Nuclear Option: Franken Laying Predicate for Senate to Vote Him Into Office Even if He Loses the Vote?

Franken's behind by 340 and almost guaranteed to lose the recount. He's going to be behind by enough that even his demands that dubious absentee votes be counted won't save him.

A reader explains why the secretary of state's site shows Franken behind: Simply because the recount isn't finished yet, and many of the uncounted precincts went big for Coleman. So the current tally is not reflective of the likely final tally.

So is that it for Franken? No. The Senate can simply vote him into office if they so choose, and Franken's spurious arguments about "uncounted votes" may be an effort to give them the pretext to do just that.

In 1975 the Senate refused to certify the victory of a Republican who'd won in New Hampshire by two votes. Ultimately a compromise was reached -- a new election-- which the Democrat won.

The only thing that can prevent this is a filibuster... which may or may not be available to us, depending on today's vote in Georgia. And even a filibuster would only block the Democrats' attempts to seat Franken -- it would not get Coleman certified as the winner.

Similar: Powerline agrees Franken is lobbying Reid for just this scheme.

Another 171 Ballots Suddenly Discovered: Oy. They're from a swing district, so ought not to break heavily for Franken (Captain Ed guesses an 11 vote pickup based on district breakdown).

I'm less sanguine. I kinda assume all batches of "suddenly discovered uncounted ballots" will go heavily for Franken, because, um, they're filling them out in their basements this week.

posted by Ace at 02:35 PM

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