Franken, If Up In Votes, Should Be Seated Before Legal Battles End: Klobuchar

With concern rising in Minnesota that the state could be without a Senator for the crucial early months of the next Congress, Sen. Amy Klobuchar weighed in with a significant proposal this weekend: seat the unofficial winner until all legal challenges are finalized.

"If the Canvassing Board declares a winner, that should be our senator," said the Minnesota Democrat. Even if a court challenge were to follow, she added, "[The Senate] could seat a senator pending the litigation."

Should Klobuchar's vision bear out, it would likely result in Al Franken taking over the Senate seat on a temporary basis. Democrats would get a 59th caucus member and a potentially important vote on key legislative matters.

The Minnesota canvassing board is set to certify the vote total from the election sometime in early January (a date is not yet official). As it stands know, Franken should emerge ahead in the count by a scant 47 votes. Sen. Norm Coleman would then have seven days to challenge the board's conclusion, a course of action his campaign has said it will almost certainly pursue.

The legal gridlock that would ensue could mean that there is no official Senate winner for weeks, if not much longer. Thirty-four years ago in New Hampshire, a similar situation took place, and the state was short a representative in the Senate for ten months.

At this point, there seems to be little political will from the Governor's office to resolve the problem. Republican Tim Pawlenty's office has said he only has the authority to appoint a replacement in the case of a permanent vacancy. So Klobuchar's statement, reported by the Minneapolis Star Tribune, carries particular weight.

There is, moreover, historical precedent for seating Franken on a temporary basis. In 1996, Mary Landrieu won the Louisiana Senate seat in a hotly contested race. But her opponent, State Representative Woody Jenkins, alleged that massive election fraud had contributed to his defeat. The Republican-controlled U.S. Senate agreed to look into the charges but allowed Landrieu to serve in the interim, pending investigation. The Rules Committee ultimately discovered that Jenkins had coached and paid witnesses to testify, thus discrediting his complaints of corruption and securing Landrieu's place in the Senate.

Comments

[Coattails]

Actually, it looks now like Franken might have taken a gamble. He wanted about 1600 absentee ballots that were somehow improperly rejected because the information on the envelopes they were sent on was not filled out accurately enough to be counted on election day. Franken challenged that when he was behind and won the challenge for them to be opened.

Franken squeaked by on like the last day of the canvassing board (which has 5 members, but the tie-breaker is the Democratic Secretary of State who endorsed Franken).

Anyhow, Franken wanted those absentee ballots counted when he wasn't in the lead, and now that he is, he could have taken a gamble and lose it due to those 1600 ballots that haven't even been opened yet.

It isn't over, and likely won't be for a couple weeks.

[Yvan]

They may not have "counted" them, but don't think they haven't let both camps either photocopy the absentee ballots or paged through them taking notes. Because Coleman is trying to block these absentee ballots, he is already telegraphing exactly what is in them -- they favor Franken.

Franken is the next Senator, celebrate if you are a Democrat, get used to it if you are a Republican.

[digdeeper]

amen!

[toppergem]

Seat Senator Franken and let's move on.

[clovia77]

the fact that coleman does not want all the votes counted should automatically disqualify him form the race anyway. this clearly shows that he is against he idea of winning the race properly. this man is not a good american and really should not be holding public office anyway. good thing he got less votes than franken and will not be a U.S. Senator. the repubs are probably angry that they can't just count the votes that are for coleman. what a shock. they should get joe the plumber on the case to really explain what is going on.

[manicore]

It is nice to have Amy Klobuchar finally speak up about something for once!
That is more than i can say about Betty McCollum who has done nothing
for our State.

[Yvan]

First remember that you are unfairly comparing apples and oranges. One is a Senator for the whole state, the other a Representative who by definition represents her district.

I have personally appealed to both of these elected officials in the past for help with issues.

