Minnesota Senate Race, Plagued With Defects, Could End in Supreme Court or Revote

usnews.com ^ | March 2, 2009 | Michael Barone

[Free ThinkerNY]

Will the Minnesota Senate race end up in the U.S. Supreme Court? Here's an article saying it might. Gov. Tim Pawlenty says Sen. Norm Coleman has "a plausible chance, a decent chance" to prevail. He says a second election is "highly unlikely" under Minnesota law. But couldn't that law be changed?

My understanding is that the legal case currently before a three-judge panel is hopelessly compromised. Previous rulings in different counties have been inconsistent, with ballots with one kind of alleged defect counted in some counties and ballots with the same kind of alleged defect not counted in others. Most of the inconsistent rulings have tended to favor Democratic-Farmer-Labor Party candidate Al Franken, which is why he has overcome the lead Coleman had when the votes were being tabulated in November. Some allegedly defective ballots have been counted and then commingled with others, so that the decision to count them cannot as a practical matter be reversed. This would seem to me to raise equal-treatment problems as described in Bush v. Gore , even if the Supreme Court tries to say that Bush v. Gore was a one-of-a-kind case and not really precedent.

If the Minnesota courts ultimately issue a certificate of election declaring Franken the winner, then I think Majority Leader Harry Reid will move to seat him; if they issue a certificate declaring Coleman the winner, then I think Reid will get the Senate to refuse to seat him. In that case, another election will be necessary, as occurred in New Hampshire in 1975. In that contest, the Democrat, John Durkin, won the special by a significant margin, and held the seat until he was defeated for re-election by Warren Rudman in 1980.

Who would win a special election in Minnesota? It's not clear.

[smokingfrog]

Re-vote. PLLEEEAAAASE!

[ontap]

I vote for a revote, without Odumba on the ticket Franken is a dead duck!!!

[CPT Clay]

Revote is good.

Add revote in Illinois....

[kingu]

We're a pretty technologically savvy nation, but really, is this the best we can do? Election after election, if it becomes close, becoming helplessly mired in politics? Every area where ballots have to be examined should result in actual accountability from those people who's job it was to make sure that the voting was successfully accomplished. Questionable ballots? There’d better be no reason why those ballots were questionable on the part of election officials, or someone should be fired.

It's funny how we can absolutely demand the firing of people if our American Idol ballots become compromised, but we do not hold our government anywhere near to the same standards. If they don't take their job seriously, we seriously should take their jobs.

[Red Steel]

Who would win a special election in Minnesota? It's not clear.

The way Obama is tanking the economy, my money is on Coleman.

[KamperKen]

The way Obama is tanking the economy, my money is on Coleman.

And in a landslide.

[2001convSVT]

A re-vote is the only action that will being this to a calm conclusion.

[Oldpuppymax]

No idea how this will turn out, but I’m damn glad that Coleman stood up for himself, his constituents and the American people. But given the current thugocracy, he’d better have a remote car starter.

[Boiling Pots]

If we have a re-vote, can we please get a Republican who is against the bailouts???

[taxcontrol]

Any time there is not a majority winner, there should be a revote with the highest two vote receiving candidates.

[jimfree]

Revote, absolutely! Is that remedy available in the case? It was not in Washington in 2004.

[adgirl]

My prediction is that in a re vote Coleman will win 65% to 35%. You can just tell by the way no one is in a hurry to have Franken declared the winner that many, many people are wanting an opportunity for a redo!

[KamperKen]

"My prediction is that in a re vote Coleman will win 65% to 35%. You can just tell by the way no one is in a hurry to have Franken declared the winner that many, many people are wanting an opportunity for a redo!

My 'gut' tells me that you're probably right on what the margin would be in a re-vote. Shock waves would reverberate through the entire Democratic Party giving them a taste of things to come. Good point about the 'foot dragging' as a sign of the inclination of the electorate.

[PMAS]

REVOTE all the way!

Franken has no chance in re-vote.