http://www.latimes.com/news/nationworld/nation/la-na-minnesota-senate6-2009jan06,0,6185810.story
Franken wins Minnesota Senate seat; court challenge expected
Times Wire Services 1:05 PM PST, January 5, 2009
St. Paul, Minn. -- Democrat Al Franken has beaten Republican incumbent Norm Coleman to win the U.S. Senate seat from Minnesota.
After weeks of recounts, the state canvassing board certified Franken as the winner in the Nov. 4 election. Coleman's aides said in advance that they would pursue a court action, claiming the recount process left out certain absentee votes and that other ballots were counted twice.
The Minnesota Supreme Court earlier today had rejected Coleman's request to count an additional 654 rejected absentee ballots, clearing the way for the canvassing board to declare Franken the winner. The court said the issue is best settled in a post-count lawsuit.
"Today's ruling, which effectively disregards the votes of hundreds of Minnesotans, ensures that an election contest is now inevitable," Coleman attorney Fritz Knaak said in a written statement. "The Coleman campaign has consistently and continually fought to have every validly cast vote counted, and for the integrity of Minnesota's election system, we will not stop now."
Coleman has argued the ballots were improperly rejected. Franken's campaign said Coleman was focusing only on ballots that would allow him to prevail.
Franken, the former "Saturday Night Live" personality who has been active in Democratic politics for years, defeated Coleman by 225 votes. That was after the state counted more than 2.9 million ballots, including 900 absentees not counted on Nov. 4 because of poll worker errors.
"Minnesotans have waited a long time for a winner to be declared in this race, and today, with the last attempt to halt the counting process now having failed, Al Franken will be declared the winner," said Franken attorney Marc Elias said after the state high court's ruling.
The canvassing board's action triggers a seven-day waiting period before an election certificate is signed by Republican Gov. Tim Pawlenty and Democratic Secretary of State Mark Ritchie.
If any lawsuits are filed during that waiting period, certification is withheld until court matters are resolved.
Lawyers for both campaigns have laid the groundwork for lawsuits through public comments and legal maneuvering. In recent weeks, as Franken clung to a small lead, Coleman's lawyers said they could sue over possible mishandling of ballots on election night and during the recount.
A court case would open doors closed to the campaigns during the administrative recount. They would be able to access voter rolls, inspect machines and get testimony from election workers.
Sen. Charles E. Schumer (D-N.Y.), who until recently was the head of the Democratic Senatorial Campaign Committee, said Sunday the race was settled and that Franken had won the election.
"While there are still possible legal issues that will run their course, there is no longer any doubt who will be the next senator from Minnesota," Schumer said. "With the Senate set to begin meeting on Tuesday to address the important issues facing the nation, it is crucial that Minnesota's seat not remain empty, and I hope this process will resolve itself as soon as possible."
Sen. John Cornyn of Texas, the chairman of the National Republican Senatorial Committee, called Schumer's comments premature and troubling, since Schumer is the new chairman of the Senate Rules Committee, which has jurisdiction over contested elections.
"Sen. Schumer will likely play a key role in determining who ultimately assumes this Senate seat," Cornyn said. "Prejudging the outcome while litigation is still pending calls into question his ability to impartially preside over this matter when it comes before the committee, as it most certainly will."
Coleman's term as senator expired Saturday.
Senate Republican leaders have said the chamber shouldn't seat Franken until all legal matters are settled, which could take months.