If the state declares Coleman the winner, Reid cannot declare Franken the winner; Reid can only refuse to seat Coleman.
If that were to happen, I guess it would go back to the state, where the governor would appoint someone.
-PJ
You’re wrong. The House declared a Democrat the winner in an Indiana House race back in the 80s even though Indiana had declared the Republican the winner by a handful of votes. There is no formal appeal for this as each house of Congress has the final say on its membership. It’s just a matter of how much bad PR they are willing to take. Granted how few recall that Indiana theft, not to mention that Washington state rewarded the theft of their Governorship with reelection Reid may judge he can get away with such a coup.
Political Junkie Too:
I think that the Supreme Court would take the case if the Senate or House refused to seat a duly elected official who was not indicted or convicted of a felony.
Otherwise, the Republicans would have a good case to demand that Rep. Jefferson give up his seat, and the Rep. Hastings be ousted because of his impeachment (moral turpitude crime).
Don’t think the Dems want to open that door. Who knows? We might be able to get several Dems ousted as covert Communist Party members who had contact with the KGB and supported their operations. THERE ARE PHOTOS.
No need for the governor to appoint someone else, esp. someone who was not elected.