Franken now ahead by 312!

[jenmito]

Andrea Mitchell just reported that's the lead after formerly rejected absentee ballots were counted. I'm sure Coleman won't let that go unchallenged. :eyes:

[kestrel91316]

1. Wow. Keep it up, Norm.

[jenmito]

2. He clearly lost. But that won't stop Norm from challenging.

[Spazito]

3. Slimy norm is taking it to the Minnesota Supreme Court, no surprise there...

They will lose there too IF the Court even takes the case at all, imo. Once the Minnesota SC rules or refuses to take the case, the process that has been holding Franken 'hostage' re his seat is over and the Senate should seat him.

[jenmito]

4. Won't/can't he take it to the US Supreme Court no matter what? n/t

[Spazito]

15. He can and, I have no doubt he will, but the election of a State's reps is a state issue...

and once the Minnesota SC deals with this, the legitimacy in holding back on Franken being seated in the Senate is at an end. The Governor of Minnesota has refused to say he will adhere to state law and officially recognize Franken as the successful candidate but the Senate can seat him given all all available appeals in the State have been decided and there is no legal justification for withholding anymore.

The Senate CAN seat him but will it? I sure hope so.

[davidpdx]

16. According to the Star Tribune, he was on MSNBC and said the process wasn't over yet

But Gov. Tim Pawlenty was quick to caution against jumping to any conclusions about the former senator's fate.

In an interview with MSNBC on Monday, Pawlenty told a reporter that "you shouldn't assume that Norm Coleman is going to lose the appeal. He has legitimate issues raised." Pawlenty speculated that an appeal could take "a month or two to decide." Even then, he said, "the federal process is available."

http://www.startribune.com/politics/national/senate/42532012.html?page=2&c=y

[Spazito]

20. Elections for State reps are a State issue...

Once normie's appeal to the Minnesota SC has been decided and Franken is the winner, there is NO legal reason for the Senate to withhold seating Franken whether pawlenty officially recognizes it or not.

An appeal to the USSC is outside the process mandated by the State of Minnesota to determine a winner in a State election and, legally, cannot be used as a reason for the Senate to continue to withhold seating Franken.

[davidpdx]

47. I hope this is the case

I don't like that chickenshit governor. It appears there might be a couple more weeks of this drama left though.

[Spazito]

48. A few weeks more for sure...

normie has 10 days to file his appeal to the Minnesota Supreme Court once the judge hearing his current appeal has filed his ruling. normie's appeal to the Minnesota Supreme Court will take precedence over all other matters before them so it should move relatively quickly. If the Court refuses to hear the case, it will be very quick as the ruling of the current judge will stand.

"The appeal from an election contest relating to the office of state senator or representative takes
precedence over all other matters before the supreme court. A copy of the decision must be
forwarded to the chief clerk of the house of representatives or the secretary of the senate, as
appropriate."

http://www.sos.state.mn.us/docs/2008_chapter_209_-_6-24-2008_final.pdf

[bdamomma]

26. did Pawlenty sell his soul on this issue, he sounds awfully sure

that Norm may get in, illegally of course.

[jenmito]

18. The Senate CAN seat him? Even if Pawlenty is against it? n/t

[Spazito]

24. Yes, they can, legally...

Once the final appeal has been completed, and assuming, as I do that Franken is deemed the winner either by the Minnesota SC refusing to take the case or adjudicating in Franken's favor, there is no legal reason for the Senate to withhold seating Franken. The appeal to the Minnesota SC is the completion of the process put in place re Minnesota state elections.

An appeal to the USSC may go ahead but it does not preclude, legally, the Senate seating Franken after the Minnesota Supreme Court renders a decision.

[jenmito]

25. Cool. I bet and hope that the Senate WILL seat him then...

after Norm's challenges are finished at the MN SC level. I remember Cornyn saying it would be WWIII if they try to seat Franken before ALL legal challenges have been exhausted, but Reid will seat Franken if he wants to remain Senator once his term's up.

[Spazito]

32. I really think the Senate will seat him once all normie's State appeals have been...

exhausted. Reid/the Senate were wise, imo, to let the legal process, set down by the State, be completed before seating Franken as it takes away the argument that the Dems short-circuited the process set down by the State.

[jenmito]

34. So do I, because if he doesn't...

that'll be the end of his Senate career.

[PBS Poll-435]

41. If the Governor refuses to sign the election certificate, can the MN Supreme Court compel him to?

nt

[Spazito]

43. It seems the Governor's signature is not needed to seat Franken...

If the Minnesota SC takes the case, once it has ruled on it, the following occurs:

"A copy of the decision must be forwarded to the chief clerk of the house of representatives or the secretary of the senate, as
appropriate."

It seems their ruling does not have to be sent to either the SOS or the Governor although, I am sure, it is done as a courtesy. Another interesting note is this:

"The appeal from an election contest relating to the office of state senator or representative takes
precedence over all other matters before the supreme court."

I guess normie can't stall this one too long IF the Minnesota SC does decide to take up the case.

If the Minnesota SC doesn't take up the case, the ruling by the judge in the current appeal will stand.

Link to the election law sections quoted:

http://www.sos.state.mn.us/docs/2008_chapter_209_-_6-24-2008_final.pdf

[PBS Poll-435]

45. Thanks for taking the time to respond

:yourock:

[Spazito]

46. You're very welcome! n/t

[ronnykmarshall]

22. And this fucker thinks people support him?

Does anyone in MN have polls about what people are thinking about this?

[Spazito]

35. That's a good question...

I haven't seen any polls posted on this question, it would be a good one. I wonder if it would mirror the close vote from the election or whether the citizens of Minnesota, including those who voted for normie, would indicate more support for the end of the appeals.

