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Context of 'November 10, 2008: Coleman Campaign: ‘Improbable Shifts’ in Voter Tallies Favoring Opponent in Senate Race'

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The US Supreme Court issues a ruling in Bush v. Gore (see December 11, 2000) that essentially declares George W. Bush (R-TX) the winner of the Florida presidential election, and thusly the winner of the US presidential election (see Mid-to-Late November 2000). The decision in Bush v. Gore is so complex that the Court orders that it not be used as precedent in future decisions. The 5-4 decision is split along ideological lines, with Justices Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) and Anthony Kennedy, two “moderate conservatives,” casting the deciding votes. In the per curium opinion, the Court finds: “Because it is evident that any recount seeking to meet the Dec. 12 date will be unconstitutional… we reverse the judgment of the Supreme Court of Florida ordering the recount to proceed.… It is obvious that the recount cannot be conducted in compliance with the requirements of equal protection and due process without substantial additional work.” The decision says that the recounts as ordered by the Florida Supreme Court suffer from constitutional problems (see December 7-8, 2000). The opinion states that differing vote-counting standards from county to county and the lack of a single judicial officer to oversee the recount violate the equal-protection clause of the Constitution. The majority opinion effectively precludes Vice President Al Gore from attempting to seek any other recounts on the grounds that a recount could not be completed by December 12, in time to certify a conclusive slate of electors. The Court sends the case back to the Florida Supreme Court “for further proceedings not inconsistent with this opinion.” Four justices issue stinging dissents. Justice John Paul Stevens writes: “One thing… is certain. Although we may never know with complete certainty the identity of the winner of this year’s presidential election, the identity of the loser is perfectly clear. It is the nation’s confidence in the judge as an impartial guardian of the rule of law.” Justice Stephen G. Breyer adds that “in this highly politicized matter, the appearance of a split decision runs the risk of undermining the public’s confidence in the court itself.” [Per Curiam (Bush et al v. Gore et al), 12/12/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Drafting Opinions - After oral arguments concluded the day before, Chief Justice William Rehnquist said that if they were to remand the case back to Florida, that order must go out immediately in light of the approaching deadline for certification of results; Stevens quickly wrote a one-paragraph opinion remanding the case back to Florida and circulated it, though with no real hope that it would be adopted. The five conservative justices are determined to reverse the Florida decision. For the rest of the evening and well into the next day, December 12, the justices work on their opinions. Stevens prepares the main dissent, with the other three liberal justices preparing their own concurrences. Stevens and Justice Ruth Bader Ginsburg find no support whatsoever for the equal-protection argument, and say so in their writings. Justices Breyer and David Souter give the idea some weight; Souter says that the idea of uniform standards is a good one, but these standards should be created and imposed by the Florida judiciary or legislature. Stopping the recounts solves nothing, he writes. It soon becomes apparent that neither Kennedy nor O’Connor share Rehnquist’s ideas on the jurisdiction of the Florida court, and will not join him in that argument. Kennedy writes the bulk of the majority opinion; as predicted, his opinion focuses primarily on the equal-protection clause of the Constitution. The liberal justices and clerks find Kennedy’s reasoning that stopping the recounts is the only way to ensure equal protection entirely unconvincing. Anthony Scalia circulates a sealed memo complaining about the tone of some of the dissents, asking that the dissenters not call into question the Court’s credibility. (His memo prompts Ginsburg to remove a footnote from her dissent commenting on Florida’s disenfranchised African-American voters; some of the liberal clerks see the incident as Ginsburg being bullied into compliance by Scalia. Subsequent investigations show that thousands of legitimate African-Americans were indeed disenfranchised—see November 7, 2000.) Kennedy sends a memo accusing the dissenters of “trashing the Court,” and says that the dissenters actually agree with his equal-protection argument far more than they want to admit. When he has a line inserted into his opinion reading, “Eight Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy,” some of Stevens’s clerks angrily telephone Kennedy’s clerks and accuse them of misrepresenting Stevens’s position. They demand that the line be removed. Kennedy refuses, and Stevens rewrites his opinion so that he is no longer associated with the position. Kennedy is forced to rewrite the statement to say that “seven,” not “eight” justices agree with his position. One of Stevens’s clerks, Eduardo Penalver, tells Kennedy clerk Grant Dixton that what Kennedy had done was disgusting and unprofessional. Breyer and his clerks are also unhappy about Kennedy’s assertion, but take no action. The line prompts many in the media to claim, falsely, that the decision is a 7-2 split and not a 5-4. The main document, a short unsigned opinion halting the recounts, is written by Kennedy. Two portions are particularly notable: Kennedy’s assertion that the ruling applies only to Bush, and not to future decisions; and that the Court had only reluctantly accepted the case. “That infuriated us,” one liberal clerk later recalls. “It was typical Kennedy bullsh_t, aggrandizing the power of the Court while ostensibly wringing his hands about it.” Rehnquist, Scalia, and Justice Clarence Thomas join the decision, though Scalia is unimpressed with Kennedy’s writing and reasoning. Reportedly, he later calls it a “piece of sh_t,” though he will deny making the characterization.
Lack of Consensus - The lack of consensus between the conservative justices is relatively minor. Among the four liberal justices, though, it is quite pronounced—though all four wish not to end the recounts, only Stevens has a strong position and has stayed with it throughout the process. Souter, Ginsburg, and Breyer were far less certain of their opposition, and resultingly, their dissents, unlike the impassioned Stevens dissent, are relatively pallid. Some of the liberal clerks say that the four’s lack of consensus helped the solid conservative majority stay solid: “They gave just enough cover to the five justices and their defenders in the press and academia so that it was impossible to rile up the American people about these five conservative ideologues stealing the election.”
Final Loss - Gore, reading the opinion, finally realizes that he and his campaign never had a chance with the five conservative justices, though they had hoped that either O’Connor or Kennedy would join the four liberals (see (November 29, 2000)). He congratulates his legal team, led by David Boies, and commends it for making it so difficult for the Court to justify its decision. Some reports will circulate that Souter is depressed over the decision, with Newsweek reporting that he later tells a group of Russian judges that the decision was “the most outrageous, indefensible thing” the Court had ever done. He also reportedly says that had he had “one more day,” he could have convinced Kennedy to turn. However, Souter will deny the reports, and those who know him will say that such comments would be out of character for him. For her part, O’Connor will express surprise that anyone could be angry over the decision. As for Scalia, some Court observers believe that his open partisanship during the process will cost him any chance he may have had to be named chief justice. [Vanity Fair, 10/2004]

