United States Senate election in Minnesota, 2008
Encyclopedia
The 2008 United States Senate election in Minnesota took place on November 4, 2008. After a legal battle lasting over eight months, Al Franken
Al Franken
Alan Stuart "Al" Franken is the junior United States Senator from Minnesota. He is a member of the Minnesota Democratic-Farmer-Labor Party, which affiliates with the national Democratic Party....

 from the Democratic-Farmer-Labor Party (DFL) defeated Republican
Republican Party of Minnesota
The Republican Party of Minnesota is the Minnesota branch of the United States Republican Party. Elected by the party’s state central committee in June 2009, its chairman is Tony Sutton, and its deputy-chairman is Michael Brodkorb.-Early history:...

 incumbent Norm Coleman
Norm Coleman
Norman Bertram Coleman, Jr. is an American attorney and politician. He was a United States senator from Minnesota from 2003 to 2009. Coleman was elected in 2002 and served in the 108th, 109th, and 110th Congresses. Before becoming a senator, he was mayor of Saint Paul, Minnesota, from 1994 to 2002...

 in one of the closest elections in the history of the Senate. Al Franken took his oath of office on July 7, 2009, more than half a year after the beginning of his term on January 3, 2009.

When the initial count was completed on November 18, Franken was trailing Coleman by 215 votes. This close margin triggered a mandatory recount. 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.

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.
Coleman’s appeal of the panel's decision to the Minnesota Supreme Court
Minnesota Supreme Court
The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota and consists of seven members. The court was first assembled as a three-judge panel in 1849 when Minnesota was still a territory. The first members were lawyers from outside of the region who were appointed by...

 was unanimously rejected on June 30, and he conceded the election. Al Franken was sworn in as the junior Senator from Minnesota on July 7, 2009.

Candidates

The general election was among candidates nominated by three major parties, the Minnesota Democratic-Farmer-Labor Party
Minnesota Democratic-Farmer-Labor Party
The Minnesota Democratic–Farmer–Labor Party is a major political party in the state of Minnesota and the state affiliate of the Democratic Party. It was created on April 15, 1944, with the merger of the Minnesota Democratic Party and the Farmer–Labor Party...

 (DFL), the Republican Party of Minnesota
Republican Party of Minnesota
The Republican Party of Minnesota is the Minnesota branch of the United States Republican Party. Elected by the party’s state central committee in June 2009, its chairman is Tony Sutton, and its deputy-chairman is Michael Brodkorb.-Early history:...

 (R), and Independence Party of Minnesota
Independence Party of Minnesota
The Independence Party of Minnesota , formerly the Reform Party of Minnesota, is the third largest political party in Minnesota, behind the Democratic-Farmer-Labor Party and Republican Party . It is the political party of former Minnesota Governor Jesse Ventura , and endorsed former U.S...

, as well as two other parties, the Libertarian Party
Libertarian Party (United States)
The Libertarian Party is the third largest and fastest growing political party in the United States. The political platform of the Libertarian Party reflects its brand of libertarianism, favoring minimally regulated, laissez-faire markets, strong civil liberties, minimally regulated migration...

 (L) and the Constitution Party
Constitution Party (United States)
The Constitution Party is a paleoconservative political party in the United States. It was founded as the U.S. Taxpayers' Party by Howard Philips in 1991. Phillips was the party's candidate in the 1992, 1996 and 2000 presidential elections...

 (C). The Green Party
Green Party of Minnesota
The Green Party of Minnesota is the fourth largest political party in Minnesota and was founded in 1994 on the Four Pillars of the Green Party: Ecological Wisdom, Social and Economic Justice, Grassroots Democracy, and Nonviolence and Peace...

 failed to nominate a candidate.
  • Charles Aldrich (L
    Libertarian Party (United States)
    The Libertarian Party is the third largest and fastest growing political party in the United States. The political platform of the Libertarian Party reflects its brand of libertarianism, favoring minimally regulated, laissez-faire markets, strong civil liberties, minimally regulated migration...

    )
  • Dean Barkley
    Dean Barkley
    Dean Malcolm Barkley is a politician who briefly served as a member of the United States Senate from Minnesota following the death of Paul Wellstone...

