Franken May Ask Senate to Intervene in Minn. Recount

Democrat Al Franken’s campaign said Monday that as many as 1,000 absentee ballots were improperly disqualified in Minnesota’s Senate race, and that it may appeal to courts or the U.S. Senate to order that those ballots be counted.

“Wherever the numbers stand today…that number simply cannot be relevant if it does not include all the votes that were legally cast,” said Franken attorney Marc Elias. “No recount can be considered accurate or complete until all the ballots cast by lawful voters are counted.”

Minnesota’s Board of Canvassers ruled last Wednesday that it would not revisit the improperly disqualified ballots.

Elias said that of the 12,000 disqualified absentee ballots in the race, “as many as 1,000” ballots were improperly excluded, and should be counted. Elias said it would appeal to the Board of Canvassers, courts, or even the U.S. Senate to ensure those ballots be counted.

The U.S. Constitution allows each congressional chamber to be the “Judge of the Elections, Returns and Qualifications of its own Members.” Senate Majority Leader Harry Reid (D-Nev.) called the Board of Canvassers’ decision to not count the absentee ballots “a cause for great concern,” fueling speculation that the Senate would explore the legality of the Minnesota recount’s results.

“If ultimately there is no remedy before the canvassing board or before the courts, then that is certainly an option,” Elias said of appealing to the Senate.