MN-GOV

Pawlenty Regrets Not Seeking Reelection

David Taintor | December 17, 2010, 2:21PM

Tim Pawlenty

Outgoing Minnesota Gov. Tim Pawlenty (R), who many see as a potential 2012 presidential candidate, is already nostalgic for the office he's about to leave.

He told the Duluth News Tribune editorial board that now that Republicans control the Minnesota Legislature, he regrets not seeking reelection.

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MN-GOV

Republican Tom Emmer (Finally) Concedes MN-GOV Race

Eric Kleefeld | December 8, 2010, 12:14PM

Gov.-elect Mark Dayton (D-MN) and Republican gubernatorial candidate Tom Emmer

The Minnesota gubernatorial recount has now come to an end, with Republican state Rep. Tom Emmer conceding defeat to Democratic former U.S. Sen. Mark Dayton -- bringing this story to a much quicker end than the long and drawn out Senate race from 2008, which lasted for eight months of recounts and litigation with a much, much closer margin.

Emmer appeared with his family on his front porch, and addressed reporters. "Well, Minnesotans made their choice, by however thin a margin, and we respect that choice," said Emmer. "Now is the time for all of us to come together and do what is best for Minnesota."

Going into the recount, Dayton led by 8,770 votes, or 0.42%. While this was within the 0.5% needed to trigger a statewide recount, many observers doubted from the start that Emmer could have pulled ahead -- including Fritz Knaak, a former lawyer for Norm Coleman. By comparison, the 2008 Senate recount and litigation resulted in a net change in the margins of only a few hundred votes. However, a possible drawn-out legal contest could have resulted in Republican Gov. Tim Pawlenty staying in office in the interim, with the opportunity to work with a newly elected Republican legislature.

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MN-GOV

Tom Emmer Expected To Concede MN-GOV Race Today

Eric Kleefeld | December 8, 2010, 9:23AM

MN Gov candidate Tom Emmer (R)

The Minnesota gubernatorial race is expected to come to an end today, five weeks plus one day after Election Day, with Republican state Rep. Tom Emmer reportedly to concede defeat to Democratic former U.S. Sen. Mark Dayton.

The news was first reported by KSTP, the local ABC affiliate in the Twin Cities area, and has also been confirmed by the Star Tribune. Emmer has an announcement scheduled for 10:30 a.m. CT. This election follows the disputed Minnesota Senate race from the 2008 cycle, which lasted for eight months of counting and litigation -- but this current race always seemed likely to take much less time, because even its close margin of about 9,000 votes was far wider than the Senate race that came down to just a couple hundred votes.

Going into the recount, Dayton led by 8,770 votes, or 0.42%. While this was within the 0.5% needed to trigger a statewide recount, many observers doubted from the start that Emmer could have pulled ahead -- including Fritz Knaak, a former lawyer for Norm Coleman. By comparison, the 2008 Senate recount and litigation resulted in a net change in the margins of only a few hundred votes. However, a possible drawn-out legal contest could have resulted in Republican Gov. Tim Pawlenty staying in office in the interim, with the opportunity to work with a newly elected Republican legislature.

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MN-GOV

Tom Emmer Loses Court Fight On Key Argument In MN-GOV Recount

Eric Kleefeld | December 7, 2010, 5:46PM

MN-GOV candidate Tom Emmer (R)

The Minnesota Supreme Court just handed down its full opinion on a key issue that Republican gubernatorial nominee Tom Emmer had been trying to fight on during the current recount -- and which he might have continued to fight in a post-recount lawsuit. And as the opinion shows, they appear to have done nothing less than shoot him down entirely.

Emmer has tried to make an issue of cases where precincts have more votes than the total number of people who signed in on the register. But, Emmer didn't just lose the argument in the courts -- he lost it big, and is running out of legal avenues by which his campaign could even try to contest the election once the recount is over.

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MN-GOV

Emmer Drops Almost All Ballot Challenges In MN-GOV Recount

Eric Kleefeld | December 7, 2010, 4:52PM

Minnesota gubernatorial candidate Tom Emmer (R)

Republican nominee Tom Emmer has now withdrawn almost all of his campaign's challenges of ballots in Minnesota's gubernatorial recount.

As the Star Tribune reports, Emmer had about 650 challenges remaining, going into today. By today's deadline of noon Central Time, his campaign had cut that down to a mere 131 challenges. The board will meet tomorrow to adjudicate the remaining challenges from Emmer, as well the challenges from Democratic nominee Mark Dayton.

This follows his campaign's actions over last weekend, when they withdrew over 2,500 challenges in heavily Democratic Hennepin County (Minneapolis), which the local officials at the counting tables had deemed to be frivolous.

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MN-GOV

PPP Poll: Minnesotans Say Dayton Won Gov Race, Emmer Should Concede

Eric Kleefeld | December 7, 2010, 10:52AM

MN-GOV candidates Tom Emmer (R) and Mark Dayton (D)

A new Public Policy Polling (D) survey of Minnesota finds that Minnesotans far and wide say that Democrat Mark Dayton was the winner of the gubernatorial race -- he leads by about 9,000 votes -- and that Republican nominee Tom Emmer should concede.