     (IP
    Independence Party of Minnesota
    The Independence Party of Minnesota , formerly the Reform Party of Minnesota, is the third largest political party in Minnesota, behind the Democratic-Farmer-Labor Party and Republican Party . It is the political party of former Minnesota Governor Jesse Ventura , and endorsed former U.S...

    )—Former U.S Senator, co-founder of the Minnesota Independence Party.
  • Norm Coleman
    Norm Coleman
    Norman Bertram Coleman, Jr. is an American attorney and politician. He was a United States senator from Minnesota from 2003 to 2009. Coleman was elected in 2002 and served in the 108th, 109th, and 110th Congresses. Before becoming a senator, he was mayor of Saint Paul, Minnesota, from 1994 to 2002...

     (R
    Republican Party of Minnesota
    The Republican Party of Minnesota is the Minnesota branch of the United States Republican Party. Elected by the party’s state central committee in June 2009, its chairman is Tony Sutton, and its deputy-chairman is Michael Brodkorb.-Early history:...

    )—First-term incumbent Senator, former mayor of St. Paul.
  • Al Franken
    Al Franken
    Alan Stuart "Al" Franken is the junior United States Senator from Minnesota. He is a member of the Minnesota Democratic-Farmer-Labor Party, which affiliates with the national Democratic Party....

     (DFL
    Minnesota Democratic-Farmer-Labor Party
    The Minnesota Democratic–Farmer–Labor Party is a major political party in the state of Minnesota and the state affiliate of the Democratic Party. It was created on April 15, 1944, with the merger of the Minnesota Democratic Party and the Farmer–Labor Party...

    )—Former Air America radio talk-show host, writer, comedian, and political commentator.
  • James Niemackl (C
    Constitution Party (United States)
    The Constitution Party is a paleoconservative political party in the United States. It was founded as the U.S. Taxpayers' Party by Howard Philips in 1991. Phillips was the party's candidate in the 1992, 1996 and 2000 presidential elections...

    )

Primaries

In Minnesota candidates are generally endorsed by their political party before the party primaries.
The Republican Party endorsed Norm Coleman, the DFL Party Al Franken, and the Independence Party Stephen Williams. 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.

Notable challengers included former Ventura
Jesse Ventura
James George Janos , better known as Jesse Ventura, is an American politician, the 38th Governor of Minnesota from 1999 to 2003, Navy UDT veteran, former SEAL reservist, actor, and former radio and television talk show host...

 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 Jack Shepard for the Republican nomination. Minneapolis attorney Mike Ciresi
Mike Ciresi
Michael "Mike" V. Ciresi is a prominent trial attorney and was a Democratic-Farmer-Labor Party candidate for the United States Senate from Minnesota. He dropped out on March 10, 2008. Ciresi gained his public reputation by litigating several high-profile mass tort cases...

 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

The following candidates sought an endorsement at the party's convention, but dropped out after Al Franken was endorsed:
Mike Ciresi
Mike Ciresi
Michael "Mike" V. Ciresi is a prominent trial attorney and was a Democratic-Farmer-Labor Party candidate for the United States Senate from Minnesota. He dropped out on March 10, 2008. Ciresi gained his public reputation by litigating several high-profile mass tort cases...

, Jim Cohen
Jim Cohen
Jim Cohen is an American human rights activist, attorney, environmentalist, and former candidate for the United States Senate seat from Minnesota then held by Republican Norm Coleman. Cohen sought the endorsement of the Minnesota Democratic-Farmer-Labor Party, but withdrew his candidacy after...

 and Jack Nelson-Pallmeyer
Jack Nelson-Pallmeyer
Jack Nelson-Pallmeyer is an American academic. He sought the endorsement of Democratic-Farmer-Labor Party as a candidate for U.S. Senate in 2008 but was defeated by Al Franken.-Background:...


Independence

Though Stephen Williams was endorsed by the Independence Party, he lost to Dean Barkley by over 51 points.

