Coleman attorney: Appeal next week in Senate fight

ST. PAUL, Minn. — Republican Norm Coleman will appeal his latest setback in the Minnesota Senate election battle but probably not until next week, his lawyer said Tuesday, further stretching out the five-month struggle.

The former senator has 10 days to ask the Minnesota Supreme Court to review Monday night's decision, which was in favor of Democrat Al Franken. Coleman lawyer Ben Ginsberg said his team needs time to fully review the decision before filing the appeal.

A three-judge panel ruled unanimously that Franken won 312 more votes than incumbent Coleman in November and should get an election certificate. Franken actually gained more votes from the election challenge than Coleman, who brought the lawsuit.

"The overwhelming weight of the evidence indicates that the November 4, 2008 election was conducted fairly, impartially, and accurately," the judges wrote. "There is no evidence of a systematic problem of disenfranchisement in the state's election system, including in its absentee-balloting procedures."

Coleman's lawyers claim that counties treated absentee ballots differently, creating constitutional problems.

"We feel (the judges) have misunderstood a number of the issues as well as what's at stake in this case," Ginsberg said.

Minnesota is short a senator while the case moves through the courts.

The trial gobbled up much of January, February and March. An appeal could push the race into May or beyond, because once a notice of appeal is filed both sides will have more time to submit written arguments. It's possible for Coleman to initiate a new action in federal court, too.

On Monday night, Franken stood outside his Minneapolis condominium building and urged Coleman to give up.

"It's time that Minnesota, like every other state, have two" senators, the jovial Franken said. "I would call on Senator Coleman to allow me to get to work for the people of Minnesota as soon as possible."

The state law Coleman sued under merely required three judges to determine who got the most votes and is therefore entitled to an election certificate. That critical certificate is on hold pending appeal, and GOP Gov. Tim Pawlenty has hedged when asked if he'll deliver it after the state courts are done reviewing the case.

Ginsberg said he believes 4,400 unopened absentee ballots should count, and called Monday's ruling "inconsistent with the Minnesota tradition of enfranchising voters."