Al Franken Asks To Take Seat; State Rejects

ST. PAUL, Minn. — Democrat Al Franken was quickly turned down Monday when he asked Minnesota's governor and secretary of state to issue an election certificate that would let him take office in the Senate.

In letters the campaign sent to Republican Gov. Tim Pawlenty and Democratic Secretary of State Mark Ritchie, Franken's lawyers argued that a seven-day waiting period for issuing the certificate after an election has passed and he should get the signed certificate. But the state officials said their hands were tied by state law and they could not act.

Franken led Republican Norm Coleman by 225 votes after a statewide recount that was completed Jan. 5.

Coleman is suing over the result, claiming there were irregularities on Election Day and during the recount.

Minnesota law prevents officials from issuing an election certificate until legal matters are resolved. But Franken's legal team argues that federal election law entitles Franken to receive the certificate before the lawsuit is settled.

"The people of Minnesota are down a senator in the U.S. Senate. This is an opportunity for Governor Pawlenty and Secretary Ritchie to ensure the interests of all Minnesotans are represented in Washington," Franken lawyer Marc Elias told reporters in a conference call. He didn't rule out a lawsuit.

In a statement, Ritchie said state law requires him and the governor to turn down Franken's request.

"Minnesota law is very clear on when a certificate of election can be issued. Neither the governor nor I may sign a certificate of election in the U.S. Senate race until all election contests have reached a final determination," Ritchie's statement read.

The statement didn't specifically address Franken's argument that federal law supercedes the state law.

Pawlenty echoed Ritchie, saying it is clear the law won't allow him to issue a certificate while the race is being contested in court.

Coleman campaign manager Cullen Sheehan dismissed the move as a power play meant to get around Franken's need to defend the election outcome in court.

"He can't and won't be seated in a seat he didn't win, so he is trying this underhanded attempt to blatantly ignore the will of Minnesotans and the laws of the state," Sheehan said.

Franken's campaign was due to file a response to Coleman's lawsuit later Monday. Elias characterized the Coleman action as "riddled with errors that are fatal to much if not all of the claims made in the petition."

By law, a trial on the lawsuit must start within three weeks of its filing, which occurred last Tuesday. It will be heard by a three-judge panel that includes one Republican appointee, one Democratic appointee and one named by an independent governor.

Comments

[QuestionEveryone]

Franken needs a job...no one wants him anymore and wants a lifetime pension...so give it to him.

[AndThenOneDay]

Maybe you can get the moderators to change your name to 'QuestionDemocrats'. You don't really question everyone. Not by a long shot.

[RickCoMatic]

Come-on good people of Minnesota! Get into the game! Start calling the Governor and Secy of State and get Al Franken APPOINTED to the seat until such time as legal issues preventing him from being certified get through the courts.
We absolutely NEED the Minnesota Democrat to take his seat and participate in shaping government.
We implore you to pressure your Legislature and Executive.
Fill the Vacant Minnesota Senate Seat. Your future is at stake.
Put an end to the Republican's hold on the Senate.
Minnesota! Hear our cries. You MUST have a representative voice in Senate at this critical time in history. The seat is vacant.
You are giving the GOP an unlocked, open door to pass through and take-away your futures.
Have the good sense to appoint someone you trust in Senate to say yes or no on key issues affecting Minnesota and the Nation until the GOP's one-man (Norm Coleman's) Filibuster to keep-out Senator-Elect Franken is brought to an end.
The Nation is calling on Minnesota to act.
Minnesota! Please! Do something for Minnesota and this Country.
At this moment, the shortcut to the front, for all the anti-Obama forces, sails right-straight-through Saint Paul, Minnesota. The Dreadnought protecting Minnesota; not at sea.
Here's the latest dispatch, Minnesota. It began with an S-O-S!
Get Franken underway. Set sail for Washington. Sound "General Quarters!"
All Hands man your Battle Stations.

[CrittersRTasty]

Okay, in the interest of brevity:
"The opposite of everything RickCoMatic said"!!

