote lead.[53][54][55][56]

One of the last—and largest—sources of uncertainty was the absentee ballots that had been improperly rejected by election officials during the original count. Franken's campaign asked for those ballots to be tallied by each county and counted in the recount results, while Coleman's campaign said the canvassing board did not have the authority to deal with the ballots. On December 8, some counties began sorting rejected absentee ballots to find out how many were incorrectly rejected.[57] On December 12, the Board voted unanimously to recommend counties sort through their rejected absentee ballots, setting aside any that were incorrectly rejected, and resubmit their vote totals with the incorrectly rejected ballots included.[58] The Coleman campaign filed suit with the state Supreme Court to temporarily halt such counting until "a standard procedure" could be determined,[59] but the State Supreme Court ruled on December 18 that the improperly rejected absentee ballots be included in the recount.[60] The Court also prescribed that a standard procedure be established by the Secretary of State's office in conjunction with the two campaigns.

As of December 30, county officials had found about 1,350 wrongly rejected ballots. The Franken campaign agreed to count all of those ballots, while the Coleman campaign agreed to a subset, and also wanted to reconsider more than 700 other absentee ballots. On December 30 and 31, representatives of both campaigns met with officials in each county and sorted through the absentee ballots. After some were rejected by one campaign or the other, 953 ballots were sent to the secretary of state's office. The "fifth pile" of wrongly rejected absentee ballots was opened, checked for identifying marks, and counted (where found eligible) on January 3, 2009. Of the 933 ballots found to be eligible, 481 were for Franken; 305 were for Coleman; and 147 were for other candidates or were overvotes or undervotes. The process was broadcast live online.

The state canvassing board certified the recounted vote totals on January 5 with Franken ahead by 225 votes.[7] Former Minnesota Governor Arne Carlson, a Republican who did not endorse a candidate in the 2008 Senate race, called for Coleman to concede.[61]

2008 United States Senate election in Minnesota: Results certified January 5, 2009[6][62][63]
Party Candidate Votes % ±%
Democratic (DFL) Al Franken 1,212,431 41.991% −5.35%
Republican Norm Coleman (incumbent) 1,212,206 41.984% −7.55%
Independence Dean Barkley 437,505 15.15% +13.15%
Libertarian Charles Aldrich 13,923 0.48% n/a
Constitution James Niemackl 8,907 0.31% +0.21%
Write-in 2,365 0.08%
Plurality 225 0.007%
Turnout 2,887,337 †

Note: The ±% column reflects the change in total number of votes won by each party from the previous election. Additionally, votes cast for Paul Wellstone in the 2002 election are not factored into the DFL's total from that year.

Election certificate edit

After the Canvassing Board finished the recount, the next step was for the state to issue an official certificate of election. State law requires a seven-day delay from the Canvassing Board's final report until the certificate can be issued and signed by Ritchie and Minnesota Governor Tim Pawlenty. Furthermore, state law states that a certificate cannot be issued if an election contest is pending.[64][65]

On January 12, 2009, Franken sent a letter to Ritchie and Pawlenty requesting an election certificate. Both declined, citing the unresolved election contest by Coleman.[66] Later that day, Franken filed suit in federal court to force the state to issue a certificate, claiming that federal law relating to Senate elections superseded state law.[66] The next day his campaign asked the Minnesota Supreme Court to require Pawlenty and Ritchie to issue the certificate,[65] and the court held a hearing on the suit on February 5.[67]

Texas Senator John Cornyn said that GOP senators were prepared to filibuster the seating of the canvassing board's declared winner until a signed election certificate was available, as provided under Minnesota law.[64][68] On January 21, 2009, the day after the inauguration of President Barack Obama, Senate Majority Leader Harry Reid said that Senate Democrats were "going to try to seat Al Franken" at least provisionally until the challenge was resolved. Reid also said that there was "not a question in anyone's mind...that there's been any fraud or wrongdoing in this election." Senate Republican leaders countered this by insisting that Franken respect Minnesota laws and allow the completion of the legal review.[69][70]

Election contest edit

Coleman filed a contest of the election results in the Ramsey County District Court on January 6, 2009.[71] In it, he alleged ballot counting irregularities which, if corrected, would result in his winning the election.[72] Among other issues, he alleged that there were double-counted duplicate ballots, 654 valid absentee votes rejected as invalid by county election officials,[73][74] and problems in dealing with the lost ballots in a Minneapolis precinct.[72][75]

Under Minnesota law the chief justice of the state Supreme Court appoints a three-judge panel to hear an election contest. Because Chief Justice Magnuson had served on the state canvassing board, he recused himself, passing the task to Alan Page, the senior justice on the court.[76] Page chose Judge Elizabeth A. Hayden of Stearns County (who was first appointed by DFL governor Rudy Perpich) to preside over the contest. Assistant Chief Judge Kurt J. Marben of Pennington County (appointed by Independence Party governor Jesse Ventura) and Assistant Chief Judge Denise D. Reilly of Hennepin County (appointed by Republican governor Arne Carlson) were also appointed.[77]

On January 12, Franken filed a motion to dismiss Coleman's contest, claiming it was "an imprecise and scattershot pleading". He argued that even if the contest were to proceed, the three-judge panel should be limited to determining who would be awarded the already certified ballots and to a simple, mathematical recount to ensure the accuracy of the canvassing board's count, with no additional ballots reviewed.[71] On January 22, Franken's attorneys also argued that the case should not go to trial because the U.S. Senate, not the court system, has the power under the United States Constitution to judge the election of its members.[78] Franken's motion to dismiss was denied by the panel on January 23.[79]

On January 19, Coleman attorney Fritz Knaak requested that the court open and review all rejected absentee ballots—totaling roughly 12,000—because some of them, he contended, were improperly rejected.[80] Coleman's attorneys also proposed a multiple phase trial that would not start until February 2, in which the first phase would focus on rejected absentee ballots.[81] The panel denied these requests on January 23.[79][82]

The trial began on January 26. Coleman's legal team ran into trouble on the first day when the judges refused to enter into evidence copies of the envelopes from allegedly wrongly rejected absentee ballots. Coleman's team had made markings on some of their copies of the envelopes, so the panel ruled that Coleman's attorney would need to subpoena the original envelopes from the counties.[83]

On February 3 the judges agreed to consider 4,797 rejected absentee ballots. This was fewer than the number requested by Coleman but more than Franken requested. These ballots fell into two categories: those where voters appeared to have met all legal requirements, and those where voters ran afoul of the law through no fault of their own.[84]

On February 13 the court ruled that no evidence had been presented to establish widespread problems with the counting of absentee ballots and that rejected absentee ballots from 12 of 19 disputed categories would not be counted. According to Coleman's attorney, this left approximately 3,500 ballots still open for consideration. The order also specified that parties must demonstrate that disputed ballots were legally cast, not just that they should not have been rejected, making it more difficult to argue in favor of counting remaining absentee ballots.[85][86]

On March 2, the Coleman team rested its case after five weeks of testimony. The contest resumed on March 3 with the Franken team presenting its counterarguments. On March 13, the trial portion of the contest concluded with closing argument from both sides. Franken's closing was delivered by attorney Kevin Hamilton and Coleman's by Joseph Friedburg. After closing arguments, Franken lead attorney Marc Elias said: "After seven weeks of trial, hundreds of witnesses, and thousands of exhibits, the trial demonstrated what the state canvassing board found to be true after an exhaustive recount: that Al Franken got more votes on Election Day than Norm Coleman. We remain confident that the court will uphold the results of the election and allow Al Franken to begin the work the voters of Minnesota hired him to do."[87]

On March 31, the court issued an order to count at most 400 rejected absentee ballots and denied any other relief.[88][89] On April 7, the court scrutinized those ballots and determined that 351 had been legally cast. Those votes were counted, with 111 going to Coleman, 198 to Franken, and 42 to others, giving Franken a final margin of 312 votes.[90]

