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Two Senate Seats Remain Locked In Controversy
By Joe Murray, The Bulletin
Although senators were sworn in last week at the start of the 111th Congress, two Senate seats remain locked in controversy as Illinois Gov. Rod Blagojevich scored a victory against Senate Democrats and as Minnesota prepares for an intense legal battle that could last until March.
In a move Republicans called outrageous, Democrat Al Franken requested Mark Ritchie, Minnesota’s Democratic Secretary of State, certify his election victory despite incumbent Republican Norm Coleman’s pending lawsuit challenging the recount process.
In a letter to Mr. Ritchie and Gov. Tim Pawlenty, R-Minn., attorneys for Mr. Franken argued both parties were legally obligated to sign. In their interpretation of the law, Mr. Franken should be certified as the winner of the race because seven days have elapsed since the state’s Canvassing Board declared the Democrat the winner by a slim 225 votes out of the estimated 2.9 million cast.
“We believe the law is clear,” Franken attorney Marc Elias said in a conference call with reporters. Mr. Elias believes the law dictates Minnesota officials certify the election even though Mr. Coleman filed a lawsuit challenging the outcome within the time provided by statute. Mr. Ritchie was not persuaded.
“Minnesota law is very clear on when a certificate of election can be issued,” he said in a prepared statement. “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.”
Mr. Pawlenty, however, showed no signs of issuing such a certificate.
“I have a duty to follow state law and our statutes are clear on this issue,” he said. “I am prohibited from issuing a certificate of election until the election contest in the courts has been resolved.”
The Coleman camp, as well as national Republicans, blasted the move and argued Mr. Franken’s demand was outrageous and not within the spirit of a fair 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,” Coleman campaign manager Cullen Sheehan said.
“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. The totals certified by the state canvassing board include double counted votes, inconsistencies regarding rejected absentee ballots, and inconsistent handling of newly discovered and missing ballots. These are serious issues that both the canvassing board, and the Minnesota Supreme Court directed be handled in an election contest, and that will go forward as required.”
Since the Canvassing Board declared Mr. Franken the winner, some Senate Democrats have floated the idea of temporarily seating the Democrat until the court cause is concluded. Republicans promised to filibuster any such attempt and expressed outrage Democrats would even consider such a move.
“Al Franken’s outrageous attempt to seat himself in the U.S. Senate without an election certificate is an insult to Minnesotans and all those who believe in the rule of law,” said RNC chairman Mike Duncan. “While Franken has unfairly been the beneficiary of double-counted votes, ‘missing’ ballots, and inconsistent standards regarding absentee ballots, he’s clearly concerned he will lose his artificial lead as this process moves forward.”
Meanwhile, top Democrats in the Senate handed Mr. Blagojevich a victory when they announced Mr. Burris had satisfied the necessary requirements replace President-elect Barack Obama in the Senate. Mr. Blagojevich’s appointment of Mr. Burris following the governor’s arrest for allegedly having tried to sell the vacant Senate had placed Democrats in a bind. Consequently, Mr. Burris was turned away when senators were sworn in last week.
“The Secretary of the Senate has determined that the new credentials presented today on behalf of Mr. Burris now satisfy Senate Rules and validate his appointment to the vacant Illinois Senate seat. In addition, as we requested, Mr. Burris has provided sworn testimony before the Illinois House Committee on Impeachment regarding the circumstances of his appointment,” Senate Majority Leader Harry Reid and Assistant Majority Leader Dick Durbin said in a statement released Monday.
Senate Democrats said they were in contact with Mr. Burris and, barring an objection from Republicans, Mr. Burris will be “sworn in and formally seated later this week.”
Joe Murray can be reached at jmurray@thebulletin.us.
In a move Republicans called outrageous, Democrat Al Franken requested Mark Ritchie, Minnesota’s Democratic Secretary of State, certify his election victory despite incumbent Republican Norm Coleman’s pending lawsuit challenging the recount process.
In a letter to Mr. Ritchie and Gov. Tim Pawlenty, R-Minn., attorneys for Mr. Franken argued both parties were legally obligated to sign. In their interpretation of the law, Mr. Franken should be certified as the winner of the race because seven days have elapsed since the state’s Canvassing Board declared the Democrat the winner by a slim 225 votes out of the estimated 2.9 million cast.
“We believe the law is clear,” Franken attorney Marc Elias said in a conference call with reporters. Mr. Elias believes the law dictates Minnesota officials certify the election even though Mr. Coleman filed a lawsuit challenging the outcome within the time provided by statute. Mr. Ritchie was not persuaded.
“Minnesota law is very clear on when a certificate of election can be issued,” he said in a prepared statement. “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.”
Mr. Pawlenty, however, showed no signs of issuing such a certificate.
“I have a duty to follow state law and our statutes are clear on this issue,” he said. “I am prohibited from issuing a certificate of election until the election contest in the courts has been resolved.”
The Coleman camp, as well as national Republicans, blasted the move and argued Mr. Franken’s demand was outrageous and not within the spirit of a fair 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,” Coleman campaign manager Cullen Sheehan said.
“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. The totals certified by the state canvassing board include double counted votes, inconsistencies regarding rejected absentee ballots, and inconsistent handling of newly discovered and missing ballots. These are serious issues that both the canvassing board, and the Minnesota Supreme Court directed be handled in an election contest, and that will go forward as required.”
Since the Canvassing Board declared Mr. Franken the winner, some Senate Democrats have floated the idea of temporarily seating the Democrat until the court cause is concluded. Republicans promised to filibuster any such attempt and expressed outrage Democrats would even consider such a move.
“Al Franken’s outrageous attempt to seat himself in the U.S. Senate without an election certificate is an insult to Minnesotans and all those who believe in the rule of law,” said RNC chairman Mike Duncan. “While Franken has unfairly been the beneficiary of double-counted votes, ‘missing’ ballots, and inconsistent standards regarding absentee ballots, he’s clearly concerned he will lose his artificial lead as this process moves forward.”
Meanwhile, top Democrats in the Senate handed Mr. Blagojevich a victory when they announced Mr. Burris had satisfied the necessary requirements replace President-elect Barack Obama in the Senate. Mr. Blagojevich’s appointment of Mr. Burris following the governor’s arrest for allegedly having tried to sell the vacant Senate had placed Democrats in a bind. Consequently, Mr. Burris was turned away when senators were sworn in last week.
“The Secretary of the Senate has determined that the new credentials presented today on behalf of Mr. Burris now satisfy Senate Rules and validate his appointment to the vacant Illinois Senate seat. In addition, as we requested, Mr. Burris has provided sworn testimony before the Illinois House Committee on Impeachment regarding the circumstances of his appointment,” Senate Majority Leader Harry Reid and Assistant Majority Leader Dick Durbin said in a statement released Monday.
Senate Democrats said they were in contact with Mr. Burris and, barring an objection from Republicans, Mr. Burris will be “sworn in and formally seated later this week.”
Joe Murray can be reached at jmurray@thebulletin.us.
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