MN-Sen: Canvassing Board Rules To Count Missing Ballots AND Rejected Absentees

In a huge boost to Al Franken's Senate hopes, the Minnesota canvassing board has ruled just this morning to restore the original election night count of the 133 missing ballots from a Minneapolis precinct and that absentee ballots that were rejected due to clerical error (as opposed to voter error) should be included in the recount.

The former decision is important because it means that Franken will avoid a loss of 46 votes but it's the the absentee ballot decision that is the real victory for Franken. It's estimated that there may be between 1-2k absentee ballots that were improperly rejected. These votes were never counted in the original election night tally and it's likely that once counted, they will go for Franken by a large margin. It should be noted, however, that the canvassing board is merely requesting that the County election officials throughout the state count these ballots, they do not have the authority to demand it.

From The Minneapolis Star Tribune:

Moments later, the five-member state Canvassing Board voted unanimously to ask election officials in all 87 counties to count the improperly rejected ballots. However, the board members stressed that they only have the authority to make a recommendation.

The board was told this morning that 49 counties have examined 4,823 rejected absentee ballots and 638 of those were determined by local officials to have been wrongfully rejected.

Deputy Secretary of State Jim Gelbmann also reported that if that trend holds -- with more than 13 percent of the rejected absentee ballots tossed improperly -- there would end up being nearly 1,600 wrongfully set aside.

Eric Kleefeld is optimistic that if all of these ballots are indeed added to the count, that Franken will likely come out the victor.

...it seems very likely that the vast majority of these ballots will be counted before this is over -- and it could possibly seal the deal for Franken. Pre-election polling showed him winning the overall pool of absentee ballots by a solid margin, so it seems pretty reasonable to assume that the newly-counted votes will break for Al. If that proves to be correct -- and if Norm Coleman is unable to stop it through further litigation -- Franken will probably pull ahead of Coleman and win the election.

Certainly mathematically this appears to be the case but who knows what litigation Team Coleman has up their sleeves and what twists and turns this recount has yet to take.

Next up, the canvassing board meets Tuesday to begin reviewing the campaigns' challenged ballots. As of right now, between the two campaigns, 4,472 ballots have been challenged. The canvassing board is hoping that both campaigns will withdraw thousands more frivolously challenged ballots in the hope of cutting down on the time it will take to review them (as a point of reference, they anticipate the review of 1,000 or so challenged ballots will take 4 days.)

Update [2008-12-12 13:16:27 by Todd Beeton]:Via e-mail from the Franken campaign:

This is a huge win for us, because our position has always been the simple principle that every lawful vote should be counted. But there are still a lot of steps left ahead in this process, and the Coleman campaign is likely to bring a whole lot of political and legal muscle to re-double their efforts to stop the count.

We won't let them - but we need your help. Your contribution of $25, $50, $100, or more will enable us to stand up for voters who did everything right but whose ballots were improperly thrown out.

You know what to do.



Display:


are most of the rejected ballots (none / 0)

from Democratic counties?

Why does everyone assume Franken will make big gains here?

I'm for counting them regardless of who benefits, and I can see why it might help Franken, but I wonder if there is hard data supporting the idea that these are largely Democratic ballots.


Join the Iowa progressive community at Bleeding Heartland.
by desmoinesdem on Fri Dec 12, 2008 at 12:47:04 PM EST

Nate Silver crunched the numbers (none / 0)

538 says that there apprears to be a sufficient discrepency in Franken votes vs. Coleman votes (with a few screwy Barkley votes in there) in the rejected absentees to make a difference.  It probably has something to do with the fact that a lot of people voting DFL are potentially poorer and/or less educated.  Some, like the Lizard People voter, obviously vote Franken because they have a better sense of humor 8} .


You can't stop the signal.

President "That One"

by Dracomicron on Fri Dec 12, 2008 at 01:04:54 PM EST
[ Parent ]

Re: Nate Silver crunched the numbers (none / 0)

I don't think the poor/less educated thing matters in this case. Only absentee ballots filled out 100% in compliance with the law will be counted.

What DOES matter is that absentee voters were significantly more Dem than day-of voters, in Minnesota and just about everywhere.


by Mullibok on Fri Dec 12, 2008 at 02:38:21 PM EST
[ Parent ]

Re: are most of the rejected ballots (none / 0)

Franken polled better with absentee voters.  Assuming these accidentally rejected ballots are a typical cross-section of Minnesota absentee voters, then I feel optimistic about them.


by Skaje on Fri Dec 12, 2008 at 03:47:34 PM EST
[ Parent ]

Congratulations Senator Franken (none / 0)

eventually.  I guess (not like Nate Silver's projections) Franken's chances just went from just under even odds to 2-1.  This will go to court, but the canvassing board's decision creates legal momentum.  It's a good decision in the public interest.