The court dismissed Coleman's suit "with prejudice" in its final ruling on April 13, finding that his claims had no merit and ordering the Coleman camp to pay the legal costs associated with Coleman's failure to disclose information about Pamela Howell, a precinct election judge and witness in the case,[9] which was later determined to amount to $94,783.[91] In the same ruling, the court also rejected Coleman's claim to exclude 132 missing ballots from the recount total and his request to adjust the results based on Coleman's allegations of double-counted ballots.[10][92]

2008 United States Senate election in Minnesota: Certified Results after election contest[9][6][62][63]
Party Candidate Votes % ±%
Democratic (DFL) Al Franken 1,212,629 41.994% −5.35%
Republican Norm Coleman (incumbent) 1,212,317 41.983% −7.55%
Independence Dean Barkley 437,505 15.151% +13.15%
Libertarian Charles Aldrich 13,923 0.48% n/a
Constitution James Niemackl 8,907 0.31% +0.21%
Write-in 2,365 0.08%
Plurality 312 0.011%
Turnout 2,887,646
Democratic (DFL) gain from Republican Swing

Note: This table combines the certified results of January 5, 2009, listed above with the added absentee ballots from April 7, 2009, 198 for Franken and 111 for Coleman.

Counties that flipped from Democratic to Republican edit

Counties that flipped from Republican to Democratic edit

Appeal to Minnesota Supreme Court edit

On April 20, Coleman filed a notice of appeal to the Minnesota Supreme Court.[93] Franken's lawyers requested that the court follow an expedited schedule in hearing the case (with oral arguments scheduled for mid-May) to enable Minnesota to have two seated senators.[94][95] In his reply, Coleman asked the Court to take its time, which would probably delay its decision until June.[96] On April 24, the Court issued its order for briefs and oral arguments.[97] Oral arguments took place on June 1.[98] After the arguments the Minnesota Supreme Court did not indicate how soon it would render judgment.[99]

Some Democrats and political commentators asserted that Coleman no longer had a serious chance of prevailing in the election, and that he continued to file appeals for the sole purpose of delaying the seating of a 60th member of the Democratic caucus in the U.S. Senate (after Pennsylvania Senator Arlen Specter changed his party affiliation from Republican to Democratic on April 28).[100][101] (Sixty Senators would bring the Democrats to a level where they would not need any Republican votes to overcome a Republican filibuster in the Senate for the balance of the Senate term).[102][103][104] Coleman disputed that allegation.[105] About 60% of Minnesotans (64–28, 59–34, 63–37 in three polls) said they wanted Coleman to withdraw.[106]

On June 30, the Minnesota Supreme Court unanimously rejected Coleman's challenge and stated that Franken was entitled to be certified as the winner. Coleman announced he would not appeal the result further, and congratulated Franken by phone, telling him that being senator was "the best job he would ever have."[107][108] Pawlenty and Ritchie signed the election certificate the same evening.[109]

Further investigations edit

In July 2010, Minnesota Majority, a conservative watchdog group, conducted a study in which it flagged 2,803 voters in the Senate race for examination, including 1,359 it suspected to be ineligible convicted felons in the largely Democratic Minneapolis-St. Paul area.[110][111] Subsequent investigations of Minnesota Majority's claims by election officials found that many of its allegations were incorrect. Some of the cases that were submitted involved mistaking a legal voter for a felon with the same name, others involved felons who had had their voting rights reinstated after serving their sentences, and others were felons who illegally registered to vote but did not vote in 2008 election.[112][113][114] Ramsey County officials narrowed their investigation to 180 cases, while Hennepin County examined 216 cases.[115]

Pawlenty said, "They [Minnesota Majority] seem to have found credible evidence that many felons who are not supposed to be voting actually voted in the Franken-Coleman election. I suspect they favored Al Franken. I don't know that, but if that turned out to be true, they may have flipped the election."[116] Columnist Nick Coleman of the Minneapolis-based Star Tribune called the idea that illegal voting by felons made a difference in the race "unbelievable" and the Minnesota Majority report "good fodder for a right-wing scare campaign."[117]

As of July 2010, the Ramsey County Attorney's Office had brought charges against 28 people.[111] In August 2010, the Hennepin County Sheriff's Office received for investigation 110 alleged cases of voter fraud during the 2008 election. In October 2010, the Hennepin County Sheriff's Office concluded that there was enough evidence to charge six people for voter fraud. "Three of the suspects face two felony charges. Three other suspects each face one felony charge."[118] In October 2010, Hennepin County Attorney Mike Freeman announced that charges would be brought against 43 felons for illegally voting in 2008.[119]

See also edit

References edit

  1. ^ "FRANKEN, Al – Biographical Information". US Congress. July 7, 2009. Retrieved July 7, 2009.
  2. ^ a b (PDF). Minnesota Secretary of State. November 18, 2008. Archived from the original (PDF) on November 19, 2008. Retrieved January 7, 2009.
  3. ^ "Recount begins in U.S. Senate race; Ritchie hit with 'blizzard' of filings". TwinCities.com. November 19, 2008.
  4. ^ Senate race 100% counted: Coleman up; recount coming, Star Tribune, November 5, 2008.
  5. ^ Patricia Lopez and Bob von Sternberg. Day 4: Ballot-counters press on, find glitches. Star Tribune. November 23, 2008. Retrieved November 23, 2008.
  6. ^ a b c . Minnesota Secretary of State. Archived from the original on November 20, 2008. Retrieved January 7, 2009.
  7. ^ a b "Minnesota canvassing board certifies Franken win". CNN Political Ticker. January 5, 2009. Retrieved January 7, 2009.
  8. ^ Stern, Christopher (January 5, 2009). "Democrat Franken Wins Minnesota Recount, Coleman Vows Challenge". Bloomberg. Retrieved January 5, 2009.
  9. ^ a b c Judges Elizabeth Hayden; Kurt Marben & Denise Reilley. "Finding of Facts, Conclusion of Law, and Order for Judgment" (PDF). Minnesota Judicial Branch.
  10. ^ a b Pat Doyle (April 14, 2009). . Star Tribune. Archived from the original on April 18, 2009. Retrieved April 14, 2009.
  11. ^ "Minn. Court Rules for Franken in Senate Fight". The New York Times. Retrieved June 30, 2009.[dead link]
  12. ^ "Norm Coleman concedes Minnesota Senate race to Al Franken – Manu Raju and Josh Kraushaar". Politico.Com. June 30, 2009. Retrieved June 13, 2010.
  13. ^ Fiore, Faye (July 8, 2009). "Al Franken sworn in, with a straight face". Los Angeles Times. Retrieved July 7, 2009.
  14. ^ Zdechlik, Mark (March 3, 2008). "Coleman campaign ramps up behind the scenes". Minnesota Public Radio. Retrieved March 12, 2008.
  15. ^ Les says (June 7, 2008). "The Big Question » Blog Archive » It's Franken in One". Ww3.startribune.com. Archived from the original on May 30, 2012. Retrieved June 13, 2010.
  16. ^ [1] TwinCities.com
  17. ^ "Minnesota Secretary of State". Sos.state.mn.us. Retrieved June 13, 2010.
  18. ^ "Jack is back!". Minnesota.publicradio.org. Retrieved June 13, 2010.
  19. ^ a b c . Minnesota Secretary of State Website. Archived from the original on November 14, 2008.
  20. ^ . Mngreens.org. Archived from the original on June 15, 2011. Retrieved June 13, 2010.
  21. ^ . Archived from the original on August 2, 2008. Retrieved February 11, 2016.
  22. ^ Jesse the Diva gives way to bravado-lite Barkley. July 19, 2008, at the Wayback Machine Minnesota Post, July 15, 2008. Retrieved November 7, 2008.
  23. ^ Candidate Filings, Federal Election Commission, year-end 2007
  24. ^ "2008 Race: Minnesota Senate—Total Raised and Spent". opensecrets.org. OpenSecrets. September 1, 2008. Retrieved September 18, 2008.
  25. ^ "Five things to know about Dean Barkley". Star Tribune. October 25, 2008. Retrieved November 4, 2008.
  26. ^ "2008 Senate Race ratings for October 23, 2008". The Cook Political Report. Retrieved April 1, 2021.
  27. ^ Race Ratings Chart: Senate October 28, 2010, at the Wayback Machine CQ Politics
  28. ^ "2008 Senate ratings". Inside Elections. Retrieved April 1, 2021.
  29. ^ "2008 RCP Averages & Senate Results". Real Clear Politics. Retrieved August 31, 2021.
  30. ^ See Minnesota United States Senate election, 2008#Polling
  31. ^ In the June 13, 2008 poll with Barkley included, you have to watch the video till 2:03. They release the poll results there.
  32. ^ Coleman Appears Victor as Minnesota Goes to Recount Senate Race. Fox News, November 5, 2008. Retrieved November 7, 2008.
  33. ^ AP uncalls race due to slim margin, Minnesota Public Radio, November 5, 2008. Retrieved November 8, 2008.
  34. ^ Recount: The Coleman-Franken brawl drags on. Star Tribune, November 6, 2008. Retrieved November 7, 2008.
  35. ^ PAT DOYLE; Star Tribune (November 10, 2008). . Startribune.com. Archived from the original on March 24, 2009. Retrieved June 13, 2010.
  36. ^ Nelson, Tim (November 12, 2008). "Shifting vote totals not unusual". Minnesota Public Radio. Retrieved November 13, 2008.
  37. ^ (PDF). Minnesota Secretary of State. November 18, 2008. Archived from the original (PDF) on November 19, 2008. Retrieved January 6, 2009.
  38. ^ (PDF). Minnesota Secretary of State. November 18, 2008. Archived from the original (PDF) on February 3, 2009. Retrieved January 6, 2009.
  39. ^ Tom Scheck (November 18, 2008). "Canvassing board orders Senate recount".
  40. ^ Scheck, Tom (November 12, 2008). "Key panel named in Minn. Senate recount". Minnesota Public radio. Retrieved November 13, 2008.
  41. ^ Dave Orrick & Jason Hoppin (December 5, 2008). "On last day's eve, envelope with 133 votes is missing". St. Paul Pioneer Press. Retrieved December 7, 2008.
  42. ^ Ballot hunt ends, next stage begins St. Paul Pioneer Press.
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Further reading edit