Republican

Fundraising

2007 year-end reports filed with the Federal Election Commission
Federal Election Commission
The Federal Election Commission is an independent regulatory agency that was founded in 1975 by the United States Congress to regulate the campaign finance legislation in the United States. It was created in a provision of the 1975 amendment to the Federal Election Campaign Act...

 showed that Al Franken had raised $7.04 million through 12/31/2007 while Norm Coleman had raised $6.24 million. Year-end cash on hand was $6.04 million for Coleman and $3.10 million for Franken.

Pre-primary reports filed with the FEC that cover finances through August 20 show Coleman having raised $16.76 million (with $5.61 million on hand). Franken had raised $13.09 million (with $2.37 million on hand), and Barkley had raised $14,374 (with $5,071 on hand).

A report in late October, by the Star Tribune
Star Tribune
The Star Tribune is the largest newspaper in the U.S. state of Minnesota and is published seven days each week in an edition for the Minneapolis-Saint Paul metropolitan area. A statewide version is also available across Minnesota and parts of Wisconsin, Iowa, South Dakota, and North Dakota. The...

, showed Barkley having raised $56,763 for his campaign.

Predictions

In June 2008, Senator John Ensign
John Ensign
John Eric Ensign is a former United States Senator from Nevada, serving from January 2001 until he resigned amid an investigation of an ethics violation in May 2011...

, the chairman of the National Republican Senatorial Committee
National Republican Senatorial Committee
The National Republican Senatorial Committee is the Republican Hill committee for the United States Senate, working to elect Republicans to that body. The NRSC was founded in 1916 as the Republican Senatorial Campaign Committee...

, stated that the Minnesota Senate race would be one of the ten most competitive Senate races. CQ Politics rated this race as 'No Clear Favorite'. The Cook Political Report considered it a 'Toss-Up'.
The Rothenberg Political Report considered it a 'Narrow Advantage for Incumbent Party'.

Polling

Early polling showed Coleman with a large lead over his prospective Democratic opponents. The senate race narrowed considerably, however, to become one of the most hotly contested elections in the nation in 2008. A January 29, 2008, Minnesota Public Radio
Minnesota Public Radio
Minnesota Public Radio , is the flagship National Public Radio member network for the state of Minnesota. With its three services, News & Information, Classical Music and The Current, MPR operates a 42-station regional radio network in the upper Midwest serving over 8 million people...

 poll showed the first lead for Franken. Independence Party challenger Dean Barkley consistently polled in the 15–20% range; he was never able to break the 20% point.
Poll source Dates administered Coleman
(R)
Franken
(DFL)
Barkley (IP)
Survey USA November 1, 2008 44% 39% 16%
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 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 September 12, 2008 41% 40% 14%
Survey USA August 18, 2008 46% 39%
Minnesota Public Radio 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** 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 & 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

After all the votes were tallied, Norm Coleman led Democrat Al Franken by 215 votes – well under the one half of one percent margin that triggers a mandatory recount according to state law. The recount did not begin until November 19, and finished on December 5, with ballot challenges and other matters yet to be totally resolved.

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

Since the unofficial results were first posted on the Minnesota Secretary of State
Minnesota Secretary of State
The Minnesota Secretary of State is the state secretary of state of the state of Minnesota.The Secretary of State is the keeper of the Great Seal of the State of Minnesota and files and certifies the authenticity of a wide variety of official documents...

's website, Coleman's lead had narrowed from 726 votes on November 5 to the official tally of 215 votes on November 18. Secretary of State Mark Ritchie
Mark Ritchie
Donald Mark Ritchie was elected the 21st Minnesota Secretary of State on November 7, 2006. He was re-elected in 2010. He is a member of the Democratic-Farmer-Labor Party. He grew up in Iowa, and graduated from Iowa State University in 1971...

 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." An independent analysis of statewide elections over the prior 10 years showed that the average change in vote totals as reported on election night compared to the certified result is 1,500 votes. The results were certified by each county's canvassing board and then on November 18, 2008, by the Minnesota State Canvassing Board.
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
Paul Wellstone
Paul David Wellstone was a two-term U.S. Senator from the state of Minnesota and member of the Democratic-Farmer-Labor Party, which is affiliated with the national Democratic Party. Before being elected to the Senate in 1990, he was a professor of political science at Carleton College...

 in the 2002 election
United States Senate election in Minnesota, 2002
The 2002 United States Senate election in Minnesota took place on November 5, 2002. Incumbent Democratic U.S. Senator Paul Wellstone was running for re-election to a third term, but died in a plane crash eleven days before the election. The Democratic-Farmer-Labor Party chose former Vice President...

 are not factored in to the DFL's total from that year.