Still, it looks like Republicans could be gearing up to legally contest the gubernatorial race at the conclusion of the recount process.

The poll asked: "Do you think the rightful winner of the Governor's race was Mark Dayton or Tom Emmer?" The answer was Dayton 68%, Emmer 21%. Democrats say it was Dayton by 95%-3%, independents say Dayton by 72%-13%, and Republicans only say Emmer by a plurality of 46%-37%

The next question: "Do you think Tom Emmer should concede the Governor's race or not?" The answer here was 68% yes, 22% no -- nearly identical to the previous number on who the rightful winner is, with internal numbers that closely match it given the margins of error.

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MN-GOV

Tom Emmer: 'We're Not Going Away Regardless Of What Happens' In MN-GOV Recount

Eric Kleefeld | December 6, 2010, 9:50AM

MN-GOV candidate Tom Emmer (R)

Some key developments took place over the weekend in the Minnesota gubernatorial recount, with Republican nominee Tom Emmer's withdrawing almost all of its ballot-challenges that were deemed to be frivolous by the local officials at the counting table. But on the other hand, even though he is mathematically guaranteed to lose the recount, he also says he's not going away.

As the Star Tribune reports, the Emmer campaign had challenged 2,604 ballots in heavily Democratic Hennepin County (Minneapolis), with almost all the challenges being declared frivolous. At Friday's State Canvassing Board Meeting, Emmer lead attorney Eric Magnuson (a former state Chief Justice who previously sat on the board in the 2008 Senate recount between Al Franken and Norm Coleman) promised to bring the number down.

Then on Saturday, out of 2,604 challenges, the Emmer campaign reviewed the ballots and brought the number down to...24. Magnuson said that the large number of withdrawals "doesn't mean I agreed they were frivolous ... but I was not going to take them before the Canvassing Board."

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MN-GOV

Minnesota State Canvassing Board Debates The Importance Of Being Frivolous

Eric Kleefeld | December 3, 2010, 6:24PM

MN-GOV candidates Tom Emmer (R) and Mark Dayton (D)

The Minnesota State Canvassing Board just had a contentious two-hour meeting, in their effort to oversee the state gubernatorial recount, in which they tangled with Republican nominee Tom Emmer's lead litigator Eric Magnuson -- a former state Chief Justice who served on the board itself during the 2008 Senate recount. And in a display that would make Oscar Wilde proud, the board spent its meeting at lengthy discourse on the subject of frivolity.

At issue were the very large number of challenges that Emmer campaign observers have made against the local officials' decisions on how to count ballots -- of which the vast majority, over 2,500 of them, have been deemed frivolous by the local officials and counted anyway, under the board's rules.

After much back and forth, the board came to realize that they had to dot every "i" and cross every "t," and laid out a new procedure for the next week -- copies of all challenges deemed frivolous will be provided to the Emmer campaign, with Magnuson promising to seriously cut down the list by the middle of next week, and the board to see the list on Friday. But, Magnuson said, there would still be ballots that they think should get a look.

(As Justice David Stras made clear, the board is not promising to actually look at all such ballots -- just that Team Emmer must have access to them and the chance to review the list.)

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MN-GOV

Emmer Digs In: MN-GOV Recount 'Merely A Step In The Process'

Eric Kleefeld | December 3, 2010, 12:37PM

MN Gov candidate Tom Emmer (R)

Minnesota Republican gubernatorial nominee Tom Emmer, who entered the state recount trailing Democrat Mark Dayton by 8,770 votes, just held a press conference and admitted that the recount itself would not change the result. Instead, he made a lot of hay over a different issue, attacking the possibility of precincts that have more ballots cast than people who properly signed the registers.

The takeaway here is that the Emmer campaign could potentially file an election contest -- a lawsuit disputing the election result -- on the basis of alleged voter fraud. A possible drawn-out legal contest could result in Republican Gov. Tim Pawlenty staying in office in the interim, with the opportunity to work with a newly elected Republican legislature.

"This egregious disregard for election laws calls into question the integrity of one vote per person," Emmer said, "and is, I believe, an assault on the very principles of the American voting system, diluting every legally cast vote. Again, that's when you have more ballots, than supposedly you have people that voted in the election."

He also added: "Remember the recount is merely a step in the process that ensures that there are no other irregularities that must be accounted for."

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MN-GOV

Dayton Withdraws His 42 Frivolous Ballot Challenges -- Attacks Emmer's 2,500

Eric Kleefeld | December 2, 2010, 6:49PM

MN-GOV candidates Tom Emmer (R) and Mark Dayton (D)

In another fun development in the Minnesota gubernatorial recount, the campaign of Democratic nominee Mark Dayton has written a letter to the State Canvassing Board withdrawing all of its ballot-challenges that have been declared frivolous by local officials -- and savaging the campaign of Republican nominee Tom Emmer for issuing a lot more of such challenges than they have.