  • Foley, Edward B. "The Lake Wobegon Recount: Minnesota's Disputed 2008 US Senate Election." Election Law Journal 10.2 (2011): 129-164.
  • Watts, Lauren. "Reexamining Crawford: Poll worker error as a burden on voters." Washington Law Review 89 (2014): 175+. Deals with Minnesota 2008. online

External links edit

  • , no. A09-697, Minn. Supreme Court, June 30, 2009 (Minnesota Supreme Court opinion holding that Franken is entitled to election certificate)
  • Official campaign website (Archived)
  • Official campaign website (Archived)
  • Recount Coverage from VoteForAmerica.net
  • at the Minnesota Judicial Branch website; provides copies of filings and orders in the case
  • Election Center from the Minnesota Secretary of State
  • from Votimus.com
  • from CQ Politics
  • Minnesota U.S. Senate from OurCampaigns.com
  • Campaign contributions from OpenSecrets
  • Coleman (R-i) vs Franken (DFL) vs Barkley (I) graph of multiple polls from VoteForAmerica.net
  • graph of multiple polls from Pollster.com
  • Joe Conason on the recount—Salon.com
  • , by Jay Weiner.
  • , by Carl Eeman.

2008, united, states, senate, election, minnesota, took, place, november, 2008, after, legal, battle, lasting, over, eight, months, democratic, farmer, labor, party, candidate, franken, defeated, republican, incumbent, norm, coleman, closest, elections, histor. The 2008 United States Senate election in Minnesota took place on November 4 2008 After a legal battle lasting over eight months the Democratic Farmer Labor Party DFL candidate Al Franken defeated Republican incumbent Norm Coleman in one of the closest elections in the history of the Senate with Coleman s Senate predecessor Dean Barkley taking third place Franken took his oath of office on July 7 2009 more than half a year after the end of Coleman s term on January 3 2009 1 2008 United States Senate election in Minnesota 2002 November 4 2008 2014 Nominee Al Franken Norm Coleman Dean BarkleyParty Democratic DFL Republican IndependencePopular vote 1 212 629 1 212 317 437 505Percentage 41 99 41 98 15 15 County resultsPrecinct resultsFranken 30 40 40 50 50 60 60 70 70 80 80 90 gt 90 Coleman 30 40 40 50 50 60 60 70 70 80 80 90 gt 90 Barkley 30 40 40 50 50 60 60 70 Tie 30 40 40 50 50 No votesU S senator before electionNorm ColemanRepublican Elected U S Senator Al FrankenDemocratic DFL When the initial count was completed on November 18 Franken was trailing Coleman by 215 votes 2 3 The close margin triggered a mandatory recount 4 5 After reviewing ballots that had been challenged during the recount and counting 953 wrongly rejected absentee ballots the State Canvassing Board officially certified the recount results with Franken holding a 225 vote lead 6 7 8 On January 6 2009 Coleman s campaign filed an election contest and on April 13 a three judge panel dismissed Coleman s Notice of Contest and ruled that Franken had won the election by 312 votes 9 10 Coleman s appeal of the panel s decision to the Minnesota Supreme Court was unanimously rejected on June 30 11 and he subsequently conceded the election 12 Franken was sworn in as the junior senator from Minnesota on July 7 13 With a margin of just 0 01 this election was the closest race of the 2008 Senate election cycle Contents 1 Primaries 1 1 DFL 1 2 Independence 1 3 Republican 2 General Election 2 1 Candidates 2 2 Fundraising 2 3 Predictions 2 4 Polling 2 5 Results 3 Recount 3 1 Election certificate 3 2 Election contest 3 2 1 Counties that flipped from Democratic to Republican 3 2 2 Counties that flipped from Republican to Democratic 3 3 Appeal to Minnesota Supreme Court 3 4 Further investigations 4 See also 5 References 6 Further reading 7 External linksPrimaries editIn Minnesota candidates are generally endorsed by their political parties before the party primaries The Republican Party endorsed Norm Coleman 14 the DFL Party Al Franken 15 and the Independence Party Stephen Williams citation needed In total 18 candidates had filed to run in the statewide primaries including seven for the DFL Party two for the Republican Party seven for the Independence Party one for the Libertarian Party and one for the Constitution Party 16 17 Notable challengers included former Ventura administration official Jack Uldrich and former Senator Dean Barkley for the IP nomination lawyer and vocal Franken critic Priscilla Lord Faris for the DFL nomination and dentist and fugitive 18 Jack Shepard for the Republican nomination Minneapolis attorney Mike Ciresi also campaigned for the DFL endorsement but dropped out on March 10 Each party s respective primary was held on September 9 resulting in Barkley Franken and Coleman on the general election ballot DFL edit Democratic Farmer Labor primary results 19 Party Candidate Votes Democratic DFL Al Franken 164 136 65 34 Democratic DFL Priscilla Lord 74 655 29 72 Democratic DFL Dick Franson 3 923 1 56 Democratic DFL Bob Larson 3 152 1 25 Democratic DFL Rob Fitzgerald 3 095 1 23 Democratic DFL Ole Savior 1 227 0 49 Democratic DFL Alve Erickson 1 017 0 40 Total votes 251 205 100 00 The following candidates sought an endorsement at the party s convention but dropped out after Franken was endorsed Mike Ciresi Jim Cohen and Jack Nelson Pallmeyer Independence edit Independence primary results 19 Party Candidate Votes Independence Dean Barkley 6 678 58 88 Independence Jack Uldrich 1 405 12 39 Independence Stephen Williams 800 7 05 Independence Kurt Michael Anderson 761 6 71 Independence Doug Williams 639 5 63 Independence Darryl Stanton 618 5 45 Independence Bill Dahn 440 3 88 Total votes 11 341 100 00 Though Stephen Williams was endorsed by the Independence Party citation needed he lost to former Senator Dean Barkley by over 51 points and was third place in the primary behind Jack Uldrich Republican edit Republican primary results 19 Party Candidate Votes Republican Norm Coleman incumbent 130 973 91 32 Republican Jack Shepard 12 456 8 68 Total votes 143 429 100 00 General Election editCandidates edit The general election was among candidates nominated by three major parties the Minnesota Democratic Farmer Labor Party DFL the Republican Party of Minnesota R and the Independence Party of Minnesota as well as two other parties the Libertarian Party L and the Constitution Party C The Green Party failed to nominate a candidate 20 Charles Aldrich L Dean Barkley IP former U S Senator and co founder of the Minnesota Independence Party 21 22 Norm Coleman R incumbent U S Senator and former mayor of St Paul Al Franken DFL former Air America radio talk show host writer comedian and political commentator James Niemackl C Fundraising edit 2007 year end reports filed with the Federal Election Commission showed that Franken had raised 7 04 million through December 31 2007 while Coleman had raised 6 24 million Year end cash on hand was 6 04 million for Coleman and 3 10 million for Franken 23 Pre primary reports filed with the FEC on August 20 showed Coleman having raised 16 76 million with 5 61 million on hand Franken 13 09 million with 2 37 million on hand and Barkley 14 374 with 5 071 on hand 24 A late October Star Tribune report showed Barkley having raised 56 763 25 Predictions edit Source Ranking As ofThe Cook Political Report 26 Tossup October 23 2008CQ Politics 27 Tossup October 31 2008Rothenberg Political Report 28 Tossup November 2 2008Real Clear Politics 29 Tossup November 1 2008Polling edit nbsp Opinion polls show Franken narrowing Coleman s lead after the primaries Early polling showed Coleman with a large lead over his prospective Democratic opponents But the race narrowed considerably becoming one of the most hotly contested elections in the nation in 2008 A January 29 2008 poll from Minnesota Public Radio showed the first lead for Franken 30 Barkley