This is an interesting article about what may happen
http://wcco.com/election/al.franken.recount.2.858083.html Nov 6, 2008 8:11 pm US/Central
Sen. Margin Continues To Change Throughout Day
MINNEAPOLIS (WCCO) ― The margin in Minnesota's unresolved Senate race just keeps changing throughout Thursday as election officials double-check their figures.
As of 4:55 p.m. Thursday, Republican Sen. Norm Coleman's lead over Democrat Al Franken is 236.
With nearly 2.9 million ballots cast, that's a difference between the top two candidates of about one one-hundredth of a percentage point.
While the race is headed for an automatic recount, Republican Sen. Norm Coleman and Democratic challenger Al Franken have other options to alter the outcome.
The final tally won't be certified until the state canvassing board meets Nov. 18, and an automatic recount awaits.
After a recount, the candidates or any eligible voter can head to court to challenge the way the election was conducted or the votes were tallied. The Minnesota law spelling out the contest raises the possibility of Senate involvement.
"I don't think there is any possibility it will be simply a recount," said Hamline University law professor Joseph Daly. "It is destined for the courthouse and ultimately it is destined for the United States Senate based on this law. There's too much at stake. There's too much vitriol."
Minnesota's race is one of three up in the air nationwide. Races in Georgia and Alaska are also unresolved. All three involve Republican incumbents in a year that has seen Democrats gain five seats already.
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The Minnesota election law envisions Senate involvement.
Once a result is contested in district court -- which must come within a week of the post-recount canvass -- the chief justice of the Supreme Court assigns three judges to hear it. The current chief, Eric Magnuson, is an appointee of Republican Gov. Tim Pawlenty.
Either party in the case can request to inspect the ballots, and three-member inspection teams are appointed. Each party picks one, and the third is chosen by the two or appointed by a judge.
Within 20 days of the initial filing, a trial is held. The court decides who received the most votes and is entitled to the certificate of election. The court can study evidence of election irregularities, but it can't issue findings or conclusions.
Once all appeals are exhausted, either party can ask that the information be forwarded to the presiding Senate officer.
From there, it's up to the Senate to decide how to proceed.
"Ultimately the Constitution gives the Senate the sole power to determine the qualifications of its members," Ritchie said. "In the end, there is no appeal if the Senate makes the decision."