Entity Tags: David Souter, William Rehnquist, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, Stephen Breyer, Ruth Bader Ginsburg, Clarence Thomas, George W. Bush presidential campaign 2000, George W. Bush, Florida Supreme Court, John Paul Stevens, Grant Dixton, Sandra Day O’Connor, Eduardo Penalver

Timeline Tags: 2000 Elections, Civil Liberties

In response to a Supreme Court decision allowing states to require photo ID for voting, Fox News states as fact the theory that photo ID requirements would have prevented a case of voter registration fraud in Washington State, in which seven ACORN workers were convicted. Fox News writes, “But if photo ID requirements had been the law in Washington State, the voter fraud scandal involving ACORN in 2006 would never have happened.” [Fox News, 5/2/2008] The report continues: “According to Washington Secretary of State Sam Reed, the incident ‘was the worst case of election fraud in our state’s history. It was an outrage’.” Reed is both misquoted and quoted out of context. He was not referring to photo ID. The Seattle Times version of the same quote reads: “‘Ladies and gentlemen, this is the worst case of voter-registration fraud in the history of the state of Washington. There has been nothing comparable to this,’ state Secretary of State Sam Reed said at a news conference.” [Seattle Times, 7/6/2007; Fox News, 5/2/2008]

Entity Tags: Association of Community Organizations for Reform Now, US Supreme Court, Fox News, Sam Reed

Timeline Tags: Civil Liberties, 2008 Elections

Agents of the Nevada secretary of state and attorney general raid the Nevada office of the Association of Community Organizations for Reform Now (ACORN) on suspicions that ACORN is submitting fraudulent voter registrations, based on an investigation launched by a joint task force between the state’s US Attorney’s office and the FBI. No arrests are made and no charges are laid. [Clark County District Court, 10/6/2008 pdf file] Due to the seizure of computers and files, the office is effectively shut down less than a month before the election. ACORN officials are concerned that the confiscation of their computers will hinder their get-out-the-vote efforts in a key swing state. [Huffington Post, 10/7/2008] ACORN interim Chief Organizer Bertha Lewis responds: “We have zero tolerance for fraudulent registrations. We immediately dismiss employees we suspect of submitting fraudulent registrations.… ACORN met with Clark County [in Las Vegas] elections officials and a representative of the [Nevada] secretary of state on July 17th. ACORN pleaded with them to take our concerns about fraudulent applications seriously.” [ACORN, 10/7/2008]

Entity Tags: Bertha Lewis, Association of Community Organizations for Reform Now

Timeline Tags: Civil Liberties, 2008 Elections

The press reports that the Association of Community Organizations for Reform Now (ACORN) recently submitted a voter registration form filed under the name “Mickey Mouse” to the Orange County, Florida, board of elections. Fox News co-anchors Megyn Kelly and Bill Hemmer, hosting the “straight news” program America’s Newsroom, mock ACORN for filing the form. Under Florida law, ACORN is required to submit all voter registration forms even if it suspects they are bogus: failure to submit a voter registration form is punishable by a $1,000 fine. Kelly reports the form submission, and Hemmer reports that the form was rejected, saying, “ACORN says they are required to turn in every application that is filled out, even if it says Mickey Mouse.” Kelly then says: “I love that, they’ve got the obligation to submit it no matter what it says. Mickey Mouse, Jive Turkey, which we saw yesterday. How are we to know?” ACORN official Brian Kettenring tells a Tampa Bay Times reporter, “We must turn in every voter registration card by Florida law, even Mickey Mouse.” The liberal media watchdog organization Media Matters cites the pertinent Florida statute: “A third-party voter registration organization that collects voter registration applications serves as a fiduciary to the applicant, ensuring that any voter registration application entrusted to the third-party voter registration organization, irrespective of party affiliation, race, ethnicity, or gender shall be promptly delivered to the division or the supervisor of elections.” If a third-party voter registration organization such as ACORN fails to submit any voter registration form, it is liable for a “fine in the amount of $1,000 for any application not submitted if the third-party registration organization or person, entity, or agency acting on its behalf acted willfully.” Kettenring says he is not sure the “Mickey Mouse” voter registration form came through ACORN, though it bore a stamp indicating that it was collected by someone affiliated with the organization. ACORN has come under fire for problems with some of the forms submitted by its employees, including 35 voter registration forms submitted in Pinellas County, Florida, that the Pinellas Board of Elections considered questionable. Recent forms submitted by the organization in Las Vegas listed the names of the starting lineup of the Dallas Cowboys. Republicans are claiming that the “Mickey Mouse” submission and others are part of a nationwide conspiracy by ACORN to subvert the electoral process; Republican National Committee (RNC) counsel Sean Cairncross says that ACORN is a “quasicriminal organization” engaged in “a widespread and systemic effort… to undermine the election process.” Kettenring says that a few of ACORN’s paid voter registrars are attempting to get paid by submitting forms that are clearly not legitimate. ACORN says it fires canvassers who forge applications, citing a recent firing in Broward County of one worker who turned in applications with similar handwriting. The organization alerted the county’s election supervisor to the problem. ACORN pays $8/hour for canvassers to register votes, and does not pay bonuses for volume or a specific number of signatures. The organization says officials call each name on the forms to confirm their legitimacy, but under Florida law must submit even problematic forms. [Tampa Bay Times, 10/14/2008; Media Matters, 10/14/2008] In March 2008, Fox reporters misquoted a Washington state official regarding allegations of ACORN-driven voter fraud (see May 2, 2008). Seven days before the Fox News report, officials raided the Nevada offices of ACORN in a fruitless attempt to find evidence of voters being fraudulently registered (see October 7, 2008). Four days after the report, independent factcheckers will find allegations of voter registration fraud leveled against ACORN to be entirely baseless (see October 18, 2008). Five days after the report, a Fox News guest will accuse ACORN of causing the subprime mortgage crisis (see October 19, 2008). And in 2009, Fox News host Glenn Beck will accuse ACORN and President Obama of working together to create a “slave state” within the US (see July 23, 2009).

