Minnesota court declares Franken Senate winner

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.

{mosads}“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.

{mosads}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.

Reid Wilson contributed to this report

This story was updated at 3 p.m.