My reading of the decision in the previous thread appears correct, assuming election law expert Rick Hasen is also correct:
The bottom line is that the Court says that Franken is entitled to an election certificate, but there is no direct order to the state's governor to sign one.
Pawlenty desperately wanted to be ordered by the court to sign those certificates so this would go away without pissing off the wingnut base he needs for his 2012 presidential run. Now he's going to be forced to either sign it, and anger conservatives, or let this thing drag out even further.
There is zero chance for success at the federal level. Heck, the chance that a federal judge would issue an injunction on the issuance of an election certificate in response to an unanimous state Supreme Court decision is slim to none. But, an appeal would drag the process out long enough to give Pawlenty an excuse to ignore that election certificate for a few more weeks.
Politically, he's screwed either way. But he still governs the state of Minnesota, and he's doing his state a disservice by depriving it of full representation in the Senate (not to mention the stress on Sen. Klobuchar's staff providing constituent services for two offices. If he's damned either way, he might as well sign the darn thing.
Update (by Jed): The Minnesota statute on election certificates:
204C.40 CERTIFICATES OF ELECTION.
Subdivision 1.Preparation; method of delivery.
The county auditor shall prepare an election certificate for every county candidate declared elected by the county canvassing board, and the secretary of state shall prepare a certificate for every state and federal candidate declared elected by either a county canvassing board or the State Canvassing Board. Except as otherwise provided in this section, the secretary of state or county auditor, as appropriate, shall deliver an election certificate on demand to the elected candidate. In an election for United States representative, the secretary of state shall deliver the original election certificate to the chief clerk of the United States House of Representatives. In an election for United States senator, the governor shall prepare an original certificate of election, countersigned by the secretary of state, and deliver it to the secretary of the United States Senate. In an election for state representative or state senator, the secretary of state shall deliver the original election certificate to the chief clerk of the house or the secretary of the senate. The chief clerk of the house or the secretary of the senate shall give a copy of the certificate to the representative-elect or senator-elect. Upon taking the oath of office, the representative or senator shall receive the original certificate of election. If a recount is undertaken by a canvassing board pursuant to section 204C.35, no certificate of election shall be prepared or delivered until after the recount is completed. In case of a contest, the court may invalidate and revoke the certificate as provided in chapter 209.
Subd. 2.Time of issuance; certain offices.
No certificate of election shall be issued until seven days after the canvassing board has declared the result of the election. In case of a contest, an election certificate shall not be issued until a court of proper jurisdiction has finally determined the contest. This subdivision shall not apply to candidates elected to the office of state senator or representative.
So:
- The MN SC says Franken is "legally entitled" to an election certificate, bringing the election contest to a close.
- Tim Pawlenty is legally obligated to prepare and sign an election certificate after state canvassing boards announce results, or in the case of a contest, after a final court ruling.
Unless a federal court orders him to do otherwise (update: Coleman has a 10-day window during which he could seek such an order), it seems Pawlenty is now obligated to prepare and sign an election certificate, whether he wants to or not.