Coleman-Franken Senate Race May Hinge on Bush v. Gore Decision
By Greg Stohr
April 8 (Bloomberg) -- Republican Norm Coleman’s dwindling chances of reclaiming his U.S. Senate seat largely depend on a broad reading of the Supreme Court’s Bush v. Gore decision, a ruling the court itself said should be applied sparingly.
Democrat Al Franken’s lead over Coleman in the Minnesota race widened to 312 votes yesterday -- a gain of 87 -- because of a court-supervised count of 351 additional absentee ballots.
Coleman’s remaining legal avenues include his claim that election officials violated the U.S. Constitution’s equal protection clause by using varying standards to decide the validity of absentee ballots. That contention relies on Bush v. Gore, the 5-4 ruling that sealed the 2000 presidential election for George W. Bush.
“As a practical matter, Coleman has no realistic prospect of success without the equal protection argument,” said Edward Foley, director of the election-law program at Ohio State University’s Moritz College of Law in Columbus.
Democrats control the U.S. Senate 58-41, and a win by Franken would put them one vote short of the 60 needed to overcome filibusters that can stall legislation.
The candidates are awaiting a three-judge panel’s final decision in St. Paul, Minnesota, on Coleman’s challenge to the earlier recount that put Franken, 57, ahead in the race. Should Coleman lose, he could appeal to the Minnesota Supreme Court and, ultimately, ask the U.S. Supreme Court to hear his equal protection argument.
Bush v. Gore Ruling
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