Norm Coleman

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Finally, Senator Al Franken

After a ballot counting process that went though all four seasons (election day was fall and it is now summer), Norm Coleman has conceded after the Minnesota Supreme Court rule unanimously in Al Franken’s favor.  He is now the winner by 312 votes.

According to the New York Times

Mr. Coleman’s announcement followed a unanimous state Supreme Court ruling on Tuesday in Mr. Franken’s favor. There, the case had centered, in part, around whether some absentee ballots had been wrongly excluded and standards had been inconsistent, as Mr. Coleman contended.

But in their 5-0 ruling, the court found that Mr. Coleman had failed to prove that “the trial court’s findings of fact are clearly erroneous or that the court committed an error of law or abused its discretion.”

Franken represents vote 60 for the Democratic Caucus.  According to TPM

Franken said that the country faces many challenges in the economy and world affairs. “So even though Franni and I are thrilled and honored by the faith that Minnesotans have placed in me, I’m also humbled,” he said, “not just by the closeness of this election, but also by the enormity of the responsibilities that come with this office.”

He also said that much has been talked about, that he’ll be the 60th Democratic Senator. “The way I see it, I’m not going to wash[ington] to be the 60th democratic senator. I’m going to washington to be the second senator from minnesota, and that’s how I’m going to do this job,” he said, to the applause of his supporters.

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Al Wins the Vote

The three judges counting the votes have declared Al Franken ahead by 312 votes.  The Washington Post  reports

A Minnesota court confirmed Monday that Democrat Al Franken won the most votes in his 2008 Senate race against Republican Norm Coleman, who had already announced plans to appeal the decision.

Coleman has 10 days to appeal to the state Supreme Court. Once the petition is filed, it could further delay the seating of Minnesota’s second senator for weeks.

After a statewide recount and seven-week trial, Franken stands 312 votes ahead. He gained more votes from the election challenge than Coleman, the candidate who brought the legal action.

“The overwhelming weight of the evidence indicates that the November 4, 2008, election was conducted fairly, impartially and accurately,” the judges wrote. “There is no evidence of a systematic problem of disenfranchisement in the state’s election system, including in its absentee-balloting procedures.”

So now Coleman can appeal, but there appear to be some potential problems looming there.  TPM reported ealier today that one of the judges on the Minnesota Supreme Court contributed to the Coleman campaign.

In the years before he was appointed to the state bench, Christopher Dietzen was a private attorney and occasional Republican donor, including a check for $250 to Coleman in December 2001, and another $250 for the current cycle in January 2004. The Hill also points out Dietzen served as a campaign counsel for GOP Gov. Tim Pawlenty, during the 2002 open-seat race.

A spokesman for the state Supreme Court told TPM that no information is available about any possible recusal. Since there hasn’t been an actual ruling in the trial, much less the filing of an appeal, we don’t know and cannot predict what would happen.

The contributions were made before appointment which may make a difference.  In addition Eric Kleefeld, the author of the story points out

The question here is the degree to which Dietzen’s pre-judicial activities might impact the legitimacy of the proceedings. For my own part, having watched all the legal arguments in this election, I haven’t noticed any severe or obvious political bias on Dietzen’s part — he has sometimes ruled against Franken, and sometimes ruled against Coleman. And he’s pitched tough questions at both sides.

The whole Minnesota Senate election gets curiouser and curiouser.

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Election updates

Remember Minnesota where poor Amy Klobachar is trying to fill the the shoes of two Senators?  The election may be coming to a close – finally.  While Norm Coleman is going to appeal to the Minnesota Supreme Court it doesn’t seem likely that they will overturn the results of the panel of judges that has been overseeing things.  At this point, Al Franken’s lead is 312 votes. 

This from Franken’s lawyer on April 7

At post-court press conference, lead Franken attorney Marc Elias commented that the election contest is essentially over, with Al Franken the winner after the court had 351 previously-rejected ballots counted, which boosted Franken’s lead from 225 votes to 312.

“Today is a very important step, as we now know the outcome of the election contest,” said Elias, “and that is the same outcome as the recount, which is that Al Franken has more votes than Norm Coleman.”

When asked whether he expected Coleman to appeal, Elias said: “That’s a question at this point for former Sen. Coleman. I guess I would say the same thing about his appeal as I said about his case: That the U.S. court system is a wonderful thing, as it’s open to people with non-meritorious claims.”

It really is time for Norm Coleman to hang it up.

 

 

 

 

 

In Illinois, there was no surpise in the 5th Congressional District.  Michael Quigley, a Democrat, replaced Rahm Emanuel, another Democrat.

The other close election is in New York State’s 20th Congressional District.  Politico’s Scorecard  reports as of today

According to the latest unofficial combined machine and paper results released this afternoon, Democrat Scott Murphy has a 35-vote lead over Republican Jim Tedisco in New York’s 20th District.