Recount

In accordance with state law, the Minnesota State Canvassing Board ordered a hand recount in the Senate race, because the margin of victory was within one half of one percent. 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
G. Barry Anderson
Grant Barry Anderson is currently an Associate Justice of the Minnesota Supreme Court, sworn into office on October 13, 2004...

, Ramsey County District Court Chief Judge Kathleen Gearin, and Assistant Chief Judge Edward Cleary; they made determination of the voters' 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 DFL
Minnesota Democratic-Farmer-Labor Party
The Minnesota Democratic–Farmer–Labor Party is a major political party in the state of Minnesota and the state affiliate of the Democratic Party. It was created on April 15, 1944, with the merger of the Minnesota Democratic Party and the Farmer–Labor Party...

er, the two justices were appointed by a Republican
Republican Party of Minnesota
The Republican Party of Minnesota is the Minnesota branch of the United States Republican Party. Elected by the party’s state central committee in June 2009, its chairman is Tony Sutton, and its deputy-chairman is Michael Brodkorb.-Early history:...

 governor, one judge was appointed by an Independence Party
Independence Party of Minnesota
The Independence Party of Minnesota , formerly the Reform Party of Minnesota, is the third largest political party in Minnesota, behind the Democratic-Farmer-Labor Party and Republican Party . It is the political party of former Minnesota Governor Jesse Ventura , and endorsed former U.S...

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

By the end of the recount, each candidate had gained votes, as is reflected in the "± Votes" column listed below. 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, at which point the board began deciding on the challenged ballots. Ritchie's office, however, insisted that each campaign voluntarily withdraw some of their challenges, due to the strain a large pile of ballot challenges would place on the State Canvassing Board. On December 3, Al Franken's campaign withdrew 633 of their challenges, and said that they would withdraw more at a later date. The next day, Coleman's campaign responded by withdrawing 650 challenges. By the time all of the ballots that Franken's campaign challenged were examined, he had only 420 challenges left that had not been withdrawn, while Coleman's campaign had roughly 1000. The Secretary of State's website had noted that none of the withdrawn ballot challenges were reflected in the running tally of the recount.

By December 19, the State Canvassing Board had largely concluded their review of ballot challenges from each campaign. Of the 1,325 ballots that were reviewed, 319 were awarded to Coleman, 758 were awarded to Franken, and 248 were labeled "other".
According to the AP, MPR and the Star Tribune, the resolution of these challenges marked the first time Franken had taken a lead in the recount. On December 30, the board finished reallocating the withdrawn challenges, completing this phase of the recount and leaving Franken with a 49 vote lead.

One of the last—and largest—sources of uncertainty had been the absentee ballots which had been improperly rejected by election officials during the original count. Franken's campaign asked for these 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. On December 12, the Board voted unanimously to recommend counties sort through their rejected absentee ballots, setting aside any that were incorrectly rejected, and to resubmit their vote totals with the incorrectly rejected ballots included. The Coleman campaign filed suit with the state Supreme Court to temporarily halt such counting until "a standard procedure" could be determined, but the State Supreme Court ruled on December 18 that the improperly rejected absentee ballots be included in the recount. 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 ballots 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 were opened, checked for identifying marks, and counted (where found eligible) on January 3, 2009. Of the 933 ballots that were 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 by independent news outlet The UpTake
The UpTake
The UpTake is a Minnesota-based citizen journalist organization. It was founded in July 2007 and has provided online news coverage on a low budget since.Because of its role as a provider of citizen journalism, The UpTake is a not-for-profit organization...

.

The state canvassing board certified the recounted vote totals on January 5 with Franken ahead by 225 votes. Former Minnesota Governor Arne Carlson
Arne Carlson
Arne Helge Carlson, Sr. is an American politician and the 37th Governor of the state of Minnesota.-Early years, education and family:...

