Thursday, April 09, 2009

When is a Certificate Issued?

Statute states:
In case of a contest, an election certificate shall not be issued until a court of proper jurisdiction has finally determined the contest.
And the State Supreme Court has already clarified this in a previous ruling (PDF):
Minnesota Statutes § 204C.40, subd. 2 (2008), which provides that a certificate of election cannot be issued until the state courts have finally decided an election contest pending under chapter 209, applies to an election for the United States Senate.
Repeat, 'until the state courts have finally decided'

So, should former Senator Coleman go to the State Supremes, as he should *grin* when they deny his petition, they will also order a certificate be issued. His only hope at that point is if a Federal Judge orders a stay of the issuance. Highly unlikely.

Now, the former Senator is certainly within his right to peruse Federal options, but he'll be doing that with a Senator Franken seated in the chamber, not a Candidate Franken.


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