The following counties have finished counting their domestic absentee ballots: Delaware, Essex, Greene, Otsego, and Rensselaer counties. No numbers have been reported to the state from Saratoga and Washington counties

The interesting thing about this is comparing the counties left to be counted and Nate Silver’s analysis.  Washington County is heavily Democratic while Saratoga is Republican.  Saratoga, however, had fewer absentee ballots.

One thing that seems fairly clear is that there tend to be a relatively higher proportion of absentee ballots returned in counties where Murphy performed well on election night. For example, Columbia County, where Murphy won 56.3 percent of the of the vote last week, accounted for 9.8 percent of ballots on election night, but accounts for 15.3 percent of absentees. Conversely, Saratoga County, which is a Tedisco stronghold, represented 36 percent of ballots on election night but only 27.2 percent of absentees:
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If I simply apportion the absentee ballots based on the distribution of the election day vote in each county, I show Murphy gaining a net of 173 ballots during the absentee counting phase. In addition, as Michael Barone has noted, although a plurality of the absentee ballot returns are Republican, they are somewhat less Republican than registration in the district as a whole.

If Murphy hangs on, it looks like a trifecta for the Dems.  Two holds and one gain.

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Latest on Al Franken’s Election

TPM has posted a summary of the latest ruling by the Minnesota elections court. 

The Minnesota election court has just handed down a much-awaited ruling, laying out which previously-rejected ballots might just be counted yet — and though it’s unclear right now whose votes are whose, it doesn’t look all that good for Norm Coleman.

It looks as if, after a very thorough review, the Court is going to look at only 400 ballots to determine if they should be counted. 

Both campaigns submitted lists of ballots that they said they’d proven were legal and ought to be counted — and here’s what the court thought of them:

“Upon the Court’s initial review, it became apparent that the parties’ spreadsheets identifying the relevant exhibits were inadequate and unreliable. This required the Court to complete an exhaustive review of all the records and documents submitted by either party throughout the course of the entire trial.”

The court thus reviewed:

“…19,181 pages of filings, including pleadings, motions and legal memoranda from the parties; 1,717 individual exhibits admitted into evidence; and testimony from 142 witness examinations, including election officials from 38 Minnesota counties and cities and 69 voters who appeared and testified in defense of their ballots. The trial evidence comprised exhibits offered in three-ring binders that, when stacked, equaled over 21 feet of paper copies.”

Don’t think they’re just complaining about the length — not that anybody would blame them. The court is clearly establishing the level of diligence they went to in order to decide the questions at hand — thus guarding themselves against any appeal on procedural grounds.

As I understand the process, the ballots will be reviewed  by the Secretary of Stae to make sure they are complete and can be counted and however many of the 400 ballots pass muster will then be counted.  So I think one can assume that not all of the 400 will be counted and not all of the ballots that are counted will go to Norm Coleman.  Therefore this is bad news for Norm given that Al Franken has at least a 225 vote lead.

One of the commentators to TPM wrote

If all 400 ballots were counted, Coleman would need a 313-87 split to overtake Franken. There’d be about a 1 in a million chance of the votes breaking in Coleman’s favor like that. Ans since not all 400 ballots will be counted, so I think it’s safe to say that Coleman is finished.

If all this is true, Al Franken may be (finally!) just a few days from being Senator Al.

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Friday Night Random Thoughts

Why have I picked the wrong upsets in the first round?  I picked  Cornell over Missouri and VCU over UCLA for example and totally didn’t see Dayton beating West VA. 

Why is everyone so focused on the President’s Special Olympics “gaffe”?  I thought his dancing around the Tim Geithner question was much worse.  Besides all those special olympians are now going to get to bowl at the White House. 

Why hasn’t Norm Coleman surrendered yet?  I have read that it is expected that Al Franken will likely pick up some votes as the court studies some more ballots.  Then Coleman says he will appeal.  Franken is asking Coleman to pay his legal costs.  I think Minnesota needs an second Senator and let’s just certify the election and let Al take his seat.

Why is is always so cold on the first day of spring in Boston?  At least this year it isn’t snowing.

I wonder what criticism the Republicans will come up with about the White House vegetable garden?  Marion Burros had a lovely story in the New York Times yesterday.  Seems everyone will have to pull weeds, including the President.  I guess that will be more time he is wasting when he should be focused on the economy.

Will President Obama and Barney Frank acually suceed in rewriting the regulations concerning financial institutions?  Does anyone else remember when stock brokers were separate from banks and the twain was never supposed to meet?  Maybe we need to go back to those days?

The cats are gathering and telling me it is time to stop having random thoughts and focus on their dinner.