Cullen Sheehan and Norm Coleman ("Appellants") have appealed the unanimous
decision of the three-judge election contest court ("the District Court"), which, after a seven week
trial, affirmed the unanimous Minnesota State Canvassing Board certification that Al
Franken ("Respondent") received the highest number of votes in the 2008 general election for
the office of United States Senator. Because of the overriding public interest in the expeditious
handling and resolution of this historic matter, Respondent respectfully moves for an order that:
1. The record of the District Court proceedings be provided to the Court by the close
of business tomorrow, Wednesday, April 22, 2008;
2. Briefing be expedited pursuant to the schedule below, so that the case will
be ready for argument twelve calendar days following provision of the
record, or Monday, May 4, 2008; and
3. A date for oral argument be set such that the case will be argued promptly
after briefing is complete.
This motion is made pursuant to Minn. Stat § 209.09, subds. 2 & 4, Minn. R. Civ App.
P. 102 and 126, and the Court's inherent authority.
GROUNDS FOR MOTION
Under the United States Constitution, Minnesota is entitled to be represented by two
United States Senators, Minnesota has been without its second Senator for more than 100 days,
In a trial that lasted seven weeks, Appellants were given every opportunity to make their case to
the District Court In its unanimous decision, the District Court declared that Respondent is
entitled to the certificate of election. Now, because of the important public policy concern of
ensuring that the interests of the citizens of Minnesota are properly represented in Congress, this
appeal should be expedited.
...
1. Expedite the Preparation and Filing of the Record.
...
2. Expedite the Briefing Schedule.
...
Accordingly, Respondent suggests the following briefing timeline:
A. Opening brief of Appellants - Monday, April 27, 2009, five calendar days
after delivery of the record;
B, Opposition brief of Respondent - Saturday, May 2, 2009, five calendar
days after service of the opening brief; and
C. Reply brief - Monday, May 4, 2009, two calendar days after service of the
opposition brief.
3. Set an Expedited Date for Oral Argument. Respondent respectfully
suggests that the Court schedule oral argument now for a date very shortly after the reply
brief is submitted.
More than five full months have elapsed since the November 4, 2008, general
election. More than three months have elapsed since the State Canvassing Board
declared the election result and the United States Senate convened to address the nation's
urgent business. Yet, unlike every other state in the union, Minnesota stands alone with
only a single United States Senator to represent its citizens and respond to their concerns.
While Appellants had the right to challenge the State Canvassing Board's decision before
three judges and now have the right to appeal the District Court's unanimous decision
rejecting their claims, Respondent submits that the overriding public interest in resolving
this dispute promptly requires that this appeal be expedited.
Dated: April 21, 2009
Source: Respondent's Motion to Expedited Schedule via MNCourts.gov [PDF]