In an election that’s been dragging on for five months now, Al Franken has widened his lead to an apparently insurmountable margin of 312, putting Coleman’s chances in the hands of a higher court. The trial court ruled that 351 previously rejected ballots should have been counted. When these were tallied up, Franken got 198 votes to Coleman’s 111, adding 87 to Franken’s razor thin margin. 42 of these votes were cast for other candidates, presumably with the majority of these going to Independence Party candidate, former Senator Dean Barkley. The three judge panel will issue a final ruling in the coming days, which at this point, almost surely will be in favor of Franken. Coleman has vowed an appeal, so if the Minnesota Supreme Court hears the appeal, don’t expect Amy Klobuchar to have a Senate colleague just yet.
One man who I think wants this whole thing to just go away is Minnesota Governor Tim Pawlenty. He is put in the unenviable spot of signing the election certificate of the eventual winner, and this looks like a no win situation for him. Pawlenty was on a lot of people’s list (including mine) of potential Republican Vice Presidential nominees, with that slot eventually going to Alaska Governor Sarah Palin. He is likely considering a challenge to President Obama in 2012, but how he handles this high profile story may affect his chances. Minnesota law states that an election certificate shall not be issued until the case is settled in court if necessary. This obviously includes the Minnesota Supreme Court, but legal experts differ on the question of a potential federal case. Election law has always been under the jurisdiction of the state, and federal courts rarely intervene (with the notable exception Bush v. Gore). If the state case gets settled in Franken’s favor, and the federal courts decide to take up the case, does Pawlenty issue an election certificate, and upset the people who may be nominating him for the promotion of a lifetime, or does he wait until the federal case is settled, thus alienating the electorate at large who would need to take the next step after the nomination?
One man who may be able to save Pawlenty from this dilemma is Senate Majority Leader Harry Reid. According to Article 1 Section 5 of the U.S Constitution, ”Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; ” If Reid would organize his caucus, they could seat Franken, but Reid hasn’t ever done anything to upset the Republican minority. Don’t expect him to go out on a limb with this one. I think we’ll be waiting a while to see the end of this one.