Klobuchar: Seat the certified winner before court battles

The state Canvassing Board could certify a winner in the Minnesota Senate race by next week and Sen. Amy Klobuchar says the Senate should honor that winner and seat the senator despite pending court battles likely to follow. 

Al Franken is currently ahead by 46 votes, but there are still about 1,350 wrongly rejected absentee ballots that could be counted before the board certifies a winner.

Klobuchar told the Star Tribune that the certified winner should be seated and can be removed if they were to lose a court battle. The upcoming months will include a lot of important legislation that needs as many votes as possible, Klobuchar said. 

"If the Canvassing Board declares a winner, that should be our senator," she said, even if a court challenge were to follow. "[The Senate] could seat a senator pending the litigation." 
Her view of a possible provisional winner is shared by Fred Morrison, a professor of constitutional law at the University of Minnesota. 
Morrison said the Senate could tentatively seat Franken, for example, if he comes out of the Canvassing Board process with a lead that would require Coleman to prevail in court on nearly all of his disputed claims to win. 
"The Senate could say ... we will seat Franken pending the final result," he said.
If Franken wins the certification and ultimately loses a court battle, could he handle the Senate walk of shame? Playing Senator would be fun while it lasted.


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