consistently polled in the 15 20 range and was unable to break past 20 Poll source Date s administered NormColeman R AlFranken DFL DeanBarkley IP Survey USA November 1 2008 44 39 16 Star Tribune October 29 31 2008 38 42 15 Rasmussen Reports October 28 2008 43 39 14 Rasmussen Reports October 22 2008 37 41 17 University of Wisconsin Madison October 19 22 2008 34 40 15 St Cloud State University October 14 22 2008 36 27 16 Minneapolis Star Tribune October 21 2008 36 39 18 Survey USA October 8 18 2008 41 39 18 Quinnipiac University October 8 12 2008 36 38 18 Rasmussen Reports October 7 2008 37 43 17 Minneapolis Star Tribune September 30 October 2 2008 34 43 18 SurveyUSA Archived October 8 2008 at the Wayback Machine September 30 October 1 2008 43 33 19 Quinnipiac September 14 21 2008 49 42 Rasmussen Reports September 18 2008 48 47 3 Minneapolis Star Tribune September 10 12 2008 41 37 13 Survey USA Archived September 17 2008 at the Wayback Machine September 12 2008 41 40 14 Survey USA August 18 2008 46 39 Minnesota Public Radio permanent dead link August 17 2008 40 41 Rasmussen Reports August 13 2008 49 46 Quinnipiac July 24 2008 53 38 Rasmussen Reports July 22 2008 46 49 Rasmussen Reports July 10 2008 42 44 KSTP 31 June 13 2008 48 37 8 Rasmussen Reports June 9 2008 48 45 Quinnipiac June 26 2008 51 41 Survey USA June 10 12 2008 52 40 Rasmussen Reports June 11 2008 48 45 Rasmussen Reports May 22 2008 47 45 Minneapolis Star Tribune May 12 15 2008 51 44 Survey USA April 30 May 1 2008 52 42 Rasmussen Reports April 22 2008 50 43 Rasmussen Reports March 19 2008 48 46 Survey USA March 12 2008 51 41 McLaughlin amp Associates March 6 9 2008 46 40 Minnesota Public Radio Humphrey Institute January 20 27 2008 40 43 Minnesota Public Radio Mason Dixon May 7 9 2007 54 32 Results edit After all the votes were tallied Coleman led Franken by 215 votes well under the 0 5 margin that triggers a mandatory recount according to state law Early on November 5 news organizations including the Associated Press Minnesota Public Radio and Fox News 32 called the election for Coleman NPR and the AP uncalled the race mere hours later 33 Coleman declared himself the victor and suggested that Franken waive his right to a recount Franken was unwilling to do so 34 Since the unofficial results were first posted on the Minnesota Secretary of State s website Coleman s lead had narrowed from 726 votes on November 5 to the official pre recount tally of 215 votes on November 18 Secretary of State Mark Ritchie called these changes well within the normal range in the days immediately following an election when county officials double check and verify election night tabulations reported to the secretary of state s office while Coleman s campaign decried the improbable shifts that are overwhelmingly accruing to the benefit of Al Franken 35 An independent analysis of statewide elections over the previous 10 years showed that the average change in vote totals as reported on election night compared to the certified result was 1 500 votes 36 The results were certified by each county s canvassing board and then on November 18 2008 by the Minnesota State Canvassing Board 2008 United States Senate election in Minnesota Results certified November 18 2008 2 37 38 Party Candidate Votes Republican Norm Coleman incumbent 1 211 590 41 988 7 541 Democratic DFL Al Franken 1 211 375 41 981 5 355 Independence Dean Barkley 437 404 15 19 13 16 Libertarian Charles Aldrich 13 916 0 48 n aConstitution James Niemackl 8 905 0 31 0 21 Write in 2 365 0 08 Plurality 215 0 007 Turnout 2 885 555Note The column reflects the change in total number of votes won by each party from the previous election Additionally votes cast for Paul Wellstone in the 2002 election are not factored into the DFL s total from that year Recount edit nbsp Recounting ballots by hand in Olmsted County In accordance with state law the Minnesota State Canvassing Board ordered a hand recount in the Senate race 39 Representatives of Coleman and Franken observed the sorting and recounting of the ballots at 120 locations across the state on November 19 and largely finished on December 5 The votes were counted locally but ballots that were challenged by either campaign were sent to the state capital for consideration by the State Canvassing Board The board was a five person panel consisting of Secretary of State Mark Ritchie Minnesota Supreme Court Chief Justice Eric Magnuson Justice G Barry Anderson Ramsey County District Court Chief Judge Kathleen Gearin and Assistant Chief Judge Edward Cleary they made determinations of voter intent for ballots where either of the campaign s representatives disagreed with the election officials at the county sites Of the five Canvassing Board members Ritchie was an elected DFLer the two justices were appointed by a Republican governor one judge was appointed by an Independence Party governor and one was elected in a nonpartisan election 40 nbsp Hennepin County ballot paper Of the 4130 precincts in Minnesota one had to delay reporting its totals because election officials deduced that 133 ballots all in a single envelope had gone missing during the recount process 41 After days of searching 42 the State Canvassing Board decided to use that precinct s election day totals which included the missing 133 votes 43 The 133 missing ballots contributed a net 46 votes for Franken By the end of the recount each candidate had gained votes In total Coleman had challenged 3 377 ballots and Franken had challenged 3 278 These ballots were set aside until the State Canvassing Board could meet on December 16 to decide the fate of challenged ballots But Ritchie s office insisted that each campaign voluntarily withdraw some of its challenges due to the strain a large pile of ballot challenges would place on the State Canvassing Board On December 3 Franken s campaign withdrew 633 of its challenges and said that it would withdraw more at a later date 44 The next day Coleman s campaign responded by withdrawing 650 challenges 45 By the time all the ballots that Franken s campaign challenged were examined only 420 challenges were left that had not been withdrawn 46 47 while Coleman s campaign had roughly 1 000 48 The Secretary of State s website had noted that none of the withdrawn ballot challenges were reflected in the running tally of the recount 49 By December 19 the State Canvassing Board had largely concluded its review of the campaigns ballot challenges Of the 1 325 ballots that were reviewed 319 were awarded to Coleman 758 to Franken and 248 were labeled other According to the AP 50 MPR 51 and the Star Tribune 52 the resolution of these challenges marked the first time Franken took a lead in the recount On December 30 the board finished reallocating the withdrawn challenges completing that phase of the recount and leaving Franken with a 49 vote lead 53 54 55 56 One of the last and largest sources of uncertainty was the absentee ballots that had been improperly rejected by election officials during the original count Franken s campaign asked for those ballots to be tallied by each county and counted in the recount results while Coleman s campaign said the canvassing board did not have the authority to deal with the ballots On December 8 some counties began sorting rejected absentee ballots to find out how many were incorrectly rejected 57 On December 12 the Board voted unanimously to recommend counties sort through their rejected absentee ballots setting aside any that were incorrectly rejected and resubmit their vote totals with the incorrectly rejected ballots included 58 The Coleman campaign filed suit with the state Supreme Court to temporarily halt such counting until a standard procedure could be determined 59 but the State Supreme