Smith also chose to follow in the footsteps of his party's nominee by running ads about his independence. Stopping short of declaring himself a maverick, Smith ran multiple ads with prominent Democrats, like Senator Ted Kennedy and even Democratic presidential nominee Barack Obama. The Democrats focused on rebutting the claims of independence from the beginning.

Former Vice President Al Gore, Senator Russ Feingold, Senator Ron Wyden, and even Obama stepped into the campaign to help unseat Smith. Smith's attempt to be perceived independent from his national party prevented much help from the leadership. Instead, Smith used RNC financing to produce a number of his television spots.

The public backlash of the overly negative campaigning may have hurt both parties, but Smith has suffered the most from it. Smith and the Republican party recently released a mailer about Constitution Party candidate Dave Brownlow, calling him "too liberal." Unfortunately for Smith, that mailer also backfired, leaving him facing two opponents claiming "untruths" in his ads.

In a press release response,  Brownlow said, "To be called a `liberal' by one of the biggest spending oath-breakers in the U.S Senate is a rare gift. During Gordon Smith's failed tenure, the federal budget and debt nearly doubled. The banker buddy/auto maker/Wall Street bailouts he supported were the equivalent of economic terrorism launched against the American people. In just the last six months, Gordon has voted to approve dozens of unconstitutional spending bills totalling over $2 trillion that disqualify him from ever serving again in the U.S. Senate. By every indication, Gordon Smith has never even read the Constitution he swore an oath to defend."

The goal for Jeff Merkley was to convince voters that Gordon Smith was not a good partner for Senator Ron Wyden in Washington.

Updated as of 10:21 p.m. (41% precincts)
Jeff Merkley 48%
Gordon Smith 47%

KPTV FOX 12 is now calling the election for Jeff Merkley. Neither KATU or CNN are calling the race. KPTV says that yet-uncounted ballots in Multnomah County will put Merkley over the top.

However, Gordon Smith has not conceded. In a speech given at 11 p.m., he made it clear he believes that a winner will not be clear tonight.

Shortly after Smith's speech, Jeff Merkley took the stage. During his "thank you" speech, he agreed that the winner will not be chosen tonight.