, a Republican who did not endorse a candidate in the 2008 Senate race, called for Coleman to concede.
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
Paul Wellstone
Paul David Wellstone was a two-term U.S. Senator from the state of Minnesota and member of the Democratic-Farmer-Labor Party, which is affiliated with the national Democratic Party. Before being elected to the Senate in 1990, he was a professor of political science at Carleton College...

 in the 2002 election
United States Senate election in Minnesota, 2002
The 2002 United States Senate election in Minnesota took place on November 5, 2002. Incumbent Democratic U.S. Senator Paul Wellstone was running for re-election to a third term, but died in a plane crash eleven days before the election. The Democratic-Farmer-Labor Party chose former Vice President...

 are not factored in to the DFL's total from that year.

Election certificate

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 Minnesota Secretary of State Mark Ritchie and Minnesota Governor
Governor of Minnesota
The Governor of Minnesota is the chief executive of the U.S. state of Minnesota, leading the state's executive branch. Forty different people have been governors of the state, though historically there were also three governors of Minnesota Territory. Alexander Ramsey, the first territorial...

 Tim Pawlenty
Tim Pawlenty
Timothy James "Tim" Pawlenty , also known affectionately among supporters as T-Paw, is an American politician who served as the 39th Governor of Minnesota . He was a Republican candidate for President of the United States in the 2012 election from May to August 2011...

. Furthermore, state law states that a certificate cannot be issued if an election contest is pending.

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. 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. The next day his campaign asked the Minnesota Supreme Court to require Pawlenty and Ritchie to issue the certificate, and the court held a hearing on the suit on February 5, 2009.

Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

 Senator John Cornyn
John Cornyn
John Cornyn, III is the junior United States Senator for Texas, serving since 2003. He is a member of the Republican Party. He was elected Chairman of the National Republican Senatorial Committee for the 111th U.S. Congress....

 said that GOP senators were prepared to filibuster
Filibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...

 the seating of the canvassing board's declared winner until a signed election certificate is available, as provided under Minnesota law. On January 21, 2009, the day after the inauguration of Democratic President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

 Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

, Senate Majority Leader Harry Reid
Harry Reid
Harry Mason Reid is the senior United States Senator from Nevada, serving since 1987. A member of the Democratic Party, he has been the Senate Majority Leader since January 2007, having previously served as Minority Leader and Minority and Majority Whip.Previously, Reid was a member of the U.S...

 said that Senate Democrats are "going to try to seat Al Franken" at least provisionally until the challenge is 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.

Election contest

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

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
Alan Page
Alan Cedric Page is a justice on the Minnesota Supreme Court and a member of the Pro Football Hall of Fame. He graduated from Central Catholic High School in 1963, received his B.A. in political science from the University of Notre Dame in 1967, and received his J.D. from the University of...

, the senior justice on the court. Page chose Judge Elizabeth A. Hayden
Elizabeth A. Hayden
Elizabeth Ann Hayden is a judge in Stearns County, Minnesota. She was first appointed by Governor Rudy Perpich in 1986. She served as assistant Stearns County attorney from 1981 to 1986. She has served on the Minnesota Supreme Court Advisory Committee on General Rules of Practice...

 of Stearns County
Stearns County, Minnesota
As of the census of 2000, there were 133,166 people, 47,604 households, and 32,132 families residing in the county. The population density was 99 people per square mile . There were 50,291 housing units at an average density of 37 per square mile...

 (who was first appointed by DFL governor Rudy Perpich
Rudy Perpich
Rudolph George "Rudy" Perpich, Sr. was an American politician and the longest-serving governor of Minnesota. A member of the Democratic-Farmer-Labor Party, he served as the 34th and 36th Governor of Minnesota from December 29, 1976 to January 4, 1979, and from January 3, 1983, to January 7, 1991...

) to preside over the contest. Assistant Chief Judge Kurt J. Marben of Pennington County
Pennington County, Minnesota
As of the census of 2000, there were 13,584 people, 5,525 households, and 3,552 families residing in the county. The population density was 22 people per square mile . There were 6,033 housing units at an average density of 10 per square mile...

