The Race: Franken And Coleman Settle Election In Court

POLITICO: The Minnesota Supreme Court just heard testimony from the attorneys for Democrat Al Franken and Republican Norm Coleman in the latest, and possibly, final legal skirmish in the state’s contested Senate race.

Five justices heard an hour’s worth of arguments on whether they should overturn a ruling from the lower courts declaring that Franken defeated Coleman by 312 votes because Minnesota counties used different standards in counting absentee ballots.

Early analysis of the hearing suggested that the justices were skeptical of the arguments advanced by Coleman’s legal team. Election law expert Rick Hasen wrote: “There’s no question that Coleman’s side got much tougher question than Franken’s side, and based upon oral argument I would not be surprised to see a unanimous decision in favor of Franken”

Justice Christopher Dietzen, a Pawlenty appointee, said Coleman’s argument had “no concrete evidence to back it up,” and said, “in my experience, I’ve never seen an offer of proof like this.”

Justice Alan Page concluded the hearing without setting a timetable for the court’s decision, but legal experts expect a decision within the next few weeks. The state Supreme Court already had over two weeks to examine briefs submitted by both campaigns.

If the state Supreme Court dismisses Coleman’s appeal, it would set the stage for Franken to be certified as the winner by Gov. Tim Pawlenty (R-Minn.) and Minnesota Secretary of State Mark Ritchie (D-Minn.), which would allow him to be seated in the Senate.

The Court could also send the case back to the lower courts to adopt a more-lenient standard in including absentee votes — a position the Coleman camp has been asking for.

Pawlenty has not committed to signing the election certificate, and said he may wait until all of Coleman’s legal options are exhausted.

Coleman and his wife attended the hearing, but Franken was not in the courtroom.