The Note

Franken Asking Court to Certify Him as Winner

January 13, 2009 5:18 PM

ABC News' Teddy Davis and Ferdous Al-Faruque Report:

Democrat Al Franken is headed to court to demand he get a Senate election certificate after failing to get one on Monday from Minnesota's Republican governor and Democratic secretary of state.

"The recount is now complete, and therefore we believe a certificate should be issued," Franken attorney Marc Elias told reporters on Tuesday. 

Franken's request for an election certificate was rejected because Minnesota state law prohibits certifying an election results while a legal challenge is taking place. 

Elias told reporters on Tuesday that the comedian-turned-politician isn't trying to stop the court case from going forward.

He says Franken should be able to serve in the Senate while the lawsuit moves forward because every state is entitled to two senators under the U.S. Constitution.

"We are not arguing in this petition to mute Coleman's case," said Elias. "All we are seeking is that Minnesotans have full representation in a time of great activity in Washington, D.C."

Lawyers for Norm Coleman, the Republican incumbent, are contesting the result put forward by a state recount panel last week which had Franken on top by 225 votes.

The Coleman campaign quickly reacted, labeling Franken's initial request for certification from state officials "the epitome of arrogance" and his Tuesday request for a court to certify him "a power play."