Essentially, Team Dayton appears to be letting Team Emmer make themselves look bad, and could be trying to ingratiate their own side with the board ahead of a meeting on Friday, which was scheduled ahead of time just to examine this very issue.

"The 2010 Gubernatorial Recount to date has been disrupted by a striking pattern of frivolous challenges to ballots validly cast by lawful Minnesotan voters, with clear expression of voter intent and devoid of any identifying marks," writes Dayton co-lead counsel Marc Elias (who previously served as Dem Sen. Al Franken's lead attorney in the 2008 Senate recount). "I urge this Board to put an end to this unfortunate effort to disenfranchise Minnesota voters."

According to the letter, Team Dayton had only lodged 42 frivolous challenges -- that's right, my fellow fans of absurdist comedy, 42 -- compared to 2,544 from Team Emmer as of the close of business on Wednesday.

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MN-GOV

Mark Dayton To Raise Money With Bill Clinton, George Soros

Eric Kleefeld | December 2, 2010, 2:54PM

Former President Bill Clinton, gubernatorial candidate Mark Dayton (D-MN)

This should just tickle certain right-wingers pink.

As Minnesota Public Radio reports, Democratic gubernatorial nominee Mark Dayton has a very special fundraiser coming up, to help pay for his efforts in the state recount. The headliner at the December 13th event will be none other than former President Bill Clinton.

But that's not all. It will also be held in New York, at the home of George Soros.

Going into the recount, Dayton led Republican nominee Tom Emmer by 8,770 votes, or 0.42%. While this is within the 0.5% needed to trigger a statewide recount, many observers have doubted that Emmer could pull ahead, as Dayton's lead is probably too wide to be reversed barring any surprising discoveries in the hand count. However, a possible drawn-out legal contest could potentially result in Republican Gov. Tim Pawlenty staying in office in the interim, with the opportunity to work with a newly elected Republican legislature.

MN-GOV

Emmer Camp Threatens To Sue County -- For Wanting To Add More Counting Tables

Eric Kleefeld | December 2, 2010, 12:19PM

MN-GOV candidate Tom Emmer (R)

The campaign of Minnesota Republican gubernatorial nominee Tom Emmer is continuing to challenge a whole lot of ballots in the state recount -- and a whole lot of those challenges are being declared frivolous by local officials, making for some very interesting squabbles.

As the Star Tribune reports, in Hennepin County (Minneapolis) alone, Team Emmer has made about 1,600 challenges that have been declared frivolous by local officials. Election manager Rachel Smith made an attempt to speed things up -- which she quickly abandoned, after Emmer attorney Tony Trimble attempted to sue:

To speed things up on Wednesday, Smith asked to add three or four counting tables to the 25 already set up.

Trimble objected, saying if she did so, the campaign would take the county to court. "They can't change the rules," he said.

The state Republican Party also blasted Smith. In a statement, the party said Smith "tried to change the rules in the middle of game to advance the interests of Mark Dayton."

Smith then ditched the idea, saying that it was "not worth the fight."

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MN-GOV

Dayton Camp Claims Lead Increases In MN-GOV Recount, As Team Emmer's Ballot Challenges Mount

Eric Kleefeld | December 1, 2010, 4:46PM

MN-GOV candidates Tom Emmer (R) and Mark Dayton (D)

Here is the latest update on the Minnesota gubernatorial recount, where Democratic former U.S. Sen. Mark Dayton entered the recount leading Republican state Representative Tom Emmer by 8,770 votes.

(See here for an overview of their methodology, and both the necessary caveats and points in its favor, plus a primer on the issue of how ballots that are challenged by a campaign end up being handled.)

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MN-GOV

Dayton Campaign: Our Lead In MN-GOV Recount Has Grown By 205 Votes

Eric Kleefeld | November 30, 2010, 5:05PM

MN-GOV candidates Tom Emmer (R) and Mark Dayton (D)

The campaign of Minnesota Democratic gubernatorial nominee Mark Dayton just held a press conference, claiming that his lead in the recount has now grown by 205 votes, as of earlier this afternoon.

Going into the recount this week, Dayton led Republican nominee Tom Emmer by 8,770 votes, or 0.42%. While this is within the 0.5% needed to trigger a statewide recount, many observers have doubted that Emmer could pull ahead, as Dayton's lead is probably too wide to be reversed barring any surprising discoveries in the hand count. However, a possible drawn-out legal contest could potentially result in Republican Gov. Tim Pawlenty staying in office in the interim, with the opportunity to work with a newly elected Republican legislature.

At the press conference, Dayton recount director Ken Martin said that in the precincts that have been recounted thus far -- representing a bit over half of the total votes -- Dayton has gained 271 votes, to Emmer gaining 66 votes, for a net Dayton gain of 205, and a current lead of 8,975.