Entity Tags: Megyn Kelly, Bill Hemmer, Association of Community Organizations for Reform Now, Brian Kettenring, Republican National Committee, Fox News, Sean Cairncross, Media Matters

Timeline Tags: Civil Liberties, Domestic Propaganda, 2008 Elections

The non-partisan FactCheck.org, an organization sponsored by the Annenberg Public Policy Center, runs an article that discusses the ACORN “voter fraud” issue in depth. It states that there is no evidence of the “democracy-destroying fraud” that Republican presidential candidate John McCain accused ACORN of, draws a distinction between voter registration fraud and voter fraud, and acknowledges that true voter fraud is relatively rare, citing a five-year investigation by the Bush administration Department of Justice that found no evidence of organized voter fraud. Dan Satterberg, the Republican prosecutor who handled the largest ACORN voter registration case in the nation, in King County, Washington, in 2006, is quoted saying “this scheme was not intended to permit illegal voting,” and “ACORN is a victim of employee theft.” In its headline and lede, however, the FactCheck article says that McCain’s Democratic rival Barack Obama is “soft-pedal[ing]” his ties with ACORN, placing this on the same level as John McCain’s statement that ACORN “is now on the verge of maybe perpetrating one of the greatest frauds in voter history in this country, maybe destroying the fabric of democracy.” [Annenberg Political FactCheck, 10/18/2008] The article is also run by Newsweek. [Newsweek, 10/18/2008]

Entity Tags: Dan Satterberg, Association of Community Organizations for Reform Now, FactCheck (.org), Barack Obama, John McCain

Timeline Tags: Civil Liberties, 2008 Elections

Norm Coleman (l) and Al Franken (r) are locked in a recount battle for a US Senate seat representing Minnesota.Norm Coleman (l) and Al Franken (r) are locked in a recount battle for a US Senate seat representing Minnesota. [Source: MediaBistro (.com)]The US Senate race in Minnesota, between incumbent Norm Coleman (R-MN) and challenger Al Franken (D-MN), concludes with Coleman enjoying a razor-thin margin of victory and declaring himself the victor. However, Franken (running as the candidate for the “Democratic-Farmer-Labor” party, or DFL, Minnesota’s version of the state Democratic Party) says he will ask for a recount, as is his right under Minnesota law. Minnesota officials say the recount could delay the final result of the race until December. The Minneapolis Star-Tribune characterizes the race between Coleman and Franken as “one of the most bitter… in Minnesota history.” The initial results show Coleman in the lead by 215 votes, though he was adjudged to lead by as much as 725 votes in early estimates. The Associated Press previously called Coleman the winner, but has now withdrawn that call, labeling the race as too close to judge. Franken says his campaign is investigating alleged voting irregularities at a number of polling places, and adds: “[A] recount could change the outcome significantly.… Let me be clear: Our goal is to ensure that every vote is properly counted.” Minnesota Secretary of State Mark Ritchie (D-MN) says a recount would not begin until the middle of the month and would likely stretch into December. “No matter how fast people would like it, the emphasis is on accuracy,” he says. The vote is split three ways, with Coleman and Franken each having 42 percent of the vote and Independence Party candidate Dean Barkley having 15 percent. Exit polls show Franken rode a wave of Democrats voting for Barack Obama (D-IL) as president, including a large number of first-time voters. Minnesota delivered its electoral votes for Obama. However, Barkley drained a significant amount of votes away from Franken. Franken had trouble convincing some voters of his credibility, in light of his career as an overtly liberal comedian and author, while Coleman was hurt by being connected with the poorly performing US economy under President Bush. Franken caught up with Coleman in polling after the stock market almost collapsed in September. Franken says that like the just-elected Obama, “I believe we’re going to celebrate a victory in this race, too.” Coleman tells supporters that he “feels good” about the ultimate results. Both Franken and Coleman engaged in harshly negative campaign advertising, which drove a large number of voters to choose Barkley in the race. National Republicans called Franken “unfit for office” because of his liberalism, while Franken attacked Coleman by pairing him with Bush, telling voters that Coleman helped Bush “drive the economy right into the ditch.” The two campaigns together spent almost $50 million, making it by far the most expensive Senate race in the country. Franken was dogged by allegations that he did not pay the proper income taxes, and embarrassed by examples of “lewd” humor from his past comedy engagements, leading him to apologize for some of his humor to his supporters. Coleman dealt with questions about his payment of artificially low rent on an exclusive Capitol Hill rowhouse, and questionable contributions from wealthy benefactors. Coleman asks Franken to waive the recount in the interest of saving Minnesota taxpayers the cost of the procedure, and so that “healing” from the hotly contested race can begin. [Minneapolis Star-Tribune, 11/5/2008; Minneapolis Star-Tribune, 11/6/2008; Associated Press, 1/6/2009]

Entity Tags: Mark Ritchie, Al Franken, Associated Press, George W. Bush, Minneapolis Star-Tribune, Norm Coleman, Barack Obama

