Although Gov. Pawlenty was not named in the suit, he is the official responsible for certifying the election. Even if he is not expressly named, he is the Governor and only he can carry out the courtís decision and issue the "certificate of election."
If he refuses, I wonder if Franken can get a writ of mandamus
requiring Pawlenty to perform his duty as governor.
For all of the foregoing reasons, we affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under Minn. 32
Stat. ß 204C.40 (2008) to receive the certificate of election as United StatesFor all of the foregoing reasons, we affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under Minn. 32
Stat. ß 204C.40 (2008) to receive the certificate of election as United States Senator from the State of Minnesota....
From the last two pages of Raptavioís link.
If Coleman insists on a federal appeal, I would think the first step would be to get an injunction to stop Pawlenty from certifying the election.
I don't think the federal courts really want to get involved in this, not after Bush v. Gore.Update
This now appears to be a moot point. Norm Coleman has conceded.
ST. PAUL, Minn. - Republican Norm Coleman has conceded to Democrat Al Franken in Minnesota's contested Senate race, ending a nearly eight-month recount and court fight. http://www.msnbc.msn.com/id/31667236/ns/po...s-capitol_hill/
Coleman conceded at a news conference in St. Paul, a few hours after a unanimous Minnesota Supreme Court ruled Tuesday the former "Saturday Night Live" comedian and liberal commentator should be certified the winner.
BTW: Congratulations to you, Raptavio, and other Minnesotans. Your state can now resume the proud heritage of Hubert Horatio Humphrey, Walter Mondale, and Paul Wellstone in pursuing the publicís interests.