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MN-GOV

Team Dayton: We Extended Our Lead On Day 1 Of Recount -- By 37 Votes

Eric Kleefeld | November 29, 2010, 4:22PM

Minnesota Democratic gubernatorial nominee Mark Dayton

The campaign of Minnesota Democratic gubernatorial nominee Mark Dayton has just made an announcement on the first day of the recount so far, telling a press conference that they have expanded their lead over Republican Tom Emmer, according to their calculations.

Dayton recount director Ken Martin said that with 21% of the total ballots now recounted, they estimated that they have gained 88 votes, to Emmer gaining 51 votes, for a total increase in their margin of 37 votes. Dayton went into the recount already ahead by 8,770 votes, out of about 2.1 million total ballots. (Both candidates will probably gain votes in the recount, due to the tendency to discover ballots that were too lightly marked for the optical-scan machines, but are easily recognized by the human eye.)

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MN-GOV

Reports: GOPer Emmer's Campaign Challenging Ballots In MN-GOV Recount

Eric Kleefeld | November 29, 2010, 3:14PM

Minnesota gubernatorial candidate Tom Emmer (R)

The ballot challenges are starting to roll in for the Minnesota gubernatorial recount -- and more of them coming from Republican nominee Tom Emmer's campaign than from Democrat Mark Dayton's, apparently. That said, things still appear to be going smoother than they did in the last statewide recount, from the long and drawn out Senate race in 2008.

The Star-Tribune reports:

According to Hennepin County election manager Rachel Smith, shortly after the recount began the Emmer representatives started filing an increasing number of challenges to would-be Mark Dayton votes that table judges deemed frivolous.

In some precincts "every third or fourth ballot" was challenged by the Emmer camp, Smith said.

...

Dayton lawyer David Lillehaug, asked about reports of frivolous challenges by Emmer representatives, showed a reporter a copy of a ballot from a Minnetonka precinct that an Emmer representative challenged because the oval was not completely filled in. The ovals appeared to almost completely blacked out and the challenge was deemed frivolous.

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MN-GOV

Minnesota Recount Part II Kicks Off Today

Eric Kleefeld | November 29, 2010, 12:00PM

MN-GOV candidates Tom Emmer (R) and Mark Dayton (D)

Minnesota is beginning its gubernatorial recount today -- its second statewide recount in two election cycles, following the even closer and heavily litigated Senate race from 2008.

Democratic nominee Mark Dayton leads Republican Tom Emmer by 8,770 votes, or 0.42%. While this is within the 0.5% needed to trigger a statewide recount, many observers have doubted that Emmer could pull ahead, as Dayton's lead is probably too wide to be reversed barring any surprising discoveries in the hand count. For example, the 2008 Senate recount resulted in a net margin shift of only a few hundred votes between Republican Norm Coleman and Democrat Al Franken.

However, a possible drawn-out legal contest could potentially result in Republican Gov. Tim Pawlenty staying in office in the interim, with the opportunity to work with a newly elected Republican legislature.

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MN-GOV

Minnesota Recount Part II Set To Begin -- As Board Figures Out The How

Eric Kleefeld | November 23, 2010, 3:25PM

MN-GOV candidates Tom Emmer (R) and Mark Dayton (D)

The Minnesota State Canvassing Board held a busy meeting this morning, as they begin to make some crucial decisions on how the recount will proceed in the gubernatorial race between Democrat Mark Dayton and Republican Tom Emmer.

With the counties finished proofreading their spreadsheets, as well as routine hand recounts in randomly selected precincts to double-check the accuracy rate of the optical-scan machines, Dayton leads by 8,770 votes, or 0.42%. While this is within the 0.5% needed to trigger a statewide recount, many observers have doubted that Emmer could pull ahead, as Dayton's lead is probably too wide to be reversed barring any surprising discoveries in the hand count. However, a possible drawn-out legal contest could potentially result in Republican Gov. Tim Pawlenty staying in office in the interim, with the opportunity to work with a newly elected Republican legislature.

With the State Canvassing Board formally declaring there would be a recount, today's meeting has been dominated by questions of how to conduct it, in light of the lessons learned from the thorough recount from the 2008 Senate race -- and the very thorough six months of extra litigation that followed it, with the result being within just a few hundred votes at the time. And a cast of familiar faces from last time, some of them in different roles this time around, grappled with these new issues.

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MN-GOV

Dayton Legal Team Proposes Change To Ballot-Challenge Process In MN-GOV Recount

Eric Kleefeld | November 23, 2010, 10:09AM

MN-GOV candidates Tom Emmer (R) and Mark Dayton (D)

The Minnesota State Canvassing Board is scheduled to meet at 11 a.m. ET today, to formally declare a recount in the gubernatorial race where Democrat Mark Dayton leads Republican Tom Emmer by less than 9,000 votes. And headed into the meeting, the Dayton campaign sent a letter to the board yesterday evening with an interesting request: Make a slight but significant change to the ballot-challenging process.

It's impossible to know at this juncture whether the board will grant this request -- and perhaps the last-minute nature of the request would lean against such a change. But it does show a clear strategy on the part of Team Dayton: With their candidate's lead being much wider than anything Norm Coleman or Al Franken ever enjoyed in the 2008 Senate recount, they're moving early to try to cut off any possible avenues for Emmer to slow down the process or cast doubt on the margin.

