In letters the campaign sent to Republican Gov. Tim Pawlenty and Democratic Secretary of State Mark Ritchie, Franken's lawyers argued that a seven-day waiting period for issuing the certificate after an election has passed and he should get the signed certificate. But the state officials said their hands were tied by state law and they could not act.

Franken led Republican Norm Coleman by 225 votes after a statewide recount that was completed Jan. 5.

Coleman is suing over the result, claiming there were irregularities on Election Day and during the recount.

Minnesota law prevents officials from issuing an election certificate until legal matters are resolved. But Franken's legal team argues that federal election law entitles Franken to receive the certificate before the lawsuit is settled.

In a statement, Ritchie said state law requires him and the governor to turn down Franken's request.

"Minnesota law is very clear on when a certificate of election can be issued. Neither the governor nor I may sign a certificate of election in the U.S. Senate race until all election contests have reached a final determination," Ritchie's statement read.

The statement didn't specifically address Franken's argument that federal law supecedes the state law.

Pawlenty echoed Ritchie, saying it is clear the law won't allow him to issue a certificate while the race is being contested in court.

A spokesmen for Coleman had no comment.

By law, a trial on the lawsuit must start within three weeks of its filing, which occurred last Tuesday. It will be heard by a three-judge panel that has not yet been named.

Enlarge By Dawn Villella, AP Democrat Al Franken, seen here speaking to reporters on Jan. 5 at his home in Minneapolis, is asking state officials for an election certificate to allow him to take his seat.