Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: lewisglad
Is there a scenario where the Senate itself can essentially decide which candidate to seat? If so,Coleman should start making career plans today.
96 posted on 11/23/2008 6:24:38 PM PST by Gay State Conservative (Obama:"Ich bin ein beginner")
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Gay State Conservative

I don’t believe the U.S. Senate has a say in who gets to be Minnesota’s senator if the election doesn’t get certified by Jan 20th. There is a “safe-harbor day” (Dec 9th) by which all the states have to certify their electoral college results for the presidential election or else the Senate decides for them, but I can’t find anything similar for Senate races.

I suspect that it can drag on for as long as one side doesn’t concede and continues filing law suits — even after the state has certified the election. Once certification happens (and there may be lawsuits filed in an attempt to delay that) then I suppose the declared winner can take his place in the US Senate.

It’s just a guess, but if the Supreme Court later decides that some votes were disqualified improperly and counting them was enough to change the result, then Minnesota would have to comply, but I suspect the Supreme Court would be extremely reluctant to get involved in a state election issue unless there was a very obvious miscarriage of justice.

Bottom line, I believe, is that the final say will be in the hands of Minnesota’s state government officials, not the U.S. Senate.


98 posted on 11/23/2008 11:46:54 PM PST by tyke
[ Post Reply | Private Reply | To 96 | View Replies ]

To: Gay State Conservative

Yes. In 1974, the Republican candidate in NH was the certified winner by 4 votes. The Democrat senate refused to recognize the results and a ‘do over’ election was held, which the Democrat won.

It is right in the Constitution that each House is the final judge of the elections of its own members.


102 posted on 11/24/2008 11:16:53 AM PST by Chet 99
[ Post Reply | Private Reply | To 96 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson