franken-hedAl Franken won the U.S. Senate contest fair and square. That’s the gist of the Democrat’s 53-page brief filed Monday with the Minnesota Supreme Court.

Franken wants the state’s highest court to affirm the ruling by a three-judge panel that he won the U.S. Senate contest by 312 votes and order that he be issued an election certificate immediately.

“For over four months, the citizens of Minnesota have been represented by only one United States Senator, and the effects of this delay are increasingly significant,” the brief reads.

The issuance of the certificate is key because it would almost certainly allow Franken to take his post in Washington, D.C., while any appeals to the federal courts play out. Republican Gov. Tim Pawlenty has equivocated on whether he would sign an election certificate once the state-court process is completed. He told Minnesota Public Radio last month that he would scrutinize the Supreme Court’s ruling and the strength of Coleman’s case before making a decision.

Coleman’s appeal calls on the state’s highest court to remand the case back to the three-judge panel to deal with purported errors in its initial ruling. The former senator’s brief focuses primarily on varying standards utilized by local election officials in determining which absentee ballots would be counted. It argues that the disparate treatment of ballots is a violation of the Constitution’s equal protection clause. Coleman wants at least 1,359 rejected absentee ballots added to the tally. His appeal also argues that 132 ballots that were lost should not be counted and that some ballots were wrongly counted twice.

Franken’s brief concedes that some mistakes were made by local election officials in determining whether to reject an absentee ballot. “There is, however, no evidence that such errors were deliberate or intentional or that they determined the outcome of the 2008 senatorial election,” the brief reads.

The brief also emphasizes the thoroughness of the legal proceedings before the three-judge panel, noting that it heard from 142 witnesses, examined nearly 2,000 exhibits and considered roughly 20,000 pages of legal documents.

“It was their burden to show that Norm Coleman won a majority of the votes,” said Marc Elias, Franken’s lead recount attorney, on a conference call with reporters this afternoon. “He failed to meet that burden and I would say he failed to meet it by a wide margin.”

Elias expressed confidence that Franken will be seated once the state Supreme Court rules. He dismissed recent comments by Republican National Committee chairman Michael Steele expressing enthusiastic support for Coleman to continue the legal fight in federal courts. “I don’t follow closely what he has to say about the law in Minnesota,” Elias said of Steele.

Oral arguments before the state Supreme Court are slated for June 1. Only five judges will hear the case. Justices Eric Magnuson and G. Barry Anderson have recused themselves because they served on the State Canvassing Board that certified Franken the victor.