Pawlenty Says He'll Certify MN Senate Race After State Court Process Completes

 

By Ernest A. Canning

 

Update: Coleman may throw in towel if he loses at MN Supreme Court, according to Roll Call 'sources'...

Minnesota Governor Tim Pawlenty (R) informed MSNBC's Andrea Mitchell:

I can't sign the certificate until the State court process is complete. We don't know who the winner is, but as soon as that process is complete and they give direction as to signing the certificate, I'm going to sign it…

Pawlenty's remarks are consistent with MN Election Law as interpreted [PDF] by the MN Supreme Court in Franken v. Pawlenty. MN law prevents either Governor Pawlenty (R) or Secretary of State Mark Ritchie (D) from signing the certificate once an election contest has commenced and before it is completed in state court. It is also consistent with the legal argument presented by Al Franken in his MN Supreme Court brief [PDF] that the MN Supreme Court should order the Governor and Secretary of State to perform what amounts to a "ministerial duty" to sign and countersign the certification of election upon the completion of the state court process. This statement follows, within one day, Pawlenty's announcement that he would not seek a third term as Governor.

[Hat-tip BRAD BLOG commenter 'FreedomOfInformationAct']

UPDATE 6/4/09: Roll Call now reports that Coleman also may be ready to throw in the towel if he loses at the MN Supremes: "Sources close to Coleman say the former Senator would likely give up his legal battle and accept defeat if the Minnesota Supreme Court decides in Franken's favor. That's because Coleman anticipates that Gov. Tim Pawlenty (R) would ultimately sign Franken's certification papers."

http://www.bradblog.com/?p=7202

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