Underdog

Tuesday, June 30, 2009

Democrats Now Hold Majority in Senate !

Minnesota court declares Franken Senate winner
By Aaron Blake ~Posted: 06/30/09


Minnesota’s Supreme Court ruled Tuesday that Democrat Al Franken is the winner of the state’s Senate race and should be awarded a certificate of election, paving the way for Franken to be seated.Franken would be the 60th Democratic vote in the Senate, giving the party the ability to override GOP filibusters without needing a Republican senator to cross over. “For all of the foregoing reasons, we affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under (state law) to receive the certificate of election as United States Senator from the State of Minnesota,” the Supreme Court’s ruling states. Minnesota Gov. Tim Pawlenty (R) has suggested that he would follow the court’s lead on whether to sign a certificate of election. Without the certificate, Democrats have declined to attempt to seat Franken.“We expect that ruling any day now,” Pawlenty said Sunday on CNN’s "State of the Union." “I also expect them to give guidance and direction as to the certificate of election. I’m prepared to sign it as soon as they give the green light.”Shortly after the Supreme Court’s decision was handed down, Democratic leaders called on Pawlenty to make good on his promise.“We’ve always said that Norm Coleman deserved his day in court, and he got eight months,” said the chairman of the Democratic Senatorial Campaign Committee (DSCC), Sen. Bob Menendez (N.J.). “Now we expect Gov. Pawlenty to do the right thing, follow the law, and sign the election certificate.”Senate Majority Leader Harry Reid (D-Nev.) said he looked forward to Franken’s seating.“The people of Minnesota will now finally get the brilliant and hardworking new senator they elected in November and the full representation they deserve,” Reid said.Coleman was the leader after Election Day, but a recount showed Franken overtaking him. A three-judge panel then affirmed Franken’s victory, which led to Coleman’s appeal to the state Supreme Court.Coleman can still file suit in federal court, which could feasibly issue an order preventing Franken from being seated. That seems less likely, though, now that the state Supreme Court has said Franken should be issued an election certificate. It’s not yet clear whether Coleman will pursue further legal action, as his legal bills mount and public patience with his eight-month-old challenge wanes.The former senator has seen several members of his staff disperse in the last few months including, recently, his campaign manager.Justices ruled against Coleman on each of the five issues his campaign raised, calling the board of canvassing certification "prima facie evidence that Franken ... has been elected" to the Senate.Coleman's legal team argued their due process rights were violated when a trial court did not require total compliance with statutes involving absentee voters, and that different applications of statutory requirements violated Coleman's equal protection rights.Coleman also alleged the lower court had erred in excluding certain evidence, refusing to count more absentee ballots and by including vote tallies from a specific Minneapolis precinct in which ballots were lost.

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