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Fox News' Baier touted ballot challenge by "dogged" Franken campaign, ignored similar ballot challenges by Coleman campaign

During the November 21 edition of Fox News' Special Report, while discussing the recount in the Minnesota Senate race between Democratic candidate Al Franken and incumbent Republican Sen. Norm Coleman, guest host Bret Baier asserted that "[b]oth candidates have challenged questionable ballots, but the Minnesota Star Tribune has revealed just how dogged the Franken campaign has been." Baier then stated that "Franken is challenging this Plymouth City ballot, although the bubble beside Coleman's name appears to be clearly marked," and aired a photograph of the ballot in question. However, Baier did not note or display any of the published examples of ballots that the Coleman campaign has challenged which "appear[] to be clearly marked" for Franken or another candidate besides Coleman. A Minnesota Public Radio article, originally published November 19 and updated November 21, provided some examples of ballots that the Coleman campaign has challenged: The Coleman campaign challenged this ballot [on November 19], arguing the voter didn't intend to vote for Franken, because of the small dot inside the bubble next to Dean Barkley's name.

Fox News' Napolitano advanced Communist smear against MN Sec. of State Ritchie

During the November 19 edition of Fox News' Studio B, Fox News senior judicial analyst Andrew Napolitano, a former New Jersey Superior Court judge, baselessly claimed that Minnesota Secretary of State Mark Ritchie (D) is a "former member of the Communist Party." Discussing the members appointed to the Minnesota State Canvassing Board, which oversees the recount in the Minnesota Senate race, Napolitano stated: "The fifth member of the committee by statute, is the secretary of state, who is a Democrat and a former communist -- former member of the Communist Party." Napolitano provided no evidence to support his claim that Ritchie is "a former communist" or a "former member of the Communist Party." Napolitano was taking further a smear advanced by the National Republican Senatorial Committee, which, as Media Matters for America noted, put out a "background document" suggesting a link between Ritchie and the Communist Party. In that document, the NRSC reprinted an assertion in the Minneapolis Star Tribune that "The Communist Party USA wrote encouragingly of [Ritchie's] candidacy." The Star Tribune article making the original claim that the "Communist Party USA wrote encouragingly of his candidacy" did not provide any evidence for this claim. According to a search of the Communist Party USA's website, in a June 24, 2006, report, CPUSA political action committee chair Joelle Fishman wrote: "In Minnesota the DFL [Democratic-Farmer-Labor, the state's version of the Democratic Party] candidate for Secretary of State Mark Ritchie, of the League of Rural Voters could play a valuable national role." Moreover, Napolitano falsely claimed that "the governor appoints a committee of four people" to serve on the canvassing board. In fact, Ritchie named the board members on November 12. Minnesota Gov. Tim Pawlenty (R) has stated that he approves of the composition of the canvassing board, but did not pick the board. Additionally, The Associated Press reported on November 13 that "Fritz Knaak, [Republican Sen. Norm] Coleman's lead lawyer, said he was comfortable with the board's makeup." The AP quoted Knaak as saying, "The people of this state should feel good about who's on the panel." From the November 19 edition of Fox News' Studio B with Shepherd Smith: SMITH: The Republican incumbent, Norm Coleman, holds the slightest of leads -- 215 votes over the Democratic challenger, Al Franken. And election workers are now beginning the laborious task of hand counting -- like that's more accurate than the machines -- all 2.9 million ballots cast. Hand counting -- you go, Minnesota. But what's a recount without a lawsuit? Al Franken, who's on Capitol Hill today, filed one to determine what to do about some rejected absentee ballots. Our senior judicial analyst, Judge Andrew Napolitano, is here. What's going on? NAPOLITANO: Well, the governor appoints a committee of four people: two Republican judges, two Democratic judges. The fifth member of the committee, by statute, is the secretary of state, who is a Democrat and a former communist -- former member of the Communist Party. Five people will rule on all contested issues. They don't physically do the counting. They hear arguments from one side or another about whether a ballot should be counted. There are many, many permutations here, because some counties use the old-fashioned mechanical vote, some use electronic, and some use paper ballots. I just finished reading the rules, and there's all kinds of ways. For example, if a voter circles the name on a paper ballot instead of filling out the block, does that count? Yes. Every benefit is given for every conceivable way to find a vote to count.

