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

[helenwheels]

Anyone know if Mar!lyn Musgrave has conceded yet?

[LeeCalif]

eh eh eh. Haven't heard anything new.

[brendanm]

I'm sure that a class act like Musgrave conceded in the most gracious and magnanimous manner, and that she is just too humble to respond to press inquiries and admit it.

[helenwheels]

LOL!!!

[iwantpie]

In the General Election on November 4, 2008, Democratic challenger Betsy Markey defeated Musgrave in her bid to win a fourth term by a 56 to 44 percent margin.[1] After her defeat, Musgrave didn't make any public appearances and did not concede her defeat or thank her staff until December, 2008.[2] Her concession came in the form of a robocall on December 1, 2008 to Georgia voters on behalf of Sen. Saxby Chambliss in which Musgrave blamed her defeat on "leftist special interests" and "vicious attacks and lies".[3] According to Markey, no personal concession call has been received. On December 13, Musgrave thanked her supporters in a newspaper editorial.[4]

[helenwheels]

Whoa, talk about b!tter and delusional.

Thanks for the update!!!

[RickCoMatic]

OK!
Now, we're getting somewhere.
I Second the Motion of Sen. Amy Klobuchar's proposal, this weekend: Seat the unofficial winner until all legal challenges are finalized."
Seconded.
If hers was not a Motion, then, "I move to Seat the unofficial winner until all challenges are ruled upon and the outcome of the Recount for Senate made Final". (Sunday, December 28, 2008 -- 7:08PM EST).
Richard E. Massey for the People of the United States of America.

Mr. Massey's Motion for the People is: "To Seat the unofficial winner until all challenges are ruled upon and the outcome of the Recount for Senate made Final".

Seconds; discussion?

[MuchMadness]

All the states are having too many problems conducting elections. Extremely long lines at the polls, missing ballots, confusion, legal challenges, voters being wrongly disenfranchised, etc.

We urgently need election reform.

[LeeCalif]

Well, if the dems don't accomplish this, vote the third party candidate next election.

At least let third partiers into the debate.

[lolyla]

Third party candidates have tended to take votes away from otherwise viable Democrat candidates. Ralph Nader played a significant role in taking the presidency from Gore in 2000. Ross Perot, and even Lyndon LaRouche all took votes from the Democrats. Until a true third party with documented position statements covering a wide range of issues can be evaluated, a third party candidate will likely only hinder elections.

[rabiddog6708]

Coleman will lose, but he can not be gracious and bow out......needs to save all his energy for his future legal troubles, which are currently in the investigation mode and will probably be in the prosecution mode before too long.

[MuchMadness]

Does Minnesota have a state income tax? Does the government expect Minnesotans to pay it on time, or just whenever they get around to it?

[MNmommy]

Yes, we have a state income tax.

Unfortunately for you, and your assumptions and assertions, we also have IN PLACE election laws.

If you were from here, and had any kind of legitimate gripe, you'd know that.

Though, because we are from a country that allows for free speech, carry on with your nonsense.

[MNValley]

I believe they are referring to: "No Taxation without Representation"

[judesedit]

Put Franken in. If the final tally shows that Coleman actually won, I'm sure Franken will bow out gracefully. That's what should have happened with Bush, until ALL of the votes were counted, and Gore could take his rightful seat. If it had been done legally, we would not be in this mess right now. I wonder if there ever was an election that was on the up and up. 2004 definitely was not. There is plenty of testimony out there by the software riggers. And Blackwell is still around???? Until elections follow the same federal guidelines, using paper ballots in every precinct in every state, sending locked ballot boxes to a central collection site, where each is accounted for before any counting can take place with plenty of witnesses around, it is not likely to happen. The GA election should now be scrutinized. Chambliss stole the election from Clelland in 2000. That has also been proven. Are we to believe he has gone straight all of a sudden? Highly doubtful. Georgians deserve better than that.

[ADinSC]

Georgians voted for Chambliss the second time around. I'd say they're getting what they deserve.

[Le nombril]

I live in Minnesota. I love Amy Klobachar. I want Franken to win in the worst way because Coleman, to me, is nothing but an empty suit. But I think that is a bad idea. It doesn't pass the smell test. My idea is this: finish the recount in a clear and transparent way, seat whomever has the most votes, end of story. The world is not going to end if Minnesota only has one senator for a short while.

Alternatively, seat Dean Barkley (the third party candidate who served out the rest of Wellstone's term when he was killed in 2002 and was the third place candidate of this election), Walter Mondale, or some other disinterested person to serve until this mess is sorted out. I don't like the idea of the person who is presumably ahead being seated in lieu of the declared winner.

[Harrier]

It's all words and indirect support to try to get a future vote from someone they now believe will win the election. All the law makers know the rules and there is nothing is going to change the process

[emogeddon]

Alternatively, they could just seat Coleman until he sues out another 48 votes.

[VPN]

Or until he gets arrested whichever comes first.

