Franken-Coleman Recount: How Far Will It Go?
You have to begin with the Statute Law â€” in this contest, the party bringing the suit has the burden of proof. What the court will and can order would depend on whether Coleman comes in with proof of his claims sufficent to cause the court to issue an order. The court could, for instance, require bond for any expenses, and by law the loser pays all court costs.
Ironically, the whole Minnesota Recount system and statute law is based on the foundation of the decisions in the MN Governorâ€™s recount case in 1962-63, Anderson V. Rolvaag. That decision is actually addressed in Bush v. Gore to the argument that State Election Law prevails in State Elections. The court in 2000 had to argue around Anderson v. Rolvaag on the grounds that the Constitution set a deadline for Flordiaâ€™s vote count â€” the date of the Electorial College meeting. That exception would not apply to Minnesota, as we have no deadlines other than requirements as to when trials have to begin in a Contest. So in essence Bush v. Gore actually recognized Anderson v. Rolvaag as the lead precident, the settled law. So no, I donâ€™t predict it will successfully get into Federal Court. In '63 the case went through the Federal Courts â€” the decision Anderson v. Rolvaag was written by the 8th Circuit Appeals Court, and affirmed by the Warren Supreme Court. So given this â€” I donâ€™t think the Feds will even look at the case.