Timeline Tags: Civil Liberties, 2008 Elections

Two days after the US Senate election in Minnesota failed to produce a clear winner (see November 4-5, 2008), Senator Norm Coleman (R-MN) demands that his challenger, Al Franken (D-MN), concede. Franken has asked that the votes be recounted, as Coleman originally led with a razor-thin 725-vote margin of victory. (A recount is automatic under the law with a margin of victory of less than 0.5 percent, as this one is.) As ballot totals have shifted with the addition of absentee and other ballots, Coleman’s margin has shrunk even further, to 438 votes. Franken says that “a recount could change the outcome significantly,” and adds: “Let me be clear: Our goal is to ensure that every vote is properly counted.” Coleman has requested that the recount not take place, and has declared himself the winner of the election. Coleman also says that a recount would cost some $86,000 to Minnesota taxpayers, a cost he describes as prohibitively high considering that he would almost certainly win the recount. Franken does not concede. [Minneapolis Star-Tribune, 11/6/2008]

Entity Tags: Norm Coleman, Al Franken

Timeline Tags: Civil Liberties, 2008 Elections

The campaign of US Senate candidate Norm Coleman (R-MN) says that “improbable shifts” in vote tallies are improperly favoring Coleman’s opponent, Al Franken (D-MN), in Minnesota’s Senate race. The accusation implies that Minnesota Secretary of State Mark Ritchie (D-MN) is exhibiting partisan bias in the Senate race recount. Franken requested a recount after Coleman was declared the winner by a margin narrow enough to legally support such a request (see November 4-5, 2008). Ritchie won the office two years ago after accusing his Republican predecessor of partisan bias. He promises that his oversight of the Senate recount will be fair, transparent, and impartial. “Minnesotans have an expectation of a nonpartisan election recount,” he has said. Coleman’s initial estimate of a 725-vote margin of victory has dwindled to some 200 votes, prompting Coleman to complain of “improbable shifts” in the vote tallies that are unfairly benefiting Franken. One of Coleman’s lawyers tells a reporter, “We’re not going to sit idly by while mysterious, statistically dubious changes in vote totals take place after official government offices close.” Ritchie responds by accusing the Coleman campaign of trying “to create a cloud” over the recount and “denigrating the election process,” and says that such shifts are normal when votes are retallied after any election, when county officials verify election night tabulations reported to his office. Ritchie says the Coleman campaign is mounting “a well-known political strategy,” adding, “If people want to accuse county elections officials of partisan activity, they better be ready to back it up.” Ritchie oversaw a recent Supreme Court election that was praised by both sides as being fairly handled. [Minneapolis Star-Tribune, 11/10/2008; TPM Muckraker, 11/11/2008] According to Ritchie’s office, small vote shifts after an election is called are normal. After an election, the office says: “[E]lection officials proof their work and make corrections, as necessary. It is routine for election officials to discover a number of small errors, including improper data entry, transposition of digits (e.g. entering the number 48 instead of 84), and other items that affect the reported outcome.” [Huffington Post, 11/21/2008]

Entity Tags: Mark Ritchie, Al Franken, Norm Coleman

Timeline Tags: Civil Liberties, 2008 Elections

The National Republican Senatorial Committee (NRSC) launches attacks on Minnesota Secretary of State Mark Ritchie (D-MN) in an attempt to throw the Minnesota Senate race recount into doubt. Senator Norm Coleman (R-MN) and challenger Al Franken (D-MN) ran for Coleman’s seat in the US Senate, and the results, narrowly favoring Coleman, were challenged by Franken (see November 4-5, 2008). The NRSC distributes a three-page “backgrounder” on Ritchie to reporters that implies Ritchie is letting his political background affect his conduct in administering the recount. Among Ritchie’s “suspicious” activities are his speech at the Democratic convention during the summer, and his having “led a voter registration coalition that included ACORN,” the much-vilified Association of Community Organizations for Reform Now (see May 2, 2008, October 7, 2008, October 18, 2008, and October 14, 2008). The NRSC even attempts to imply that Ritchie is a Communist sympathizer in a piece entitled “Communist Party USA Wrote Encouragingly Of His Candidacy.” (On November 19, Fox News’s Andrew Napolitano will call Ritchie a “former Communist” and a “former member of the Communist Party,” but without advancing any proof of the allegations.) According to a report by TPM Muckraker’s Zachary Roth, “there’s no evidence that Ritchie has ever used his role as the state’s top elections administrator to advantage Democrats.” Roth writes that “the point of the GOP gambit… appears to be to cast public doubt on the integrity of the recount process, thereby bolstering Coleman’s claim that’s he’s the rightful winner and that a recount is unnecessary—just the strategy pursued by George Bush’s campaign in Florida in 2000.” [TPM Muckraker, 11/11/2008; Media Matters, 11/20/2008]

Entity Tags: National Republican Senatorial Committee, Al Franken, Andrew Napolitano, Association of Community Organizations for Reform Now, Norm Coleman, Zachary Roth, Communist Party USA, Mark Ritchie

