May 11, 2009 5:51 pm US/Central
Franken Asks Court To Order Certificate Promptly
ST. PAUL (AP) ―
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As part of his filing, Franken wants justices to direct Republican Gov. Tim Pawlenty to sign an election certificate promptly even if the case gets appealed to the U.S. Supreme Court. (Franken, File)
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Democrat Al Franken has made a request of his own to the Minnesota Supreme Court: Force officials to issue a Senate election certificate quickly.
On Monday, Franken filed his formal response to Republican Norm Coleman's election appeal. Franken's lawyers lay out why they believe their client is the rightful winner of the drawn-out race for a seat that would give Democrats a 60th vote, the threshold for breaking filibusters.
Coleman is fighting a lower-court ruling that left him 312 votes short of Franken. The former senator argues that he could turn the tide if thousands of rejected absentee ballots are deemed eligible by the Supreme Court.
As part of the Franken filing, his lawyers ask justices to direct Republican Gov. Tim Pawlenty to sign an election certificate promptly even if the case is appealed to the U.S. Supreme Court. Without a certificate, neither man can take office.
"For over four months, the citizens of Minnesota have been represented by only one United States Senator, and the effects of this delay are increasingly significant," the Franken lawyers wrote.
They said the justices need to make clear that the election contest officially ends with their ruling. Coleman hasn't ruled out seeking review by the U.S. Supreme Court or initiating a new federal case -- options Republican leaders are encouraging him to pursue.
Pawlenty has said he will await direction from the courts, and could hold off if federal action is commenced. The law allowing for an election lawsuit said a certificate is due once state courts have weighed in.
The certificate originates with Pawlenty but also must be signed by Secretary of State Mark Ritchie, a Democrat.
The high court hears oral arguments on June 1, almost seven months after Election Day. Coleman has until this Friday to file a second brief with the court.
A Coleman spokesman declined to comment on the Franken filing.
Coleman hopes the court will send the case back to trial judges with instructions to count thousands more ballots from Republican-leaning precincts. He argues that the ballots were unfairly rejected because some local officials applied state law more strictly than others.
Franken's brief seeks to knock down the notion that voters' constitutional protections were infringed upon.
The brief said the famous Bush v. Gore election ruling -- a key component of Coleman's case -- was limited in its reach. The filing also said a successful challenge would require a demonstration of intentional or arbitrary discrimination by local election officials. Those officials, the Franken lawyers said, reasonably used local interpretations of the same statewide rules.
To that end, they wrote "the Equal Protection Clause does not invalidate elections based on minor variations. This principle is both commonsensical and well-established."
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Franken met with Vice President Joe Biden last week. The two discussed the recount, but also policy goals.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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