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GOP Congressman: Coleman Should Keep Fighting -- And The Courts Should Declare No Winner At All

If former Sen. Norm Coleman (R-MN) does decide to fight on at the U.S. Supreme Court after his much-expected defeat with the Minnesota Supremes, he'll have at least one public supporter back home in the continuing litigation of this 2008 Senate race: Minnesota GOP Congressman John Kline -- who says that the courts should decide there's no winner at all!

" I encouraged [Norm Coleman] to carry this through the courts until we can get as much confidence here in Minnesota and in the nation that the results are accurate," Kline told Minnesota Public Radio. But he also added something that has been pitched by Coleman and his legal team in the past -- that we can't truly know whether Coleman or Democratic comedian Al Franken was the true winner of a race this close.

"So in a perfect world I guess, I would like to see the Minnesota Supreme Court say there isn't a winner here. There is not a winner. We cannot declare a winner," said Kline. "And then I suppose the law would require Gov. Pawlenty to name somebody, to have an election again in 2010."

So instead of Franken winning, and the Democrats getting a 60th Senate seat, we would presumably have Pawlenty appointing a Republican.

In all fairness to Kline, he did make at least one legitimate point, regardless of partisanship: That the state should look to the example of Georgia, which held a runoff election when nobody got 50% in their Senate election, and change their own laws to do the same. (Obviously a Senate runoff can have a recount problem, as well, but at least in this case the race would have gone to a runoff and nobody would have really cared which candidate's initial 42% was the better one.)


18 Comments

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This is a new wrinkle, or at least I haven't heard it before and I follow it closely. I'm referring to the idea that the court declare no winner and Pawlenty appoint someone with a special election next year. I was at too Democratic fundraisers last week, one for Franken and one for the Minnesota state party, and this was mentioned at neither, so I'm pretty sure this is a new idea on the part of the Republicans. Legally, I don't see that there's any basis for this action, but Pawlenty has previously demonstrated that he'll grossly abuse power where there's a crack of legality. In other words, it's not entirely inconceivable the Republicans would try to someone have a special appointment. A tricky part would be the sec of state has to sign too, and I can't see him doing that.

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Isn't this a state that has an option to decide a winner with an absolute tie? How could anyone decide that there is no winner when one has a majority? Deciding there is no winner is the same thing as saying, "We don't like the winner."

If they do that, Reid should simply seat Franken and let the repubs scream their slimy little heads off. If this had happened the other way around when the repubs were the party in power, Coleman would already be sitting in DC with his hand out to the insurance industry like the rest of them. And the Dems would probably not have made a peep,

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I'm with you. There is no legal basis for this. And, IANAL, but I don't think the MN SC has this option (at least I'm damned sure they wouldn't take it). They're ruling narrowly on Coleman's appeal of the trial court's affirmation of the Sec of State's recount.

MN law has a procedure for tie votes. That would signal legislative intent - they envisioned the ultimate of close elections, and chose against a runoff/special election.

I want some of what Kline's smoking.

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Is it really new? I thought one of Coleman's lawyers brought this up a while ago as a reason the election should be thrown out.

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Now that Pawlenty's deserted him, Kleefeld will reach for anything to save his job

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Kleefeld's job is a whole lot safer than Pawlenty's

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This perfectly sums up the Nü Republican Party:
If we can't win, then nobody should win.

Seriously, the number of people who agree with Kamp Koleman on this are roughly in parity with those who feel strongly about Obama's birth certificate.

Why is NPR even giving time to a guy who's just regurgitating wingnut talking points from last November?

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Sorry, MPR.

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In all fairness to Kline, he did make at least one legitimate point, regardless of partisanship: That the state should look to the example of Georgia, which held a runoff election when nobody got 50% in their Senate election, and change their own laws to do the same.
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Georgia also uses easily hackable electronic voting machines...doesn't sound fair or legitimate to me.

http://www.bradblog.com/?p=5654

- FTF

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But the law in Minnesota is d i f f e r e n t than the law in Georgia.

If Minnesota law had stipulated that you had to win by more than 50% there would have BEEN a run-off. They can't say now, in effing June of 2009 that they like the Georgia law better than the Minnesota law as it refers to an election in effing Novermber of 2008!

Yes! Maybe NEXT time they will be better prepared -- I certainly hope they are -- for such a thing. But they can't say now that they want to do it differently than their stupid law stipulates.

I always knew republicans were losers, but we all know now that they are sore losers as well.

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But they can't say now that they want to do it differently than their stupid law stipulates.

Ah, but the law isn't really stupid. It just assumes that both parties share a common interest - seeing that the election is fair and that the will of the people is done. It expects that the parties will work together.

OK - the law is stupid. It made sense in the past, but for the Pubs today, democracy is not the objective - power is.

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Ladies and gentlemen, my Representative.

Sigh. Here's hoping that the anti-Bachmann sentiment will sweep over into MN-02 and we can get rid of this hack once and for all. He's got to be one of the most useless Congressmen around, and Steve Sarvi was such a great candidate against him. Yeah, don't mind me, I'm just bitter and rarely have a chance to rant about the guy...

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"In all fairness to Kline, he did make at least one legitimate point, regardless of partisanship: That the state should look to the example of Georgia, which held a runoff election when nobody got 50% in their Senate election, and change their own laws to do the same."

C'mon, Eric. That's bulls**t. Surely you know the problems with runoff elections. Minnesota had almost 3 million votes cast in the November election. There is no way that any state replicates the turnout of a general election in any runoff election. "Regardless of partisanship" that disenfranchisement of the original voting electorate is a MAJOR problem.

Minnesota went through a rigorous, transparent electoral process, and Franken won. Do you have a problem accepting that?

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Even with this result — which the state has arrived at by a very fair and open process — you have a winner who got 42% of the vote. People can be legitimately concerned about elections that result in winners who have low pluralities.

As for the fall in turnout in a conventional runoff, for what it's worth I'm personally a staunch proponent of instant-runoff voting, which is being tried out in Minneapolis this year and is spreading to other Minnesota cities. It solves the problems of turnout and of ensuring a winner who has a majority mandate.

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If only the Supreme Court had declared "no winner at all" in 2000...

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My suggestion: Stand them both about 20 paces apart and let them shoot it out. In fact, if we did this for ALL races, we would no longer get the bottom of the pool... instead, our politicians would still be dirty, but at least they would have expertise in something besides hot air... IMHO

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But there has to be a winner, and the law clearly describes the process by which a winner is chosen. Vote;
Recount if close;
Challenge the results;
Appeal;
Supreme Court Decison.

The law is a process. Will we ever have full, complete, doubtless, unquestionable certainty of the actual numbers of ballots? Of course not. But the law describes a process that, when followed, provides us with a just conclusion.

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Actually, it is my understanding that the law even includes a provision for a tie - coin toss (or maybe it just says lot). So IF a tie were to be declared, Pawlenty's job is not to make an appointment, it's to oversee the lot process.

God, this really needs to be over soon. Wonder what the probability is of the SC releasing its decision this Thursday before a 3 day weekend.

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