Let me start with the fact that my U. S. Senate candidate from Minnesota is already out of the running. I have joked with former Senator Barkley that he should step up and offer to hold the seat until the election is decided. Heck, he has more experience holding a U. S. Senate seat for 8 weeks than any one.
Now, understanding my bias, here is my proposal for future elections. The incumbent will hold the seat until the election results are finalized and a certificate of election is issued. While an election is up the air, this solution provides continuity. For as rare as these close calls are, the occasional incumbent sitting for an extra month or two would be better than an empty seat. The concern is how to legislate this. If the election is still up in the air, the incumbent hasn't really earned an election certificate. Also, the U. S. Senate can refuse to seat an unelected incumbent. These are the issues that need to be addressed in future legislation. This means that true election reform of this issue may require changes at the state and federal level.
I am surprised that this approach hasn't been taken by the Coleman camp. Of course, there is still time. This whole recount reminds me of two men fighting over who gets to keep a lost wallet full of money. I know the rules don't support it, but I sure would like to see a do over here with all of the candidates. I think Senator Barkley could gain quite a few votes in a new election.
Really, I would love to see Minnesota adopt a Fair Vote for Minnesotans with Instant Run-off Voting. It would save millions of dollars in recount expenses or the millions that the candidates in Georgia had to spend in their run-off. It would also help avoid, but not completely eliminate, the possibility of a "virtual" tie. The possibility of a tie exists in almost every election. For that reason, we need some law to ensure continued representation through the election cycle.