Court ruled on December 18 that the improperly rejected absentee ballots be included in the recount 60 The Court also prescribed that a standard procedure be established by the Secretary of State s office in conjunction with the two campaigns As of December 30 county officials had found about 1 350 wrongly rejected ballots The Franken campaign agreed to count all of those ballots while the Coleman campaign agreed to a subset and also wanted to reconsider more than 700 other absentee ballots On December 30 and 31 representatives of both campaigns met with officials in each county and sorted through the absentee ballots After some were rejected by one campaign or the other 953 ballots were sent to the secretary of state s office The fifth pile of wrongly rejected absentee ballots was opened checked for identifying marks and counted where found eligible on January 3 2009 Of the 933 ballots found to be eligible 481 were for Franken 305 were for Coleman and 147 were for other candidates or were overvotes or undervotes The process was broadcast live online The state canvassing board certified the recounted vote totals on January 5 with Franken ahead by 225 votes 7 Former Minnesota Governor Arne Carlson a Republican who did not endorse a candidate in the 2008 Senate race called for Coleman to concede 61 2008 United States Senate election in Minnesota Results certified January 5 2009 6 62 63 Party Candidate Votes Democratic DFL Al Franken 1 212 431 41 991 5 35 Republican Norm Coleman incumbent 1 212 206 41 984 7 55 Independence Dean Barkley 437 505 15 15 13 15 Libertarian Charles Aldrich 13 923 0 48 n aConstitution James Niemackl 8 907 0 31 0 21 Write in 2 365 0 08 Plurality 225 0 007 Turnout 2 887 337 Note The column reflects the change in total number of votes won by each party from the previous election Additionally votes cast for Paul Wellstone in the 2002 election are not factored into the DFL s total from that year Election certificate edit After the Canvassing Board finished the recount the next step was for the state to issue an official certificate of election State law requires a seven day delay from the Canvassing Board s final report until the certificate can be issued and signed by Ritchie and Minnesota Governor Tim Pawlenty Furthermore state law states that a certificate cannot be issued if an election contest is pending 64 65 On January 12 2009 Franken sent a letter to Ritchie and Pawlenty requesting an election certificate Both declined citing the unresolved election contest by Coleman 66 Later that day Franken filed suit in federal court to force the state to issue a certificate claiming that federal law relating to Senate elections superseded state law 66 The next day his campaign asked the Minnesota Supreme Court to require Pawlenty and Ritchie to issue the certificate 65 and the court held a hearing on the suit on February 5 67 Texas Senator John Cornyn said that GOP senators were prepared to filibuster the seating of the canvassing board s declared winner until a signed election certificate was available as provided under Minnesota law 64 68 On January 21 2009 the day after the inauguration of President Barack Obama Senate Majority Leader Harry Reid said that Senate Democrats were going to try to seat Al Franken at least provisionally until the challenge was resolved Reid also said that there was not a question in anyone s mind that there s been any fraud or wrongdoing in this election Senate Republican leaders countered this by insisting that Franken respect Minnesota laws and allow the completion of the legal review 69 70 Election contest edit Coleman filed a contest of the election results in the Ramsey County District Court on January 6 2009 71 In it he alleged ballot counting irregularities which if corrected would result in his winning the election 72 Among other issues he alleged that there were double counted duplicate ballots 654 valid absentee votes rejected as invalid by county election officials 73 74 and problems in dealing with the lost ballots in a Minneapolis precinct 72 75 Under Minnesota law the chief justice of the state Supreme Court appoints a three judge panel to hear an election contest Because Chief Justice Magnuson had served on the state canvassing board he recused himself passing the task to Alan Page the senior justice on the court 76 Page chose Judge Elizabeth A Hayden of Stearns County who was first appointed by DFL governor Rudy Perpich to preside over the contest Assistant Chief Judge Kurt J Marben of Pennington County appointed by Independence Party governor Jesse Ventura and Assistant Chief Judge Denise D Reilly of Hennepin County appointed by Republican governor Arne Carlson were also appointed 77 On January 12 Franken filed a motion to dismiss Coleman s contest claiming it was an imprecise and scattershot pleading He argued that even if the contest were to proceed the three judge panel should be limited to determining who would be awarded the already certified ballots and to a simple mathematical recount to ensure the accuracy of the canvassing board s count with no additional ballots reviewed 71 On January 22 Franken s attorneys also argued that the case should not go to trial because the U S Senate not the court system has the power under the United States Constitution to judge the election of its members 78 Franken s motion to dismiss was denied by the panel on January 23 79 On January 19 Coleman attorney Fritz Knaak requested that the court open and review all rejected absentee ballots totaling roughly 12 000 because some of them he contended were improperly rejected 80 Coleman s attorneys also proposed a multiple phase trial that would not start until February 2 in which the first phase would focus on rejected absentee ballots 81 The panel denied these requests on January 23 79 82 The trial began on January 26 Coleman s legal team ran into trouble on the first day when the judges refused to enter into evidence copies of the envelopes from allegedly wrongly rejected absentee ballots Coleman s team had made markings on some of their copies of the envelopes so the panel ruled that Coleman s attorney would need to subpoena the original envelopes from the counties 83 On February 3 the judges agreed to consider 4 797 rejected absentee ballots This was fewer than the number requested by Coleman but more than Franken requested These ballots fell into two categories those where voters appeared to have met all legal requirements and those where voters ran afoul of the law through no fault of their own 84 On February 13 the court ruled that no evidence had been presented to establish widespread problems with the counting of absentee ballots and that rejected absentee ballots from 12 of 19 disputed categories would not be counted According to Coleman s attorney this left approximately 3 500 ballots still open for consideration The order also specified that parties must demonstrate that disputed ballots were legally cast not just that they should not have been rejected making it more difficult to argue in favor of counting remaining absentee ballots 85 86 On March 2 the Coleman team rested its case after five weeks of testimony The contest resumed on March 3 with the Franken team presenting its counterarguments On March 13 the trial portion of the contest concluded with closing argument from both sides Franken s closing was delivered by attorney Kevin Hamilton and Coleman s by Joseph Friedburg After closing arguments Franken lead attorney Marc Elias said After seven weeks of trial hundreds of witnesses and thousands of exhibits the trial demonstrated what the state canvassing board found to be true after an exhaustive recount that Al Franken got more votes on Election Day than Norm Coleman We remain confident