 (appointed by Independence Party governor Jesse Ventura
Jesse Ventura
James George Janos , better known as Jesse Ventura, is an American politician, the 38th Governor of Minnesota from 1999 to 2003, Navy UDT veteran, former SEAL reservist, actor, and former radio and television talk show host...

) and Assistant Chief Judge Denise D. Reilly of Hennepin County (appointed by Republican governor Arne Carlson
Arne Carlson
Arne Helge Carlson, Sr. is an American politician and the 37th Governor of the state of Minnesota.-Early years, education and family:...

) were also appointed.

On January 12, 2009, 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, while no additional ballots should be reviewed. On January 22, 2009, Franken's attorneys also argued that the case should not go to trial because the U.S. Senate itself, rather than the court system, has the power under the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

 to judge the election of its own members. Franken's motion to dismiss was denied by the panel on January 23.

On January 19, 2009, 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. 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. The panel denied these requests on January 23.

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 marked on some of their copies of the envelopes, so the panel ruled that Coleman's attorney would need to subpoena the original absentee ballot envelopes from the counties.

On February 3 the judges agreed to consider 4,797 rejected absentee ballots. This was fewer than the number requested by Coleman but greater than Franken requested. These ballots fall 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.

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.

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 counter arguments. 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
Kevin Hamilton
Kevin Hamilton is a current Canadian diplomat, and is Chargé d’affaires at the Office of the Canadian Embassy to Lithuania.Concurrently, he is non-resident Deputy Head of Mission for the Canadian Embassy to Estonia; and non-resident Deputy Head of Mission for the Canadian Embassy to Latvia.Prior to...

 and Coleman's by Joseph Friedburg. After the closing arguments, Franken lead attorney Marc Elias
Marc Elias
Marc Elias is the lead attorney for the 2008 Al Franken for Senate campaign in Minnesota. Elias is a partner at the law firm Perkins Coie whose clients include the Democratic Senatorial Campaign Committee and numerous U.S. Senators, Representatives, and Governors and their campaigns.In 2004, Elias...

 stated: "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."

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

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, which was later determined to amount to $94,783. 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.
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.

Appeal to Minnesota Supreme Court

On April 20, Coleman filed a notice of appeal to the Minnesota Supreme Court
Minnesota Supreme Court
The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota and consists of seven members. The court was first assembled as a three-judge panel in 1849 when Minnesota was still a territory. The first members were lawyers from outside of the region who were appointed by...

.
Franken's lawyers requested that the court follow an expedited schedule in hearing the case (with oral arguments scheduled mid May)
to enable Minnesota to have two seated Senators.
In his reply, Coleman asked the Court to take its time, which probably would delay a decision of the Minnesota Supreme Court until June, and possibly into yet another appeal to the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 when its 2009 term started in October.
On April 24, the Court issued its order for briefs and oral arguments. Oral arguments took place on June 1, 2009. After the arguments the Minnesota Supreme Court did not indicate how soon it would render judgment.

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 the 60th member of the Democratic Caucus in the U.S. Senate (after the switch of Arlen Specter
Arlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...

 from Republican to Democratic on April 28).
Sixty Senators would bring the Democrats to a level where they would not need any Republican votes to overcome a Republican filibuster
Filibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...

 in the Senate for the balance of the Senate term (assuming a straight party-line vote).
Norm Coleman disputed these allegations. About 60% of Minnesotans (64–28, 59–34, 63–37 in three polls) said they wanted Coleman to withdraw.

On June 30, 2009, 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." Governor Pawlenty and Secretary of State Ritchie signed the election certificate on the same evening.

Further investigations

In July 2010, Minnesota Majority, a conservative watchdog group, conducted a study in which they claimed that at least 341 convicted felons in the largely Democratic Minneapolis-St. Paul area voted illegally in the Senate race. Subsequent investigations of Minnesota Majority's claims by election officials found that many of their 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. 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."

In October 2010, the Hennepin County Sheriff's Office concluded an extensive investigation into 110 allegations of fraud, which resulted in six charges being filed — two individuals were charged with the separate felonies of registering to vote while ineligible and voting while ineligible and four others were charged with voting while ineligible.

External links

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