Franken request for speedy path to Senate seat shot down

Democrat Al Franken was quickly rebuffed Monday, after asking that Minnesota's governor and secretary of state speedily issue an election certificate that would enable him to take office in the U.S. Senate.

In letters the campaign sent to Republican Gov. Tim Pawlenty and Democratic Secretary of State Mark Ritchie, Franken's lawyers argue that a seven-day waiting period referenced in state law has passed and he should get the signed certificate. Franken led Republican Norm Coleman by 225 votes after a statewide recount that was completed last Monday.

"The people of Minnesota are down a senator in the U.S. Senate. This is an opportunity for Governor Pawlenty and Secretary Ritchie to ensure the interests of all Minnesotans are represented in Washington," Franken lawyer Marc Elias told reporters in a conference call.

Governor Tim Pawlenty quickly issued a statement that read "I have a duty to follow state law and our statutes are clear on this issue. I am prohibited from issuing a certificate of election until the election contest in the courts has been resolved."

The statement refers to a lawsuit by the Coleman campaign over the result of the recount. Franken's legal team disputes the notion that the lawsuit can be used to "excuse, suspend or operate to delay the issuance of the certificate of election."

Ritchie was even more resolute in his response. "Minnesota law is very clear on when a certificate of election can be issued. Neither the governor nor I may sign a certificate of election in the U.S. Senate race until all election contests have reached a final determination. Even if the governor issues a certificate of election prior to the conclusion of the contest phase, I will not sign it."  

The Coleman petition claims irregularities on Election Day and during the recount cost the Republican the election.

"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," commented Coleman Campaign manager Cullen Sheehan. "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."  

Franken's campaign was due to file a response to the lawsuit later Monday. Elias characterized the Coleman action as "riddled with errors that are fatal to much if not all of the claims made in the petition."

By law, a trial on the lawsuit must start within three weeks of its filing, which occurred last Tuesday. It will be heard by a three-judge panel that has not yet been named.

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