that the court will uphold the results of the election and allow Al Franken to begin the work the voters of Minnesota hired him to do 87 On March 31 the court issued an order to count at most 400 rejected absentee ballots and denied any other relief 88 89 On April 7 the court scrutinized those ballots and determined that 351 had been legally cast Those votes were counted with 111 going to Coleman 198 to Franken and 42 to others giving Franken a final margin of 312 votes 90 The court dismissed Coleman s suit with prejudice in its final ruling on April 13 finding that his claims had no merit and ordering the Coleman camp to pay the legal costs associated with Coleman s failure to disclose information about Pamela Howell a precinct election judge and witness in the case 9 which was later determined to amount to 94 783 91 In the same ruling the court also rejected Coleman s claim to exclude 132 missing ballots from the recount total and his request to adjust the results based on Coleman s allegations of double counted ballots 10 92 2008 United States Senate election in Minnesota Certified Results after election contest 9 6 62 63 Party Candidate Votes Democratic DFL Al Franken 1 212 629 41 994 5 35 Republican Norm Coleman incumbent 1 212 317 41 983 7 55 Independence Dean Barkley 437 505 15 151 13 15 Libertarian Charles Aldrich 13 923 0 48 n aConstitution James Niemackl 8 907 0 31 0 21 Write in 2 365 0 08 Plurality 312 0 011 Turnout 2 887 646Democratic DFL gain from Republican SwingNote This table combines the certified results of January 5 2009 listed above with the added absentee ballots from April 7 2009 198 for Franken and 111 for Coleman Counties that flipped from Democratic to Republican edit Lincoln largest municipality Tyler Fillmore largest city Spring Valley Grant Largest city Elbow Lake Marshall Largest city Warren Pennington Largest city Thief River Falls Polk Largest city East Grand Forks Pope Largest city Glenwood Red Lake Largest city Red Lake Falls Traverse Largest city Wheaton Yellow Medicine Largest city Granite Falls Clay largest city Moorhead Murray largest city Slayton Jackson largest city Jackson Counties that flipped from Republican to Democratic edit Blue Earth largest city Mankato Nicollet largest city North Mankato Appeal to Minnesota Supreme Court edit On April 20 Coleman filed a notice of appeal to the Minnesota Supreme Court 93 Franken s lawyers requested that the court follow an expedited schedule in hearing the case with oral arguments scheduled for mid May to enable Minnesota to have two seated senators 94 95 In his reply Coleman asked the Court to take its time which would probably delay its decision until June 96 On April 24 the Court issued its order for briefs and oral arguments 97 Oral arguments took place on June 1 98 After the arguments the Minnesota Supreme Court did not indicate how soon it would render judgment 99 Some Democrats and political commentators asserted that Coleman no longer had a serious chance of prevailing in the election and that he continued to file appeals for the sole purpose of delaying the seating of a 60th member of the Democratic caucus in the U S Senate after Pennsylvania Senator Arlen Specter changed his party affiliation from Republican to Democratic on April 28 100 101 Sixty Senators would bring the Democrats to a level where they would not need any Republican votes to overcome a Republican filibuster in the Senate for the balance of the Senate term 102 103 104 Coleman disputed that allegation 105 About 60 of Minnesotans 64 28 59 34 63 37 in three polls said they wanted Coleman to withdraw 106 On June 30 the Minnesota Supreme Court unanimously rejected Coleman s challenge and stated that Franken was entitled to be certified as the winner Coleman announced he would not appeal the result further and congratulated Franken by phone telling him that being senator was the best job he would ever have 107 108 Pawlenty and Ritchie signed the election certificate the same evening 109 Further investigations edit In July 2010 Minnesota Majority a conservative watchdog group conducted a study in which it flagged 2 803 voters in the Senate race for examination including 1 359 it suspected to be ineligible convicted felons in the largely Democratic Minneapolis St Paul area 110 111 Subsequent investigations of Minnesota Majority s claims by election officials found that many of its allegations were incorrect Some of the cases that were submitted involved mistaking a legal voter for a felon with the same name others involved felons who had had their voting rights reinstated after serving their sentences and others were felons who illegally registered to vote but did not vote in 2008 election 112 113 114 Ramsey County officials narrowed their investigation to 180 cases while Hennepin County examined 216 cases 115 Pawlenty said They Minnesota Majority seem to have found credible evidence that many felons who are not supposed to be voting actually voted in the Franken Coleman election I suspect they favored Al Franken I don t know that but if that turned out to be true they may have flipped the election 116 Columnist Nick Coleman of the Minneapolis based Star Tribune called the idea that illegal voting by felons made a difference in the race unbelievable and the Minnesota Majority report good fodder for a right wing scare campaign 117 As of July 2010 the Ramsey County Attorney s Office had brought charges against 28 people 111 In August 2010 the Hennepin County Sheriff s Office received for investigation 110 alleged cases of voter fraud during the 2008 election In October 2010 the Hennepin County Sheriff s Office concluded that there was enough evidence to charge six people for voter fraud Three of the suspects face two felony charges Three other suspects each face one felony charge 118 In October 2010 Hennepin County Attorney Mike Freeman announced that charges would be brought against 43 felons for illegally voting in 2008 119 See also edit1974 United States Senate election in New Hampshire 2008 United States Senate elections List of close election resultsReferences edit FRANKEN Al Biographical Information US Congress July 7 2009 Retrieved July 7 2009 a b State of Minnesota Canvassing Report PDF Minnesota Secretary of State November 18 2008 Archived from the original PDF on November 19 2008 Retrieved January 7 2009 Recount begins in U S Senate race Ritchie hit with blizzard of filings TwinCities com November 19 2008 Senate race 100 counted Coleman up recount coming Star Tribune November 5 2008 Patricia Lopez and Bob von Sternberg Day 4 Ballot counters press on find glitches Star Tribune November 23 2008 Retrieved November 23 2008 a b c Election Reporting Minnesota Secretary of State Archived from the original on November 20 2008 Retrieved January 7 2009 a b Minnesota canvassing board certifies Franken win CNN Political Ticker January 5 2009 Retrieved January 7 2009 Stern Christopher January 5 2009 Democrat Franken Wins Minnesota Recount Coleman Vows Challenge Bloomberg Retrieved January 5 2009 a b c Judges Elizabeth Hayden Kurt Marben amp Denise Reilley Finding of Facts Conclusion of Law and Order for Judgment PDF Minnesota Judicial Branch a b Pat Doyle April 14 2009 Judges rule Franken winner Coleman to appeal Star Tribune Archived from the original on April 18 2009 Retrieved April 14 2009 Minn Court Rules for Franken in Senate Fight The New York Times Retrieved June 30 2009 dead link Norm Coleman concedes Minnesota Senate race to Al Franken Manu Raju and Josh Kraushaar Politico Com June 30 2009 Retrieved June 13 2010 Fiore Faye July 8 2009 Al Franken sworn in with a straight face Los Angeles Times Retrieved July 7 2009 Zdechlik Mark March 3 2008 Coleman campaign ramps up behind the scenes Minnesota