Al Franken Sues Secretary Of State To Take Seat

Minnesota Public Radio reports that Al Franken, having been denied a certificate to take his Senate seat by the state's Governor and Secretary of State, is going to court.

Al Franken's attorney, Marc Elias, said today the campaign is asking the Minnesota Supreme Court to issue an election certificate so Franken can be seated in the U.S. Senate.

The petition would force Republican Gov. Tim Pawlenty and Democratic Secretary of State Mark Ritchie to issue the signed certificate.

With the recount over, Republican Norm Coleman lost by 225 votes to Franken. But Coleman is challenging those results in court. Officials say Coleman's lawsuit prevents them from issuing Franken the signed certificate.

Comments

[ShephDJ]

I am more than a little disturbed that Burris, an appointee made under questionable conditions, can be seated before Franken, an elected Senator proven by the most meticulous recount in history, is seated. Harry Reid, do you really need Pawlenty's signature to know that Al Franken won? Everyone who cared watched the recount live on the internet. These 20th-century pre-digital rules are getting out of hand. Just put this election out of its misery.

[RickCoMatic]

While Minnesota screws-around leaving a Senate Seat VACANT; the GOP is making it difficult for the Obama changes to get through the Senate. The resolution of the matter regarding the EMPTY Senate seat is SIMPLE. Send Al Franken to be seated. Contest the decision in the Senate. The Senate will review all pertinent issues relevant to the election contest and revoke Franken's Election Certificate should there be just cause to do so. Leaving the Seat VACANT during this MOST IMPORTANT TIME in modern history is a flagrant, grossly negligent, incomprehensible inaction, demonstrating not just the highest degree of political irresponsibility but also tacit contempt of Legislation in place which was made Law to address precisely what's being contested. The GOP's reasons for denying Senator-Elect Al Franken his seat in the Senate are scurrilously illegitimate. Sadly, a few with their most flimsy of excuses, contesting the vote, are undeniably motivated by only vengeance and hate. Of this, the populace is well aware and should not tolerate nor allow to continue.

[smudoshi]

Senator Alan Stuart Franken IS the duly and truly elected Junior Senator from Minnesota. No court can change that. Rise Minnesota, Rise...

[ansonort]

I'm sure someone must have already noted the similarity between this whole affair and the one in Florida in 2000. Good for Al Franken that he has not backed down under what must continue to be considerable pressure from the GOP who don't know the meaning of the phrase 'gracious in defeat.' Come on, Coleman - give it up!

[LaurenMarie984]

Good for Al Franken. This just goes to show how much Coleman cares about the people he watns to represent. That is, he cares about them SO much, that he would rather deny them equal representation in the Senate just so Coleman can maintain his 5 min of fame/looking like a d.i.c.k. Coleman - get over it. If not for yourself, then for the sake of Minnesota. All you're doing is denying your state representation, you have lost the election by 200 votes, and even the supreme courts have ruled - how many times? more than once- that you have no leg to stand on. just let it go. Let the FBI federal investigation get underway and let the senate be fully seated. sch.mu.ck

[spandautoseattle]

A newcomer in the Senate (no doubt that he will be Sen Franken sooner or a bit later) spanks
the MN State Gov, his irate Republican opponent, the right wing of his own party which takes hardly a supporting position towards him and he is not caving in even before being seated. This promises interesting debates in the future, and thanks to the internet media we will be able to hear what he says.
It was possible for the msm to hide pols like (for example) Dennis Kucinich until 2008, now this game's over.

[BrettKeogh]

If he wins his suit - and I hope he does - that will just be step one. You KNOW the repulicans in the Senate will filibuster any chance of the Dems to seat Al. I worry more that Al will win in court but Reid won't have the brass ones enough to stand up to the minority party.

[stargazer13]

It,s about time !!!!!!!!!

we needed a good man in that spot ! and Al,s a good guy

[RickCoMatic]

There's no rush. There's just the Law. And, ... the LAW says: Senator-Elect Al Franken MUST receive his Certificate of Election ... signed by BOTH the Governor and the Secy of State ... And, ... MUST send Senator-Elect Al Franken to the United States Senate to be Seated and Sworn-in. Minnesota Courts are no longer involved in deciding ANYTHING -- other than -- which Candidate did, in fact, receive the most votes for office. A decision which was MADE by the Canvassing Board and UPHELD by Certificate of the Secy of State. NOW, Senator-Elect Franken MUST be awarded the Certificate and assume his duty in the Senate. It will be the SENATE which will have the responsibility of determining the validity of any irregularities having to do with how the Minnesota Canvassing Board final determination might be in question. The Senate. Not Minnesota. Not Norm Coleman. Only the Senate.
Al Franken?
Oh, ... you mean:

SENATOR AL FRANKEN

Congratulations!
Senator Franken

[CrittersRTasty]

Doesnt the LAW say that the certificate cant be issued till the legal action is complete? Or do I misunderstand the situation?

[Cinnamonape]

The law says that the certificate of election cannot be issued until all challenges are complete. So the question is: when are challenges complete? Is it when all cases are fully adjudicated and have run through all appeals? That could be years.

Or is it when the final deadline for FILING challenges are due? Thus that would be when the "filing of challenges" have been completed. This must be within the week after the SoS and Canvassing Committee files the final recount. BTW individuals who have had their votes rejected or challenged can also file suit.

I suspect that if the former is the interpretation of the provision on "challenges" it is Unconstitutional, as it would allow any trivial and frivolous legal action to prevent the "will of the people". An opponent could simply sue, and sue, and sue...repeatedly. A Senator may have to wait years before

In fact, such a provision, if actually legitimated could be used to keep all elected members of an incoming administration out of office...regardless of the size of their victories. It could be used to block the acceptance of the States presidential election count until well after the electoral college has to meet.

[johnnyjust]

Al, Al, Al.....what's the rush?

Don't you want every vote counted fairly?

Of course you don't. But let's not have people manufacturing votes after the fact and then claiming victory. Kind of like cheating. Very similar.

[Lerk4]

How about the people of Minnesota having someone representing their voices and interests in the Senate... I know it's hard to believe after the past 8 years, but not every politician is in it themselves and their friends.

[kylie]

Every valid ballot was counted, this time! Al won!
Coleman needs to gear up for possible indictments while he was pretending to previously serve Minnesota as their senator.

[Brookyln35street]

Seat Senator Al Franken al-franken-ready!

Senator Coleman you lost to a comedienne and we are all laughing our butts off. I love it, because Senator Franken isn't afraid to call Republicans out. He will not be controlled by anyone's talking points, and whatever he says will be smart and funny. I can't wait, so stop the franken hold-up, and certify the next Senator from Minnesota.

[mick7191]

Go get 'em, Al.

[bujeeboo]

Coleman is so slick, he leaves a trail of oil wherever he goes.

[Carolab]

It's not oil; it's slime.

[smilodon1]

I would suggest slime rather than oil.

[Vere15]

Big question???

Does either man receive a senator's salary during this period either now or retroactively?

Does anyone know??

[gayla7]

Coleman should take his own advice he gave to Al on election night, concede!