On Monday, the Minnesota U.S. Senate election will turn 6 months old. DFLer Al Franken has a 312-vote lead over Republican Norm Coleman after a trial that followed the recount, but action before the state Supreme Court lies ahead. Here's a brief Q-and-A intended to serve as kind of a status report after all the various twists and turns.
I thought the trial was over. Why are they back in court?
Coleman is appealing the result of the trial, in which a special three-judge panel ruled Franken the winner by 312 votes. Coleman is asking the Minnesota Supreme Court to rule that the trial court made mistakes in its interpretation of state law and the constitutional issues Coleman raised. Basically, he contends that the trial court was too strict about the requirements for accepting absentee ballots and believes thousands more should be counted.
If Coleman wins the appeal, will that mean he is reelected?
No. It probably would mean that the Supreme Court would send the case back to the trial judges, with instructions to count more ballots. The Supreme Court could also supervise the counting of more ballots directly, but most observers think a "remand" -- or sending the case back -- would be more likely. Either way, it isn't clear whether Franken or Coleman would come out on top if more ballots were counted.
But if Franken wins the appeal, he's elected, right?
Not exactly. Coleman could file an appeal in U.S. District Court, or appeal directly to the U.S. Supreme Court. It's unclear whether that might further delay Franken's seating in the Senate. The state Supreme Court, if it rules for Franken, might order Gov. Tim Pawlenty to issue a certificate of election, which could later be rescinded if federal courts ruled for Coleman. Or one of the federal judges could issue a stay, and direct Pawlenty to wait.
Isn't it up to the Senate in the end?