Gubernatorial race likely headed for recount

All precincts have reported and the results of Minnesota’s gubernatorial race is still up in the air. Democratic candidate Mark Dayton currently holds an 8,857-vote advantage over Republican Tom Emmer. That puts Dayton with 43.63 percent of the vote to 43.21 percent for Emmer.

The results will not be finalized until the State Canvassing Board meets on Nov. 23, and — though vote counts may shift slightly — as long as the two candidates remain within 0.5 percent of one another, the vote will be subject to a recount, which would likely start on Nov. 29.

Based on past elections, that recount should be finalized sometime in mid- to late-December. Unlike the close 2008 U.S. Senate race between Al Franken and Norm Coleman where the two candidates were separated by a few hundred votes, Emmer trails by a wide enough margin that it would be difficult for him to gain enough extra votes to shift the outcome. But the state Republican Party (or Democrats if Dayton trails) may still file lawsuits challenging the results at that point, extending the election into 2011. With the stakes high for the outcome of the race, neither party is likely to let the results stand without a challenge in court.

According to the state constitution, the current governor holds office until the next governor is certified. If the recount and subsequent litigation carry on through January, Gov. Tim Pawlenty would continue to legally serve as governor. In a press release today, Pawlenty affirmed that he will maintain that role until everything is settled:

My administration is fully committed and prepared to accomplish the swift and orderly transition to the next governor as soon as a final determination is made. As required by Article V of the Minnesota Constitution, I will continue to serve as Governor until a new governor takes the oath.”

Patrick Caldwell is the American Independent’s Minnesota correspondent.