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MN-GOV

Minnesota Supremes Rule Against Tom Emmer -- In Record Time

Eric Kleefeld | November 22, 2010, 6:39PM

Minnesota gubernatorial candidate Tom Emmer (R)

The Minnesota Supreme Court has now ruled against Republican gubernatorial nominee Tom Emmer's effort to force counties to sort through precinct rolls and potentially eliminate votes deemed to be excessively cast -- a move that could have delayed the upcoming recount of the election in which Democrat Mark Dayton is ahead. And in a truly remarkable move, the court issued its ruling only about two hours after today's oral arguments.

As The UpTake reported, the ruling was unusually fast. Key quote:

Based on all the files, records, and proceedings, herein,

IT IS HEREBY ORDERED THAT the petition be, and the same is, denied. So as not to impede the orderly election process, this order is issued with opinion to follow.

Petition denied.

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MN-GOV

Dayton And Emmer Lawyers Clash At State Supreme Court

Eric Kleefeld | November 22, 2010, 5:20PM

MN-GOV candidates Tom Emmer (R) and Mark Dayton (D)

The Minnesota gubernatorial race has now seen its first piece of key litigation before the state Supreme Court, with the panel having just heard arguments this afternoon on Republican nominee Tom Emmer's efforts to force counties to potentially remove ballots from the total vote count.

The subject may seem dry, but it could have a real consequence: If the court sides with Emmer, it could potentially delay the recount, which is otherwise supposed to begin on November 29. And what's more, a delay in the recount procedures could have the effect of delaying the seating of a new governor, likely keeping Republican Gov. Tim Pawlenty in office in the interim. The State Canvassing Board is scheduled hold a key meeting tomorrow, at which it would order the recount to proceed.

Here is the quick overview: Minnesota law provides for, if a precinct is found to have an excessive number of votes beyond the number of people who are recorded as having voted there, to randomly remove votes from the tallies. The big questions, then, are how to properly determine what the right number is, and whether any true over-voting occurred.

Team Emmer argues that the law can only allow for the people who signed the register to be the proper measurement, while the Secretary of State's rules (which go back to the 1980s) have directed precinct workers to count up the number of separate voter receipts.

No ruling was immediately made. If experience from the last statewide recount is a guide (which is not a guarantee), then a ruling for a pressing recount matter such as this one could potentially occur within the next few days.

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MN-GOV

Mark Dayton Hires Former Franken Lead Attorney In MN-GOV Recount

Eric Kleefeld | November 22, 2010, 12:25PM

Minnesota gubernatorial candidate Mark Dayton (D)

The old band is back together in Minnesota. Democratic gubernatorial nominee Mark Dayton last Friday signed up Marc Elias, a top Democratic election attorney who headed up Al Franken's legal team in the 2008 Senate recount and subsequent litigation, to work on the Minnesota Recount Part II fight.

Elias will join Charlie Nauen as co-lead counsel, Dayton spokesperson Denise Cardinal tells us. (Nauen also worked in the Senate recount, on an independent suit by a group of Franken voters whose absentee ballots had been rejected.) Dayton has also brought 2008 veteran attorney Kevin Hamilton on board, who will be rejoining his former legal teammate David Lillehaug in assisting Nauen and Elias.

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MN-GOV

County In Minnesota: Emmer's Argument Is 'Flawed' And 'Obsolete'

Jillian Rayfield | November 19, 2010, 4:46PM

Minnesota gubernatorial candidate Tom Emmer (R)

Ramsey County in Minnesota has responded to Republican Tom Emmer's complaint with the Minnesota Supreme Court that possible "overvoting" occurred in the gubernatorial race. After counting voting receipts, Ramsey County drafted a written response that called the complaint "fundamentally flawed because they rely on a statute that uses obsolete language that is inconsistent with modern election day practices."

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MN-GOV

Mark Dayton: Tom Emmer's MN-GOV Challenge Is 'Desperate'

Jillian Rayfield | November 19, 2010, 12:33PM

MN-GOV candidates Tom Emmer (R) and Mark Dayton (D)

Democrat Mark Dayton today called Republican Tom Emmer's attempt to challenge the results of Minnesota's governor's race in court "desperate."

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MN-GOV

GOPer's MN-GOV Vote Complaint Leans On Witnesses With GOP Ties

Eric Lach | November 19, 2010, 9:08AM

Tom Emmer

The Republican Party of Minnesota and Tom Emmer's gubernatorial campaign have filed a petition with the state's Supreme Court, alleging that some election judges did not follow the rules when tallying votes. Emmer's argument is that improper record-keeping resulted in extra votes being counted, and he wants the matter addressed before the state's canvassing board certifies the results. But the Minnesota Independent reports that the "vast majority" of the witnesses in the complaint have ties to the Republican Party or the Tea Party movement.

