ToddG
06-30-09, 14:34
Don't shoot the messenger ...
Minn. court rules for Franken in Senate fight (http://www.washingtonpost.com/wp-dyn/content/article/2009/06/30/AR2009063002200.html?hpid=topnews)
By BRIAN BAKST
The Associated Press
Tuesday, June 30, 2009; 3:10 PM
ST. PAUL, Minn. -- A unanimous Minnesota Supreme Court ruled Tuesday that Democrat Al Franken should be certified the winner of the state's long-running Senate race, paving the way for the former Saturday Night Live comedian to be seated after an almost eight-month fight.
The high court rejected a legal challenge from Republican Norm Coleman, whose options for regaining his Senate seat are dwindling, saying Franken is entitled to the election certificate he needs to assume office.
"We affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under (Minnesota law) to receive the certificate of election as United States Senator from the State of Minnesota," the court wrote in its 5-0 ruling.
With Franken and the usual backing of two independents, Democrats will have a big enough majority to overcome Republican filibusters.
Coleman hasn't ruled out seeking federal court intervention, and has 10 days before the ruling takes effect in which to point out any errors related to the court's interpretation of law, facts or material questions in the case.
The earliest Franken would be seated is next week because the Senate is out of session for the July 4 holiday, said Jim Manley, a spokesman for Senate Majority Leader Harry Reid.
Reid said Pawlenty should respect the votes of his constituents and his state's highest court.
The election certificate also requires the signature of Minnesota Secretary of State Mark Ritchie. Ritchie, a Democrat, said he was ready to sign it "as soon as the governor issues it."
Ritchie said he takes the ruling as a direction to sign the certificate. He said he hasn't spoken with Pawlenty and wasn't aware that the governor was out of the state at a conference in Washington.
Franken, a former Saturday Night Live star making the leap from life as a left-wing author and radio talker to the Senate, planned a news conference later Tuesday and didn't immediately comment.
Coleman's campaign didn't immediately return a call for comment. Nor did Gov. Tim Pawlenty, whose signature is required on the election certificate Franken needs to be seated.
Pawlenty, a Republican, has said he would sign the certificate if ordered to do so by the court. The court's ruling stopped short of explicitly ordering the governor to sign the document, saying only that Franken was "entitled" to it.
Coleman's appeal hinged largely on whether thousands of absentee votes had been unfairly rejected by local election officials around the state.
The unanimous court wrote that "because the legislature established absentee voting as an optional method of voting, voters choosing to use that method are required to comply with the statutory provisions."
They went on to say that "because strict compliance with the statutory requirements for absentee voting is, and always has been required, there is no basis on which voters could have reasonably believed that anything less than strict compliance would suffice."
Minn. court rules for Franken in Senate fight (http://www.washingtonpost.com/wp-dyn/content/article/2009/06/30/AR2009063002200.html?hpid=topnews)
By BRIAN BAKST
The Associated Press
Tuesday, June 30, 2009; 3:10 PM
ST. PAUL, Minn. -- A unanimous Minnesota Supreme Court ruled Tuesday that Democrat Al Franken should be certified the winner of the state's long-running Senate race, paving the way for the former Saturday Night Live comedian to be seated after an almost eight-month fight.
The high court rejected a legal challenge from Republican Norm Coleman, whose options for regaining his Senate seat are dwindling, saying Franken is entitled to the election certificate he needs to assume office.
"We affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under (Minnesota law) to receive the certificate of election as United States Senator from the State of Minnesota," the court wrote in its 5-0 ruling.
With Franken and the usual backing of two independents, Democrats will have a big enough majority to overcome Republican filibusters.
Coleman hasn't ruled out seeking federal court intervention, and has 10 days before the ruling takes effect in which to point out any errors related to the court's interpretation of law, facts or material questions in the case.
The earliest Franken would be seated is next week because the Senate is out of session for the July 4 holiday, said Jim Manley, a spokesman for Senate Majority Leader Harry Reid.
Reid said Pawlenty should respect the votes of his constituents and his state's highest court.
The election certificate also requires the signature of Minnesota Secretary of State Mark Ritchie. Ritchie, a Democrat, said he was ready to sign it "as soon as the governor issues it."
Ritchie said he takes the ruling as a direction to sign the certificate. He said he hasn't spoken with Pawlenty and wasn't aware that the governor was out of the state at a conference in Washington.
Franken, a former Saturday Night Live star making the leap from life as a left-wing author and radio talker to the Senate, planned a news conference later Tuesday and didn't immediately comment.
Coleman's campaign didn't immediately return a call for comment. Nor did Gov. Tim Pawlenty, whose signature is required on the election certificate Franken needs to be seated.
Pawlenty, a Republican, has said he would sign the certificate if ordered to do so by the court. The court's ruling stopped short of explicitly ordering the governor to sign the document, saying only that Franken was "entitled" to it.
Coleman's appeal hinged largely on whether thousands of absentee votes had been unfairly rejected by local election officials around the state.
The unanimous court wrote that "because the legislature established absentee voting as an optional method of voting, voters choosing to use that method are required to comply with the statutory provisions."
They went on to say that "because strict compliance with the statutory requirements for absentee voting is, and always has been required, there is no basis on which voters could have reasonably believed that anything less than strict compliance would suffice."