CQ TODAY ONLINE NEWS
Jan. 22, 2009 – 6:12 a.m.
Franken Makes Case To Let Senate Decide
By Emily Cadei, CQ Staff
Democratic candidate Al Franken made a bid Wednesday to short-circuit the court case that’s intended to give Minnesota a winner in its closely contested Senate race.
Attorneys for Franken argued that a state court should dismiss the lawsuit filed by Republican Norm Coleman because the three-judge panel designated to hear the case lacks jurisdiction for Coleman’s type of complaint.
The proper venue, Franken’s attorneys argued, is the U.S. Senate, which has the power to judge the election of its members.
Franken declared victory over Coleman Jan. 5 after state officials certified recount results that gave him a 225-vote lead out of 2.9 million votes cast in the Nov. 4 election.
Coleman promptly challenged the results, arguing that some ballots were counted twice, absentee ballots that should have been counted were rejected, and procedures for accounting for missing ballots were not dealt with consistently over the course of the recount.
Minnesota Gov. Tim Pawlenty and Secretary of State Mark Ritchie have refused to sign the election certificate required for Franken to take his seat until there is a verdict in Coleman’s lawsuit.
Franken asked the state Supreme Court last week to force Pawlenty and Ritchie to issue the certificate, arguing it can always be rescinded if the court reverses the recount outcome.
On Wednesday, the two sides presented their arguments for why they believe the case should or should not go to trial next week. Coleman attorney Jim Langdon characterized the Franken campaign’s dimissal request as “a little bit like three-card Monte on the streets of New York.”
Coleman’s legal team contends that the Minnesota Supreme Court clearly indicated that Coleman’s ballot counting concerns should be addressed via the type of legal challenge they have requested.
The three judges, a Republican, a Democrat and an independent appointed by Supreme Court Justice Alan Page, asked only a handful of questions during the hearing, giving little indication of how they might lean on the matter.
The Coleman campaign ignited another legal skirmish Jan. 19 when they announced they would be asking the panel to open and review all rejected absentee ballots. It’s an aggressive move, and one that could introduce mountains of paper for the courts to sort through.
The Minnesota secretary of state’s office has said approximately 12,000 absentee ballots were rejected.
The number of wrongly rejected absentee ballots was a source of ongoing contention during the recount, and the Franken campaign has maintained that at least 4,500 additional votes should be counted.
“Obviously, not every one of the 12,000 rejected absentee ballots was wrongfully rejected,” Coleman attorney Fritz Knaak said. However, “those that were rejected through no fault of the voter . . . we believe those ballots must be opened.”
“Coleman’s request further disrupts a process designed to be expeditious,” attorneys for Franken wrote in a court filing stating their opposition to the move, “while making a mockery of the requirement for specificity and the limited jurisdiction of a court in a state election contest.”
As part of the Coleman campaign’s expanding legal strategy, its legal team was shuffled Wednesday. Trial attorneys Langdon and Joe Friedberg will take a prominent role in arguing the case, and prominent D.C. attorney Ben Ginsberg will become the legal team’s spokesman.
Ginsberg, who is a partner at Patton Boggs LLP, was counsel for the Bush campaign in 2000 and 2004.
While the attorneys continue to fight it out in the courts, Coleman and Franken have stepped up their efforts to court both public opinion and political leaders.
Both men were in Washington on Wednesday.
Coleman, whose Senate term expired earlier this month, attended the Republican policy lunch, while Harry Reid , D-Nev., met with Franken for about 30 minutes in his office Wednesday evening.
“The race in Minnesota is over,” Reid said prior to the meeting. “They’ve hand-counted 2.9 million ballots.
“There’s no way, mathematically, the election results are going to change,” he said.
Reid said he and Franken had discussed committee preferences.
Franken told reporters that he looked forward to getting to work in the Senate, particularly on an economic recovery package.
“President Obama said yesterday that we’ve got to get to work to address the problems that we have,” Franken said. “So that’s what we’re doing here today ... So that when I do get here, I can hit the ground running.”
Franken spent the weekend in the nation’s capitol attending festivities surrounding the presidential inauguration. He also held a $1,000-a-plate fundraising brunch on Sunday to help cover his continuing legal costs.
National Republican Senatorial Committee Chairman John Cornyn of Texas issued a statement accusing Reid and Franken of attempting “to circumvent Minnesota law and avoid a fair and legal review of the ballots.”
Coleman said he was feeling “pretty confident,” and “optimistic” his legal challenge would be successful.
Kathleen Hunter contributed to this story.
Comments
Al Franken had his campaign and now his trial to make his case for entry into the Senate. That should be enough. IF the good people of Minnesota, through the electoral process and their courts have chosen Norm Coleman as their Senator, he should be sworn in. Franken's "appeal to the Senate," brings back to mind the most pitiable and buffoonish aspects of his comedy routines. The Senate election is about representative democracy, not whether Al Franken is good enough or whether people like him.
Of course he would want a Democratic Senate to decide. The people are supposed to choose their representatives, not the government. The people of MN should pay heed to what he is asking for.
Chapman - it might be better to know your facts before voicing opinion. Currently it is Franken that was declared the winner and its Coleman that needs to accept the reality. (Actually I think he's almost there - I just heard that Coleman has accept a consultant's job while he awaiting the verdict). The good people of Minn spoke, the election officials have certified and Franken is the man. Coleman is the aweful looser!!
With respect to Ms. Garland, there are enough irregularities in this race (i.e. more votes in numerous Minneapolis precincts than people who showed up to vote, for one) to choke a horse!! This court challenge is part of the process to clean up this cluster-f**k. In fact, it is you who don't have your facts straight. Minnesota law states that the election can't be certified until all challenges are disposed of. Kudos to you, Mr. Chapman.
So Beverly, the hundreds of documented cases of votes being counted twice don't count huh ? Sure is funny that when a republican wins an election like this, he "stole" the election. But if it's a Democrat, then he deserves the victory. When even the NY Times has stories about what a scam this election was, you have to pay some attention. What hypocrisy. I say Coleman should take this matter through the courts all the way to the Supreme Court ala Al Gore........and - I lived in MN most of my life and I can tell you that I know the issues and the people of MN better than Franken anyway.
Franken is the official winner now, but Norm Coleman has every reason to contest still because the process was not transparent enough in many counties for Coleman to know whether or not all absentee ballots were correctly included in the counts. Some counties refused to let Coleman see the absentee ballot applications and ballot envelopes. Without being able to view those items in all counties, I applaud Coleman's efforts to try to achieve better election transparency and verifiability in MN.
http://www.youtube.com/watch?v=ZppOhCSRyFw Halarious. Coleman thinks Al should refuse a state required recount, but after the recount wants to prolong the election with a lengthy legal battle for the seat. What happened to the need to move on and let the healing process begin. Hypocrite of historic proportions.
"Franken is the official winner now, but Norm Coleman has every reason to contest still because the process was not transparent enough in many counties for Coleman to know whether or not all absentee ballots were correctly included in the counts. Some counties refused to let Coleman see the absentee ballot applications and ballot envelopes. Without being able to view those items in all counties, I applaud Coleman's efforts to try to achieve better election transparency and verifiability in MN." Another good example of corrupt action in politics. I appears that Al baby just cannot accept the fact that Mn taxpayers decided at the polls who they wanted. So add recounts, more recounts, oh yes and non-registered people to influence his outcome. Now he wants another Democrat to decide and the court. That should tell the voters what is going on there...What a joke this race has become. On yes, and I live in Indiana...
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