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

[violimo]

While its only a shaky 47 votes ahead Coleman will keep humping the frivolous lawsuit leg. in order to keep Senator Franken representing Mn. for as long as it takes.

[gifu]

He is so bad in this Grateful Dead video from 1980 I am watching. Him and Tom Davis just hamming and cheesing like no body's business between sets.

[Indubio]

And this has what to do with the Senate race? Have you seen Franken and Davis in Trading Places? If not watch the movie. The two of them are pretty funny. Franken was always a better writer than actor anyway...at least in my opinion!

[YellowPanties]

Maybe it's not Franken & Davis who is bad, but maybe it's the Grateful Dead, you hippie! ;)

[apoliticalchick]

Franken wins...sort of. How long you think it takes them to sort it all out?
http://democralypsenow.blogspot.com/

[PublicusOrator]

Senator Klobuchar, should resign, no one this lacking in basic civics knowledge should be a senator. Until a seated elected public official has lost an election, all recounts, and legal appeals he/she is senator. Where do they find these losers. Scarey as to how she decides to vote on a question(s).

[MuchMadness]

Senator Coleman's term expires at noon on January 3. After that, he will no longer be a U.S. senator unless the senate determines that he has been re-elected. Right now it looks like it will be Senator Franken in the 111th Congress.

[diogeron]

PublicusOrator needs to take a grammar class, or at least learn punctuation. To quote Cicero, "style begets substance, substance begets style. The two are inseparable."

[JhNyc]

No one suggested ousting Coleman until his current term is up, which is fast upon us. Surely you aren't proposing he remain after that if the canvassing board certifies a win for Franken. Or are you??

[Shrank]

Just throw a bucket of water on Coleman. He'll melt.

[JHancock]

Nice chuckle of the day. thanks.

[MuchMadness]

Minnesota needs to hurry up and certify Franken the winner. Senators Hagan (D-NC) and Warner(D-VA) need another new Democratic colleague. Southern Democrats are tired of Northerners continually electing anti-progressive candidates like Coleman. You are so backwards and unenlightened!

[shockmagog]

Yes, but if you throw a bucket of water on Coleman, he'll still melt.

[RationalityWins]

After all, he's good enough, he's smart enough, and doggone it, people like him.

[jazzybo]

Al Franken will be a thorn in the side of the Republicans! Your seat awaits you Senator Franken :)

[merger]

Oh God!!

[me again]

Coleman will most likely be indicted shortly after the Senate begins the session. Time for Senator Choppers to stay home.

[erincnyc]

Since Coleman was the last occupant of that seat, does he get to sit there until there is a winner declared?

[NeoLiberal]

He is still the Senator until his term expires on January 3, 2009.

[erincnyc]

Clearly, Coleman should just concede his loss. I mean, that's what he suggested when the votes looked to be on his side.

[Tom95134]

I don't think Sen. Klobuchar knows what she is talking about.

As far as I know, once someone is seated by vote of the Senate they cannot be forced to give up their seat. If fact, they may have to be recalled by vote of the people. Much of this process is dependent on the laws within the State. Remember, the United States is a Republic and the laws for election to the U.S. Senate differ slightly from State to State.

I'm almost sure that once a person is seated they must resign. The process is crafted this way to keep political influence at a minimum should the elected Senator be at odds with the State Governor. Once the person resigns either the state Governor appoints a replacement, the legislature appoints a replacement or a special election is held.

[gevan]

Each house of Congress has the authority to determine who should be seated as members. They could seat someone who carries a certificate of election and possibly unseat them pursuant to a challange. A very rare occurence for sure.

[Mutande]

Not only do I think Al will make a wonderful and decent Senator, I can't wait to hear his commentary about his win. My guess it'll be amazing, amusing and of good will -- three ingredients that Coleman could never serve up.

[edwarvir]

The saying by the skin of his teeth has a
new meaning. I wish Franken luck.

[stormy7]

Alright Amy Klobuchar ! It's about time someone from the Minnesota Senate said something. Let's get Al seated in Washington representing Minnesota. We have work to do.

[MNmommy]

Senator Klobuchar is from the U.S. Senate not the MN Senate.

[erincnyc]

United States Senate?