Minn. justices mulls senate race outcome

ST. PAUL, Minn., June 1 (UPI) -- Five Minnesota Supreme Court justices are set to decide the outcome of the 2008 U.S. Senate race between Democrat Al Franken and Republican Norm Coleman.

Justices heard arguments Monday in Coleman's legal challenge to regain his seat in the Senate. Coleman's team argued that a three-judge panel that ruled Franken defeated Coleman by 312 votes applied different standards than county elections officials on whether to accept or reject absentee ballots that were critical to the outcome of the race, the St. Paul Pioneer Press reported.

"To use the vernacular, you've changed the rules after the game's been played," Coleman lawyer Joe Friedberg said.

During questioning, Friedberg was asked whether state rules on absentee votes were clear, forcing him to concede there was no widespread fraud in the election, the newspaper said. The jurists also quizzed Friedberg about whether he offered enough proof to support his client's contention that local officials relaxed statutory standards and accepted ballots that should not have been counted.

The five members of the Supreme Court hearing the matter took the case under advisement after the 60-minute hearing. Two members of the Supreme Court, Chief Justice Eric Magnuson and Justice G. Barry Anderson, who were members of the state canvassing board, were not on the panel.

Franken's lawyers told the court any variations made by county officials were minor and irrelevant, and have asked the court to order the issuance of an election certificate allowing Franken to take a Senate seat, the Pioneer Press said.

The Minnesota Supreme Court could affirm Franken's victory or send the case back to the three-judge panel for more deliberation. If Coleman doesn't like the state Supreme Court decision, he could appeal to the U.S. Supreme Court or file a new lawsuit in federal court.