Timeline Tags: Civil Liberties, 2008 Elections

An unsigned op-ed in the Wall Street Journal accuses the Senate campaign of Al Franken (D-MN) of voter fraud. Franken and incumbent Norm Coleman (R-MN) are locked in a race that was too close to call, and are awaiting the results of a recount (see November 4-5, 2008). Since then, the Coleman campaign (see November 10, 2008) and the National Republican Senatorial Committee (NRSC—see November 11, 2008) have implied a variety of wrongdoings, including underhanded ballot tally manipulation, partisan bias, and even shadowy connections to the Communist Party. Some Democrats, the Journal states, are engaged in “stealing a Senate seat for left-wing joker Al Franken.” The Journal reiterates a claim by Coleman’s lead recount lawyer Fritz Knaak that the director of the Minneapolis Board of Elections forgot to count 32 absentee ballots that she had left in her car. The Coleman campaign attempted to get a judge to stop those ballots from being added to the total, the Journal states, but the judge refused to do so. The Journal also records a number of statistically “unusual” or “improbable” vote tally shifts that have combined to shave Coleman’s initial 725-vote lead to just over 200. The Journal joins Coleman and the NRSC in attacking Secretary of State Mark Ritchie (D-MN), whose office is overseeing the upcoming recount. It cites Ritchie’s own run for office in 2006, which was supported by, among others, liberal activist group MoveOn.org, and says Ritchie is “an ally” of “the Association of Community Organizations for Reform Now, or ACORN, of fraudulent voter-registration fame” (see May 2, 2008, October 7, 2008, October 18, 2008, and October 14, 2008). Ritchie’s “relationship” with ACORN, the Journal states, “might explain why prior to the election Mr. Ritchie waved off evidence of thousands of irregularities on Minnesota voter rolls, claiming that accusations of fraud were nothing more than ‘desperateness’ from Republicans.” The Journal expands its accusations to include the Franken campaign, which it says is “mau-mauing election officials into accepting tossed ballots.” [Wall Street Journal, 11/12/2008; MinnPost, 11/12/2008] The same day as the Journal op-ed is published, Governor Tim Pawlenty (R-MN) repeats the allegation about the absentee ballots being left overnight in an election official’s car, telling a Fox News reporter: “As I understand it, and this is based on news accounts, he claims that even though they were in his car, that they were never outside of his security or area of control, so the courts allowed that. It seems a little loose to me.” Asked by a Fox reporter, “What were they doing in his car?” Pawlenty replies: “There has not been a good explanation for that, Kelly. That’s a very good question, but they’ve been included in the count pile which is concerning.” Pawlenty mischaracterizes the gender of the Minneapolis Elections Director, Cindy Reichert. Reichert also says the entire story is “just not true.” The story comes from Knaak, who initially told reporters, “We were actually told ballots had been riding around in her car for several days, which raised all kinds of integrity questions.” By the day’s end, Knaak backs away from the claim of impropriety. A local outlet reports, “Knaak said he feels assured that what was going on with the 32 ballots was neither wrong nor unfair.” Reichert says that Knaak’s story is entirely false. No ballots were ever left in her car, nor were they left unattended in anyone else’s car. They were secured between Election Night and when they were counted. They were briefly in an election official’s car, along with every other absentee ballot, as they were all driven from individual precincts to polling places as mandated by Minnesota election law. “What I find ludicrous is that this goes on all around the state,” Reichert says. “If we could process them [at City Hall] we’d love to do that.” The absentee ballots were transported, sorted, and counted according to standard elections procedures, Reichert says. The 32 ballots in question were not counted until November 8, and both the Coleman and Franken campaigns were informed that the ballots were not included in the initial Minneapolis tallies. The tally for those 32 ballots: Franken 18, Coleman seven, and seven for other candidates or for no one. [MinnPost, 11/12/2008]

Entity Tags: Tim Pawlenty, Fox News, Cindy Reichert, Al Franken, Fritz Knaak, Norm Coleman, Mark Ritchie, Wall Street Journal, National Republican Senatorial Committee

Timeline Tags: Civil Liberties

The campaign of US Senate candidate Norm Coleman (R-MN) says that Minnesota’s Secretary of State, Mark Ritchie (D-MN), has displayed partisan behavior on behalf of challenger Al Franken (D-MN) by announcing that his office would consider counting some absentee ballots that were not counted during the initial vote tallies. Approximately 1,000 absentee ballots were not counted in the initial tallies, and Franken’s legal team contends that most of them were wrongly rejected by election judges. The initial election results triggered a recount (see November 6, 2008); Coleman has already implied that efforts are underway to manipulate the vote in favor of Franken (see November 10, 2008), implications previously made by the National Republican Senatorial Committee (see November 11, 2008 and November 12, 2008). Coleman’s lead campaign lawyer Fritz Knaak says that the Franken campaign is engaging in “Florida-like tactics” in the absentee ballot issue (see 9:54 p.m. December 12, 2000). For its part, the Franken campaign is accusing the Coleman campaign of resorting to “baseless charges and innuendo.” Franken’s campaign is attempting to ascertain the names of the voters whose absentee ballots were rejected, with an eye to having them reconsidered. Studies have shown that rejected ballots tend to favor Democrats, leading elections expert Larry Jacobs to observe, “With the voter who tends to pull the lever for Democrats, there’s a little less dexterity.” One voter whose absentee ballot was rejected, Mark Jeranek, says his vote was set aside because he did not sign the envelope into which he placed his ballot. Jeranek voted for Franken, and has received an affidavit from the Franken campaign, which he is considering signing. “I don’t want to be a cause for revolution, but at the same time I want my vote to count,” he says. “It’s kind of neat—at least for a senatorial race—that it really does come down to every individual vote.” [Time, 11/17/2008; Weiner, 2010, pp. xviii]

Entity Tags: Mark Jeranek, Al Franken, Fritz Knaak, Mark Ritchie, Larry Jacobs, Norm Coleman, National Republican Senatorial Committee

Timeline Tags: Civil Liberties, 2008 Elections

The campaign of US Senate candidate Norm Coleman (R-MN) issues a press release claiming that Coleman’s victory is “confirmed.” Coleman’s press release is erroneous. Coleman’s campaign manager, Cullen Sheehan, issues a similarly erroneous statement that says: “Senator Coleman has, for the third time, been named the winner of the 2008 election. We look forward to the beginning of tomorrow’s recount, and to what we believe to be the ultimate conclusion of the final chapter of this year’s election—the re-election of Senator Norm Coleman.” Far from being confirmed, the recount procedure involving Coleman and his opponent Al Franken (D-MN) has not officially begun (see November 4-5, 2008). It is unclear what basis Coleman has for claiming victory, and no official entity has confirmed Coleman’s victory in the race. Franken’s campaign also issues a release announcing that the recount procedure is about to commence, noting accurately that the State Canvassing Board has refused to certify a winner and stating the campaign’s intention to support the recount. [Minnesota Independent, 11/18/2008; New York Times, 11/18/2008] MSNBC reports that Coleman “is trying to look the part of the winner [in order to be able to] call into question any lead taken by Franken in the recount.” [MSNBC, 11/19/2008] Three days later, liberal reporter Eric Hananoki will write that Coleman is going beyond taking “premature victory laps” by demanding a halt to the recount, “float[ing] false voter fraud stories,” and “smear[ing] election officials” (see November 10, 2008, November 11, 2008, and November 12, 2008). [Huffington Post, 11/21/2008]

