Mark Dayton was sworn in Monday as Minnesota’s 40th governor; he’s the first Democrat to hold the post since the 1980s. Dayton said he’s committed to progressive taxation in Minnesota and carrying through on his campaign promise to deal with the state’s budget problems in part by increasing taxes on wealthy Minnesotans, a group he says isn’t paying its fair share.

“I believe we all share the same aspirations for a better Minnesota,” Dayton said in his inauguration speech. “We may disagree on the details, but we never forget that our honest disagreements and our freedom to express them are the essential rights and great strengths of our democracy.”

He said, “My proposed budget solution will be reasonable, balanced and painful, because I see no easy alternative.”

Part of that pain would likely come in the form of a tax increase on Minnesota’s wealthiest, a group that, according to Dayton and state economists, pays a smaller percentage of their income on taxes. He said, “I will make Minnesota’s tax burden more progressive not more regressive.”

“Almost everyone would like to pay less,” he said, adding that it’s “essential that everyone paying taxes knows that everyone is paying their fair share.”

He challenged Republicans to present him a bill that balances the state budget without new taxes and without damage to schools and public safety.

He also urged Minnesota’s to do their part for the good of the state by making a commitment to volunteerism. “I invite you to get involved in the betterment of your communities throughout the state. I ask every adult Minnesotan, who is physically able, to volunteer a part of one day, every month.”

Dayton also asked every Minnesota business “to adopt a school and contribute to its improvement.”

Republican gubernatorial candidate Tom Emmer conceded the race for governor to DFLer Mark Dayton at a press conference at his Delano Wednesday morning. “Jacquie and I started this journey over 17 months ago, and it’s been one of the best experience of our lives.” He said he called Dayton at around 10 am Wednesday to let him know the race was over.

Emmer said he appreciated the “goodness and kindness of Minnesotans” while he was on the campaign trail.

He said he had a vision for Minnesota and “almost a million Minnesotans agreed with us on where Minnesota needs to go.”

He said that the Minnesota Supreme Court left open the issue of reconciliation of ballots, “This leaves the door open for a lawsuit. Some have suggested I consider contesting the election. I disagree.”

“I don’t believe a delay in seating the next governor will move our state forward,” he said. “Now is the time for all of us to come together.”

“It’s time for us today to be gracious,” said Emmer. “The next governor of Minnesota will be Mark Dayton.”

At his home in Delano this morning, Republican Tom Emmer is expected to concede the governor’s race. An unfavorable Minnesota Supreme Court opinion released Tuesday as well as a new poll showing a vast majority of voters want him to concede preceded the announcement.But more insurmountable for Emmer is the math: The State Canvassing Board will meet Wednesday morning to go over challenged ballots, but that number has shrunk to 181, far short of the approximately 9,000 Emmer would need to overcome Mark Dayton and win the governor’s mansion.

According to the Associated Press, Emmer will concede the governor’s race at 10:30 am Wednesday from his home in Delano.

Before Thanksgiving the Emmer team argued that all of Minnesota’s 87 counties must reconcile their ballot counts with precinct rosters rather than the standard set since 1982 of counting ballot receipts.

The Minnesota Supreme Court rejected that argument in late-November and released their opinion on the matter on Tuesday, shutting down an important legal angle for Emmer.

The justices wrote:

Because Minn. Stat. §§ 204C.20, subd. 1, and 206.86, subd. 1 (2008), use obsolete language that does not include the terms “polling place roster” or “voter’s receipts,” they do not unambiguously require local election officials to determine the number of ballots to be counted based only on the number of signatures on the polling place roster or prohibit reliance on the number of voter’s receipts.
Construing the legislative intent of the ambiguous language in Minn. Stat. §§ 204C.20, subd. 1, and 206.86, subd. 1, based on the purpose to be achieved by the statutes, the language of current and former statutes on the subject, and the longstanding administrative interpretation of the statutes, it is clear that the Legislature intended to permit reliance on either signatures on polling place rosters or voter’s receipts to determine the number of ballots to be counted.

The opposition took the court opinion as a clarion call for Emmer to concede. “It’s time to read the tea leaves: the party’s over,” said DFL Rep. Ryan Winkler of Golden Valley. “Today’s Supreme Court ruling leaves only 181 contested ballots in front of the state canvassing board, and an impossible 8,500 vote gap between Tom Emmer and the Governor’s Office.”

Winkler’s argument was boosted by a Public Policy Polling survey released on Tuesday that found a majority of Minnesotans agreeing Emmer should concede. Only 22 percent said he should continue the fight, with 68 percent saying it’s time for a concession speech.

Also on Tuesday, Emmer withdrew more ballot challenges; the count now stands at 90 challenges by Emmer and 91 challenges by Dayton. About 30 of Emmer’s challenges are considered frivolous after the campaign dropped more than 2,000 others over the last four days.

As Emmer considers his concession on Wednesday morning, the margin in the race is around 9,000 votes.

Republican gubernatorial candidate Tom Emmer withdrew 2,580 ballot challenges over the weekend after the State Canvassing Board gave the go-ahead for the campaigns to evaluate those frivolous ballots. In the end, the Emmer team narrowed the number of frivolous challenges that it will send to the board to just 24. Meanwhile, as the recount process draws to a close, CNN has become the first media outlet to call the race for DFLer Mark Dayton.