Public Radio Retrieved March 12 2008 Les says June 7 2008 The Big Question Blog Archive It s Franken in One Ww3 startribune com Archived from the original on May 30 2012 Retrieved June 13 2010 1 TwinCities com Minnesota Secretary of State Sos state mn us Retrieved June 13 2010 Jack is back Minnesota publicradio org Retrieved June 13 2010 a b c Primary Election Results Minnesota Secretary of State Website Archived from the original on November 14 2008 Green Party holds state convention Mngreens org Archived from the original on June 15 2011 Retrieved June 13 2010 kstp com Ventura out Barkley in Archived from the original on August 2 2008 Retrieved February 11 2016 Jesse the Diva gives way to bravado lite Barkley Archived July 19 2008 at the Wayback Machine Minnesota Post July 15 2008 Retrieved November 7 2008 Candidate Filings Federal Election Commission year end 2007 2008 Race Minnesota Senate Total Raised and Spent opensecrets org OpenSecrets September 1 2008 Retrieved September 18 2008 Five things to know about Dean Barkley Star Tribune October 25 2008 Retrieved November 4 2008 2008 Senate Race ratings for October 23 2008 The Cook Political Report Retrieved April 1 2021 Race Ratings Chart Senate Archived October 28 2010 at the Wayback Machine CQ Politics 2008 Senate ratings Inside Elections Retrieved April 1 2021 2008 RCP Averages amp Senate Results Real Clear Politics Retrieved August 31 2021 See Minnesota United States Senate election 2008 Polling In the June 13 2008 poll with Barkley included you have to watch the video till 2 03 They release the poll results there Coleman Appears Victor as Minnesota Goes to Recount Senate Race Fox News November 5 2008 Retrieved November 7 2008 AP uncalls race due to slim margin Minnesota Public Radio November 5 2008 Retrieved November 8 2008 Recount The Coleman Franken brawl drags on Star Tribune November 6 2008 Retrieved November 7 2008 PAT DOYLE Star Tribune November 10 2008 For Ritchie keeping recount nonpartisan is main goal Startribune com Archived from the original on March 24 2009 Retrieved June 13 2010 Nelson Tim November 12 2008 Shifting vote totals not unusual Minnesota Public Radio Retrieved November 13 2008 Canvassing Report of Votes Cast at the State General Election November 4 2008 PDF Minnesota Secretary of State November 18 2008 Archived from the original PDF on November 19 2008 Retrieved January 6 2009 Canvassing Board Meeting Nov 18 2008 Official minutes PDF Minnesota Secretary of State November 18 2008 Archived from the original PDF on February 3 2009 Retrieved January 6 2009 Tom Scheck November 18 2008 Canvassing board orders Senate recount Scheck Tom November 12 2008 Key panel named in Minn Senate recount Minnesota Public radio Retrieved November 13 2008 Dave Orrick amp Jason Hoppin December 5 2008 On last day s eve envelope with 133 votes is missing St Paul Pioneer Press Retrieved December 7 2008 Ballot hunt ends next stage begins St Paul Pioneer Press Kleefeld Eric December 12 2008 TPM Election Central Talking Points Memo In Boost To Franken Minnesota Restores Missing Ballots To The Count Tpmelectioncentral talkingpointsmemo com Archived from the original on July 18 2011 Retrieved June 13 2010 Rachel E Stassen Berger amp Jason Hoppin December 4 2008 Minnesota U S Senate Race Glut of ballot challenges chokes recount St Paul Pioneer Press Retrieved December 4 2008 Dave Orrick December 4 2008 Coleman campaign withdraws 650 ballot challenges St Paul Pioneer Press Retrieved December 4 2008 Pate Doyle Kevin Duchschere amp Bob Von Sternberg December 18 2008 State Canvassing Board faces big challenge today Star Tribune Archived from the original on January 22 2009 Retrieved December 22 2008 Ballot hunt ends next stage begins St Paul Pioneer Press Pate Doyle Kevin Duchschere amp Bob Von Sternberg December 17 2008 Senate recount Trying to fill in the ovals Star Tribune Archived from the original on March 24 2009 Retrieved December 22 2008 Scheck Tom December 17 2000 Canvassing Board continues tedious process of reviewing ballots Retrieved December 17 2008 The Associated Press Franken opens first lead in Minn Senate race Archived from the original on December 22 2008 Retrieved February 20 2016 Franken takes lead in Senate recount Minnesota Public Radio NewsQ Minnesota publicradio org December 19 2008 Retrieved June 13 2010 Star Tribune Star Tribune Retrieved December 22 2008 dead link Recount Summary PDF Minnesota Secretary of State December 30 2008 Archived from the original PDF on January 17 2009 Retrieved December 31 2008 Rachel E Stassen Berger December 30 2008 Franken leads by 50 St Paul Pioneer Press Retrieved December 30 2008 Dave Orrick December 23 2008 The Recount State high court hears fight over duplicates St Paul Pioneer Press Retrieved December 23 2008 Brian Bakst December 23 2008 Minnesota won t have new senator before 2009 as board s deliberations spill into new year Star Tribune Archived from the original on December 27 2008 Retrieved December 23 2008 Rachel E Stassen Berger amp Dave Orrick December 6 2008 Senate recount ends amid many questions St Paul Pioneer Press Retrieved December 7 2008 Kleefeld Eric December 12 2008 TPM Election Central Talking Points Memo Franken Gets Big Win At Canvass Board Tpmelectioncentral talkingpointsmemo com Archived from the original on December 18 2010 Retrieved June 13 2010 Senate recount 133 5 87 1 big muddle Startribune com December 12 2008 Archived from the original on March 24 2009 Retrieved June 13 2010 Court orders rejected absentees into Senate count Minnesota Public Radio NewsQ Minnesota publicradio org December 18 2008 Retrieved June 13 2010 Former Gov Carlson urges Coleman to concede Minnesota Public Radio NewsQ Minnesota publicradio org January 6 2009 Retrieved June 13 2010 a b Signing Off On A 225 Vote Franken Lead webcast of Canvassing Board Meeting The Uptake January 5 2009 Archived from the original on February 3 2009 Retrieved January 5 2009 a b Final Recount Summary by County PDF Minnesota Secretary of State January 5 2009 Archived from the original PDF on January 21 2009 Retrieved January 7 2009 a b Minnesota Statutes 204C 40 Certificates of Election Minnesota Office of Revisor of Statutes Retrieved January 4 2009 a b Steller Chris January 13 2009 Franken to Supreme Court Make Pawlenty and Ritchie issue election certificate Minnesota Independent Retrieved January 13 2009 a b Patricia Lopez amp Mike Kaszuba January 12 2009 Franken tries to sidestep courts Star Tribune Archived from the original on January 22 2009 Retrieved January 13 2009 Page Alan C January 14 2008 Order A09 64 PDF Minnesota Judicial Branch Retrieved January 14 2009 Welch Chris January 3 2009 Senate GOP prepared to fight if Dems try to seat Franken CNN Retrieved January 7 2009 Senate Democrats move toward seating Franken Yahoo News Archived from the original on January 25 2009 Retrieved January 23 2009 Senate Democrats move toward seating Franken a b Coleman goes to court over Senate recount Startribune com January 7 2009 Archived from the original on March 24 2009 Retrieved June 13 2010 a b Minnesota Senate Seat Election Contest Minnesota Courts January 6 2009 Archived from the original on December 26 2008 Retrieved January 6 2009 Kevin Duchschere amp Mike Kaszuba January 3 2009 Franken up 225 with recount complete focus turns to court Minneapolis Star Tribune Retrieved January 4 2009 Rachel E Stassen Berger January 4 2009 Franken s lead grows in recount finale St Paul Pioneer Press Retrieved January 4 2009 Jason Hoppin amp Dave Orrick January 3 2009 Recount wrapping up Then what St Paul Pioneer Press Retrieved January 5 2009 Weiner Jay amp Black Eric January 8 2009 Recount notebook Musings on Franken Coleman maneuvers Supreme Court leanings and more MinnPost