Both Al Franken and Roland Burris pass muster for these requirements.
The XVII Amendment to the U.S. Constitution outlines the popular election of Senators and the authority and procedures required to replace them in case they leave for some reason.
AMENDMENT XVII
"Passed by Congress May 13, 1912. Ratified April 8, 1913.
"Note: Article I, section 3, of the Constitution was modified by the 17th amendment.
"The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
"When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
"This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution. (Author's emphasis) Link
This amendment provided for the popular election of Senators. This is so simple. Elected and appointed Senators should be immune from the actions by the any judicial, authority unless there are violations of state or federal law in the process of appointments.
But the Senate has one slim provision that can be invoked in the case of a real controversy or a contrived political event.
Article I. Section 5 states that: "Each House shall be the judge of the elections, returns and qualifications of its own members" (continues) Link
This provides the Senate with the option of rejecting a prospective member. In point of fact, there have been more than a few challenges to elections, mostly in the House. No Senator has ever been denied a seat as a result of Article I, Section 5.
Seat Al Franken as the United States Senator from Minnesota
Al Franken lost the initial vote count by less than one half of one percent of the total vote. That qualified him for an automatic recount. Minnesota election law clearly specifies a recount process and even states that the recount vote will be different than the initial reported election result: "Once the recount is over, the state elections board certifies the election. The election is over at the point the results are certified."
"The final results as modified, if necessary, by the recount are considered the final results of the election and are certified as final by the canvassing board."
Minnesota Election Recounts: Federal, State, and Judicial Offices
The Uptake.Org reported late Saturday night that final recounting is finished and Franken has a 225 vote lead. The Minnesota Secretary of State commented at a post recount conference Saturday night that any election contest challenging the recount would be futile. He praised the openness and fairness of the recount. At a post recount press conference, Coleman's representatives said they'd recommend a challenge in the form of a Minnesota election contest but indicated that the former Senator (his term expired Jan. 3 at noon) had not reached a decision.
