On Monday, we reported on former Senator Norm Coleman's right to challenge the election results in Minnesota which found Al Franken the winner by 225 votes before Franken is officially seated by the Senate.

That is, of course, the appropriate way to allow for election challengers to have their day in court, without nearly-insurmountable prejudice being stacked against them by having their opponent already seated. Incredibly enough, that's not the way most states do it, as most send officially certified results to Congress --- effectively, and Constitutionally, according to judicial precedent, handing jurisdiction of the seating of the member to a partisan Congress, robbing voters and local courts of having the final say --- before legal election contests are fully settled.

On Tuesday, Coleman filed his expected election contest in state court, which Franken's attorneys memorably described as "the same thin gruel, warmed-over leftovers ... that they have been serving the last few weeks."

We've been on the road since the complaint was filed, and haven't had time to review the 204-page suit [PDF] ourselves, but thankfully, TPM's Eric Kleefeld has done so, and reports it as "a marvelous thing"...

...For Coleman.

Imagine the round-the-clock phony "outrage" from the Public-air Propagandists (Fund, Limbaugh, Hannity, etc.) you'd be hearing about "felons voting in the MN Senate race!" had the felon voted for Franken. Such as it is, however, he voted for Coleman, so it doesn't actually "matter".

But now that we're here, can we finally do away with these stupid restrictions on felons voting? Especially if they're out of jail, as this one was. He was on supervised release, after being convicted and imprisoned in 2004, when he was 20, for having sexual contact with a 15-year-old girl.

On Election Day, he had left a voice message for his supervisory agent that he was going out to vote, only to come home later to find out from the agent that he had broken the law. He has since pleaded guilty to illegally voting.

"I was just excited that the presidential election was coming up and I would be able to vote," he said. "I had never voted in my life. ... I really wasn't aware that I couldn't vote."

Why should felons --- often more directly affected than most by government laws, good ones or bad ones --- be disallowed from having a voice in the government that makes those laws? Particularly after they've served their time in jail?

I realize that may not be a "politically correct" point of view in many quarters. But I don't care. If you're out of jail, of voting age, able to participate in society, and are bound to the laws of that society, you ought to be able to excercise your voice in that society by being able to cast a vote in a democratically-held election. Period.

I realize that felons, even after release, may have other rights taken from them, but voting doesn't seem as if it should be one of them. If you have an argument to the contrary, of course, I'd certainly be interested in hearing what it is

Said Norm Coleman, as he announced his election contest:

He also added, as if he was serious, "We are filing this contest to make absolutely sure every valid vote was counted."

The sore-loser Coleman, who refuses to move on, was explaining his tin-foil hat conspiracy theories of a stolen election to reporters and cry-baby supporters, as he made the sour-grapes comments which threaten democracy, as quoted above.

-- Brad Friedman, The BRAD BLOG

The state canvassing board in Minnesota has now certified Al Franken (D) as the winner over incumbent Sen. Norm Coleman (R) in the race for the U.S. Senate. Barring a successful legal challenge, which has now been filed by Coleman, Franken will have won the seat by an astoundingly close 225 votes, out of some 2.9 million cast.

But there's still a chance, albeit a slim one, for Coleman to reverse his fate. A very good provision in MN's law --- not found in most other states --- may delay Franken's seating, meaning he will not be sworn in with rest of Congress at the beginning of the new session slated to start tomorrow. Ultimately, however, the provisions should ensure that whoever is eventually sworn in to serve as the state's Senator will not be forced to serve under a cloud.

The voters of MN deserve that much, no matter how long it takes, and thankfully, like its hand-count laws, the state's provision requiring the completion of legal challenges before final certification is sent to Congress by the Sec. of State, is a model for the nation.

Would that all of the other states in the union had such a provision...

Majority leader Sen. Harry Reid and the rest of the Senate Democrats have long said they'd refuse to seat anybody that Illinois Gov. Rod Blagojevich appointed to fill Obama's seat.

But as of yesterday's Meet the Press, Reid stated that "he's always ready to negotiate."

Will Harry Reid fold on Burris nomination, and allow him to be seated after all?

• Yes, he always folds
• No, he'll stick to his guns this time
• I haven't a clue

View Results

One last update before the two Jews running for the U.S. Senate in Minnesota stop to celebrate Christmas.

It's almost all over but the court case, and even that, if it happens, doesn't seem to have much left to stand on. In summary then, here's where we now are in the extraordinarily close U.S. Senate hand-count in MN...

