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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. (Stern 1/5/2009; Bakst 1/6/2009; Diaz 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. (Diaz 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. (Duchschere 4/22/2009) Coleman files a lawsuit to block Franken’s victory (see January 7, 2009).
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