I'm sure they'll still find a way to keep this tied up in the courts for at 
least the six year length of the term, if not a full decade.
-Deb


Election Contest Ruling Deals Coleman Setback, Appeal Certain


A three-judge state panel convened to review an election contest brought by 
former Minnesota Sen. Norm Coleman (R) in his race against entertainer Al 
Franken (D) has dealt the Republican a serious setback in its ruling this 
afternoon.

The panel will allow the consideration of only 400 wrongly rejected absentee 
ballots to be reviewed and possibly counted -- making it very difficult for 
Coleman to make up the 225-vote deficit he currently carries. (Here's the full 
ruling.)

"We feel pretty good about where we stand," said Marc Elias, a lawyer for 
Franken's campaign, on a conference call conducted moments ago. "This court has 
spoken clearly about the legal standards are" for the inclusion of ballots.

Ben Ginsberg, the lead attorney for Coleman, referred to the ruling as an 
"April Fools Day" judgment (one day early) and stated that the decision "gives 
us no choice but to appeal that order to Minnesota Supreme Court." Ginsberg 
offered no thought about whether or not an appeal to the U.S. Supreme Court 
would be considered.

Ginsberg said it would be a "long shot" for Coleman to make up the necessary 
ground on Franken with just 400 ballots being included.

The ballots will be opened, sorted and potentially counted by the Minnesota 
Secretary of State on April 7. It remains unclear how many of the 400 votes 
will actually be counted. It's also unknown whether Coleman will appeal the 
ruling to the state Supreme Court, which is within his rights.

Coleman's campaign had pushed for the inclusion of a far wider universe of 
so-called "wrongly rejected absentee ballots" in the final count -- arguing 
that the standards for inclusion during a statewide recount that saw Coleman go 
from ahead to behind were entirely inconsistent.

National Republicans have pledged to fight -- and filibuster -- any attempt to 
seat Franken as the 59th Democratic Senator in the 111th Congress prior to 
Coleman exhausting his legal rights.

If Coleman chooses -- as Ginsberg has pledged -- to continue his legal 
challenge, watch to see whether Senate Majority Leader Harry Reid (Nev.) moves 
forward with seating Franken or whether he continues to wait Coleman out.

Reid spokesman Jim Manley did not directly address the leader's next move in a 
statement released late Tuesday. "Senator Reid is looking forward to the final 
resolution of this case by the Minnesota courts so that Al Franken can finally 
be seated as the new senator from Minnesota," said Manley.

Coleman and Franken have been locked in an epic recount battle five months 
after 2.9 million voters cast ballots in the Minnesota Senate race. The race 
recently claimed the somewhat ignominious title as the longest statewide 
election in Minnesota history.

The fight has been grueling for the combatants and tedious for the voters, yet 
the outcome remains crucial not just for Minnesota -- which currently has only 
one U.S. senator -- but also for President Obama and the Republicans.

The longer the Democrats lack a 59th vote, the harder it will be for them to 
break filibusters -- 60 votes are required -- on their most important and 
contentious initiatives.

By Chris Cillizza  |  March 31, 2009; 5:13 PM ET

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