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To everything, even elections, there is a season

Last week's legal proceedings in the Coleman-Franken quagmire had the feel of a vernal equinox.

By LORI STURDEVANT, Star Tribune

Last update: April 12, 2009 - 8:34 AM

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It's that springiest of days, Easter Sunday. It has to be that the winter of Minnesota's longest election is almost over.

Oh, there might still be a day or two of chilly wind, both the literal and rhetorical kinds. A clipper of an appeal to the Minnesota Supreme Court is forecast for late April.

But last week's ceremonial opening and counting of 351 more ballots had the feel of a change of seasons. The season of tolerance for the arduous process of determining who won the U.S. Senate election last Nov. 4 is coming to an end.

When word emanated at noon Tuesday from Courtroom 300 at the state Judicial Center that Al Franken's lead over Norm Coleman had grown to 312 votes, increasingly impatient voters across this state must have muttered: "Enough."

Yes, DFLer Franken's 312-vote lead out of almost 3 million votes cast is exceedingly narrow, even in this politically purple place. But -- despite lawyerly fog suggesting otherwise -- Minnesota's election system is up to the task. This is not an election in which the winner cannot be determined, certified and seated.

The determination phase seemed to be winding up last week. What remains is the posting of the prose of the three judges who have entertained Coleman's contest for eight weeks, and one last look-see by the Minnesota Supreme Court.

The argument that Coleman's attorneys say they will take to the state's high court is an odd one. They claim that some already counted absentee ballots didn't comply with the law's requirements -- though they can't be certain about that. They can only surmise it from what county election officials said about how they applied the law on election night.

They ask the court to believe that flawed ballots were counted, and then to allow the counting of about 4,400 similarly flawed ballots that were rejected on election night.

This is akin to saying that because some state troopers give speeding drivers warnings rather than traffic tickets, and since one can surmise that some of those warnings should have been tickets under a strict interpretation of the law, all speeding tickets should be converted to warnings.

I'm not an attorney. But I don't recommend challenging a speeding ticket in court with that line of reasoning.

A state Supreme Court ruling -- and pray, make it quick-- should be the final word on who won this thing. The certifying and seating of a senator ought to follow hard on its heels.

The state Supreme Court seems to think that's the rightful sequence. It said in a unanimous decision last month, "a certificate of election cannot be issued until the state courts have finally decided an election contest." The key words: "state courts."

Granted, a federal court case is an option for a politician who can tap his national party's deep pockets. But a federal case, running way into the summer and maybe fall, would amount to putting his legal right -- and his party's interest in delay -- ahead of Minnesota's constitutional right to be represented by two senators.

It would almost necessarily involve bashing the good name of Minnesota's election process. There'd be more attorneys like Ben Ginsberg last week, alleging problems with election administration so significant that "you can't tell who won."

The Norm Coleman who addressed Minnesotans the day after the election wouldn't approve. That guy said:

"Minnesota is known across the country as the home of clean, efficient and fair elections. I have great confidence in the Minnesota system. I have confidence, whether I would have won or lost. I've run a lot of races. I've never questioned the way in which our election system works."

And: "I'm hopeful that as we go through any recounts and certifications that may occur, we proceed in a Minnesota manner, a respectful review, with the hope of early resolution, and then get on with fixing what's broke in this country."

It was fall when Minnesotans last heard from that selfless fellow. He evidently left with the snowbirds. He's due back.

• • •

Last week's column could have more clearly explained Rep. Jim Abeler's position on capping compensation to providers of health care and human services. Several people who do such work let me know that their fees are already capped.

True enough, said Abeler, R-Anoka, himself a chiropractor. But some providers charge government for many more office visits, tests and procedures than others do to treat similarly situated patients. The cap he has in mind would limit those charges. That idea is part of the payment reform proposals advanced last year by two bipartisan commissions, one of which included Abeler.

Lori Sturdevant is a Star Tribune editorial writer and columnist. She is at lsturdevant@startribune.com.

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