Franken Lawyers To Court: Throwing Out The Election Is Not A Legal Option

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The Franken legal team has written a letter to the judges in the election case, sharply rebutting the Coleman camp’s new idea to nullify the whole election.

The letter mainly rebuts the Coleman camp’s call to retroactively un-count a number of absentee ballots on a geographically-targeted basis. Team Franken argue that the binding case law says this is not a viable option, and that the court is not allowed to calculate that any illegal ballots favored one candidate over another — that would be relieving Coleman of his responsibilities under the burden of proof.

Then they get to the proposition about throwing the election out:

Contestants’ alternative and even more untimely suggest–that the election be set aside–fails as well. Not only has this remedy been applied primarily when there is evidence of fraud or systemic irregularities…but this Court lacks the authority to set aside the election. Its jurisdiction is limited to deciding which party received the highest number of legally cast votes, and therefore is entitled to receive the certificate of election… Any other remedy lies within the jurisdiction of the United States Senate.

And let’s make no mistake, by the way. After this thing crisscrosses its way through the legal system, the United States Senate is probably where the fight will end up next, in light of the increasing noise from the Coleman campaign that the election is invalid.

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