Democrat Mark Dayton leads Emmer by about 8,700 votes, which is close enough to trigger an automatic recount. The canvassing board is scheduled to certify the results on November 23, with a recount slated to begin November 29.

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MN-GOV

MN-GOV Recount Looms -- But Dem Dayton Already Planning Transition

David Taintor | November 19, 2010, 8:36AM

Minnesota Democratic gubernatorial nominee Mark Dayton

Recount? What recount?

Democrat Mark Dayton is making it clear that he's going to be ready if he is declared the next governor of Minnesota, launching his transition site, daytontransition.org -- recount or no.

The site leads with a welcome message from Dayton and his running mate, Yvonne Prettner Solon, saying that while election officials sort out who the official winner is, "the challenges facing us and our State simply cannot wait."

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Mark Dayton

Emmer Files Petition Over Possible 'Overvote' In MN-GOV Race

Jillian Rayfield | November 17, 2010, 3:05PM

MN-GOV candidates Tom Emmer (R) and Mark Dayton (D)

Republican Tom Emmer and the Minnesota Republicans have filed a petition with the state Supreme Court ahead of an expected recount to make sure that there was no "overvote" in the Minnesota governors race.

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MN-GOV

Emmer Campaign Sues Two Counties In MN-GOV Fight

Eric Kleefeld | November 12, 2010, 3:38PM

MN Gov candidate Tom Emmer (R)

The legal filings are already flying around in the impending Minnesota gubernatorial recount, with Republican nominee Tom Emmer and the state GOP filing lawsuits against two counties, St. Louis and Pine, for not satisfying their data requests immediately.

Now just to be clear, this is not the lawsuit you might be thinking of for a Minnesota recount -- known as an election contest, which would come after the recount itself, and potentially delay the swearing-in of the new governor.

Rather, these are complaints that the counties involved have not delivered important election-related data to Team Emmer, such as voting-machine data, poll rosters, the names of poll workers, incident reports, ballot security information, information on absentee ballots, any communications with the campaign of Democratic nominee Mark Dayton, etc., in a timely manner.

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MN-GOV

Emmer: I Won't Delay In MN-GOV Battle Just For GOP Gain

Eric Kleefeld | November 12, 2010, 10:45AM

Tom Emmer

Minnesota Republican gubernatorial nominee Tom Emmer is speaking out about the possibility of a legal contest keeping GOP Gov. Tim Pawlenty in office past the end of his term. While Emmer is not ruling out a possible contesting of the election, should any issues come up during the recount, he also says in strong terms that he would not be a part of delaying a result for the sake of a GOP power grab.

In a one-on-one interview Thursday with WCCO-AM radio sportscaster Michele Tafoya (who disclosed on the air that she had made a donation to Emmer's campaign), Emmer was asked about the scenario that has been much speculated about in the media -- that the GOP might use a legal proceeding to stall Democratic nominee Mark Dayton from taking office, and allowing Pawlenty to pass legislation with the newly-elected Republican legislature.

"Well anybody who thinks that, that's not gonna be what I'd ever be involved in, Michele," said Emmer. "This is not about what I might want, or somebody else."

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MN-GOV

Would The GOP Try To Drag Out MN-GOV Recount To Keep Pawlenty In Office?

Eric Kleefeld | November 11, 2010, 8:56AM

MN-GOV candidates Tom Emmer (R) and Mark Dayton (D)

The likely recount in the Minnesota gubernatorial race, where Democratic former U.S. Sen. Mark Dayton currently leads Republican state Rep. Tom Emmer by slightly under 9,000 votes, has presented an interesting possible scenario: Republican Gov. Tim Pawlenty, a potential presidential candidate, could end up staying in office a little while longer if the election gets tied up in the courts -- and with a newly-elected Republican majority legislature, to boot.

Is it possible that the GOP might try to drag out the recount process to pass Republican-friendly legislation without the threat of a Democratic governor's veto pen? So far, one top Republican, the incoming state House Speaker, has said they wouldn't try to do that -- but they would have to get things done eventually. And the possibility does seem to be hanging over the whole proceeding.

Many observers -- including Fritz Knaak, a former lawyer for Norm Coleman -- have said that it would be very difficult for Emmer to win with the vote numbers like this. But if the process were to drag out, it could result in a Republican governor staying in office longer than expected.

As you might recall from the previous statewide recount in Minnesota, the recent legally contested Senate election from 2008 that resulted in a final 312-vote win by Democrat Al Franken, Minnesota will not certify an election winner in a disputed election until a state legal contest (a kind of civil trial) is concluded. And with the result in that election so close, the recount and subsequent legal processes ended up taking eight months, with Franken not being sworn in until July 2009.

And as we also learned the day after the election, Minnesota's state constitution provides for the current governor, Pawlenty, to stay in office until a successor is determined.

