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

http://tpmdc.talkingpointsmemo.com/2009/03/franken-lawyers-to-court-throwing-out-the-election-is-not-a-legal-option.php?ref=fp2

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

By Eric Kleefeld - March 3, 2009, 4:47PM

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:




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.

...by June.

If roles had been reversed, Republicans would have been screaming to seat their boy immediately. And you know what? Democrats would have enthusiastically supported them.

Plus or minus a year.

You're probably right.

:shrug:

There were some activists in Palm Beach who wanted a do-over, but Gore never supported them.

He is such a disappointment.

Remember there is no Federal election. elections are a State action even though they cause the election of Federal Officers. I don't know whether that particular court has authority to suspend an election and request a new one but I am fairly certain that the US Senate has no authority to make any decisions on a State Election. The US Senate could seat Franken though and put an end to it all.

its own members.