[LeeCalif]

sweet, emo.

[Whinger]

Next time around someone somewhere needs to take steps to ensure this farce can't happen again!

[MNmommy]

What, specifically, is the farce that you speak of?

[proggirl]

You know, due process. It needs to run like a machine, not like something built and run by people, right?
I'm with you, MNmommy. I'm tired of snide posters taking shots at our fine state. Even if the unthinkable happens and Coleman is elected, I can live with it, as the voters have spoken.

[Grunty1]

What farce?

[erincnyc]

A close election? It is true that Coleman getting so many votes is a farce. But a close election is not a farce. And counting the votes is not a farce. Minnesota has a very fair and cognizant process for electing people. It should be a model for other states to emulate. Unfortunately, some joker decided to write in "Lizard People." But you can't blame the whole state for that.

[TKDMike]

They should seat him JUST TO WATCH OREILLY'S head explode.....

[JumpDownTurnAround]

I'd pay BIG bucks to see that! That would be worth it even if the seating would just be temporary! Anything to watch O'Reilly's head explode!

[jeffrey678]

I think Oreilly's head would just spin like a top.

[NealHib]

O'reillly stands to make a ratings bonanza when frankin is declared the winner. Every liberal progressive democrat will tune in to watch his head explode. DO IT LIVE!

[jl4141]

I think steam would shoot out of O'Reilly's ears.

[MuchMadness]

pay per hemorrhage

[JohnFromCensornati]

Doesn't the guy with the most votes get seated anyway?

[MNmommy]

Pretty much.

And as it should be.

We just need to get to a point where we can legitimately declare which *guy* got the most votes.

:)

[lobo1939]

No. There is no final conclusion until Uncle Thomas, Don Scalia, Kennedy and Associates say its so, donju know?

[Merckx]

Unless you're George Bush in 2000 or George Bush in 2004 in Ohio.

[mudshark12]

When the smoke clears and the votes are finally counted I predict that Al wins! Al wins! Al wins!

[RadicalConservative]

Really doesn't matter, Dems still won't have enough to stop a filibuster. And who knows when IL and NY will fill their seats.

[MNmommy]

No one in Minnesota is caught up about filibuster proof majorities; we just want all LEGITIMATE votes counted correctly.

May the candidate with the most LEGITIMATE votes win.

[bubbuh]

You Minnesotans are just too picky sometimes, don'tcha know.

[Badfickle]

I'm pretty sure that would be the Lizard People candidate.

[indypete]

You mean the filibuster that conservatives were whining about when they were busily packing the SCUTUS and demanding an up or down vote? The filibuster that the conservatives wanted to ban because it was so bad for the country?

[frenchie25]

FYI...Sen HR Clinton is still a NY Senator. She will not officially resign her seat until confirmed as Obama's Sect'y of State.

[quiviran]

Wonder if she'll vote for or against?

[MuchMadness]

The Democrats could just grow a spine.

If Obama and the Democrats in congress ever plan to get a good public works (jobs) program passed to rebuild our nation, they will have to learn to press ahead and overcome Republican opposition, either by forcing the Republicans to filibuster until they are blue in the face or by changing the cloture rule so that 51 votes are sufficient to move to a vote on final passage of legislation.

[Morgoth]

The "Nuclear Option" is still on the table.

[texasrodeoqueen]

yeah, if it were up to the Gang Of Phascists , we would still be using horse and buggy and slaves. That is the nature of a conservative.
In fact, social scientists have studied conservatives and here is what they all have in common:
1. great deal of fear and anxiety about the future
2. want to return to an idealized past
3.condone inequality

[rabrophy]

It does matter!
I slipped Al a $20 at a Rally in Mankato and asked him to give Lieberman a wedgie! He didn't say anything but smiled and winked!

[JumpDownTurnAround]

No wonder I saw Lieberman walking like he had a stick up his behind!

Oh wait. He walks like that all the time!

[dems08]

Seat Franken.

He's officially ahead.

http://www.startribune.com/politics/national/senate/

If at some point in the future Coleman successfully challenges Franken, and is named the winner, then he can take Franken's place.

[MNmommy]

There is nothing *official* about the Strib count.

Whomever the Canvassing Board certifies, is the winner - that hasn't taken place YET.

[bubbuh]

True. But, the inportant thing is to properly finish allocating the votes tomorrow and to certify the results.

[MathIsTruth]

I seriously doubt that your suggested solution is workable from a Constitutional viewpoint.

Once Franken is declared the winner of the Senate seat (and officially seated by the Senate), the seat is his for six years. The only way Franken would be unseated would be if he resigned, died or was kicked out of the Senate for being a bad boy. And even then, the governor of Minnesota would be under no obligation to appoint Coleman as the replacement.

So as much as I'm rooting for Franken, I'm rooting harder for the Constitution to be followed. It's a close election and Coleman deserves his day in court, like him or not.