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Al Franken listens to a reporter's question Monday night after he expressed his happiness at a judicial ruling saying he won the U.S. Senate election. His wife, Franni, is with him. (Don Davis/State Capitol Bureau)

Coleman suffers defeat

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ST. PAUL -- Al Franken won the U.S. Senate race and should be sent to Washington, a three-judge panel unanimously ruled Monday evening, but Minnesota is at least a few weeks away from having two senators.

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Republican Norm Coleman plans to appeal the decision, which follows a seven-week trial on a lawsuit he brought when a statewide recount left him trailing Democrat Franken by 225 votes. After the judges' ruling, Franken leads by 312 votes.

Franken told reporters Monday night that he would head to Washington soon, as he has several times in recent months, preparing to take office as senator.

"It's time that Minnesota, like every other state, has two," he said, with his wife, Franni, at his side.

"It has been more than five months since Election Day, and more than three months since the winner of this election was supposed to be sworn in to go to work for the people of Minnesota," Franken said, adding that the state needs two senators because of the recession hitting the country.

"And all of us have watched as our neighbors in the Red River Valley have struggled and suffered in the wake of the flooding there," Franken said, hinting a second senator could do a better job getting federal aid to the state.

The Democrat said that the judges' ruling was clear and unanimous -- that he should be senator. But he also said that he understands that Coleman will appeal.

Coleman pledged that appeal to the state Supreme Court, a process that could take weeks. And there is a good chance the loser at that level will appeal to the U.S. courts, meaning it could be months before a new senator is sworn in.

The ruling said the election did not violate the equal protection clause of the U.S. Constitution, as Coleman had claimed. It also indicated the election was fair and that each county properly adopted ballot counting rules, even if the 87 counties did not follow the same exact procedure.

"Election officials exercised reasonable discretion within the confines of Minnesota election law and under a comprehensive, statewide training program in determining whether a voter met the statutory requirement of absentee voting," the judges wrote in a 68-page ruling.

The major dispute in the trial, which included seven weeks of testimony, was whether thousands of absentee ballots that had been rejected in the Nov. 4 election should have been counted. In the end, the judges decided fewer than 400 previously uncounted ballots should be tallied.

Also, the judges said: "Equal protection does not guarantee a perfect election."

Coleman attorney Ben Ginsberg confirmed the pending appeal, which must come within 10 days.

"More than 4,400 Minnesotans remain wrongly disenfranchised by this court's order," Ginsberg said in a statement issued shortly after the judges released their ruling.

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Don Davis
Don Davis has been the Forum Communications Minnesota Capitol Bureau chief since 2001, covering state government and politics for two dozen newspapers in the state. Don also blogs at Capital Chatter on Areavoices.
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