Stalling Sen. Franken

Amanda Carpenter | January 05, 2009 10:18 AM

A top GOP senator is making the case that Al Franken cannot be immediately seated by Senate if the Minnesota Canvassing board declares Franken the winner over Republican incumbent Norm Coleman later today.

It appears Republicans could stall Franken for at least a week, which would give Coleman time to advance legal arguments against the board's decision, by employing arcane Senate rules.

National Republican Senatorial Campaign Committee Chairman John Cornyn told Fox News that "The Senate's rules require an election certificate that can't be issued until after 7 days after the canvassing board certifies the recount."

Cornyn said Senate Republicans could also refer the board's ruling to the Senate Rules Committee, much like Senate Majority Leader Harry Reid has said he would do to prevent Roland Burris from filling President-elect Barack Obama's vacated Senate seat.

The Rules Committee, filled by 19 senators, could take up to 90 days to make a recommendation on the fate of either senator.