1 No_1784.docx - No federal constitutional or statutory...

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No federal constitutional or statutory mandate requires governor to issue to petitioner, the apparent winner in election for United States Senate, a certificate of election by the date designated by Congress for commencement of newly-elected Senators’ terms. Franken v. Pawlenty, 762 N.W.2d 558 (Minn. 2009). Provision of state election-contest statute mandating issuance of certificate of election upon completion of recount did not conflict with nor otherwise supersede provision precluding issuance of certificate until state courts had finally decided a pending election contest. Franken v. Pawlenty, 762 N.W. 2d 558 (Minn. 2009). State statute that precluded issuance of certificate of election until state courts had finally decided a pending election contest applied to elections for United States Senate; applicability of statute’s contest tolling provision, under which governor refused to issue certificate, was dependent upon existence of a court of proper jurisdiction which could finally determine
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