Entity Tags: Norm Coleman, Minnesota State Canvassing Board, Eric Hananoki, Al Franken, Cullen Sheehan, MSNBC

Timeline Tags: Civil Liberties, 2008 Elections

US Representative Michele Bachmann (R-MN) denies saying that US Senate candidate Al Franken (D-MN), currently locked in a recount with Senator Norm Coleman (R-MN—see November 4-5, 2008), “stuff[ed] the ballot box” to stay abreast of Coleman in the Senate race. Bachmann made the comments on MSNBC’s Hardball just before the election. Fox News co-host Alan Colmes of Hannity and Colmes offers to show Bachmann a video clip of her making the statement, but Fox terminates the segment with Bachmann before the clip can be aired. In the same appearance, Bachmann accused President-elect Obama and some Democrats in Congress of being “anti-American,” and suggested the media investigate her claim. She denied making that statement also (see October 17-22, 2008). On Hannity and Colmes, Bachmann says that Franken “wants to stuff the ballot box with rejected ballots,” and this “calls into question what the record is and who’s watching the books.” Bachmann now says that Hardball host Chris Matthews baited and trapped her into making her remarks, and an “urban legend” about what she said quickly sprang up. “What I said was, ‘Do your job,’” she tells Colmes. “That’s what I said.” [Minneapolis Star-Tribune, 11/20/2008]

Entity Tags: Barack Obama, Al Franken, Alan Colmes, Norm Coleman, Chris Matthews, Fox News, Michele Bachmann

Timeline Tags: Civil Liberties

One hundred and thirty-three ballots, stored in a single envelope, are missing from the warehouse containing the hundreds of thousands of ballots cast in Minnesota during the November elections. The ballots are part of a statewide recount (see November 19, 2008) to determine the winner of the US Senate race between incumbent Norm Coleman (R-MN) and Al Franken (D-MN—see November 4-5, 2008). Minneapolis officials are diligently searching for the missing ballots, according to Mayor R.T. Rybak (D-MN). The recounts are supposed to be finished today, but Minneapolis has been granted an extension to find the ballots. Franken’s lead recount attorney, Marc Elias, issues the following statement: “Find the ballots.… The outcome of this election might be at stake.” The Coleman campaign is alleging ballot tampering. “We do not know that there are any ballots missing, and it is premature and simply irresponsible to suggest that they are,” says Coleman’s attorney Fritz Knaak. He goes on to say that because Rybak, Secretary of State Mark Ritchie, and many Minneapolis city officials are Democrats, there could be some kind of orchestrated effort to suppress votes to favor Franken. However, “It is critical that there be no effort to make this matter a partisan issue,” he adds. Minneapolis Elections Director Cindy Reichert says there is no evidence of any sort of “foul play” concerning the missing ballots (see November 12, 2008). Official recount tallies show Coleman with a 205-vote lead, but this number is not current and Franken is expected to gain votes, especially if the missing ballots are found and tallied. The missing ballots are from a precinct largely populated by college students, considered a group that generally favors Franken. [St. Paul Pioneer Press, 12/5/2008] Four days later, Minneapolis declares the ballots to be irretrievably missing, ending the state’s counting of ballots and moving the recount process into the next phase—canvassing the results and considering ballots challenged by the two campaigns. Ritchie says that the canvassed and audited election-night results from the precinct can be counted in lieu of the missing ballots, though it takes four more days for the Canvassing Board to come to the same conclusion. Counting the ballots adds 36 (later reported as 46) to Franken’s total. Coleman’s campaign says that there may be other reasons for the ballot issue, with a spokesman saying, “We would hope further review of these other scenarios will be conducted, rather than just accepting the political spin of the Franken campaign.” The Coleman campaign is also protesting some counties’ decision to review initially rejected absentee ballots. Franken is expected to gain votes if the absentee ballots in question are counted. [St. Paul Pioneer Press, 12/9/2008; TPM Election Central, 12/12/2008]

Entity Tags: Norm Coleman, Cindy Reichert, Al Franken, Fritz Knaak, Marc Elias, R.T. Rybak, Mark Ritchie, Minnesota State Canvassing Board

Timeline Tags: Civil Liberties, 2008 Elections

The Minnesota Supreme Court unanimously rejects a lawsuit by Minnesota Senate candidate Norm Coleman (R-MN), who argued that absentee ballots should not be counted in the vote tallies that are giving his opponent, Al Franken (D-MN), an edge in the recount for the Senate seat both are vying for (see November 4-5, 2008). The Coleman campaign, alleging that many of the votes were counted twice, has asked that vote tallies in 25 selected precincts should be reverted to their Election Night totals, which would blot out Franken’s lead in the vote count. The Minnesota high court rules that a question such as this should be reserved for post-recount proceedings, and says that the Coleman campaign’s theory of double-counted ballots is not supported by evidence. Currently, Franken leads by a narrow 47-vote margin. According to press reports, the lawsuit was Coleman’s last, best shot at winning the seat; with the high court’s decision, a Franken victory is “nearly a foregone conclusion when this recount finishes up in early January.” Coleman’s lead recount lawyer Fritz Knaak says that the decision “virtually guarantees that this will be decided in an election contest,” indicating that the Coleman campaign is not yet ready to concede defeat and may well be planning further litigation. “[I]t’s highly unlikely that one senator will be seated on January 6th,” Knaak says. Franken campaign spokesperson Andy Barr says: “We win in Supreme Court. The process can move forward despite attempts to halt its progress and cast doubt on the result.” [TPM Election Central, 12/24/2008; MPR News, 12/24/2008; Minneapolis Star-Tribune, 12/24/2008]

