No, as I stated, there is no clear attempt to fill in the ballot, that's all. The person may have checked it off as intending to vote for Franken, but, if they don't mark the box, they didn't really vote. It's possible they forgot to go back and mark the oval.
I would say exactly the same thing if the vote were for Coleman.
Let me ask you this...
Do you really want Al Franken to be a senator?