It might be 2009, but don’t tell that to Minnesota election officials. They’re still trying to work out the 2008 election for Minnesota’s Senate race and the news continues to worsen for incumbent Norm Coleman in his face-off with SNL alumni Al Franken.

After winning the original election and leading for most of the recount process Coleman has now fallen behind Franken by a mere 49 votes after miracle ballots appeared and the MN Supreme Court ruled against throwing out double counted ballots from Dem-heavy districts. The court’s decision practically insured, and even encouraged, that there’d be a lengthy litigation proceeding which is unfortunate but now necessary to make sure every vote is counted.

However, Senate Dems aren’t ready for election processes and legitimacy to stand in their way:

Minnesota’s other senator, Democrat Amy Klobuchar, has said the man with the most votes after the recount concludes should be seated while legal matters play out.

Since legal matters would extend the recount process it makes no sense to go with “the man with the most votes after the recount concludes.” There are still nearly 1,500 absentee ballots have still yet to be counted the vote could still shift dramatically. Unfortunately, both campaigns have to agree that these uncounted votes were mistakenly left out for them to now be counted.

Should Senate Democrats push for Franken to be seated on Tuesday when Congress reconvenes they’ll still need 60 votes to approve it which won’t be likely as they’ll have at most 58 or 59 if every one of their partying and caucusing members falls inline.

Next week should be very interesting to watch as Congress struggles with its illegitimately appointed IL Senator, the MN vacancy, and their rush plans to push Obama’s $1T stimulus plan before his inauguration.

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