Amy Klobuchar is a fine Democrat, but more of a centrist. Of the two, Betty McCollum is the more supportive of the true left wing in Minnesota. I

[MuchMadness]

The latest news today is that the candidates' lawyers are still wrangling about which of the "improperly rejected" ballots should be counted. The MN Supreme Court has refused to make a ruling on that issue until at least December 31, if then. The court is in fantasy land, hoping that the candidates will come to their own agreement. The MN Secretary of State says that it does not matter when the final results are certified. The press says it may be weeks or months before the matter is resolved. The MN legislature has shown no signs of stepping in.

[Hugh-Gee]

I'm reading Franken's book, *Li.e.s and the Ly.in.g Li.a.rs Who Tell Them: A Fair and Balanced Look at The Right*. Chapter 25 describes the death of Paul Wellstone in the height of the 2002 election, his memorial service, and the description of that event by ri.ght-wing opinion-mongers as a partisan political event. "Disgusting," they called it. The rig.ht-win.g's use of Wellstone' s death for partisan political purposes, which fed the Conventional Wisdom in the Mainstream Media, may have tilted the balance in that close election.

He detailed what really happened, and showed how the attacks on the event were l.i.e-s and/or distortions.

It was clear from the chapter that Franken respected, even loved, Paul Wellstone, and he was angry and saddened by the cheapening of his legacy by Republican operatives.

I'm sure that he sees this campaign as some small measure of compensation for the wrong that was done six years ago. I picture him, every time he reflects on his apparent victory, silently saying, "This one's for you, Paul."

[Rightone11]

"Cheapening of Wellstone's legacy"? Come on. Wellstone and the dems did that. Do not try and poin that on the republicans.

[jbeach]

I get that you're a Republican partisan. That's fine. But did you actually read the above comment? He's referring to how Wellstone's funeral, a genuine nonpartisan memorial, was shamelessly cherry-picked and twisted by hacks of a Republican persuasion.

Democrats may do the same thing - although I have yet to see a case of them behaving this awfully and classlessly after a funeral. But in this case, it was definitely Republicans. Whether or not you like that fact.

[Coattails]

NO, it was a big scandal here in MN.

Wellstone's death was a tragedy, he was very well liked by most people.

However, his funeral was turned into a political rally, and the fact that the partisan Democrats booed Republican's who attended and were actual friends of Wellstone ticked a lot of people off.

That is why the Independent Governor of MN at the time actually walked out of that funeral because of how disgraceful it became.

If you bought Franken's book, you wasted 15 bucks (or whatever you spent).

[digdeeper]

good on ya Franken. Get that old butt firmly glued to the senate seat.

[dandypuddin]

So, if Franken wins the RECOUNT, then Coleman will sue. Gee, what a surprise.

[Rightone11]

And vice-versa~

[Microstation7]

Funny how it's ok if Coleman wins then Franken sues, libtwits are ok with that.
Typical hypocrites.

[Hugh-Gee]

I've recently been reading Franken's book, *Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at The Right*.

Chapter 25 deals with the death of Senator Paul Wellstone, his funeral service, and the efforts by right-wing operatives to paint the memorial service as a political event, "disgusting"ly orchestrated by the Democrats to use the tragedy for partisan political purposes. He lays out several lies and half-truths that the right-wing got inserted into the mainstream media. That blatantly partisan effort may well have tipped the balance in that close election, giving the seat to Coleman.

It's clear from that writing that Franken respected and loved Wellstone, and he was saddened and disgusted by the Republican tactics. I'm sure that he sees this apparently successful election as partially righting the wrong that was done to Wellstone's legacy. I'm even more certain that, as he reflects on the process and his apparent election, he's thinking, "This one's for you, Paul."

[bygollymissmolly]

The Senate should seat whomever is declared the winner. Filing a frivolous lawsuit SHOULD NOT be grounds for not seating a Senator. If that precedent was allowed to pass, just imagine what would happen in future Senate races.

[Sundialsvc4]

The Constitution simply says that The States shall appoint their representatives in the two Houses of Congress. It does not say how or when they must do so. (Interestingly, the Constitution does not stipulate that a popular vote must be taken, or if it is taken, that it must be obeyed.)

