If the battle between Republican Tom Emmer and Democrat Mark Dayton drags on, get ready for a careful reading of the words "chosen and qualified."

Here's the issue: Minnesota law says that in a contested election no one gets an election certificate until the contest is complete. That could mean that if, after a gubernatorial recount, Dayton is ahead, he wouldn't be certified if Emmer files a lawsuit over the election results.

If that happened, the assumption, among experts, candidates and the governor, has been that, Gov. Tim Pawlenty would stay in office because the constitution says: "The term of office for the governor and lieutenant governor is four years and until a successor is chosen and qualified."

But Friday, a Dayton attorney said they are "investigating" that assumption.

"We're looking into that," said Dayton attorney Charlie Nauen.

He said if at the end of the recount, Dayton is ahead in votes, as he is now, a reading of the constitution may say that he should be seated come January 3, the normal date to take office.

"Chosen is the top number of votes and qualified -- he certain is qualified," Nauen said.

The law, which has lesser force than the constitution, is the one that bans a winner from getting an election certificate in the case of a contest. The constitution is the one that specifies "chosen and qualified."

The examination of those words would only come up "if necessary" Dayton attorney David Lillehaug said.

Friday, the Dayton team underscored their belief that it will be "mathematically impossible" for Emmer to overcome Dayton's current 8,755-vote lead unless there major completely unknown, unsignaled problems surface.

The comment from recount manager Ken Martin came as all 87 counties finished canvassing their votes and found, according to the Dayton campaign, the numbers "virtually unchanged" from the initial count when all counties had reported their results last Wednesday.