Al Franken Declared Winner in Minnesota, Coleman Concedes

Related subjects: J.E. Robertson, Judicial Rulings, The Vote, U.S. Elections, U.S. Law, U.S. Politics, U.S. news, Vote 2008 Comments (1)

30 June 2009 :: J.E. Robertson

Democratic-Farmer-Labor challenger Al Franken has been declared the winner of the Minnesota race for US Senate, in the November 2008 election. The Minnesota Supreme Court ruled unanimously today that Franken was the winner, after a properly conducted recount. Norm Coleman, who had brought the election contest in the state courts, conceded defeat shortly after the ruling was announced, saying “We have reached the point where further litigation damages the unity of our state”. 

The Court found in its ruling that Coleman’s legal team “did not establish that, by requiring proof that statutory absentee voting standards were satisfied before counting a rejected absentee ballot, the trial court’s decision constituted a post-election change in standards that violates substantive due process”. It also found that there was no evidence to suggest ”that either the trial court or local election officials violated the constitutional guarantee of equal protection”.

The full opinion [PDF] gave a detailed legal analysis for why Coleman’s arguments regarding Constitutionality did not apply to the circumstances of this case. A number of charges of the trial court erring in matters of law in such a way that might have benefitted Franken were rejected. Specifically: “The trial court did not err when it included in the final election tally the election day returns of a precinct in which some ballots were lost before the manual recount.”

[ad#cafsen-intext]

As Bloomberg has reported: 

One of Coleman’s arguments, rejected by the court today, was based on the U.S. Supreme Court’s ruling that gave the 2000 election to former President George W. Bush over Democrat Al Gore.

The claim in that case was “that there were no established standards under Florida statutes” for a recount, the Minnesota court said. “Here, there were clear statutory standards for acceptance or rejection of absentee ballots, about which all election officials received common training.”

Minnesota’s Republican governor Tim Pawlenty has said he would certify Al Franken’s victory if it were declared by the Minnesota Supreme Court and if Coleman did not obtain a federal stay in time, pending further hearings. It is expected he will sign the certification later today and officially make Al Franken eligible to be sworn in as the democratically elected junior senator from Minnesota. 

The recount and court battle were costly. As the Christian Science Monitor reports: 

According to numbers tallied by MSNBC, the recount cost at least $11 million and the two candidates spent $50.3 million in all between them. A total of 2,424,946 votes were cast, and the final victory margin was 312 votes.

239 days after the election of November 2008, Franken’s victory makes him the Democratic party’s 60th vote in the US Senate. With two independents and newly minted Democrat Sen. Arlen Specter, a defector from the Pennsylvania GOP, and a range of conservative members, the Democratic party will not be able to consolidate fully 60 votes on all matters, but when they do, those 60 votes will be able to stop any Republican filibuster attempt. 

The news means strong Democratic leadership in Congress will be able to more effectively negotiate and carry out the president’s agenda on major domestic policy reforms, such as healthcare, energy and education. For this reason, Republicans had been dead set against allowing Franken to be certified and/or seated before there were essentially no more legal options for Coleman to pursue. 

Today, however, the tone quickly became more conciliatory. Sen. John Cornyn (R-TX), who raised eyebrows when he suggested the election dispute could go on for “years”, congratulated both candidates on their tough election contest and said he “would like to be among the first to welcome Al Franken to the United States Senate.”

Coleman has said he has made no decision about his political future. Some speculate he may run for governor, as incumbent Republican Tim Pawlenty has said he will not seek another term. During the interim between the swearing in of the new Congress and the final verdict on the disputed election, former Sen. Coleman took a job as a lobbyist for a Washington, DC, organization that advocates on Jewish issues. 

UPDATE, 20:10 EDT: News of Franken’s victory has spread rapidly around the world and is being reported as a major boost to Pres. Obama’s political capital in store. Spain’s La Vanguardia newspaper is reporting: 

Con el triunfo definitivo de Franken, que jurará su cargo la próxima semana, los demócratas cuentan ahora con 60 de los 100 escaños en el Senado estadounidense, incluidos dos independientes (Joe Lieberman y Bernie Sanders) que se alinean con ellos en las votaciones. De este modo, los demócratas alcanzan una “supermayoría”, la cantidad de votos necesaria para superar cualquier intento de veto o de imposición de mociones dilatorias por parte de la oposición en los procesos para aprobar leyes. 

(With Franken’s definitive victory (he will be sworn in next week), the Democrats can now count on 60 of the 100 seats in the US Senate, including two independents (Joe Lieberman and Bernie Sanders), who vote with them. As such, the Democrats hold a “supermajority”, the number of votes necessary to thwart any attempt by the opposition to block or dilute legislation using parliamentary maneuvers.)

The significance of Franken’s win is being viewed abroad as important in that it strengthens the president’s position and makes his agenda more likely to succeed. A president’s legislative priorities can have a profound effect on the ease with which he is able to shape foreign policy or deal diplomatically on the international stage, and foreign governments are watching every move in Washington closely, to see how much political weight will be behind Pres. Obama’s efforts at home and abroad. 

• Pawlenty to Certify Franken’s Victory if Minnesota Supreme Court Orders It
• Questions About Wait for Minn. Court Ruling on Franken-Coleman
• Is Cornyn Coordinating Years-long Obstruction of Minnesota Senate Seat?
• Decision Awaited in Franken-Coleman Election Contest
• Experts Say Coleman Can’t Win in Minnesota Court Battle
• Pawlenty’s Party-first Approach Rejects Public Service Obligation
• Al Franken Hires Chief of Staff, as Coleman Plans Appeal
• Progressives Pledging $1/day until Coleman Concedes to Franken
• Minnesota to Be without 2nd Senator at Least through June 1st
• Pressure Mounts on Coleman to Concede to Franken
• Al Franken Declared Winner in Minnesota Senate Race, Again
• 111th Congress Sworn-in, Absent 2 Senators, Raising Constitutional Questions
• 3 Contested Senate Races Could Swing to Democrats, Giving them 60