Archived from the original on February 9 2009 Retrieved January 8 2009 Weiner Jay January 12 2009 Judges named to hear Senate election contest Coleman side reacts colorfully to Franken certificate play MinnPost Archived from the original on February 12 2009 Retrieved January 12 2009 Cadei Emily January 22 2009 Franken Makes Case To Let Senate Decide CQPolitics Retrieved January 23 2009 dead link a b Condon Patrick January 23 2009 Franken s motion to dismiss recount suit rejected Associated Press Retrieved January 23 2009 Coleman wants to open thousands of absentee ballots TheHill com Retrieved June 13 2010 MIKE KASZUBA Star Tribune January 16 2009 Senate recount Order expected today on trial date Startribune com Archived from the original on March 24 2009 Retrieved June 13 2010 Duchschere Kevin January 16 2009 Recount Trial on Coleman challenge to begin on Jan 26 Minnesota Star Tribune Archived from the original on January 21 2009 Retrieved January 16 2009 Rachel E Stassen Berger January 27 2009 Markings on absentee ballot envelopes upset Coleman case St Paul Pioneer Press Retrieved January 27 2009 Condon Patrick February 3 2009 5K rejected Minn Senate ballots get another look Associated Press Retrieved February 3 2009 dead link Duchschere Kevin February 14 2009 Recount trial Coleman dealt blow but no knockout Star Tribune Archived from the original on February 19 2009 Retrieved February 16 2009 Dunbar Elizabeth Condon Patrick February 13 2009 Minn Senate trial judges deliver blow to Coleman The Huston Chronicle Archived from the original on February 22 2009 Retrieved February 16 2009 Doyle Pat March 13 2009 Minnesota Senate recount Sudden sprint to finish line Star Tribune Archived from the original on March 16 2009 Retrieved March 15 2009 Judge Elizabeth Hayden April 1 2009 Order for Delivery of Ballots PDF Minnesota Judicial Branch Retrieved April 14 2009 Pat Doyle amp Kevin Duchschere April 1 2009 Senate recount trial Judges ruling is boon to Franken Star Tribune Archived from the original on April 3 2009 Retrieved April 14 2009 Pat Doyle amp Kevin Duchschere April 8 2009 Coleman team vows to appeal tally Star Tribune Archived from the original on April 10 2009 Retrieved April 14 2009 Court Coleman must pay Franken 95 000 in court costs Star Tribune June 11 2009 Retrieved June 15 2009 dead link Al Franken is the winner of Minnesota Senate Race court rules New York Daily News Associated Press April 14 2009 Coleman keeps promise files appeal USA Today April 20 2009 Archived from the original on April 23 2009 Franken Asks State Supreme Court to Expedite Appeal MinnPost com April 21 2009 Archived from the original on April 22 2010 Retrieved April 21 2009 Snyder Richard D April 21 2009 respondent s Motion for Expedited Schedule PDF MinnPost com Archived from the original PDF on April 23 2010 Retrieved April 21 2009 Coleman asks state Supreme Court to take it slow Star Tribune April 22 2009 Archived from the original on April 25 2009 Retrieved April 23 2009 ORDER for briefing schedule PDF Minnesota Supreme Court April 24 2009 Retrieved April 24 2009 State Supreme Court grills lawyers for Coleman Franken Star Tribune June 1 2009 Archived from the original on June 11 2009 Retrieved June 1 2009 Coleman Franken Senate race reaches the Supreme Court Star News June 3 2009 Retrieved June 10 2009 permanent dead link Longtime GOP Sen Arlen Specter becomes Democrat CNN April 28 2009 Retrieved April 28 2009 Cillizza Chris April 28 2009 Specter to switch parties The Washington Post Retrieved April 28 2009 Chaggaris Steve April 15 2009 Morning Bulletin CBS Retrieved April 20 2009 The GOP s Senate stall in Minnesota Chattanooga Times Free Press April 18 2009 Archived from the original on July 23 2011 Retrieved April 20 2009 Black Eric April 17 2009 An explanation for why Coleman hasn t filed notice of appeal MinnPost Archived from the original on April 20 2009 Retrieved April 20 2009 Coleman I think the law is on our side Star Tribune April 17 2009 Retrieved April 19 2009 dead link Brauer David April 26 2009 Your liberal media Public says Norm should concede editorial pages disagree MinnPost Archived from the original on April 28 2009 Retrieved April 28 2009 Minn Court Rules for Franken in Senate Fight The New York Times June 30 2009 Retrieved June 30 2009 dead link Weiner Jay June 30 2009 Senate recount After unanimous ruling for Franken attention shifts to Pawlenty and Coleman MinnPost Archived from the original on July 4 2009 Retrieved June 30 2009 Weiner Jay June 30 2009 Coleman Franken Senate race The day the recount ended and the fight turned into something really nice MinnPost Archived from the original on July 4 2009 Retrieved June 30 2009 and Pawlenty Tim amp Ritchie Mark June 30 2009 Certificate of Election for Six Year Term PDF The Minnesota Independent Center for Independent Media p 2 Retrieved June 30 2009 Barnes Ed July 12 2010 Felons Voting Illegally May Have Put Franken Over the Top in Minnesota Study Finds Fox News a b Pawlenty Investigate felon votes in Senate race Star Tribune Kevin Diaz July 14 2010 Pawlenty Investigate felon votes in Senate race Star Tribune Retrieved July 22 2010 John Croman July 15 2010 Pawlenty felons may have tipped Senate race KARE 11 Archived from the original on January 27 2013 Retrieved July 22 2010 Schroeck eric July 13 2010 Conservative media hype not accurate report to suggest Franken s election was an illegal victory Media Matters Retrieved May 2 2015 Pawlenty Investigate felon votes in Senate race Star Tribune Ed Barnes March 25 2015 It s Time for a Closer Look into Whether Felons Voted in 2008 Minnesota GOP Chairman Says Fox News Nick Coleman July 17 2010 Felons flipped an election Unbelievable Star Tribune Retrieved July 22 2010 Hennepin County Sheriff s Office News Release Voter fraud investigation PDF Archived from the original PDF on April 13 2014 Forliti Amy October 28 2010 Hennepin Co charges 47 cases of voter fraud Pioneer Press Retrieved May 2 2015 Further reading editFoley Edward B The Lake Wobegon Recount Minnesota s Disputed 2008 US Senate Election Election Law Journal 10 2 2011 129 164 Watts Lauren Reexamining Crawford Poll worker error as a burden on voters Washington Law Review 89 2014 175 Deals with Minnesota 2008 onlineExternal links edit nbsp Wikimedia Commons has media related to United States Senate election in Minnesota 2008 nbsp Wikinews has related news Minnesota court declares Franken winner Coleman considers appeal Sheehan amp Coleman v Franken no A09 697 Minn Supreme Court June 30 2009 Minnesota Supreme Court opinion holding that Franken is entitled to election certificate Coleman for Senate Official campaign website Archived Franken for Senate Official campaign website Archived Recount Coverage from VoteForAmerica net Minnesota Secretary of State recount totals Election Contest Court website Minnesota Senate Seat 08 Election at the Minnesota Judicial Branch website provides copies of filings and orders in the case Election Center from the Minnesota Secretary of State News and Candidate Bios from Votimus com Minnesota U S Senate from CQ Politics Minnesota U S Senate from OurCampaigns com Campaign contributions from OpenSecrets Coleman R i vs Franken DFL vs Barkley I graph of multiple polls from VoteForAmerica net Coleman R i vs Franken D graph of multiple polls from Pollster com Joe Conason on the recount Salon com This Is Not Florida How Al Franken Won the Minnesota Senate Recount by Jay Weiner Recounting Minnesota Blogging the Al Franken Election Saga by Carl Eeman Retrieved from https en wikipedia org w index php title 2008 United States Senate election in Minnesota amp oldid 1208870442, wikipedia, wiki, book, books, library,

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