Filed: March 6, 2009

SYLLABUS

1. Minnesota Statutes § 204C.40, subd. 2 (2008), which provides that a certificate of election cannot be issued until the state courts have finally decided an election contest pending under chapter 209, applies to an election for the United States Senate.

2. There is no federal statutory mandate that a state issue a certificate of election by the date designated by Congress for commencement of newly-elected Senators' terms, and because the Senate has authority under U.S. Const. art. I, 7sect; 5, to seat a Senator without a state-issued certificate of election, application of Minn. Stat. § 204C.40, subd. 2, to an election for the Senate does not usurp the Senate's authority and does not conflict with federal law.

Petition denied.

OPINION

PER CURIAM.

This matter is before our court on a petition of Al Franken brought under Minn. Stat. § 204B.44 (2008). The petition seeks an order requiring respondents, Governor Timothy Pawlenty and Secretary of State Mark Ritchie, to promptly prepare and countersign a certificate of election and deliver the certificate to the Secretary of the United States Senate, without awaiting the conclusion of an election contest pending in state district court under Minn. Stat. ch. 209 (2008). Because we conclude that neither state nor federal law requires issuance of a certificate of election before the election contest is completed, we deny the petition.

...

We conclude that there is no federal statutory mandate that a state issue a certificate of election by the date designated by Congress for the commencement of newly-elected Senators' terms. And because the Senate has authority to seat a Senator without a state-issued certificate of election, application of the contest tolling provision in Minn. Stat. § 204C.40, subd. 2, to an election for the United States Senate does not usurp the Senate's power and does not conflict with federal law, either statutory or constitutional.

Petition denied.

Source: Supreme Court Order on Al Franken's Petition for Order to Issue Certificate of Election via MNCourts.gov [PDF]