Still locked in a bitter recount battle for the right to represent Minnesota in the upper house, Al Franken’s lawyer says he might take the matter directly to the U.S. Senate, which the Constitution allows to be the “Judge of the Elections, Returns and Qualifications of its own Members.”

At issue are “as many as 1,000” discarded absentee ballots that the Franken campaign wants counted.

Franken’s lawyer, Marc Elias, said he would first seek a decision from the canvassing board and the courts.

The Hill:

The U.S. Constitution allows each congressional chamber to be the “Judge of the Elections, Returns and Qualifications of its own Members.” Senate Majority Leader Harry Reid (D-Nev.) called the Board of Canvassers’ decision to not count the absentee ballots “a cause for great concern,” fueling speculation that the Senate would explore the legality of the Minnesota recount’s results.

“If ultimately there is no remedy before the canvassing board or before the courts, then that is certainly an option,” Elias said of appealing to the Senate.

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