[AtomicKitten]

5. I'm not aware of any means to stop Normie from litigating this til the cows come home.

I can't find any provision in their state Constitution to limit it. Crap.

[Thrill]

7. Reid MUST seat him

[AtomicKitten]

10. I wonder if Reid can muster the balls it will take to do that.

I hope so.

[bdamomma]

28. but didn't Reid say at one time, Norm is gone, Norm cleaned out his Senate Office.

but again you never know with these sleazy repigs, sneaky bastards.

[ronnykmarshall]

23. He needs to grow a set first.

[phleshdef]

8. I'm counting on Coleman getting charged with misuse of campaign money soon...

I doubt he has much choice other than to give it up if that happens.

[AtomicKitten]

11. The FEC ruled donors can pay their legal bills.

The sky's the limit, apparently.

http://www.startribune.com/politics/national/senate/41720137.html

[phleshdef]

36. Scheisse, I missed that.

[jenmito]

12. And Pawlenty said yesterday that he won't certify the results until "either party"

has pursued all the challenges he wants.

[AtomicKitten]

13. Gawd they are epic a-holes! This is so frustrating.

x(

[jenmito]

14. I know. And he said it could be a FEW MONTHS before "anyone" is seated...

meaning Franken.

[davidpdx]

17. See #16 above for the link and text

Unfortunately you are right.

[jenmito]

27. The last paragraph states:

"The court case that has engrossed Minnesota and become national polticos' favorite daytime drama needs the kind of closure and sweep that only a state Supreme Court decision can provide, Ritchie said."

So maybe post #20 is right...I hope.

[ClarkUSA]

19. Coleman has indicated he'll appeal to the State Supreme Court. Pawlenty is fine with it, of course.

[bdamomma]

29. Pawlenty is up to his eyeballs in this one, what a jerk!!

[ClarkUSA]

33. He doesn't want to upset the base or his Congressional backers because of 2016.

[Spazito]

31. Here is some relevant information...

Subd. 4. Appeal. The judge’s decision may be appealed to the supreme court no later than
ten days after its entry in the case of a general election contest or five days after its entry in the
case of a primary contest. The record on appeal must be made, certified, and filed in the
supreme court within 15 days after service of notice of appeal. The appellant shall file in the
district court a bond of $500 for the payment of respondent’s costs if appellant fails on appeal.
The appeal from an election contest relating to the office of state senator or representative takes
precedence over all other matters before the supreme court. A copy of the decision must be
forwarded to the chief clerk of the house of representatives or the secretary of the senate, as
appropriate.

Subd. 5. Legislative hearing, procedure. In hearing a contest, the house or senate shall
proceed as follows:
(a) At the time appointed, the parties shall be called, and, if they appear, their appearance
shall be recorded.

(b) If the presiding officer is a party, a speaker pro tem must be elected to preside.

(c) The contestant shall submit evidence first, followed by the contestee, and the
contestant shall open the argument and close the argument after the contestee has been heard.

(d) The vote upon the contest must be viva voce, any member may offer reasons for an
intended vote, and a majority of the votes given decides the issue. No party to the contest may
vote upon any question relating thereto.

(e) The clerk or secretary shall enter the proceedings in the journal.

Subd. 6. Not a limitation. This chapter does not limit the constitutional power of the house
of representatives and the senate to judge the election returns and eligibility of their own
members.

http://www.sos.state.mn.us/docs/2008_chapter_209_-_6-24-2008_final.pdf

Note this final notation: "This chapter does not limit the constitutional power of the house
of representatives and the senate to judge the election returns and eligibility of their own
members."

[AtomicKitten]

50. thanks for the info

Rumor has it that the Minn SC can order the certification be signed by the SOS and the governor but Pawlenty is hemming and hawing on this currently, probably weighing his own political future as opposed to the needs of his state.

[Thrill]

6. Reid better get a backbone. After this count. We demand they seat Senator Franken

[nxylas]

30. The only way that would happen is if Franken had an R after his name

Reid would be falling all over himself to seat him then. In a spirit of bipartisanship, of course.

[HughMoran]

9. That's it biotches - Senator Franken - kick Coleboy to the curb.

:smoke:

[ronnykmarshall]

21. Tell Norm to piss off!

[e-mail]

[jenmito]

37. MN Sec. of State Mark Ritchie just said this race will end after the MN SC rules

on the winner after any appeals Coleman may try there. He said the Senate couldn't care less what Coleman wants to do after the MN SC rules. They WILL seat Franken if he's still ahead. I hope and think he's right. :bounce:

[Thrill]

38. When are they set to rule?

[jenmito]

39. I don't know. I guess it depends when Norm brings his case to them.

[Spazito]

42. He has 10 days to file his appeal to the Minnesota SC...

after the judge currently hearing the appeal issues written findings.

"The judge’s decision may be appealed to the supreme court no later than
ten days after its entry in the case of a general election contest..."


http://www.sos.state.mn.us/docs/2008_chapter_209_-_6-24-2008_final.pdf

I have NO doubt normie will wait until the last minute to file.

[jenmito]

49. Thanks for the info.!

I have no doubt, either. :hi:

[PBS Poll-435]

40. Best news I have heard all day!

AL!!!

:woohoo:

[Jennicut]

44. This is crap coming from the idiots who wanted Gore to stop challenging right off the bat

Lets get a Senator for Minnessota already.

[Phx_Dem]

51. How's that never-ending recount working out for ya, Norm?

Not so good. Maybe it's time to face reality. YOU LOST.

[jenmito]

52. kick-Olbermann going to cover how a conservative is saying Norm should give up. n/t

[jenmito]

53. Conservatives sites that think Norm should drop it already:

Editor of Powerline Blog and Blogger at The National Review Online.