January 12-13, 2009: Franken Asks Minnesota Supreme Court to Force Issuance of Election Certificate Allowing Him to Take Senate Seat, Court Will Refuse

Al Franken (D-MN), declared the winner of the disputed US Senate race in Minnesota (see January 5, 2009), asks the Minnesota Supreme Court to order Governor Tim Pawlenty (R-MN) and Secretary of State Mark Ritchie (D-MN) to issue a signed certificate to allow him to take his seat in the Senate. Both Pawlenty and Ritchie have refused requests from Franken to issue the certificate, saying that Minnesota law requires them to wait until a lawsuit by Franken’s opponent Norm Coleman (R-MN) is resolved (see January 7, 2009). Franken’s petition to the Minnesota high court contends that one part of Minnesota law requiring the issuance of a certificate holds sway over the portion of law Pawlenty and Ritchie have cited. Part of Franken’s argument cites a court precedence saying that the US Senate, and not an individual state, must choose whether to seat an elected official. [Minneapolis Star-Tribune, 1/12/2009; Minnesota Independent, 1/13/2009] The Coleman campaign issues the following statement regarding Franken’s request: “Al Franken knows he can’t win this election contest based on the major inconsistencies and discrepancies that were part of the recount, and his attempted power play today is evidence of that. He can’t and won’t be seated in a seat he didn’t win, so he is trying this underhanded attempt to blatantly ignore the will of Minnesotans and the laws of the state. The totals certified by the state Canvassing Board include double-counted votes, inconsistencies regarding rejected absentee ballots, and inconsistent handling of newly discovered and missing ballots. These are serious issues that both the canvassing board and the Minnesota Supreme Court directed be handled in an election contest, and that will go forward as required.” Coleman’s lead recount attorney, Fritz Knaak, adds to the heat generated by the Coleman campaign by calling the request an “incredible and rather astonishing” power play, “an unprecedented and futile charade,” an “arrogant move,” and “an insult to the process.” He continues: “Al Franken is not the winner. There is no winner, and there won’t be a winner until the process stipulated in Minnesota election law has been completed.” When the process is complete, Knaak says, “Norm Coleman will be back on top and back to the United States Senate. No one, not Al Franken, not [Senate Majority Leader] Harry Reid, not the national Democrats can declare a winner in Minnesota before there’s an actual legal winner.… Today’s move by Al Franken signals his desperation.… Our voters and our laws matter too much to let politics try to influence the outcome of this election.” The Minnesota high court will refuse to issue the order. [MinnPost, 1/12/2009; Minnesota Independent, 1/13/2009]