January 7, 2009: Defeated US Senate Candidate Sues to Void Recount Findings, Implies Voter Fraud Cost Him Election

Former Senator Norm Coleman (R-MN), who was recently declared the loser in a hotly contested US Senate race in Minnesota (see January 5, 2009), rejects the findings of the Canvassing Board that reported his opponent, Al Franken (D-MN), as the winner, and files a lawsuit challenging the results. “Not every valid vote has been counted and some have been counted twice,” Coleman says. “Let’s take the time right now in this contested race to get it right.” The suit is filed in the District Court of Ramsey County, where Coleman hopes to convince a three-judge panel that votes were improperly excluded and included in the recount. Franken’s attorney Marc Elias calls Coleman’s lawsuit “an uphill battle to overturn the will of the people” and adds, “It is essentially the same thin gruel, warmed-over leftovers… that they have been serving the last few weeks.” Elias says the Franken campaign has its own questions about uncounted ballots. The lawsuit blocks Franken from being seated in the US Senate until it is resolved. Former Minnesota Governor Arne Carlson (R-MN) says Coleman should concede the election and bow out gracefully. “I don’t think it’s winnable,” Carlson says, and warns that Coleman risks damaging his reputation by pursuing such a lawsuit. Senate Majority Leader Harry Reid (D-NV) says Coleman is “entitled to the opportunity to proceed however he sees fit. But for someone who’s been in the trenches on a number of these elections, graciously conceding… would be the right step. This can’t drag on forever.” Coleman says the issue is not about his winning or losing, but about fairness and accuracy in vote counting. Coleman’s suit will contend that the Canvassing Board did not apply consistent standards to challenged ballots, and both local election officials and Minnesota Secretary of State Mark Ritchie (D-MN) counted ballots unfairly to the advantage of Franken. Coleman’s lawyer Fritz Knaak says the campaign’s lawyers are conducting their own “very real investigation” into the election, and promises that the campaign will present testimony about “double voting” in some precincts. [Minneapolis Star-Tribune, 1/7/2009]