CQ TODAY ONLINE NEWS
Jan. 6, 2009 – 5:04 p.m.
Coleman Files Suit to Contest Minnesota Senate Election Results
By Emily Cadei, CQ Staff
Minnesota Republican Norm Coleman, refusing to concede to Democrat Al Franken in their hotly contested Senate race, is turning to the courts in a last-ditch bid to win a second term that is slipping from his grasp.
“We are filing this contest to be absolutely sure that every valid vote is counted,” Coleman said at a news conference in St. Paul, Minn., Tuesday afternoon.
Franken claimed victory Monday after the state Canvassing Board certified results of a prolonged recount that showed the Democrat edging Coleman by 225 votes out of nearly 3 million cast.
“While I understand there is a desire by a small number of people to move on, something greater than expediency is at stake here,” Coleman said. Fairness, he said, is more important than speed.
As he was speaking, Coleman’s attorneys filed the lawsuit, called an “election contest,” in Minnesota state court.
The recount in Minnesota lasted a month and a half and produced a swing of more than 400 votes from Coleman to Franken, after initial returns from the Nov. 4 election had showed Coleman with a 215-vote lead.
Franken’s apparent victory will not be official until the governor and Minnesota’s secretary of State certify the election results. And under state law, that cannot happen until legal challenges to the outcome are resolved.
Coleman and his attorneys framed their request for judicial review as part of the proper election process, and said the state owes it to its citizens to make sure the vote is accurate and valid.
Coleman’s suit includes three main complaints: that more than 100 ballots were counted twice in a handful of Minnesota precincts, to Franken’s benefit; that 654 absentee ballots were improperly rejected and should be included in the count; and that new ballots and missing ballots discovered during the recount were included in the tally without proper reconciliation with Election Day totals.
The case will be heard by a three-judge panel appointed by Supreme Court Chief Justice Eric Magnuson, an appointee of Republican Gov. Tim Pawlenty . Magnuson was also a member of the five-person canvassing board that certified the recount totals. He participated fully in the board’s recount but recused himself, as a justice, from hearing various petitions filed by the Senate candidates during the recount process.
The judicial panel now will have 20 days to begin the court proceedings. Attorneys for Coleman estimated a trial of the case itself could last a month or more.
Democrats Fire Back
Franken attorney Marc Elias dismissed Coleman’s lawsuit as without merit, saying many of the allegations were “unsubstantiated and unclear.”
“Sen. Coleman has decided to fight [the recount results] no matter how long the odds or and no matter how much the cost to the people to Minnesota,” Elias said.
He indicated that the Franken campaign intended to raise its own questions during the court proceedings, including possibly proposing other absentee ballots it thinks were wrongly rejected.
Spokesman Andy Barr declined to say whether Franken believes he should be seated immediately, saying, “It’s up to the Senate.”
On Capitol Hill, Senate Democrats have backed away from efforts to seat Franken quickly, leaving the Minnesota Senate seat vacant for now. But that hasn’t stopped them from voicing their displeasure over the legal delays.
Senate Majority Leader Harry Reid , D-Nev., said on the floor Tuesday that “graciously conceding ... would be the right step” for Coleman to take. He also signaled that he might not be willing to wait indefinitely before seating Franken.
“This can’t drag on forever,” Reid said. “His term must begin and will begin soon.”
Senate Minority Leader Mitch McConnell shot back, “The only people who have pronounced the Minnesota Senate race over are Washington Democrats” and Franken.
“The Senate race in Minnesota will be determined by Minnesotans — not here in the Senate,” McConnell said.
Senate Republicans have invited Coleman to attend their annual daylong retreat on Wednesday, which will be held at the Library of Congress.
“He’s invited if he wishes to come,” said Senate GOP Conference Chairman Alexander of Tennessee.
Inquiries to Coleman’s press staff — both at his Senate office and at his campaign —about whether he would attend the retreat — went unanswered.
As of late Tuesday afternoon, Coleman was in Minnesota.
Kathleen Hunter contributed to this story.




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