Senator Al Franken. Have I died and gone to heaven?
by NM Ward Chair on Fri Dec 12, 2008 at 01:13:52 PM EST

Huge victory for Minnesottans (none / 0)


by ann0nymous on Fri Dec 12, 2008 at 01:19:11 PM EST

impact (none / 0)

If Franken pulls this out, it make getting Obama's agenda that much easier to get through the Senate, especially if Obama's seat flips.


by esconded on Fri Dec 12, 2008 at 01:30:09 PM EST

Re: impact (2.00 / 2)

Obama's seat is not going to flip.


Oh Mammy Dear, we're all mad over here livin' in America
by JDF on Fri Dec 12, 2008 at 02:16:22 PM EST
[ Parent ]

Thank you Jesus!! (none / 0)

O.M.G!!!! Christmas came early!  YES!!!!


by nzubechukwu on Fri Dec 12, 2008 at 01:36:20 PM EST

Re: MN-Sen: Canvassing Board Rules (none / 0)

Very, VERY good news for us.


Howard Dean is my go-to guy
by lojasmo on Fri Dec 12, 2008 at 01:48:01 PM EST

Re: MN-Sen: Canvassing Board (2.00 / 1)

I think this is not only good for Franken, but was pretty obviously the right thing to do.  If Franken gets elected, I think a good thing to do would be to push for a commission of some kind to conduct anin-depth analysis of what happen in MN and use it to demonstrate where the weaknesses lie in our voting system.


by the mollusk on Fri Dec 12, 2008 at 01:54:06 PM EST

If these absentees put Franken over the top (none / 0)

the Senate has cover to seat Franken in the face of any legal challenges made by Coleman.


by magster on Fri Dec 12, 2008 at 02:03:41 PM EST

Re: MN-Sen: Canvassing Board (2.00 / 1)

If Coleman gets mired in this ethics scandal brewing, then even a very narrow disputed victory will suffice for Franken because I doubt Coleman has what it takes to fight on both fronts. I think Franken is pretty much going to be the next senator.


by Pravin on Fri Dec 12, 2008 at 02:19:29 PM EST

any idea when this will be settled? (none / 0)


Being Normal is for the Mediocre.
by Doug Tuttle on Fri Dec 12, 2008 at 02:25:32 PM EST

Re: any idea when this will be settled? (none / 0)

My best guess is just before Christmas.


by Judeling on Fri Dec 12, 2008 at 02:39:00 PM EST
[ Parent ]

Re: MN-Sen: Canvassing Board Rules To Count Missin (none / 0)

Coleman has to fight this. The board has requested the counties to count the valid absentees. Hennepin, Ramsey and St. Louis counties all democratic strongholds are almost certain to do so. So Coleman will have to either have the court stop all of these counts or force all counties to perform the count. But the state board has two members of both the Ramsey county court and the Sate supreme court (including the heads of both) where the case would be heard. So it seems to me that any case that Coleman may bring on this is likely to fail.


by Judeling on Fri Dec 12, 2008 at 02:37:41 PM EST

Re: MN-Sen: Canvassing Board Rules To Count Missin (2.00 / 1)

Don't count on Ramsey county. The election officials here (in Ramsey) are refusing to even count how many wrongly rejected absentees they have, saying that they need a court order to do so, even though many other counties are already doing it. Never underestimate some random office holder's petulance.


by Mullibok on Fri Dec 12, 2008 at 02:41:05 PM EST
[ Parent ]

Re: MN-Sen: Canvassing Board Rules To Count (none / 0)

Yeah we're going to need a court order to get Ramsey to count.


by Skaje on Fri Dec 12, 2008 at 03:53:24 PM EST
[ Parent ]

Re: MN-Sen: Canvassing Board Rules To Count Missin (none / 0)

The dynamics have now changed.
If one county counts them they all will.
Whatever you want to say about the Franken campaign. They have handled the recount flawlessly. This issue has been framed as fairness. These voters did everything right.
It will be very hard for county officials not to count these votes now that the State Board has given them permission if some other counties do.
by Judeling on Fri Dec 12, 2008 at 04:23:18 PM EST
[ Parent ]


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