O'Reilly falsely claimed Coleman "was certified the winner" in MN Senate race

Echoing a false claim made by Sen. Norm Coleman's (R-MN) campaign, host Bill O'Reilly falsely claimed on the November 18 edition of Fox News' The O'Reilly Factor that Coleman "was certified the winner" in the Minnesota Senate race against Democratic challenger Al Franken. O'Reilly added: "Coleman won by a mere 215 votes." In fact, during the November 18 meeting of the Minnesota State Canvassing Board, Minnesota Secretary of State Mark Ritchie stated that the board was signing a certificate declaring that "[e]xcept for the offices of U.S. senator, state senator District 16, state representative Districts 12b and 16a, the candidates who received the highest number of votes cast for each office voted on in more than one county is hereby declared 'elected.' " Ritchie then explained: "This is the certificate that we are signing one at a time, and it declares the winner in all but four races. And in those four races, they will receive the same process at the end of the recount." Ritchie's office released a statement that day asserting that "Minnesota law triggers automatic recounts when the vote margin between the top two candidates in federal, state, or judicial races is less than one-half of one percent in a general election." It further stated: "The board reviewed and adopted election results with the exception of those requiring automatic recounts." The statement also quoted Ritchie asserting: "Only when this recount is complete in its entirety will we know who is elected." Several news outlets also reported that the board did not certify vote totals or a winner in the Minnesota Senate race. The Star Tribune reported on November 19 that the board "did not certify vote totals in the Senate race." The Pioneer Press reported in a November 19 article that the board "declare[d] winners ... in all but four" Minnesota election contests, including "the U.S. Senate race." The Press quoted Ritchie as saying, "We do not know the winner of four races until the completion of the process." Additionally, the West Central Tribune reported on November 19 that the "Senate race is among the four without a certified winner pending the recount." Additionally, Ritchie reportedly "dismissed" the Coleman campaign's statement that Coleman "was confirmed as the winner" in the race. In the statement, Coleman for Senate Campaign Manager Cullen Sheehan asserted that "Coleman has, for the third time, been named the winner of the 2008 election." Ritchie reportedly said in response, "We certified that on all but four races the winner is known." From the November 18 edition of Fox News' The O'Reilly Factor: O'REILLY: "Factor Follow-up" segment tonight: Minnesota Senator Norm Coleman was certified the winner in his race against Al Franken today. Coleman won by a mere 215 votes. But about 400,000 voters in Minnesota rejected Franken, while voting for Obama. They crossed the ticket to support Coleman, a stunning statistic. From the November 18 meeting of the Minnesota State Canvassing Board: RITCHIE: We will move now to the signing of the certificate, and with -- for the benefit of the audience, I would like to read this. "We, the undersigned, legally constituted state canvassing board, as required by law" -- and I think -- is there a good pen and all of that? Where's that original? Do you want to start it? [inaudible] "As required by law, canvassed on November 18th, 2008, the certified copies of the statements made by the county canvassing boards of the votes cast at the November 4th, 2008, state general election for presidential electors, U.S. Senate, U.S. representatives, state representatives, state constitutional amendment, and state judicial offices. We have also received the report of the 2008 postelection review, held pursuant to law, containing the changes and the number of votes counted by candidates for the offices of presidential electors, U.S. Senate, U.S. representatives in the precincts reviewed in each county of the state pursuant to Minnesota statute section 206.89, we have incorporated the indicated changes into the following report of the votes cast at the 2008 state general election. "We specify in the following report the names of the persons who received votes and the number received by each in the several counties in which they were cast as reported by the county canvassing boards and adjusted by the report of the postelection review. Except for the offices of U.S. senator, state senator District 16, state representative Districts 12b and 16a, the candidates who received the highest number of votes cast for each office voted on in more than one county is hereby declared 'elected.' " This is the certificate that we are signing one at a time, and it declares the winner in all but four races. And in those four races, they will receive the same process at the end of the recount. And the report triggers the counting by hand of the four races, which will begin tomorrow morning. And we have the task today of considering the procedures for the recount plans, which will now be presented by [Minnesota state elections director] Mr. Gary Poser.

Fox News' Barnes latest media figure to reference discredited Minnesota car ballot story

