Coleman Appeal Coming, Lawyer Says: 'System Is Broken'

05/15/2009 05:12 am ET | Updated May 25, 2011

ST. PAUL, Minn. — Republican Norm Coleman's attorney says an appeal of his Minnesota Senate election trial loss probably won't come until next week.

Coleman has 10 days to ask the Minnesota Supreme Court to review Monday night's decision that was in favor of Democrat Al Franken.

A three-judge panel ruled unanimously that Franken won 312 more votes than Coleman and should get an election certificate.

Coleman lawyer Ben Ginsberg says his team needs time to fully review the decision. Coleman's lawyers claim that counties treated absentee ballots differently, creating constitutional problems.

"We have been reviewing the court's order and we feel that they have misunderstood a number of the issues as well as what's at stake in this case," said Ginsberg. "And so let me reiterate what we have said so that there is absolutely no mistake about this: [We] will be appealing this decision from the three-judge court."

"The court was very defensive of the Minnesota system," Ginsberg added. "The purpose of a contest is to be protective of the rights of the voters. And instead of spending so much time patting themselves on the back about the Minnesota system, the court really missed the big picture that I think, in its prior rulings, the Minnesota Supreme Court has been conscious of."

"This really is a clarion call that the system of election administration in this country is broken," Ginsberg said.

The timing for the appeal is important because Minnesota has been short a U.S. senator while the case has moved through the courts.