Franken pushes to have lawsuit for Senate seat thrown out
ST. PAUL — Al Franken called Thursday for dismissal of opponent Norm Coleman’s election lawsuit challenging the Senate recount.
The motion for dismissal filed by his lawyers could be argued before a three-judge panel on Friday. It contends that Coleman has failed to meet his burden of proof that would let him to overcome Franken’s 225-vote lead.
Short of full dismissal, the motion said parts of the case should be tossed.
"Having permitted Contestants five weeks to put on their case, the Court should now effectuate the state’s long-standing, declared commitment to expedient election contests," the filing reads. "Judicial efficiency, sound public policy, and statutory intent would all be served by the Court defining what remains of Contestants’ claims at this point."
The motion goes point-by-point through Coleman’s lawsuit and disputes the validity of the former senator’s claims on double-counted ballots and other vote-counting irregularities.
The filing says Coleman has failed to show the vast majority of rejected absentee ballots it included were properly cast. It attempts to whittle the pool of Coleman-requested ballots down to nine, and attaches qualifications to some of those.
Coleman had argued for the inclusion of nearly 3,700 ballots, but his lawyers have acknowledged that the actual number in has dwindled to 2,000 or so.