Franken vs. Coleman question: Will the MN Supremes issue a writ of mandamus? If so, when?

[backscatter712]

A writ of mandamus (mandamus comes from the same root word as "mandate") is a court order that in this case would order Gov. Pawlenty and the MN Sec. of State to certify the election so Franken can be seated.

I remember hearing a few weeks ago that the MN Supreme Court, when they denied Franken's initial motion for a writ of mandamus, hinted that they would be open to issuing one once the court case was finished and Coleman's inevitable appeal to the Supreme Court was shot down. Probably in a few more weeks.

Anyone else have insight?

[Demit]

1. Here's what happens next (I got it from Daily Kos):

1. The Election Contest Court (ECC) needs to rule on a couple groups of ballots already counted that Coleman wants out (the Minneapolis 133 and the supposed double counted 100) which would take 146 off of Franken's lead. They may well rule on these by themselves OR

2. The ECC issues final ruling on all disputed points AND declares one candidate has received highest number of votes. Loser has 10 calendar days from this decision to file appeal to MN Supreme Court or the ECC decision is FINAL. Appeal to Supreme Court is preceded by a bond being posted by the losing appealing party.

3. MN Supreme Court could deny hearing the case ("It's open & shut"), but this is unlikely. If they take it, appellant has 15 days to forward ECC transcripts and evidence to Supremes. Supremes would schedule oral arguments, probably quickly, then take it all "under advisement." Lawyer TerribleTom raised an interesting angle a few days ago. At this point it seems it's possible MN Supremes could rule on the case and issue its opinion with all the details and legal stuff LATER (like months from now). This would let the case be considered FINAL.

4. Whenever the case becomes FINAL by MN law the Governor's office prepares a certificate of election, the Gov signs and it is countersigned by the Secretary of State. If either won't sign winner could file for a Writ of Mandamus. The MN Supremes could issue such, that a state official perform said duty on pain of felony and imprisonment. Pretty drastic, but on the books.

5. Winner takes Certificate of Election to US Senate. Senate seats winner.

[Skip Intro]

2. My gut, based on nothing but what I assume is a desired final outcome by all responsible,

the MN Supreme Court refuses to take the case.

Call me crazy. Wait, no, call my gut crazy. After 6 turkey and diet cokes (I know, aspartame) and a couple of microwaved White Castles, there really wouldn't be any argument.

Seriously, tho. Franken has been declared the winner twice now. That would seem to me to be a point at which those who might pass further judgment would say, thanks, but no thanks, it's already been decided.

[elocs]

3. Listened to MN public radio today and they said MN SC cannot refuse to take the case.

They said the 3 judge panel, whose ruling in this case have all been unanimous will rule later this week or early next week. The Supreme Court there must take the case and the consensus was that if the MN Supreme Court ruled for Franken that they would also order that he be certified the winner. Pawlenty will have no choice then and it will give him the out he needs to certify Franken as the winner.