During the November 15 edition of Fox News' The Beltway Boys, while discussing the Minnesota Senate race, co-host Fred Barnes forwarded the discredited rumor that 32 ballots from Minneapolis were mishandled. Barnes said: "We've seen, under some questionable circumstances, [Democratic candidate Al] Franken gaining, you know, 32 ballots from the trunk of somebody's car that had been sitting there for a few days. I mean, I find that a bit suspicious." However, a lawyer for Sen. Norm Coleman's campaign, who initially raised questions about those ballots on November 8, reportedly said that same day that he had been assured the ballots were handled properly -- an assertion he reportedly repeated two days later. Indeed, on November 16, Minnesota Gov. Tim Pawlenty (R) -- who initially forwarded the car ballot rumor himself -- said that "there's a news report in Minnesota that the ballot-in-the-trunk story has now been retracted, that it wasn't accurate." Additionally, Barnes said that "what drives Republicans the most crazy is the guy in charge of the whole recount, and that's the Secretary of State Mark Ritchie [D] ... Republicans just regard it as someone who will do anything to get a Democrat elected, and that -- and that's Franken." However, Barnes did not acknowledge, as Media Matters for America has documented, that Pawlenty approved of the composition of the canvassing board Ritchie named to certify the vote and oversee the recount, or that a lawyer for Coleman's campaign reportedly said that the "state should feel good about who's on the panel." As Media Matters noted, while Fritz Knaak, a lawyer for Coleman, reportedly said on November 8, "We were actually told [ballots] had been riding around in [Minneapolis director of elections Cynthia Reichert's] car for several days, which raised all kinds of integrity questions," The Associated Press reported that same day that Knaak "said a Minneapolis attorney reassured Coleman's campaign that no one but an elected official had access to the 32 ballots and there was no tampering." On November 10, Knaak further reportedly said of the purported incident, "It does not appear that there was any ballot-tampering, and that was our concern." During the November 16 edition of Fox Broadcasting Co.'s Fox News Sunday, Pawlenty stated: PAWLENTY: There's a news report in Minnesota that the ballot-in-the-trunk story has now been retracted, that it wasn't accurate. There are concerning patterns about the changes before the recount starting favoring Al Franken, and some concerns that were raised. But we have to be clear on this. As of this moment, there is no actual evidence of wrongdoing or fraud in the process. If there is, it'll get rooted out and identified aggressively. Additionally, the Minneapolis Star Tribune reported on November 15: Earlier this week, Gov. Tim Pawlenty added fuel to the debate when he raised concerns of his own about ballot security, speaking on Fox News about an allegation, now documented as inaccurate, that a Minneapolis election official drove around with 32 absentee ballots in the trunk of her car. Ritchie declined to be critical of Pawlenty, but said he sent a note to Pawlenty thanking him for his support for the overall integrity of the state's election process and providing him with his cell phone number if the governor had any further questions. Asked if Pawlenty wanted to modify his comments, Pawlenty spokesman Brian McClung said: "Based on ballot security issues reported in news accounts, the governor expressed his concerns. He's glad some of these matters have been clarified." As Media Matters has documented, in addition to Barnes, numerous media figures and outlets have advanced the discredited rumor that the ballots were mishandled, including The Wall Street Journal, NBC correspondent Lee Cowan, MSNBC host Chris Matthews, and Fox News hosts Sean Hannity, Brit Hume, and Bill O'Reilly. From the November 15 edition of Fox News' The Beltway Boys: JEFF BIRNBAUM (guest co-host): Down, Minnesota. The Senate race between incumbent Norm Coleman and funnyman Al Franken couldn't be closer -- enough to trigger an automatic recount. But that hasn't had -- kept either side from questioning the legitimacy of the outcome. It's really -- this is really no good for anybody, basically, this extended problem. There are already new accusations, or renewed accusations, about Norm Coleman perhaps getting too close to a former fundraiser of his. Calls for investigations into whether money was channeled from the fundraiser's company to Norm Coleman and his wife -- charges that are -- are denied by the Colemans. But, nonetheless, this is getting very nasty, and a lot is at stake, of course, in the outcome. But if Norm -- if Coleman wins, it could really be a problem for him even if he does win. BARNES: I'm not worried. I don't think those lawsuits are going to amount to much. But it's clear now who -- which of the parties, whether the Coleman campaign or the Franken campaign, thinks the process is working on their side. We've seen, under some questionable circumstances, Franken gaining, you know, 32 ballots from the trunk of somebody's car that had been sitting there for a few days. I mean, I find that a bit suspicious. And some other things, too, you know, where he gains. There are all these more Franken votes in certain districts, but no votes for other offices that weren't affected. But what drives Republicans the most crazy is the guy in charge of the whole recount, and that's the Secretary of State Mark Ritchie, who's an ally of ACORN, and I don't need to describe them. And Republicans just regard it as someone who will do anything to get a Democrat elected, and that -- and that's Franken. I mean, every Republican I know thinks they're going to "discover" more ballots. And, of course, they'll favor Franken. All right. Up, Howard Dean. From the November 16 edition of Fox Broadcasting Co.'s Fox News Sunday: CHRIS WALLACE (host): All right, I want to ask you both about specific issues involving you. Governor Pawlenty, you've got a dead-even Senate race in Minnesota. And we'll put up the results, which are really quite extraordinary, just a couple of hundred votes out of almost two and a half million. There have been allegations from some Republicans that Democrats are trying to steal this election for Al Franken. Do you have full confidence in the secretary of state, who is a Democrat, and also in the canvassing board, to which -- a five-member board to which you appointed two members? PAWLENTY: Chris, in Minnesota we have a history of clear, transparent, accurate, and fair and legal elections. That's going to happen again here. The canvassing board is five people. They are invited by the secretary of state, not appointed by me. The governor doesn't have a role. But it's four judges -- all of which have good reputations -- and the secretary of state. The canvassing board in the state of Minnesota will render a result. This process will be fair and appropriate. I can assure you of that. WALLACE: Do you -- because there has been some talk in some Republican circles about ballots that were found in -- PAWLENTY: Sure. WALLACE: -- people's trunks. I mean, is -- is there any sign that there has been any fraud? And two, if there is any fraud, will that be sorted out by the canvassing board? PAWLENTY: There's a news report in Minnesota that the ballot-in-the-trunk story has now been retracted, that it wasn't accurate. There are concerning patterns about the changes before the recount starting favoring Al Franken, and some concerns that were raised. But we have to be clear on this. As of this moment, there is no actual evidence of wrongdoing or fraud in the process. If there is, it'll get rooted out and identified aggressively. But at the moment, there is no actual evidence of that occurring.

