Coleman appeal ready; Franken hiring

By KEVIN DUCHSCHERE, Star Tribune

Last update: April 30, 2009 - 11:41 AM

Republican Norm Coleman will submit his best arguments today to the state Supreme Court on why a lower court got it wrong when it declared DFLer Al Franken the winner of Minnesota's Senate election, just as the party defection of another GOP senator has upped the national ante in the contest.

Meanwhile, Franken, who says he is confident he will prevail, took another step Wednesday toward becoming senator-elect in fact as well as in theory when he announced that he has named a longtime Capitol Hill operative and lobbyist as his Washington chief of staff.

Franken's choice is Drew Littman, head of the consulting firm Littman Associates and a part-time political science instructor at American University. Littman headed Franken's informal transition effort and has helped several newly elected Democratic senators get started on the right foot.

Last week, Franken appointed former congressional staffer and DFL activist Alana Petersen to serve as his state director. The hirings are contingent on whether Franken is eventually certified as winner of the Senate election.

That won't happen until at least June, after the state high court hears arguments in Coleman's appeal of the lower-court ruling that said Franken finished on top by 312 votes.

The first step in the appeal occurs today, when Coleman's lawyers submit their brief. Franken's brief is due by May 11, and Coleman's reply by May 15. Arguments are scheduled for June 1.

In an interview two weeks ago, Coleman said his appeal will be based on the argument that different standards used for judging identical absentee ballots took the vote away from legitimate voters. It is unconstitutional to count or not count a vote because of where someone lives, he said.

Pennsylvania Sen. Arlen Specter announced Tuesday that he is switching parties to become the Senate's 59th Democratic vote, sparking speculation that Coleman will be pressured by national Republicans to take his case to the federal level should he lose at the state high court.

The outcome of the race is pivotal, because if Franken attains the seat, it would give Democrats a filibuster-proof majority in the Senate.

Kevin Duchschere • 651-292-0164

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