Apr 8, 2009 5:55 pm US/Central
What Happens If Senate Case Goes To Federal Court?
ST. PAUL (WCCO) ―
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On Tuesday, election judges opened and counted more than 300 formerly rejected absentee ballots. In the end, Al Franken extended his lead over Norm Coleman with a total of 312 votes. (File)
Chip Somodevilla & Robin Beck / AFP/Getty Images
The lead in the U.S. Senate race may have changed, but the controversy surrounding it has not. On Tuesday, election judges opened and counted more than 300 formerly rejected absentee ballots. In the end, Al Franken extended his lead over Norm Coleman with a total of 312 votes.
Coleman has already said he will appeal if he loses. Minnesota law says an official winner cannot be declared until Coleman and Franken end their cases in state court.
But there's a sharp disagreement about what happens if Coleman makes a federal case out of the Senate race.
Anticipating a loss, Coleman already said he'll appeal his case to the Minnesota Supreme Court, and possibly beyond to federal court.
Now Republican Minnesota Gov. Tim Pawlenty said a federal appeal could prevent him from signing the official document declaring a winner.
"It will be up to the federal courts, in part, they'll have the option of staying, if it gets to that point, the state court proceedings ... so we'll just have to cross that bridge when we come to it," said Pawlenty.
But that's not the view of Minnesota's top election official, DFLer Mark Ritchie. He said once Minnesota's Supreme Court rules, the election certificate should immediately be issued.
"The Minnesota Supreme Court said in their last order relating to the question of a certificate that it ends at the state court," said Minnesota Secretary of State Ritchie.
In the U.S. Senate, the Coleman-Franken fight is not just any race. Franken represents the 59th potential Democratic vote and Republicans are pulling out all the stops to prevent the 60 votes needed for Democrats to have a filibuster-proof majority.
"It is their only chanced to slow down the Obama and Democratic agendas in Washington. Minnesota is becoming ground zero for a major national battle over control in the Senate in Washington," said political analyst Larry Jacobs.
Pawlenty said his office is researching whether he can sign a certificate of election if Coleman goes to federal court. He has not asked the Democratic Attorney General of Minnesota for an opinion.
That's important because the election certificate originates only from the Minnesota governor and is co-signed by the Secretary of State.
Republican leaders in Washington say Minnesota cannot certify a winner until all federal appeals are exhausted and they understand if it takes years.
In statement, Democrats called on Pawlenty to "make it clear" he will sign Franken's election certificate if Coleman loses in the Minnesota Supreme Court.
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