On Hardball, Matthews forwarded discredited rumor over MN ballots

On the November 14 edition of MSNBC's Hardball, while discussing the Minnesota Senate race, host Chris Matthews echoed the discredited rumor that 32 ballots from Minneapolis were mishandled. Matthews asked: "What about these absentee ballots that were found in somebody's back seat and they're now counting them as official -- what is that about? That sounds pretty squirrely or sneaky or what -- I don't know what it sounds like." Matthews later stated: "Yeah, well, if I lost by 30 votes and I found out that somebody had found 30 votes in their back seat, I'd be upset." In fact, while Fritz Knaak, a lawyer for Sen. Norm Coleman (R), reportedly said on November 8, "We were actually told ballots had been riding around in [Minneapolis director of elections Cindy Reichert's] car for several days, which raised all kinds of integrity questions," he also reportedly said that same day that he was assured the ballots weren't tampered with. On November 10, Knaak further reportedly said that "[i]t does not appear that there was any ballot-tampering, and that was our concern." Additionally, citing "Hennepin County officials," the St. Paul Pioneer Press reported of the absentee ballots in question: "On Election Day, officials attempted to deliver absentee ballots that arrived as part of a late mail delivery to the appropriate precinct. But some precincts had closed by the time they got there, and the ballots were returned to a secure location before being counted according to state law." Additionally, the Minneapolis Star Tribune reported on November 9 that the "32 Minneapolis ballots were part of the normal delivery of absentee ballots late in the polling day, according to Election Director Cindy Reichert. She said they were retained when they couldn't be delivered because some polling places had shut down for the day. She said the ballots were kept sealed until other election duties were completed and were being counted Saturday afternoon, with results to be delivered to the state on Monday." Nevertheless, in addition to Matthews, several media figures and outlets have advanced the rumor that the ballots were mishandled, including The Wall Street Journal, NBC correspondent Lee Cowan, and Fox News hosts Sean Hannity, Brit Hume, and Bill O'Reilly. From the November 14 edition of MSNBC's Hardball with Chris Matthews: NATE SILVER (FiveThirtyEight.com): Frankly, in Minneapolis and Hennepin County, you probably have Democrats looking at these ballots. He has maybe a kind of a home-field advantage here too. The secretary of state, you know, is a Democrat in Minnesota, so that's why Coleman's a little scared, trying to kind of cut off the recount before it starts, which you can't really do legally. But he knows that those 200 votes mean very little once you start counting, you know, the millions of votes that were cast in that race. MATTHEWS: What about these absentee ballots that were found in somebody's back seat and they're now counting them as official -- what is that about? That sounds pretty squirrely or sneaky or what -- I don't know what it sounds like. What do you make of it? SILVER: Well, I doesn't look good for the state in general when you have these numbers changing, but this actually happens in every state where vote counts are finalized over a 10-day to 14-day period. It happens -- usually people don't care if Obama wins by 10,008 votes instead of 10,012 or something, but when it's this close, people notice stuff like this. Yeah, I think it looks bad for Minnesota if you have this happening in some places, but they seem to be isolated incidents to me and not any kind of widespread fraud. MATTHEWS: Yeah, well, if I lost by 30 votes and I found out that somebody had found 30 votes in their back seat, I'd be upset. Let's take a look at the Georgia Senate race.