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Does Franken Finally Win? A Legal Analysis

Everyone agrees it was a major story today for the Minnesota State Canvassing Board to declare Al Franken the official winner of the recount -- but is it the end of the story?  We all know Norm Coleman can file a lawsuit to contest the results further, but will that really delay Franken's entry into the Senate?


Some blogs have suggested that Minnesota law is kind of unique in that the winner of an election doesn't get officially certified as long as there's a dispute pending in court, and John Cornyn has vowed to filibuster Franken if the Democrats try to seat him before he's officially certified.  So can Franken get certified by the state now, or does he have to keep waiting?

As specialized as the Internet is, I'm frankly surprised that there's not some source like the "Minnesota Election Law Blog" that answers all these arcane questions in the most minute detail -- and maybe there is, and I'll be hearing about it soon.  But absent some authoritative source, I thought I'd try to research the question myself.

The key Minnesota statute provides as follows:


204C.40 CERTIFICATES OF ELECTION


Subdivision 1. Preparation; method of delivery.


The county auditor shall prepare an election certificate for every county candidate declared elected by the county canvassing board, and the secretary of state shall prepare a certificate for every state and federal candidate declared elected by either a county canvassing board or the State Canvassing Board. Except as otherwise provided in this section, the secretary of state or county auditor, as appropriate, shall deliver an election certificate on demand to the elected candidate. In an election for United States representative, the secretary of state shall deliver the original election certificate to the chief clerk of the United States House of Representatives. In an election for United States senator, the governor shall prepare an original certificate of election, countersigned by the secretary of state, and deliver it to the secretary of the United States Senate. In an election for state representative or state senator, the secretary of state shall deliver the original election certificate to the chief clerk of the house or the secretary of the senate. The chief clerk of the house or the secretary of the senate shall give a copy