“The fact that we withdrew a large number of challenges doesn’t mean that we necessarily agree that these were frivolous challenges,” Emmer’s attorney Eric Magnuson told reporters on Saturday. “They’re simply challenges that we didn’t think would prevail in front of the canvassing board.”

He said, “What we are trying to do is make sure that the count is accurate. Once we figure out exactly what the ballot count is, then [Rep. Emmer] will be able to make some choices as to where it goes from there.”

On the Dayton side, attorney Charlie Nauen told reporters at a Saturday press conference, “We found out what we really knew going in: That virtually all of these challenges are indeed frivolous.”

He said the number of ballots selected by Emmer’s team to go forward — 24 — represented “less than one percent of the ballots that had been challenged over the last five days.”

“There were many opportunities for the Emmer team to do what they did today,” he said. “In other words, look at the ballots and make the decision that these were frivolous.”

He added that Dayton has a 9,000-vote lead over Emmer. “The recount is over. There’s no doubt that come the 14th that lead will be a substantial lead. The numbers speak for themselves.”

CNN seemed to agree with Nauen. On Saturday, it called the race for Dayton. Emmer has not conceded the race, and will likely not do so until the vote tally is certified by the State Canvassing Board on Dec. 14.

By Thursday evening, 93 percent of ballots had been counted in the Minnesota gubernatorial recount, but the State Canvassing Board will meet on Friday to deal with thousands of frivolous ballot challenges made by the team of Republican Tom Emmer, whose lawyer said the number could reach 8,700 by 2 pm today. Dayton’s team withdrew all its frivolous challenges and in a letter to the canvassing board chastised Emmer.Emmer’s frivolous challenges are included in the recount total unlike legitimate challenges, which are set aside for review by the canvassing board.

Meanwhile, the Dayton team announced on Thursday that it is rescinding all frivolous challenges, 42 in all. And in a letter to the canvassing board by Dayton attorney Marc Elias, the campaign accused the Emmer camp of trying to disrupt the recount process.

“This pattern of frivolous challenges by the Emmer campaign is inconsistent with Minnesota law,” wrote Elias. “It is disrespectful of the process and of thousand of Minnesota voters. I respectfully ask the Board to put an end to this irresponsible conduct, bring the recount to an orderly conclusion, and certify the results of this election.”

But on Thursday the Emmer team ramped up its efforts to frivolously challenge ballots. A reporter asked Emmer lawyer Tony Trimble if the canvassing board should look at a small number of ballots even if they didn’t have the 8,770 is would take to overcome DFLer Mark Dayton’s lead.  Trimble said they would get there. The UpTake has video of Trimble’s statements to the press on Thursday.

“The canvassing board would obviously perform its role,” he said. “There will be a large number of ballots. It’s too early to predict how many there will be, but I’m quite confident we’ll have a significant number of ballots, more than the number to make this a substantive review by the canvassing board.”

A reporter asked, “Did you just predict that the canvassing board would get more than 8,770 challenges?”

Trimble replied, “That would be my prediction, of course. That’s why we’re here.”

Another reporter asked, “That means the pace of challenges is going to have pick up significantly.”

“That could happen,” Trimble replied.

He added that politics play a role in the recount process. “Let’s be frank: This is also a political process. So, there’s going to be some of that gamesmanship around. Just like a campaign is a political process. This is an extension of that. It’s for the seating of a governor. So there will be huge emotions, huge efforts expended on each side. Let’s let it play out fairly, cleanly, above board and then we can make decisions.”

Tony Sutton, chair of the Republican Party of Minnesota, told the Star Tribune that the party disagrees with the Dayton letter. “We not doing anything but exercising our right to make sure people are enfranchised, to make sure every vote counts,” Sutton said. “I’m dismayed that Mr. Elias would want to keep every vote from counting. That’s not Minnesota way.”

Elias-Letter –

By the end of the first day of the recount in Minnesota’s gubernatorial race, DFLer Mark Dayton picked up 20 votes while Republican Tom Emmer lost four after less than half of ballots were recounted Monday. The Emmer team launched an aggressive campaign to challenge ballots, although many challenges were rejected as “frivolous” by election officials. The recount was not without humor, though, as some voters made some interesting write-in choices. One voter, for instance, wrote in “Who farted?” for Ramsey County Sheriff — sure to be the recount’s version of the infamous 2008 write-in candidate “Lizard People.”

The Secretary of State‘s current total in the race shows Dayton leading Emmer by 8,794 votes after the 44.65 percent of ballots have been recounted.

Emmer released a statement yesterday praising elections officials, but made no prediction on his prospects after the first day.

“First, we all need to take a moment to thank the thousands of Minnesotans, from both sides of the aisle and the nonpartisan election officials, who have taken time from their busy lives to partake in the ultimate show of civic engagement,” Emmer said. “At the day’s conclusion, Minnesotans should be proud of the open and transparent recount process on display. Minnesota deserves election integrity. We are committed to ensuring the law is followed so voters will never have to question the value of their vote.”

