The Coleman/Franken Show Drags On

By: Brian Montopoli
Topics: Election 2008

(CBS/AP)

There are three things you can count on in life: Death, taxes, and the fact that the Minnesota Senate race, much like the typical middle school talent show, will seemingly never end.

The latest development in the nearly-seven-month-long saga comes today, as lawyers for former Senator Norm Coleman ask the Minnesota Supreme Court to overturn Democrat Al Franken's slim victory over his Republican rival.

Here's a brief recap of the situation so far: On November 4th of last year - that's nearly seven months ago - Minnesota voters cast their ballots. The initial results showed a narrow Coleman victory, but the tight outcome triggered an automatic recount - after which Franken had a narrow lead.

Then came months of legal wrangling, which culminated in a judicial panel declaring Franken the winner of the election by 312 votes. Coleman appealed that decision, which is why the case now stands before the state Supreme Court.

Coleman favored a quick resolution to the case when he was ahead, and called for Franken to drop out following Election Day for the good of the people of Minnesota. Polls show that the people of Minnesota now want Coleman to give up his effort, though he is showing no signs of doing so. As WCCO points out, the legal back-and-forth has resulted in the longest Senate vacancy in 34 years.

Coleman's team's argument today rests on inconsistencies involving absentee ballots; the Associated Press quotes his lawyer arguing that "twelve thousand citizens who made good-faith efforts to vote were disenfranchised, with a variety of reasons." Judges have reportedly responded skeptically to the argument thus far.

In the unlikely event that Coleman wins, it "could keep his hopes alive and delay a final decision for months," according to the Star-Tribune. If he loses, there will be increasing pressure on Minnesota's elected officials to grant Franken an election certificate so that he can join the Senate. If and when he does, it will mean Democrats have sixty votes in the chamber, a filibuster-proof majority.

Coleman and Franken aren't the only politicians with a lot at stake here. Following the state Supreme Court ruling, Minnesota Republican Gov. Tim Pawlenty may be in the awkward position of either siding with Coleman, which would anger Minnesotans sick of the protracted legal battle, or with Franken, which would anger the national Republicans whose support Pawlenty needs if, as rumored, he wants to run for national office.

There is no deadline for the state supreme judges to rule – one former justice told the Tribune that "the impatience of the people just has to be put aside." And Coleman could still appeal to the Supreme Court, though the justices could decline to hear the case.

Brian Montopoli
Brian Montopoli is the senior political reporter at CBSNews.com.
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by starleo146 June 2, 2009 5:43 PM EDT: i THOUGHT YOUR POST WAS VERY GOOD. I just wish some law would come into effect to never have this happen again when you have a republican governor a republican supreme court it gives me great pause to wonder. Coleman never accomplished anything when he was in the Senate except be totally involved with the Bush v.Gore election so I suppose he will go all the way to our Supreme court. It is a shame Franken has been denied his right to serve, voted by the people of Minnesota. Be interested in who is paying his legal bills I know he (Coleman isn't he got backing from someone, or maybe even the RNC; Reply to this comment


by actornaught June 2, 2009 10:29 AM EDT: ...remembering it the next few times they vote should prove helpful.
Posted by tmn at 12:01 AM : Jun 2, 2009

As with everything the 'pubs manage to do, mock outrage and constipated politics, more and more heretofore swing voters will vow never to vote republican again.; Reply to this comment


by abbe91 June 2, 2009 9:16 AM EDT: Seems the Democrats are sore winners. I mean if I had a dime for all your negative postings I would be rich.
Posted by DemsCry at 4:54 AM : Jun 2, 2009

Not if you have to pay a dime for each of the red, red whine posts.; Reply to this comment


by abbe91 June 2, 2009 9:14 AM EDT: "They should throw all those votes out and hold a special election and have it decided..."

Not what the Minnestoa law says ...

"It's pretty evident shenanigans went on in the November election."
Posted by IThoughtItWasFunny at 6:06 AM : Jun 2, 2009

Not what Friedberg (Coleman's atorney) says ...; Reply to this comment


by DemsCry June 2, 2009 7:59 AM EDT: And if the citizens of MN are getting fed up with Coleman antics (as they should), remembering it the next few times they vote should prove helpful.
Posted by tmn

Are you serious? The next few times they vote? God are you that lame?? You must really wake up to reality; Reply to this comment


by DemsCry June 2, 2009 7:54 AM EDT: Good ole' GOP sores loosers!! If they wait long enough they'll be having another election anyway.
Posted by labrat9999

Seems the Democrats are sore winners. I mean if I had a dime for all your negative postings I would be rich.; Reply to this comment


by abbe91 June 2, 2009 5:05 AM EDT: "(...) There are a number of Democrats who are privately very concerned that this is continuing now well into a month.
Al Gore, at this rate, is going to become -- will be remembered as the Tonya Harding of American presidential history,
unwilling to accept the results after we've had a count, a recount, and a selected hand recount in overwhelmingly
Democratic areas.
The American people are saying through the surveys: It's time to bring it to a conclusion.

SEN. MITCH MCCONNELL (R), KENTUCKY
December 4, 2000"

Guess who's now the Tonya Harding of the Senate History ?; Reply to this comment


by tmn June 2, 2009 3:01 AM EDT: In the end, I think the score will be:

Franken - Won
Coleman - Nothing

And if the citizens of MN are getting fed up with Coleman antics (as they should), remembering it the next few times they vote should prove helpful.; Reply to this comment


by bradkt1 June 2, 2009 12:40 AM EDT: I said a long time ago that Franken would be seated...and he will be. The Minnesota Supreme Court is like any other court...they don't want to have anything to do with influencing the outcome of an election one way or the other unless they absolutely have to. They only absolutely have to if the Coleman camp produces clear evidence that not only did some type of voter fraud or other voter-related misconduct occur, it was of a magnitude that it clearly altered the outcome of the election. This is a very heavy legal burden and it is very rare for a candidate contesting the outcome of an election to win in court...very rare. The burden that the Coleman camp has to carry is much more than what you suspect or believe happened...you have to prove it. In that respect, it's very much like what the Supreme Court did in Bush v. Gore. The Gore camp had some ancedotal evidence, but it wasn't enough and they had more than the Coleman camp has.

Today, the Minnesota Suupreme Court clearly signaled that it was going to rule against Coleman and this is a Republican-dominated court. Even the most conservative justice stated that all the Coleman camp had was legal theory.

There are too many important issues being debated in the U.S. Senate today for Minnesota to have only one senator. This is not fair to them...they deserve to be represented. For those who were on the losing side, there is always another election.

The Democratic majority in the U.S. Senate should seat Al Franken as the U.S. Senator from Minnesota if the Minnesota Supreme Court rules in his favor immediately.; Reply to this comment


by armyoftwelve June 1, 2009 8:09 PM EDT: I serve on the voting board in my town. Years ago we purchased optical scanners to count votes and they work great. You mark a ballot that is very big and easy to read for the old folks. When you step inside of the voting booth you are provided with a Sharpie-type marker and you fill in the appropriate bubble to note your choice. They work great!

What the states need to do is force towns with arcane
ballots to get a system that allows for less error and easier recounts. If the towns refuse to go along, they should be forced to PAY for their share of a recount.; Reply to this comment