[mille63]

The cheating in the Franken camp was quite blatant - counting the spoiled votes twice for the azzclown, for example. Amazing how Democrats who are behind in a close race always end up "winning" in the recount. Guess it's pretty easy when you keep "finding" ballot boxes in Democrat precints. Funny how once Franken had enough to put him over the top, no more missing ballots were found. And how about those Democrat precincts where more people voted than were registered to vote there?

And they have the nerve to accuse GWB of stealing the 2000 election. LOL

[AndThenOneDay]

It's a shame that all the many lawyers Coleman hired, the majority republican canvassing board, and the omnipresent media horde don't have your keen eye for democratic trickery. They didn't report a thing, and it was all 'quite blatant' to you.

Pity...

[RickCoMatic]

I would just like the people to know that what you have to offer in your Post isn't backed-up with any facts.
There was no cheating. There was nothing illegal. Once ALL the votes were found ... then, all of them were accounted for. There WAS no more to be found.
Why won't you anti-Franken people stop smearing the Senator-Elects good name. EVERYTHING was done right. There is no reason to object to the results other than "Sour Grapes."

[AndThenOneDay]

It's his or her first post, but it's a safe bet all will be pretty much the same. Unsubstantiated pro-conservative rumor-mongering and dire predictions. Sameness we can believe in...

[CrittersRTasty]

I submit that no one on this board knows if there was any cheating or anything illegal, or if all the votes were counted, or how many times they were counted. Isnt that the purpose of the lawsuit?

And just because I cant resist...."Franken's good name"?.....puhlease.....

[BossBabe]

The Franken campaign wasn't personally responsible for counting the votes or for the voting process. So, if you are accusing the Supervisors of Elections for the counties of corruption, then say so and back up your claims with facts. Or, admit that you would prefer that the actual loser be declared the winner regardless of reality just because he's a Rethuglican.

[hortonhearsawho2]

Teacher tells him to go to the principals office...

[neesy08]

Isn't the Governorship controlled by the GOP? They will do everything they can to keep from seating franken.

[Myshkin57]

The governor is Republican Tim Pawlenty, who's likely going to be in the 2012 GOP primaries.

[hortonhearsawho2]

I think the entire party may run that year in the primaries...

[AnnfromCA]

It has nothing to do with that. It's MN law.

[hortonhearsawho2]

we are all discovering how interesting the laws of MN. can be...

[Principaldad]

Let's put it this way. The story is that the law prevents the election from being finalized while there is a dispute. Obviously the wording of that law is important. Does it have to be a valid dispute or any dispute? What is the definition of a dispute and who decides? Lots of questions arise. Somehow I doubt that most of the people claiming "its the law", know anything about this law.

The point is that there is a serious problem IF the law is written such that a challenger can stretch out litigation as a means of obstructing his opponent from taking office. If that is the case then the law will likely be overturned.

[dadw5boys]

Coleman is such a sleaze bag it is hard to believe anyone voted for him to brgin with.

I always thought the people who lived there had good sense.

Thier votes for Coleman have made me question that.

[CrittersRTasty]

Ooh, there's a typo in here. You accidentally wrote "Coleman" when you obviously meant Franken. Hey! you did it twice, silly....

[BBC9nch]

this is why other states have an automatic runoff rule. now if coleman somehow comes out on top why wouldn't franken file a bunch of lawsuits? this could go on for a year

[murderBYzeN]

MIcky Mouse voted for Franken...twice!!!!

[Givethemhellharry]

Neither Coleman or Franken got a majority of the votes, so neither can claim they represent the will of the people. Flip a bloody coin and get this silly race over. One more Dem or Rep senator won't make that big a difference in the Senate at this time. Though I am a progressive, I don't want the Dems to have a lock on the Senate. There is no Democracy without competition. We need the checks and balances set up in the constitution. We saw what happens with Bush when there is no effective opposition. Neither Franken or Coleman has greatness stamped on them and will be a back bencher anyways.

[SeanONe]

Franken did get a majority of votes once they were recounted and the disgusting criminal partisan cheating was filtered out. Coleman is the loser and is deliberately wasting time with nonsense lawsuits. He should be going to prison soon enough with his criminal activities and the criminal negligence he has perpetrated.

