Officials turn down Franken request in Senate race
Last Updated: Monday, January 12, 2009 | 4:48 PM ET
The Associated Press
Related
Internal Links
Democrat Al Franken was quickly turned down Monday when he asked Minnesota's governor and secretary of state to issue an election certificate that would let him take office in the U.S. Senate.
In letters the campaign sent to Republican Gov. Tim Pawlenty and Democratic Secretary of State Mark Ritchie, Franken's lawyers argued that a seven-day waiting period for issuing the certificate after an election has passed and he should get the signed certificate. But the state officials said their hands were tied by state law and they could not act.
Franken led Republican Norm Coleman by 225 votes after a statewide recount that was completed Jan. 5.
Coleman is suing over the result, claiming there were irregularities on Election Day and during the recount.
Minnesota law prevents officials from issuing an election certificate until legal matters are resolved. But Franken's legal team argues that federal election law entitles Franken to receive the certificate before the lawsuit is settled.
"The people of Minnesota are down a senator in the U.S. Senate. This is an opportunity for Gov. Pawlenty and Secretary Ritchie to ensure the interests of all Minnesotans are represented in Washington," Franken lawyer Marc Elias told reporters in a conference call. He didn't rule out a lawsuit.
In a statement, Ritchie said state law requires him and the governor to turn down Franken's request.
"Minnesota law is very clear on when a certificate of election can be issued. 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," Ritchie's statement read.
The statement didn't specifically address Franken's argument that federal law supercedes the state law.
'He can't and won't be seated in a seat he didn't win'
Pawlenty echoed Ritchie, saying it is clear the law won't allow him to issue a certificate while the race is being contested in court.
Coleman campaign manager Cullen Sheehan dismissed the move as a power play meant to get around Franken's need to defend the election outcome in court.
"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," Sheehan said.
Franken's campaign was due to file a response to Coleman's lawsuit later Monday. Elias characterized the Coleman action as "riddled with errors that are fatal to much if not all of the claims made in the petition."
By law, a trial on the lawsuit must start within three weeks of its filing, which occurred last Tuesday. It will be heard by a three-judge panel that has not yet been named.
Share Tools
Top News Headlines
- Ottawa wins appeal to block RCMP union
- Ontario's Court of Appeal has overturned a 2009 ruling that said it was unconstitutional to prevent members of the RCMP from forming a labour association. more »
- 2,000 jobs cut as GM to close Oshawa plant
- The Canadian Auto Workers union says General Motors is going ahead with plans to close its consolidated plant in Oshawa, Ont. more »
- Diamond Jubilee: Your photos of royal encounters
- The CBC Community team asked you to submit your best photos of the Queen's visits to Canada, or visits by any member of the Royal Family. The result was tremendous! more »
- Flooding closes Toronto subway hub Union station
- The Toronto Transit Commission has closed a portion of the Yonge Street subway line because of what it says is severe flooding at Union station. more »
Latest World News Headlines
- Gaza border clash kills Palestinian militant, Israeli soldier
- A Palestinian militant infiltrated into Israel and set off a shootout that left the infiltrator and one Israeli soldier dead, the military says. more »
- Mistrial declared in John Edwards case
- The campaign fraud trial of disgraced former U.S. senator John Edwards ended on Thursday with an acquittal on one of six counts and a mistrial declared on the remaining charges. more »
- Diamond Jubilee: Your photos of royal encounters
- The CBC Community team asked you to submit your best photos of the Queen's visits to Canada, or visits by any member of the Royal Family. The result was tremendous! more »
- How manhunts work
- A nation-wide manhunt, like the one being undertaken to find suspected killer Luka Rocco Magnotta, is a highly co-ordinated exercise that isn't quite as gritty or dramatic as it may seem in TV police shows. more »
Dispatches »
- Child "bomberitos" on Peru's most dangerous highway May. 31, 2012 3:34 PM The bomberito children of the Andes hitch homemade carts to passing transport trucks -- to aid motorists and victims of disasters in mountains that were once the domain of Peru's Shining Path rebels. They risk their lives for tips that help feed their families.
Connect Newsroom Blog
The Hunt for Magnotta and #bullyPROOF May. 31, 2012 7:32 PM Tonight we'll take you deep inside the dark recesses of the internet for a closer look what's being posted and who watching it.
- Body-parts victim ID'd as Chinese student in Montreal
- Edmonton teacher suspended for giving 0s
- Owner defends 'gore' site connected to Luka Magnotta
- New duty-free limits will challenge Canadian retailers
- Quebec student talks collapse and more protests loom
- Tree faller plunges to death as bucket breaks
- Bear pulls corpse from car near Kamloops
- Copyright board to charge for music at weddings, parades
- Last chance to see Venus transit across sun

