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

[the-lexicon]

the federal government has no standing in this. Why can't folks get that straight? They can't COMPEL the state to seat a senator, and the federal government isn't disadvantaged or harmed by his absence.

[RTIII]

The feds may not have standing but federal law does give FRANKEN standing. Fed law says that because of the potential for frivilous lawsuits to drag out an election, a congresscritter may be seated on a temporary basis while lawsuits proceed.

Sue em, Franken!
.

[dwillisno1]

You may want to review the article and you will notice the court in question is the MINNESOTA Supreme Court.

[kylie]

No, but the people of Minnesota are not represented--that's "harm".
The rest of us have to wait until the Republican incumbent tries every way possible to cheat in before he waves the flag of surrender.
Suspended animation for all waiting for Mr. Coleman and his Rep. advisors to accept the defeat they have so justly earned.

[the-lexicon]

This is grandstanding. The only rights Franken has now (except as a respondent in Coleman's suit) is to sue for redress if the election challenge isn't discharged in a swift and speedy manner.

...for example, if the court schedules the hearing for March, or something....

lexicon

[lisakaz2]

Al in full court press. Not surprising. He wants to be seated. Heck, the state is short a senator. I'm sure they all want 2 not 1. It's time, ppl.

Can someone make a decision and declare the thing over already?

[gevan]

Why not counter-sue Coleman for monetary damages? Franken is being denied his rightful Senatorial salary.

[RTIII]

We should remember that in this circumstance there's disagreement between MN and Federal law, and the Federal law should trump MN's law. The Federal law realizes that a frivilous lawsuit can hang up a proper election to federal office so it provides that the victor may be seated on a temporary basis if there's ongoing litigation. MN law apparently doesn't recognize that possibility.

So, technically, the gov is both right and wrong - as is the SoS, and Al is right; he should be seated. However, legally, it might also be the case the he _has_ to sue to compel the right outcome... Odd, but sometimes that's how our systems interoperate.
.

[bannorhill]

The US 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. The Minnesota legislature has prescribed that the election can not be certified until the courts have finally ruled. Until that happens no Senator can be seated.

[Grannysue]

Good, he won, Coleman's a whinney little boy, and the Govenor sucks so sue the hell out of them Frankeen.

[nomobull]

good for him

[shotgunblast]

I, Al Franken, am suing you to issue me, Al Franken, an election certificate. In order to take the senate seat that I, Al Franken, have won, I need you to issue the election certificate to me, Al Franken.

[Carolab]

I like Al's clear desire to fight for this seat. He was elected by Minnesotans; not a doubt in my mind.

[maori]

Too bad there's no shortcut he can take, like the race card...
*cough, Burris*

[chicagoike]

Call it Coleman's revenge, you may have won but that doesn't mean you won. "Try to take your seat and I'll block you dude", said a smiling Sen. Coleman

[Teas]

Go Al! Don't let Coleman and his thug's keep you from taking your rightful place in the Senate. You lost Coleman, be a man!

[rmetz74]

I don't know, I think this is Al turning the tables on Coleman. Norm thought he could prevent Al from being seated by holding it up in the courts - so Al is going to use the courts to get seated anyway.

[GeoLee]

Well, i s just a few days the Justice Department will be under a Democrat and maybe the case against Coleman in his illegal money issue might start moving a little faster and he may have other things to worry about.

[drumz]

Republicants thwarting the statement by the electorate - how typical.

[SangZe]

What a mess we have in this country. It's hopeless. I don't see any way out. All I see are self-possessed politicos stuffing their pockets and doing everything possible to see us all go down the tubes. I imagine most of them have Swiss bank accounts or other "safe" places for their loot. We've been suckered in again. Maybe it's the American mentality. After all, we spend a lot of time shooting each other, too.

[bygollymissmolly]

I have a suggestion for you. Move somewhere else if you don't like it here. You are part of the problem and not part of the solution so we would be happy to see you go.

[wadenelson1]

This is starting to take on all the elements of a Coen brothers film.

[wallygator]

To bad they couldn't speed things up in Coleman's criminal case. it would be much harder to refuse to seat Franken if Norm was sitting in a jail cell.

[ReasonIsMyReligion]

Burris has a seat, but not Franken? Ack.