Coleman/Franken-type saga wouldn’t rob state of rep under temp-certificate plan

She wants to make it so a drawn-out election dispute like the one between Al Franken and Norm Coleman never robs Minnesota of congressional representation again. So state Rep. Phyllis Kahn is vowing to revive a bill to require provisional election certificates be issued to candidates who hold the lead in votes while courts hear election contest lawsuits filed by runners-up.

Kahn’s bill — which would have had the immediate effect of making Al Franken a temporary U.S. senator — died in committee earlier this year, despite an expert’s warning that without it, Minnesota’s second U.S. Senate seat could stay empty for five months. (It stayed empty for six.) Hamline University School of Law professor David Schultz helped Kahn craft the bill because Minnesota is one of only a few states without a provisional-certificate law.

“Minnesotans have had only one U.S. senator for over five months,” a statement (pdf) from Kahn said. “This just isn’t fair to the citizens of Minnesota. Providing a provisional certificate of election to the winner of the recount is a common-sense remedy that would ensure this never happens again.”

Another thing that never happened: election reform, as passed by the state legislature during the session that adjourned this spring. Gov. Tim Pawlenty vetoed all three bills that came to his desk.