[UPDATED at end of article with today's (Friday's) latest numbers.]

As thousands of challenged ballots from both Sen. Norm Coleman (R) and challenger Al Franken (D) are being decided by the bi-partisan state canvassing board in the U.S. Senate race in MN, AP says it's currently a 2 vote race, out of 2.9 million ballots cast, in favor of Franken.

That said, as all of the challenged ballots are finally counted over the next several days (and weeks), the lead could go back and forth a bit each night. The Star-Tribune, which puts today's margin at 5 votes in favor of Coleman, currently projects that Franken will ultimately win by 89 votes...

These are some of the folks whose votes that democracy-hating Sen. Norm Coleman (R-MN) is going to the state Supreme Court to keep from being counted in the U.S. Senate race in Minnesota...

The video, produced by challenger Al Franken's campaign, was described by the Coleman camp as "a new low." As Republicanists tend to project just about everything they do on others, we'd suggest that there may be "a new low" here, but in this case, it ain't coming from the Franken camp.

As we reported on Friday, the state canvassing board --- made up of Republicans (two are MN Supreme Court judges), Democrats, and Independents --- ruled unanimously in favor of counting the 1,600 or so absentee ballots which were improperly rejected by election officials and not counted originally in the state's razor-close U.S. Senate race.

Hopefully those ballots now will be counted, unless Coleman has his way in the Supreme Court where he hopes to get an order to stop the counting of legal ballots cast by folks like those seen in the video above. Nice.

CORRECTION: The original version of this article referred to 16,000 rather than 1,600 improperly rejected absentee ballots. The BRAD BLOG regrets the error.

[Ed Note: Now updated at bottom, with Coleman's attempts to have the state Supreme Court stop the counting, ala Bush/GOP's FL 2000 playbook.]

We've been on the road for several weeks, and haven't been able to report on the day-to-day details of the hand count of the razor-thin U.S. Senate race in Minnesota between incumbent Sen. Norm Coleman (R) and challenger Al Franken (D). Happily, the mainstream coverage of the counting has been pretty good (surprisingly so), so we haven't felt the need to jump in to fill in the untold stories.

But today is an important one, and has resulted in two very key wins today at the State Canvassing Board for Franken, who has recently claimed that he's up by just 4 votes in the race, presuming that the thousands of challenged ballots (by both sides) are decided by the board the way his team believes they will be.

As of this afternoon, things are looking good --- very good --- for Franken...

My column this week at the UK's Guardian seems to have provoked some impassioned comments in return.

Before the editors had at it, it was titled in full: "Democrats to the Blogosphere: Thanks for Everything, Now Go Away".

And, by way of value-added content here, these were the first two grafs of the piece before they were excised for length reasons on the published final product...

The Bush administration and Republicans in Congress stored up plenty of good will over the last eight years...for a Democratic sweep on November 4th. But it wasn't necessarily enough good will to lead Progressives to look the other way when Barack Obama and the Democratic leadership start snubbing those who brung 'em to the dance --- and both of them are getting a good start at it right out of the box.

Barrack Obama promised "change", but didn't necessarily explain "change from what". Somehow, many of those who supported and voted for him got the notion that his calls for "change" meant change from the old politics of both the failed Republican and Democratic party leadership. I don't know where they got that idea

Now go read the Guardian column which, largely, picks up after the above. Your comments there, and/or here, always welcome, of course.

UPDATE at end of article.

Math/statistics/poll-wiz Nate Silver at FiveThirtyEight.com predicts the race between incumbent MN Sen. Norm Coleman (R) and challenger Al Franken (D) could result in a 27 vote win for Franken. That's right, just 27 votes.

With that in mind, every single vote matters, so it's of note that the Franken campaign is now wondering about some missing ballots in a number of counties. From Public Record's coverage last night:

That in mind, we'll take the opportunity to remind both parties in the recount of our earlier suggestion that they make public records requests (if they haven't already) for the invoices from printers of all of the original ballots, and then request that all ballots --- including unvoted ballots --- be counted as part of the final reconciliation of ballots. The number of voted, spoiled, and unvoted ballots should be exactly equal to the number of ballots shown as printed originally on those invoices. If not, there's a problem.

But while ballots have now turned up "missing," and absentees have been tossed from the hand count, the GOP seems to be preparing for a FL 2000 PR gambit to "win" at all costs...

