Norm Coleman's Lawsuit Could Harm Image

Norm Coleman's decision to file a suit contesting Al Franken's 225-vote recount "win" in Minnesota is interesting to me, inasmuch as it could result in his remaining in the senate -- or in his being viewed as a "sore loser"

Former Republican governor Arne Carlson agrees, saying today:

"I think there will be a tremendous amount of public anger, I think it will hurt his reputation," Carlson said. "I think he's got to get on with his life. .. At some point you've got to recognize, it is over."

Just as many PR experts advice their clients not to file defamation suits (the bad PR often doesn't compensate for the monetary award one might gain), many campaign experts advise candidates not to contest election results -- even if the election was stolen. (Interestingly, Coleman did sue Franken for defamation, so I suppose this suit is not terribly surprising.)

For those of us who believe in fighting for what is right, allowing an election to be stolen is a bitter pill to swallow -- especially when you consider the stakes involved. But sadly, the public often does not reward such behavior. Now, I am not suggesting Coleman is unwise to pursue a legal strategy, however, as I've written before, fair or not, failure to concede can sometimes backfire.

A classic example of this occurred in 1994, when Maryland gubernatorial candidate Ellen Sauerbrey contested her narrow defeat until three days before her opponent was inaugurated. Though the election was probably stolen from her, according to a Washington Post poll, many voters held it against her when she ran again in '98:

"One-third of likely voters polled by The Washington Post recently said they thought Sauerbrey did not conduct herself well in the 1994 election, and even some of her supporters say her failure to concede earlier represented a lapse that has burdened this year's campaign."

Saurbrey is not the only modern-day candidate to have suffered this fate. After a bitter recount, Dino Rossi narrowly lost his 2004 bid for governor of Washington state by 133 votes. Rossi sued King County's election department (where voting irregularities occurred), but a hearing ruled there was not enough evidence to overturn the election. Four years later, Rossi re-matched Gov. Gregoire, and though his showing was respectable, he still lost, garnering just 47 percent of the vote.

... And though Al Gore seems to have rehabilitated his image, we all remember the "Sore Loserman" signs from the 2000 presidential election.

Of course, a graceful concession can actually boost a candidate's future career.

Sen. John Thune (R-SD) is a classic example of how bowing out gracefully can benefit a candidate. In 2002, he lost a close election to Sen. Tim Johnson (there were many improprieties). Thune didn't challenge the results, and went on to defeat Sen. Tom Daschle, just two years later (reputation intact). This probably would not have happened if Thune had contested the results.

Another classic examples is Richard Nixon's presidential loss in 1960 (many historians believe votes were stolen in places like West Virginia and Texas). Nixon exited gracefully, and was elected president in 1968.

And in one of the oddest reversals of fortune, in 2000, Sen. John Ashcroft, likewise, did not challenge the Constitutionality of being defeated by a dead man. He went on to be appointed U.S. Attorney General.

This is not to say that Coleman shouldn't fight for this seat (to be sure, Coleman has some legitimate concerns regarding the way the recount went down -- particularly the fact that some Franken votes appear to have been counted twice) -- but rather to say that voters often do not reward such behavior.

Right now, the legal-wrangling does not seem to have created any sort of public backlash, but his team should be closely monitoring public opinion. Even if he were to lose, Coleman's future could be bright -- assuming he goes out gracefully. Some have already floated the idea that Coleman could serve as RNC chairman.

In politics, as in theater, knowing when to exit the stage is an important skill to possess...