Entity Tags: Minnesota Supreme Court, Al Franken, Andy Barr, Fritz Knaak, Norm Coleman

Timeline Tags: Civil Liberties, 2008 Elections

US Senate candidate Al Franken (D-MN) is confirmed as the winner of the Minnesota Senate race over incumbent Norm Coleman (R-MN) after over a month of vote recounting and legal maneuvering by both sides. Coleman was initially declared the winner, but Franken immediately requested a recount, as the vote margin was very close (see November 4-5, 2008). Franken is declared the winner by 225 votes out of 2.9 million cast. The final totals: Franken with 1,212,431 votes and Coleman with 1,212,206 votes. Third-party candidate Dean Barkley also garnered a significant number of votes. Coleman says he intends to file a lawsuit challenging the results, blocking Franken from being seated in the Senate. Coleman’s attorney Tony Trimble says: “This process isn’t at an end. It is now just at the beginning.” Senate Minority Leader Mitch McConnell (R-KY) says, “The race in Minnesota is not over.” Franken says, “After 62 days of careful and painstaking hand-inspection of nearly 3 million ballots, after hours and hours of hard work by election officials and volunteers around the state, I am proud to stand before you as the next senator from Minnesota.” Both sides mounted an aggressive challenge to votes, with campaign officials challenging thousands of ballots during the recounts. Franken made headway when election officials opened and counted some 900 ballots that had erroneously been disqualified on Election Day. Coleman says some ballots were mishandled and others were wrongly excluded from the recount, thus denying him the victory. His loss was made certain when the Minnesota Supreme Court refused to change the totals of the recount (see December 24, 2008). The state Canvassing Board, the entity in charge of the recounts, votes unanimously to accept the totals as final. Franken’s lawyer Mark Elias says of Coleman’s promised court fight: “Former Senator Coleman has to make a decision. And it is a profound decision, one that he has to look into his heart to make: Whether or not he wants to be the roadblock to the state moving forward and play the role of a spoiler or sore loser or whether he wants to accept what was a very close election.” Senate Majority Leader Harry Reid (D-NV) says, “The race in Minnesota is over,” and calls Republican efforts to continue challenging the result “only a little finger pointing.” However, a spokesperson for Reid says Franken will not be seated when Congress convenes later in the week. Senator John Cornyn (R-TX) warns that any attempt to seat Franken would result in “chaos.” Trimble says that the recount was handled poorly, and there “can be no confidence” in the result. The seat will remain unfilled until Coleman’s legal challenge is settled. [Bloomberg, 1/5/2009; Associated Press, 1/6/2009; Minneapolis Star-Tribune, 1/6/2009] Republicans in the Minnesota legislature have speculated on the possibility of Governor Tim Pawlenty (R-MN) appointing someone, presumably a Republican, to take the Senate seat on a temporary basis while the recount plays out, but Democrats, who hold the majority in the legislature, say they will block any such efforts. Legal experts say Pawlenty’s legal authority to make such an appointment is dubious at best. [Minneapolis Star-Tribune, 1/6/2009] Later press reports will state that Franken’s margin of victory was 312 votes, after a judicial panel reviews the recount totals. [Minneapolis Star-Tribune, 4/22/2009] Coleman files a lawsuit to block Franken’s victory (see January 7, 2009).

Entity Tags: Dean Barkley, Harry Reid, Minnesota State Canvassing Board, Al Franken, John Cornyn, Minnesota Supreme Court, Tony Trimble, Mitch McConnell, Norm Coleman, Tim Pawlenty, Mark Elias

Timeline Tags: Civil Liberties, 2008 Elections

A three-judge panel rules that Al Franken (D-MN) is the legitimate winner of Minnesota’s hotly contested US senate seat (see November 4-5, 2008), ruling against Franken’s opponent, former Senator Norm Coleman (R-MN—see January 26, 2009). Ironically, when the judges reviewed the ballots under consideration, Franken was awarded almost 100 more votes, setting his margin of victory at 312 votes. Coleman says he will appeal the decision, which will continue to block Franken from taking his seat in the Senate. [Associated Press, 4/14/2009]

