Franken Camp Demands State Officials Certify Him As Winner
In a conference call with reporters just now, the Franken campaign rolled out their organized response to Norm Coleman's lawsuit to overturn the election result in the Minnesota Senate race, which has bottled up the election result in court: Not only is the lawsuit baseless, but they believe the Governor and the Secretary of State are legally required to issue them a certificate of election today.
Lead Franken lawyer Marc Elias announced that the campaign is sending a letter to Gov. Tim Pawlenty and Sec. of State Mark Ritchie, pointing to federal and state laws that they believe require Pawlenty and Ritchie to issue the certificate, contrary to the conventional wisdom that has held that the certificate can't be issued until after Coleman's lawsuit is dealt with. Not so, says the Franken camp -- Minnesota should have two senators, and the winner of the election is entitled to his certificate.
When a reporter asked if the Franken campaign could go to court over this to force the issuing of a certificate, Elias didn't rule it out. "We don't take any options of the table," Elias said, "and are eager to have Senator-elect Franken receive the certificate that he is entitled to."
Elias made clear that issuing a certificate would not cut off Coleman's legal right to contest the election in court -- it would simply force the seating of Al Franken in the interim. But as for the lawsuit itself, Elias said it was "riddled with error," and that the campaign was filing a motion to dismiss.
Assuming the lawsuit does go to trial, Elias also showed that the Franken people have their own number of issues that they can push in their favor. For example, they will seek the counting of improperly-rejected absentee ballot envelopes that the Coleman campaign vetoed during the sorting process, and they are also giving their support to a lawsuit to be filed today by absentee voters seeking to get their ballots counted.















YES, YES, YES! A provisional certification in the very least should be acceptable.
The Franken camp is spot on here!
January 12, 2009 12:46 PM | Reply | Permalink
No disagreement here! About time the Franken camp take the initiative.
January 12, 2009 12:52 PM | Reply | Permalink
Precedent for provisional seating, here:
http://en.wikipedia.org/wiki/United_States_Senate_election_in_Louisiana,_1996
January 12, 2009 12:55 PM | Reply | Permalink
Do my eyes deceive me? You mean there's actually a Democrat who FIGHTS? Go AL!
January 12, 2009 12:59 PM | Reply | Permalink
Minnesota election law "governors" what takes place in Minnesota -- with regards to certification.
Louisiana election law "governors" what takes place in Louisiana -- with regards to certification.
My understanding is that Minnesota election law, stipulates that "official certification" of the winner of an election for the U.S. Senate cannot be take place until AFTER any "legal contest" of a recount has been completed.
And if I am not mistaken, the U.S. Constitution states that a senator cannot be seated unit AFTER he or she has been duly certified as the winner of the election by the state in which the election took place.
If the above is true, then on what grounds could Franken (1) be officially certified by Ritchie/Pawlenty (the signatures of both are required)or (2) on what grounds Franken could be provisionally seated.
Note: With regards "certification" that HAD BEEN issued by Minnesota Canvassing Board, it was a "certification" of the results of the recount.
Minnesota election law requires the Secretary of State and the Governor to officially certify the "winner of the election" based on the findings of the Canvassing Board -- except when a legal contest challenging the results of the recount has been initiated.
If a legal contest has been initiated that challenges the results of the the canvasing board (such as Coleman has initiated), then it is my understanding that there is no provision in Minnesota law that allows for the issuing of a certification of a "provisional" winner.
I am curious has to how the Franken legal team will move forward, since there appears to be no legal basis for obtaining a "certification" (provisional or otherwise) until after the contest is completed (and assuming that he doe win the contest).
January 12, 2009 2:12 PM | Reply | Permalink
January 12, 2009 2:56 PM | Reply | Permalink