On Nov. 23, the state canvassing board will meet to certify results. If the vote is still extremely close, the board will declare the need for a recount in the governor's race and election officials across the state will start re-tallying votes.
Who is on the canvassing board?
Secretary of State Mark Ritchie, Supreme Court Justice Paul Anderson, Supreme Court Justice David Stras, Ramsey County District Judge Gregg Johnson and Hennepin County District Judge Denise Reilly. Ritchie is a Democrat. Anderson, Johnson and Reilly were appointed by Republican Gov. Arne Carlson. Stras was appointed by current Republican Gov. Tim Pawlenty. Reilly served on the judicial contest panel in the 2008 elections.
Who will count ballots?
In a recount, vote totals will be reset to zero and then election officials in more than 100 locations across the state will count the ballots. Candidates' representatives can watch and challenge the officials' determination on how a ballot should count.
The makeup of the canvassing board allows no room for GOP bleating about it being unfair - there are more GOP appointees than others. And the professional makeup of the board, with understanding of the mess of mischief attending a slack certification and recount, should be expected to move expeditiously. Stassen-Berger continues:
The Minnesota Constitution says: "The term of office for the governor and lieutenant governor is four years and until a successor is chosen and qualified." There are sure to be legal fights over that language if no winner is declared by Jan. 3, when Pawlenty's term is set to expire. On Wednesday, Pawlenty declared in a statement that "I will continue to serve as Governor until a new governor takes the oath."
The weasel words are "chosen and qualified." Voters chose Dayton, and he would qualify, even if it is a conditional qualification, subject to outcome of a possibly pending recount, one not finalized by Jan 3.
The one certainty, serving in the executive after opening of the next legislative session should be forestalled to Pawlenty. He was not on the ballot. He hence could not be "chosen and qualified" to serve beyond his term of election. Dayton is entitled to an interim occupancy, subject to a possible ouster in the event a recount determines, somehow in some extremely uniikely way, that Emmer was "chosen" and Dayton was not, by balloting. In such an instance the step would be for Dayton to step down and Emmer at that point to assume leadership. But Pawlenty holding over is not "chosen" and was not "chosen" by Emmer voters, or Dayton voters, or Horner voters.
A Pawlenty putsch, attempted during a deliberately dragged-out recount, would be against the spirit of an orderly seccession of one on the ballot, with the most votes, taking office when a two term governor has reached his service limit - the end of his second term.
Surely there is elasticity for debate; and further grist for the mill is the Revisor of Statutes listing statutes arguably affecting "governor" and "governor elect." Here and here.
The only rational result - wrap up the recount by Jan 3. If dilatory litigation is pending, install Dayton in office, subject to and conditioned upon all litigation being wrapped up in a manner consistent with his victory. If anything disenfranchises Dayton's right to hold office into his term, then make the proper substitution. On death or incapacity, the Lt. Guv. steps up; while a reversal of balloting count favoring Dayton, should that unlikelihood happen, would put Emmer in, with his Lt. Guv. ready as needed.
But get rid of Pawlendy for good, he does not belong in any carryover position to wreak havoc.
______________UPDATE_____________
The argument is simply that delaying the orderly installation of Dayton would undermine and in a practical destroy his appropriate power and right to govern, in particular his right to utilize his powers to veto. Or the threat is there, and real and severe enough that, because an orderly progression is proper, impediments need to be recognized and forestalled.
Aside from that and keeping your undivided attention on the recount, and perhaps a spillover concern about Bachmann on FOX, Pelosi and the newbies, Obama and the future of the Bush tax cuts for the wealthy, and of course the glib campaign promises of things made by Republicans, just walk on past this, this and this as non-news. Nothing to see or get concerned over. Just some gentlemen getting together on governing the world, so keep that local focus. Multi-tasking is for the highly educated, after all, the G-20 attendees being that, and ready to tell you so.
Sure you can have a passing curiosity about who exactly makes up and is running " the World Bank, the International Labor Organization, the United Nations Conference on Trade and Development, the Organization for Economic Development, and the World Trade Organization."
But then, let your eyes rest a bit, and back to the essentials.
Hey, how about them Vikings? What do you think of Moss?