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MN-GOV

Legal Teams Taking Shape For Potential MN-GOV Recount Fight

Eric Kleefeld | November 10, 2010, 8:40AM

MN-GOV candidates Tom Emmer (R) and Mark Dayton (D)

The two candidates in the expected Minnesota gubernatorial recount, Democratic former U.S. Sen. Mark Dayton and Republican state Rep. Tom Emmer, have each been assembling the kinds of high-powered legal teams that we should expect for a potential stiff legal fight. And there is quite a bit of history linking them all to the previous statewide recount from just two years ago, in the super-close and controversial Senate race between Al Franken and Norm Coleman.

Dayton currently leads by by slightly less than 9,000 votes, or 0.42%, within the 0.5% threshold that would trigger an automatic recount under state law. However, many observers -- including Fritz Knaak, a former lawyer for Norm Coleman -- have said that it would be very difficult for Emmer to pull out the win. By contrast, the 2008 Senate recount resulted in a net margin shift of only about 500 votes, which was enough to change the winner in a race that was even closer than this one.

But a lot is at stake here. The midterm election also produced a Republican-led legislature, overturning previous Dem majorities, and which governor takes office will have a vast difference on the policies the state adopts. And furthermore, if this were to last into early January then it would result in neither taking office immediately. Instead, Republican Gov. Tim Pawlenty would remain in office for the interim.

So let's take a quick look at the current state of the legal teams that have been put together.

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MN-GOV

Emmer: 'Minnesota Voters Have Spoken, We Just Don't Know What They Said Yet'

Eric Kleefeld | November 9, 2010, 3:11PM

MN Gov candidate Tom Emmer (R)

Minnesota Republican gubernatorial nominee Tom Emmer just spoke to reporters at a press conference, seeking to deliver a clear message on the likely recount in the race: That the outcome of the election is not settled, and the process needs to play out.

"The statement is just briefly, thank you all for coming. It's nice to know that you all care. There's not much of a statement to make," Emmer said, opening the presser. "The Minnesota voters have spoken, we just don't know what they said yet. There's a process in place that is moving forward, and we should know shortly that the outcome is."

Democratic nominee Mark Dayton currently leads by a bit under 9,000 votes, or 0.42%. Although this is within the 0.5% margin for a hand recount under state law, many observers think that this margin is too wide for a recount to change the outcome -- by contrast, the eight-month long Minnesota Senate recount and legal contest from the 2008 election resulted in a net margin shift of only about 500 votes.

Reporters then asked Emmer a series of key questions: For example, where did he disappear to in the days after the election?

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MN-GOV

Emmer Hires Ex-State Chief Justice (And Ex-Canvassing Board Member) To Legal Team

Eric Kleefeld | November 9, 2010, 1:45PM

MN Gov candidate Tom Emmer (R)

In a further sign that Republican candidate Tom Emmer is going to put up a serious fight in the Minnesota gubernatorial recount, the state GOP has announced the hiring of a very important name for his legal team: Former state Supreme Court Justice Eric Magnuson, who previously served on the state Canvassing Board in the 2008 Senate recount, and will now serve in the role of chief litigator on Team Emmer.

As the Star Tribune notes, Magnuson played a special role within the Canvassing Board itself, keeping detailed notes on the sorts of disputed markings on ballots that the board would encounter, and the "precedents" on how they would count them. (For example, he helped to establish a rule that the state's law against a person signing their ballot would not apply in cases where a person had crossed out a previous choice, then signed the alteration in the manner in which people are accustomed to marking up legal documents.)

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MN-GOV

Emmer Attorney: We're Not Waiving Right To Recount

Eric Kleefeld | November 8, 2010, 3:47PM

Minnesota gubernatorial candidate Tom Emmer (R)

In another sign that the Minnesota gubernatorial race is far from over, Republican nominee Tom Emmer's legal team has told the Associated Press that he will not be waiving a statewide automatic hand recount:

Attorney Tony Trimble says Emmer has already made up ground to Democrat Mark Dayton from election night totals. Emmer now trails Dayton by more than 8,700 votes, which is close enough for an automatic hand recount.

The state recount law provides for a full hand recount if the margin is within 0.5%, but does give an option for an apparently losing candidate to waive that process and call off the recount. But as we see, Emmer will not be exercising that option.

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MN-GOV

Local Fox Reporter Indignantly Grills MN Sec Of State Over Recount (VIDEO)

Eric Kleefeld | November 5, 2010, 6:02PM

Minnesota Secretary of State Mark Ritchie (D)

If there's a close election in Minnesota...then Fox News is all over it, and going after the Democrats. Check out this amazing interview that Heidi Collins, formerly of CNN and now an anchor on the local Fox station in her native Twin Cities area, did with Democratic Secretary of State Mark Ritchie on Wednesday night. Among the suspicious points she raises against Ritchie regarding the gubernatorial recount is that...his office was prepared for a recount!

In the race to succeed Repubican Gov. Tim Pawlenty, Democratic former U.S. Sen. Mark Dayton currently leads Republican state Rep. Tom Emmer by slightly under 9,000 votes, a percentage gap of 0.42% out of about 2.1 million votes. Though this figure is within the 0.5% margin that would trigger a mandatory hand recount, past experience from the state's long-running 2008 Senate recount and legal contest -- in which the margins were only ever a few hundred votes out of 2.9 million ballots -- would suggest that the outcome is highly unlikely to switch to the Republicans.