Entity Tags: Norm Coleman, Al Franken

Timeline Tags: Civil Liberties, 2008 Elections

The Minnesota Majority Legal Defense Fund logo. It is not known if the misspelling of “defend” is deliberate.The Minnesota Majority Legal Defense Fund logo. It is not known if the misspelling of “defend” is deliberate. [Source: Minnesota Majority / WePay (.com)]The conservative activist group Minnesota Majority issues a report claiming that Senator Al Franken (D-MN) won the hotly contested recount for the Minnesota seat (see June 30, 2009) because of votes cast by felons voting illegally in Minneapolis-St. Paul. According to the report, at least 341 convicted felons who had lost the right to vote cast their votes for Franken in the 2008 race (see November 4-5, 2008). Franken was found to have won the race by 312 votes. If the votes allegedly cast illegally were deducted from the final vote tally, Franken’s opponent Norm Coleman (R-MN) would be the winner, the report says. Minnesota Majority makes its claim after studying publicly available conviction lists and voting records. The group claims that attempts to secure an investigation by state and federal authorities have been “stonewalled.” Minnesota Majority executive director Dan McGrath says: “We aren’t trying to change the result of the last election. That legally can’t be done. We are just trying to make sure the integrity of the next election isn’t compromised.” McGrath complains that prosecutors in Ramsey and Hennepin Counties have ignored their findings, including a list of hundreds of allegedly illegal voters from those counties. A spokesman for the county attorney’s offices says the group’s information is “just plain wrong” and full of errors. McGrath says the group went back and double-checked its records after being told that its findings were wrong. He says: “What we did this time is irrefutable. We took the voting lists and matched them with conviction lists and then went back to the records and found the roster lists, where voters sign in before walking to the voting booth, and matched them by hand. The only way we can be wrong is if someone with the same first, middle, and last names, same year of birth as the felon, and living in the same community, has voted. And that isn’t very likely.”
County Prosecutors: Group's Claims Largely Erroneous - Phil Carruthers, Ramsey County’s lead prosecutor, says his office is taking the allegations seriously and praises the group for doing “a good job in [its] review.” But, Carruthers notes, the group lacks access to nonpublic information, and that information shows that almost all of the names on the list are of eligible voters. For example, Carruthers says, “public records might show a felon was given 10 years probation, but internal records the county attorney has might show that the probation period was cut to five and the felon was eligible to vote.” Carruthers says Ramsey County is filing charges against 28 people for illegally voting, with more charges possible. McGrath says: “Prosecutors have to act more swiftly in prosecuting cases from the 2008 election to deter fraud in the future, and the state has to make sure that existing system, that flags convicted felons so voting officials can challenge them at the ballot, is effective. In 90 percent of the cases we looked at, the felons weren’t flagged. If the state had done that, things might be very different today.” [Fox News, 7/12/2010]
Governor Weighs In, Implying Franken Won Illegally - Two days after the allegations surface in the press, Governor Tim Pawlenty (R-MN) says the organization may have found “credible evidence” of voter fraud. On Fox News, Pawlenty says of the allegedly illegal votes: “I suspect they favored Al Franken. I don’t know that. But if that turned out to be true they may have flipped that election in a very close election.” Wall Street Journal columnist John Fund has stated flatly on Fox that “hundreds of felons” gave Franken the victory. But Carruthers tells a reporter, “Overwhelmingly, their statistics were not accurate.” Deputy Hennepin County Attorney Pat Diamond adds: “It’s produced a lot of smoke. But at the end of the day, I don’t know if it’s going to produce a lot of fire.” Carruthers says that the list of 480 suspected felons was obviously wrong from the outset, and 270 were removed upon a cursory review. Many other cases were examples of mistaken identity, or the list not taking into account felons who had their right to vote restored. The 28 cases flagged by Carruthers for potential prosecution had already been identified before he received Minnesota Majority’s list, he says. Diamond says much the same of the list of alleged illegal voters in Hennepin County.
Allegations Being Made for Political Purposes? - Local reporter John Croman notes that the allegations are being used by conservatives to push for restrictive voter ID laws. He writes: “Valid ID is needed to register, but not to vote. And yet both of the prosecutors [Carruthers and Diamond] pointed out there’s nothing to keep a felon from using legal ID to vote illegally.” While Minnesota Majority is blaming Secretary of State Mark Ritchie (D-MN) for the alleged felon voting, Diamond says Ritchie has worked diligently to make the state’s voting rolls more accurate and current. “He’s gotten the system into this century, so it’s actually much easier to prevent felons from voting now,” Diamond says. “I’m going to trial in August with two cases of felons who voted, that were flagged by election workers.” Law professor David Schultz says Pawlenty’s response is surprising: “One, it makes an assumption that it’s been proven that these felons have voted illegally, which isn’t the case. And, two, it makes the assumption that these felons voted overwhelmingly in favor of Franken.” Schultz says he believes Pawlenty is posturing for his upcoming presidential bid: “There’s a certain segment of the population, people who believe Democrats can’t win unless felons and immigrants vote illegally. He’s trying to appeal to that group to further his presidential campaign.” But if that is the case, Schultz says, Pawlenty is casting aspersions on the integrity of Minnesota’s election system for political gain. [Minneapolis Star-Tribune, 7/14/2010; KARE-11, 7/15/2010]
Months Later, Six Charges Filed - In October 2010, six felons in Hennepin County will be charged with voting illegally (see October 21, 2010).

Entity Tags: Mark Ritchie, Dan McGrath, County of Ramsey (Minnesota), County of Hennepin (Minnesota), Al Franken, David Schultz, John Fund, Tim Pawlenty, John Croman, Pat Diamond, Norm Coleman, Minnesota Majority, Phil Carruthers

Timeline Tags: Civil Liberties, Domestic Propaganda

Minnesota political and sports columnist Jay Weiner writes of his irritation at the recent claims that Senator Al Franken (D-MN) won the 2008 Senate election because felons voted illegally (see July 12-14, 2010). Weiner became a political reporter during the recount between Franken and incumbent Norm Coleman (R-MN—see June 30, 2009), and has written a book on the subject, This Is Not Florida: How Al Franken Won the Minnesota Senate Recount. Weiner notes that the claims by the conservative organization Minnesota Majority are disputed by a number of judges and even, grudgingly, the Coleman campaign’s lawyers. Coleman is now calling Franken the “accidental senator,” Weiner writes, and Governor Tim Pawlenty (R-MN) is casting doubt on Franken’s legitimacy as senator. The story is being pushed by Fox News and by conservative talk show hosts. Weiner notes that research into Minnesota Majority’s claims has proven the claims to be groundless and the organization’s “proof” inaccurate. Weiner says he is angered by the implication that if voter ID laws were in place, those alleged felon votes would not have been cast and Coleman would have won. “This is a long-standing Republican issue to limit voting among the disenfranchised,” Weiner writes. “Republican gubernatorial candidate Tom Emmer has used this controversy to call for picture IDs for voters. But guess what? Convicted felons have driver’s licenses. They have photo IDs. Voter photo IDs wouldn’t halt felons from voting. This Minnesota Majority report is being used for other political reasons.” He accuses Pawlenty of being “fast and loose” with the facts in his eagerness to smear Franken, and cites Pawlenty’s appearance on Fox to falsely accuse a Minneapolis election official of possible fraud (see November 12, 2008), and his erroneous claim that Franken won the election through the auspices of improperly counted absentee ballots. But regardless of what else happens, Weiner concludes, the issue will resurface in 2014, when Franken’s Republican challenger will resurrect the charges to attack Franken’s legitimacy as a sitting senator. [Salon, 7/19/2010]

Entity Tags: Jay Weiner, Al Franken, Fox News, Tom Emmer, Minnesota Majority, Norm Coleman, Tim Pawlenty

Timeline Tags: Civil Liberties

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