[CrittersRTasty]

I'm honestly curious...If, as the result of the current legal challenge, Coleman comes out on top here, will Franken file a lawsuit? and if so, will you all have a different attitude regarding the effort?

[AnnfromCA]

That's what I say. It's clear the state is divided. Even today, the polls show the same thing.

[Carolab]

A STATEMENT FROM THE GOVERNOR -- January 12, 2009

Saint Paul " The following is a statement from Governor Tim Pawlenty regarding the request from Al Franken"s attorney to issue a certificate of election.

"I have a duty to follow state law and our statutes are clear on this issue. I am prohibited from issuing a certificate of election until the election contest in the courts has been resolved."

Please see Minnesota Statutes 204C.40, Subdivision 2:

204C.40 CERTIFICATES OF ELECTION.
Subdivision 2. Time of issuance; certain offices.

No certificate of election shall be issued until seven days after the canvassing board has declared the result of the election. In case of a contest, an election certificate shall not be issued until a court of proper jurisdiction has finally determined the contest. This subdivision shall not apply to candidates elected to the office of state senator or representative.

Online at https://www.revisor.leg.state.mn.us/statutes/?id=204C.40&year=2008

____________

Not defending T Paw; just posting it from the state's website.

[smag]

Yes, please Al, SIT DOWN and shut up.

[NthMonkey]

Please, let's not talk about the "will of Minnesotans" in an election this close. This is about an outcome, not a mandate.

[slarabee]

Yes this is the unfortunate reality of a democracy; some time the guy you vote for doesn't win. And even if the other guy only wins by one vote it's still a win.

[smag]

Al must have gotten all of those walnut votes; or was it acorn? Ah well it could have been Mickey Mouse and int this election they may discover Mickey's votes in his mousekeeteer van stuck in a snow drift.

[youknowwhat]

Seeing these Repubs get all worked up about Al is fun to watch. Oreilly must be on the verge of having a seizure.

[conniec]

I hope O'Reilly's head explodes...I'd pay good money to see that!

[jesthefaxman]

NFL Hall of Famer Justice Alan Page -- has been called upon to exercise the power of appointment.

Justjce Page has appointed three state district court judges to form the election contest panel. They are Stearns Country District Judge Elizabeth Hayden, Hennepin County District Judge Denise Reilly, and Pennington County District Judge Kurt Marben.

The AP's Brian Bakst somewhat misleadingly portrays the makeup of the election contest panel by the poliitcal stripe of the governor who appointed the judge. Judge Hayden was appointed by Democrat Rudy Perpich, Judge Reilly was appointed by nominal Republican Arne Carlson (who has called on Senator Coleman to abandon the election contest), and Judge Marben was appointed by Independent Jesse Ventura.

Seems pretty bi-partisan to me. I think the FOIA requests for Ritchie's communications with the Franken camp will be very interesting indeed. He's got more than a little Kat Harris in him for sure

[freedomthrutruth]

If federal law requires that Franken be seate and if federal law trumps state law, the Franken may have a strong court case against the state of Minnesota. Coleman's effort is based merely on frivolity and desperation and is therefore a waste of time and money. Only the most corrupt judges would even consider hearing Coleman's absurd argument alleging votes in Republican-learning counties were improperly rejected and thus ought to be counted. These votes were rejected legally as the votes themselves ran afoul of state law. In this case, Coleman himself must know he doesn't have a pot to piss in.

[SeanONe]

A leg to stand on, even.

[CrittersRTasty]

What federal law requires that he be seated?

[bannorhill]

The constitution says "The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof"

That trumps federal law. In this case the State law (prescribed by the State legislature) is clear about seating a Senator. It says "No certificate of election shall be issued until seven days after the canvassing board has declared the result of the election. In case of a contest, an election certificate shall not be issued until a court of proper jurisdiction has finally determined the contest. " (See Carolab post above).

As of today no court of proper jurisdiction has finally determined the contest therefore no Senator can be seated.