It would, however, behoove the State of Minnesota to make up its mind in a timely manner. Choose someone.

[mookworthjwilson]

The 17th Amendment calls for popular election of US Senators and for th power of a state's governor to make an appointment in the case of a vacancy. http://en.wikipedia.org/wiki/Seventeenth_Amendment_to_the_United_States_Constitution

[Jetling]

Since when did Republicans read the Constitution?

[loki50]

The power is subject to the law ofthe state. If state lawrequires a special election, there is no power of appointment as is made clear in the text of Amendment 17.

[lylo]

More than just the US Consitution comes in to play here.
Every state has its own election laws, and they are really what comes in to play in a state election.

[jbeach]

Which according to the current system, would be the person with the most votes.

Therefore, Franken. Coleman's only recourse should be to demand that all the votes be counted - but I expect that Coleman suspects that will make him lose even more.

[loki50]

Article 2 of the constitution states that members of the House must be elected by the people and that qualification to be an elector (i.e. voter) must be that for the most populous chamber of the state legislator.

Amendment 17 (adopted in 1913) calls for the direct election of Senators, by popular vote with the same qualification to be an elector.

I would note that the Senate can choose to seat an acting member (as it did in the case of Mary Landrieu of Louisiana) or to expell or not seat an elected member. (as it would have in the case of Sen. Stevens).

[nofltwlt]

Norm Coleman should call an end to this and concede to Franken so he can devote his time and effort on staying out of jail.

[Witchitalineman]

I agree.

[doubtingdavid]

And then we can all get on with the business of seeing that Al is not only a horrible comedian but a terrible joke as a Senator! Al go back to ruining SNL and leave Minnesota alone. They have enough problems as it is without you adding to them. LOL!!!

[rockyb26]

agreed

[sueinmn]

Palenty probably would not appoint a Dem even if he could. Palenty may be the next GOP nominee for pres, he will not step on toes of the GOP. I cannot wait to vote Palenty out of office!!! Down with ALL GOPs they have shown their colors and they are not red white and blue!

[dmacgregor]

When the initial original voting results had Coleman up by over 200 votes he famously suggested that Franken should just concede. It's be kind of funny if Franken would quote colemean's words in a press conference!

[beanchihuahua]

Kind of like when HRC told PE Obama she could be his running mate, even though she was behind?

[TreadingWater]

Don't you mean HRC told Obama that he could be her VP? The way you phrased it seems to imply that HRC offered herself as the VP.

[bobh]

Why doesn't Reid just say that the Senate will tolerate no Bush v. Gore shenanigans that might swing things to Coleman.

[TimmySlagle]

Sigh.

Bush won all the recounts. The "shenanigans" were all on the part of Gore, who tried to steal the election.

In this case, it would seem that Franken is getting away with the theft.

[dwilkerson]

LOL. While I agree Bush won Florida in 2000, anyone saying that Franken has "stole" this election is in deep, pitiful denial. The recount has been a model of transparency, efficiency, and fairness. It just so happens that Coleman is going to lose (albeit narrowly). Sorry, be a man and suck it up. You can't expect to win them all.

[hortonhearsawho2]

keep debating that for the next eight years...

[Stoyver]

Gee Timmy the public record shows that the recount was halted by the US Supreme Court. You may not know this Tim, but that "GD Piece of Paper", The Constitution, specifically assigns polling responsibility to the states. The recount should have continued. Fox News is terribly innaccurate in its coverage of important events.

[USBrit]

Timmy, to quote some Republican hero friends of mine of 2000, y'all lost, get over it.

[ChristianEcon.com]

Sigh. Another faith-based Republican.

[hortonhearsawho2]

Egads, then he goes off and does something Unofficial, whatever would we do...

[hortonhearsawho2]

Soneone get some damn batteries for that calculator, please.

[shanghaislim]

They broke a bead on the Abacus more like?

[hortonhearsawho2]

When your right, your right.