http://www.cbsnews.com/stories/2009/01/02/politics/main4696399.shtmlDemocrat Franken Clings To A Slim Lead; But Any Winner Will Be Provisional For A While
MINNEAPOLIS, Jan. 3, 2009
(AP) This week, Minnesota's Canvassing Board will declare what everyone's been waiting for in the state's prolonged U.S. Senate race: A winner.
Well, sort of.
Once it rewards a last batch of votes from improperly rejected absentee ballots, the Canvassing Board is expected to declare either Democrat Al Franken or Republican Norm Coleman as winner of the recount. But Minnesota law lets the losing candidate file an "election contest" that would throw the whole race into the courts, effectively blocking final certification of a new senator.
"I'd say it's close to inevitable" that the losing candidate will sue, said Edward Foley, an election law expert at Ohio State University who has closely monitored the Minnesota recount.
After the Canvassing Board names a winner, the losing candidate has seven days to file a lawsuit. If he does, the certification of a winner remains conditional until the court challenge is settled.
Lawyers for both campaigns have laid the groundwork for lawsuits through public comments and legal maneuvering. In recent weeks, as Franken clung to a small lead, Coleman's lawyers promised a lawsuit over their claim that some ballots duplicated on election night wound up being counted twice in the recount.
Franken Recount Fund:
http://www.actblue.com/entity/fundraisers/21293FULL story at link. Does Al have enough for the legal costs?