"It is the common fate of the indolent to see their rights become a prey to the active. The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime and the punishment of his guilt." -- JP Curran, 1790
Monday, January 5, 2009
According to Minnesota state law, an election cannot be certified if there is pending litigation challenging the outcome of the election. The Canvassing Board and SECSTATE Ritchie can announce Franken as the winner of the recount but that does not complete the process.
Coleman has file a lawsuit over 650 duplicate ballots that were improperly rejected. He may pursue a case against broader counting errors and the process all together. As today's WSJ points out, there is some funny business in the counting results. "...one Canvassing Board member, State Supreme Court Justice G. Barry Anderson, has acknowledged that "very likely there was a double counting." Yet the board insists that it lacks the authority to question local officials..."
Until this litigation is settled, SECSTATE Mark Ritchie is bound by law to withhold Certification. I will not be surprised if he proceeds in contradiction. However, Governor Tim Pawlenty (R) also has to sign the official Certification, which I doubt he will do unless there is absolute determination of the victor.
Meanwhile, as of this past Saturday Senator Coleman's term has expired and seat is now vacant. So the Democratic Senators, most notably Sen. Chuck Schumer (D-NY) and Amy Klobuchar (D-MN), want to seat Al Franken until the vacancy is filled. Sen. John Cornyn (R-TX) has said "Sen. Schumer's exultations are premature to say the least." and promises to filibuster any attempt to fill seat without state certification.
I am impressed! I figured it would take the Democrats at least 3 months to draw their divisive line in the sand. This will be the catalyst for Republican backlash against their power playing. Queue the filibusters! The honeymoon of working together under a new administration is over before it starts. Thank you!!
Signing off...JCB Sphere: Related Content
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