At a Dayton campaign press conference Monday afternoon campaign spokesman Ken Martin said, “We want there to be no doubt that who ever is the next governor of this state is viewed as the legitimate governor. That means that we can’t short-change this process during the next week to two weeks.”

Dayton’s campaign challenged far fewer ballots than Emmer’s:  86 versus 281. Those numbers do not include challenges deemed frivolous by election judges.

“We’re not in the same position as Tom Emmer,” Martin said Monday. “We don’t need to go out and challenge every ballot. What we need to do is sit back and make sure we’re advocates for Mark Dayton, that we respect this process. We don’t need to go out there and make up ground and try to challenge every ballot.”

In Renville County, Emmer challenged 423 ballots, but only one was allowed to go forward. The remaining 422 ballots are included in the recount total but have been put into a separate pile for evaluation by the state canvassing board. If the board rules those challenges to be substantiated, they will be taken out of the recount total.

A moment of levity came when Team Emmer challenged a ballot where a voter wrote in “Who farted?” for Ramsey County Sheriff, an echo of the 2008 recount’s write-in’s for candidates like “Lizard People,” the “Flying Spaghetti Monster,” and “Nickel Bag.”

Some ballots were challenged by Emmer because voters didn’t completely fill in the circle next to a candidate’s name while in other other cases the campaign argued that ballots should be counted when multiple gubernatorial candidates were marked by voters.

The Dayton campaign released several examples of Emmer challenges that were deemed frivolous by election judges on Monday (via TheUptake):

12-Examples-Emmer-Frivolous-Hennepin-11-29-10

A rally for Republican gubernatorial candidate Tom Emmer at a Lake Street Mexican restaurant was canceled on Thursday after pressure from members of Minnesota’s Latino community and supporters. The rally, to be held at a popular Lake Street restaurant, was canceled after the owner was told the event was for Emmer. He told Spanish-language radio station La Invasora 1400 that the organizers failed to tell him it was a political rally.

Oscar Reyes, owner of the Los Mojarras Restaurant, said that the rally was set up by Rich Aguilar, who did not tell him it was a rally for Emmer. Aguilar, a Republican activisit, is a member of the Metropolitan Council who was appointed by Gov. Tim Pawlenty. He did not respond to a weekend request for comment.

Calling the move “cínico” (cynical), radio host Alberto Monserrate said, “In all of the organizing I’ve observed, those setting up events let businesses know that it’s a campaign-related event because of the potential for customer disapproval. Those organizing this rally appear to have sought a meeting in the Latino community, but failed to tell the Latino small business owner that this event was for Emmer.”

The Republican Party of Minnesota sent out an email to its members on Oct. 19 alerting them to a “rally with gubernatorial candidate Tom Emmer in Minneapolis.” By Thursday, the event had been canceled. An email alert to members didn’t explain the cancellation or the controversy surrounding it: “The Tom Emmer event that was originally planned for Saturday morning in Minneapolis has been CANCELLED,” the email said.

According to a press release, Reyes said learned that it was an Emmer rally after “community organizers and activists” made hay out of the planned event on Twitter and Facebook.

On La Invasora, Reyes and Monserrate noted that some of Emmer’s policies are not in line with mainstream Latino voters.

Emmer made headlines earlier this year when he said that Arizona’s SB1070 was a “wonderful first step.” He has also called for making English Minnesota’s official language.

The interview with Oscar Reyes is available here.

Former Gov. Jesse Ventura told the Pioneer Press Friday that he backs Independence Party candidate Tom Horner for governor. Horner has secured the endorsements of three of the five living governors, including former Republicans Arne Carlson and Al Quie. Gov. Tim Pawlenty is backing Republican Tom Emmer, while former DFL governor Wendell Anderson hasn’t yet announced his support for a candidate. Ventura was the first and only Independence Party candidate to win the governor’s election.

“I urge people — if they truly want change, it’s in their power — shock the world again. Vote Tom Horner in as governor,” Ventura told the Pioneer Press.

“That will have a much bigger effect than electing a Democrat or Republican. If you elect a Democrat or Republican, you’re just going along with the status quo, business as usual,” Ventura said.

According to the St. Paul paper, the Horner campaign didn’t know the endorsement was coming.

Former Gov. Al Quie, a Republican, told reporters on Thursday that he’s backing Independence Party candidate Tom Horner for governor. Quie is the second former Republican governor to back Horner; the first is former Gov. Arne Carlson. The only other living Republican governor in Minnesota, Gov. Tim Pawlenty, announced on Thursday that he’d be campaigning for Republican Tom Emmer in the waning weeks before the election.

“As I look at the candidates for governor, I look at their solutions and I come down on the side of Tom Horner,” Quie said in a statement on Thursday. “A governor must be a person who can look into the future and make tough decisions.”

He told Minnesota Public Radio that he expects to be labeled a Republican-in-name-only (RINO).

“If a person who votes for a Republican who is now running as an Independent and if that makes him a RINO (Republican In Name Only), I plead guilty. What I tell all of the candidates in the Republican Party is that you’re not electing the Republican Party, you’re electing a person.”