Emmer says lawsuit decision will follow recount

ST. PAUL, Minn. -- Republican Tom Emmer is pushing aside questions about whether he's willing to go to court over the Minnesota governor's race.

Emmer says it's not appropriate to talk about legal action until a recount is over. He trails Democrat Mark Dayton by about 8,700 votes.

A recount is automatic if the margin is less than half a percentage point, as it is expected to be when the results are certified later this month.

Both sides are gearing up for the postelection fight likely to stretch into December and possibly beyond.

And both candidates say they are engaging in a transition process so they will be ready to govern once the winner is declared.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

ST. PAUL, Minn. (AP) - Republican Tom Emmer's attorney says Emmer plans to see a recount through despite trailing Democrat Mark Dayton by almost 8,750 votes in the undeclared Minnesota governor's race.

Emmer attorney Tony Trimble spoke to reporters Monday after Minnesota's largest county certified its vote totals.

Emmer picked up six votes from his election night tally after a suburban precinct rechecked its numbers. Hennepin County makes up one-fifth of the statewide vote.

Unless Dayton's lead grows beyond a half of one percentage point - roughly 10,500 votes - the recount will proceed at public expense.

A schedule calls for the recount of 2.1 million ballots to conclude by mid-December, but there's a possibility litigation could extend the race for weeks or months.

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