Norm Coleman has lost the Minnesota senate race. There is no chance that he will eventually have the election results overturned. Yet Norm Coleman, with the full support of the Republican Congressional leadership, plans to keep appealing the election results for as long as he possibly can. The Republican party has no expectations that Coleman will have the results overturned. Their goal is purely to delay the seating of the duly-elected Senator Al Franken for as long as possible. Republican Senator Cornyn claimed that a full set of appeals could deprive Minnesota of one of its senators for years.
There was a time when abusing the slow pace of the judicial system in this way to thwart the basic democratic principles of our country would have been unimaginable. It may have been due to tradition, a less partisan time, or simply a greater sense of shame. If Al Franken is not seated after the Minnesota Supreme Court rules on Norm Coleman's election appeal, it will be the breaking of the flood gates for a dangerous deterioration of our democracy.
Already Coleman has delayed the seating of Franken by 4 months. Even if the state supreme court moves quickly, it could easily take another 2 months. Appealing the election all they way through the many levels of the federal court system could easily take a year. The legal battle, if not stopped, may cost Franken a third of his senate term. If the same abuse of the courts is used in a House race it could delay a congressman from even taking office before the next election.
Already Coleman has delayed the seating of Franken by 4 months. Even if the state supreme court moves quickly, it could easily take another 2 months. Appealing the election all they way through the many levels of the federal court system could easily take a year. The legal battle, if not stopped, may cost Franken a third of his senate term. If the same abuse of the courts is used in a House race it could delay a congressman from even taking office before the next election.
Every two years there are several close results in the hundreds of House and Senate races. A difference of a few thousand votes is not uncommon but nearly impossible to be overturned by a recount and examining of rejected ballots. It is close enough that the loser would be entitled to a recount according to many state laws. Normally the loser graciously concedes defeat, but Norm Coleman and the Republican leadership are setting a dangerous precedent. Either side could choose to circumvent democracy by delaying the seating of the other party's congressman or senator for as long as possible. Abusing the judiciary system could leave multiple seats unfilled for months and years after an election.
Using state recount laws and court appeals to stop the seating of a duly-elected member of the other party is incredibly dangerous. I can easily imagine a time when either the House or Senate is evenly divided. The outcome of a handful of close elections could shift the balance of power. Using the same delay tactics would enable a party to cling to the majority power for months or years after losing the election.
It is very important that a law is passed to prevent this dangerous abuse before it gets out of control. The law could be structured two ways. It could require which ever candidate has the most votes after the state supreme court rules to be temporarily seated while the federal appeals process proceeds. The other option is to treat any federal appeals about a federal office like legal dispute between states. This would require that after the appeals to the state courts are exhausted, the only remaining option is to appeal the case directly to the Supreme Court of the United States. Either of these laws would still mean that a candidate could be delayed from taking office for months but not for years. If we hope to protect the principles and dignity of our democracy we need to pass a new “Norm Coleman Law”.
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