Collins opened the interview by playing a video clip of state GOP chair Tony Sutton blaming Ritchie for the recount, and saying that it should be "a process that's dominated by an ACORN activist who happens to be the Secretary of State."

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MN-GOV

Minnesota Sec. of State Proposes Recount Schedule For Gov. Race

Eric Kleefeld | November 5, 2010, 1:05PM

Minnesota Secretary of State Mark Ritchie (D)

Minnesota Secretary of State Mark Ritchie's (D) office has released a proposed schedule for the expected gubernatorial recount -- and the state could be cutting it close on this one.

As the Star-Tribune reports, the schedule calls for a State Canvassing Board meeting on November 23, to certify the initial election results and determine the need for any recounts. As of right now, Democratic former U.S. Sen. Mark Dayton's lead over Republican state Rep. Tom Emmer is slightly under the 0.5% margin that would trigger a mandatory hand recount.

The recount would then begin on November 29, with a deadline of December 7 for local officials to finish sorting and counting the ballots. The canvassing board would then meet on December 8-10 to sort through any disputed ballots, and then certify the results on December 14.

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MN-GOV

Minnesota GOP And Dems Gearing Up For Recount Part II

Eric Kleefeld | November 4, 2010, 6:14PM

MN-GOV candidates Tom Emmer (R) and Mark Dayton (D)

Both sides are gearing up for a fight in the Minnesota gubernatorial recount -- the state's second consecutive statewide recount in two election cycles -- where Democratic former U.S. Sen. Mark Dayton leads Republican state Rep. Tom Emmer by just under 9,000 votes out of over two million.

As the Star Tribune reports, the state Republican Party is quickly working to mobilize its activist base:

The party sent out an e-mail Thursday, asking voters to contact it if they encountered or saw any irregularities at their polling places on Tuesday.

According to the party, such irregularities include voting machine malfunctions, unsecured ballots or voter intimidation.

The morning after the election, state GOP chairman Tony Sutton signaled the party's approach this time, saying "we are not going to get rolled this time."

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2010 elections

Here We Go...: 2010's Recounts, Write-Ins And Disputed Elections

Eric Kleefeld | November 3, 2010, 2:42PM

Joe Miller and Sen. Lisa Murkowski (R-AK)

Here's a quick update on the statewide races that may or may not be seeing recounts, election contests, graphology examinations, Brooks Brothers riots, etc.:

• In the Alaska Senate race, it's not a recount so much as a protracted and unusual vote count -- it could take weeks to sort through the 41% of ballots that were write-in votes, to determine how many them constitute valid, legal votes for incumbent GOP Sen. Lisa Murkowsi against Republican nominee Joe Miller.

• In the Connecticut gubernatorial race, Secretary of State Susan Bysiewicz (D) has declared that Democrat Dan Malloy will win the race, without a recount. Republican Tom Foley is not conceding, maintaining that his campaign's internal numbers have them on track for a 2,000-vote win.

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MN-GOV

Pawlenty: 'I Will Continue To Serve As Governor' In Case Of MN Recount

Eric Kleefeld | November 3, 2010, 1:34PM

Gov. Tim Pawlenty (R-MN)

The possible gubernatorial recount in Minnesota, where Democratic former U.S. Sen. Mark Dayton leads Republican state Rep. Tom Emmer by just over 9,000 votes, has another possible ramification. It is now possible that if the process were to drag on into January, the current GOP Gov. Tim Pawlenty, a potential Republican presidential candidate, could stay on as governor for an extra while.

As you might recall, the legal processes in Minnesota forbid the certifying of an election result until the disputes have truly been resolved in the state courts. In the recount of the 2008 Senate election, this meant that the seating of Democratic Sen. Al Franken was delayed until all the way into July 2009. But while a Senate seat can go vacant and American governance continues, what would happen to the executive branch of the state in case of an election dispute?

As the Star Tribune reports, the relevant language in the state constitution declares: "The term of office for the governor and lieutenant governor is four years and until a successor is chosen and qualified."

This would would appear to mean that Pawlenty would remain in office as the current governor, if a recount and any potential legal issues were to continue -- and Pawlenty has now issued a statement indicating that he would do exactly that.

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2010 elections

On A Knife-Edge: Several Statehouses Still Up For Grabs

Eric Kleefeld | November 3, 2010, 11:09AM

IL Gov. Pat Quinn (D)

Here is the latest on some key gubernatorial races, which were not resolved as of last night:

• In Connecticut, where Republican Gov. Jodi Rell was not seeking re-election, Republican Tom Foley and Democrat Dan Malloy have been locked in a tight race. As of this moment, with 92% of precincts reporting, Malloy now leads by about 1,600 votes out of over a million cast.

As the Hartford Courant reports, there could be some litigation over a two-hour voting extension that a judge ordered yesterday in some precincts in Bridgeport, due to an early ballot shortage:

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