A three-judge panel hears arguments Wednesday on Democrat Al Franken's move to dismiss the Senate election contest filed by Republican Norm Coleman.
Franken's attorneys say Minnesota law limits the panel to deciding which party received the highest number of votes legally cast and that Coleman goes beyond that by asking the panel to address alleged irregularities in the conduct of the election and canvass of votes.
Coleman's petition contests the election results by contending that election officials counted duplicate ballots and did not count some improperly rejected absentee ballots.
In addition, Coleman argues that the Canvassing Board erred in determining voter intent on challenged ballots and that some voters who weren't eligible to vote did.
If the panel denies Franken's request, the case is scheduled to go to trial next Monday morning.
The Minnesota Attorney General's office is also asking the three-judge panel to quash the subpoena served on the Secretary of State's recount official Gary Poser.
The AG's office says the subpoena filed by Coleman's campaign subjects a public official to an undue and unnecessary burden.