We've got a few more notes/thoughts on a couple of related ballot issues that have bubbled up over the last few days as we've been driving across the country. Given the closeness of this race, these issues could ultimately end up deciding it one way or another, even as the GOP seems to be preparing a FL 2000 PR gambit to "win" at all costs, no matter the final outcome of the hand-count...

Guest blogged by Steve Heller of Velvet Revolution

The lead attorney for the plaintiffs in the civil RICO lawsuit King Lincoln v. Blackwell in Ohio has served a document hold request to Georgia Sec. of State Karen Handel in advance of the December 2nd run-off election between incumbent U.S. Senator Saxby Chambliss (R) and his opponent, Jim Martin (D).

Today's letter from attorney Cliff Arnebeck (posted in full at the end of this article) requests "any records of official investigation of the reported use of uncertified patches by Diebold in two Democratic Georgia counties in 2002, reported by former Diebold consultant Chris Hood."

It also requests "protocols, inspection and audit procedures that have been prescribed to protect against other introductions of uncertified patches into federal elections in Georgia."

And, in an effort to preempt any planned improprieties in the upcoming Georgia run-off election between incumbent Senator Saxby Chambliss (R) and his opponent, Jim Martin (D) --- particularly given the 2002 history of Diebold-run Senate elections featuring Chambliss --- Arnebeck also requests Handel's "confirmation that all … records for the runoff election will be retained for the federally prescribed 22 month period."

That last request, echoing a call for same made recently by The BRAD BLOG, comes at a moment when the stakes for the Georgia election could hardly be higher. The 22-month retention of memory cards and hard drives from electronic voting systems is frequently ignored by election officials, despite the federal statute requiring all materials from elections be securely stored for that full period. Unfortunately, memory cards and hard drives are routinely erased and re-used, despite the federal law.

In Georgia, that has been a peach of a problem for those concerned with election integrity...

I wrote over the weekend of how the numbers of challenged ballots, by both the Franken and Coleman campaigns in Minnesota's U.S. Senate hand count, have been ballooning as the count proceeds. In some cases, there are good reasons to challenge ballots on the basis of whether the voter's intent is clear or not.

And then, there's the Coleman campaign's attempts to challenge ballots simply because the voter had voted for John McCain, and thus, as they argue, a vote for Al Franken, or for no Senate candidate at all must have been a mistake, and the ballot should be counted instead for Norm Coleman.

No, seriously, this is what they are arguing. Here's The Uptake's video report:

(Note: TheUptake.org has been featuring regular daily LIVE VIDEO coverage of the counting at a number of locations, in addition to their edited video features posted at their RecordTheVote.com site. Thank you, Uptake! I've been on the road, and off the grid almost every day for the last few --- and will be again for the next several --- so if you guys see any vids over there that folks ought to know about, please leave the links in comments!)

The Minnesota Senatorial race is still the source of most of the news. The Minneapolis-St Paul Star-Tribune seems to have some of the best coverage of the recount. The link in the article below has not changed over the past few days but the story is constantly updated and changes as the news changes.

One of the counties that had problems on election day, readers will recall, was Kenton Co. Kentucky. You may remember that many of the county’s Hart Intercivic eSlate machines were not properly recording straight-party votes and they were taken out of service. The machines are sold, maintained and programmed by Harp Enterprises.

During an investigation of the Kenton Co problem the president of Harp told investigators that election officials in nearly 100 Kentucky counties failed to do any pre-election testing. If officials in Kenton Co had done the testing they should have found the problem that affected their machines. Of course, Harp has thrown the counties under the bus to some extent. It should have been their duty to warn the state that the testing was not happening. It is also important to note that Harp programs the machines in many of those counties so they are deflecting the blame to some extent...

As of the end of Day 3 of hand counting paper ballots in the MN U.S. Senate race between Democratic challenger Al Franken and incumbent Republican Norm Coleman, the total number of challenged ballots by both camps has now ballooned to more than 1500, even as the official gap of ballots that have now been tallied (versus the challenged ballots that will be adjudicated later by the state Canvassing Board) shrank slightly to 115. Franken's camp, however, now puts that number at less 100, based on their calculations of how election officials initially judged a number of those challenged ballots.

After Day 2 on Thursday night, when the gap had stood at just 129 votes , we noted the quickly growing number of challenged ballots by each party, which would likely end up determining the final results of the election. The numbers of those challenged ballots has now increased exponentially, with just over 60% now counted out of 2.9 million originally cast.

Unlike Georgia, where another U.S. Senate race from November 4th is still undecided, at least there are ballots to be challenged...