Jan 6, 2009 5:00 pm US/Central
Coleman To File Lawsuit; Vows To Keep Fighting
ST. PAUL, Minn. (CBS) ―
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Former Sen. Norm Coleman (File)
Norm Coleman
Former Sen. Norm Coleman will file a lawsuit in to overturn a state board's certification that Democrat
Al Franken won the U.S. Senate recount.
Coleman's lawyers argued some ballots were mishandled and others were wrongly excluded from the recount. Minnesota law prohibits final certification of a winner in face of such a lawsuit, which means the race could remain in limbo for several more months.
Minnesota's Canvassing Board on Monday certified that Franken won 225 more votes than Coleman, a Republican, out of nearly 3 million cast.
A lawsuit would extend the fight over the seat for months. Any court case would open doors closed to the campaigns during the administrative recount. They would be able to access voter rolls, inspect machines and get testimony from election workers.
The case would fall to a three-judge panel picked by Chief Justice Eric Magnuson of the Supreme Court. Magnuson served on the Canvassing Board, but declined to say Monday if he would remove himself from the selection process as a result. Magnuson was an appointee of Republican Gov. Tim Pawlenty.
Costs of the election lawsuit fall to the campaigns. But there is a provision in state law that exposes the government to costs if prior results are reversed due to an irregularity in election procedure.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)