Lawyers for U.S. Sen. Bob Bennett said Monday that ex-convict Cody Judy has no grounds to sue the Republican incumbent over claims that election irregularities contributed to his 626,640-16 loss in November's election.

In a filing at U.S. District Court in Salt Lake City, the attorneys are asking Judge Dee Benson to dismiss Bennett as a defendant in the write-in candidate's suit, saying it "contains no allegations of any action or inaction by Senator Bennett, except to acknowledge Senator Bennett's successful candidacy for a seat in the United States Senate from the state of Utah."

Judy filed suit Dec. 6 against Bennett and state elections officials, alleging that no pencils were provided in voting booths to allow voters to write in a candidate and no lists of "write in candidates available" were posted at polling places.

The Bountiful man is requesting the "modest amount" of $100,000 reimbursement for campaign expenses and a new election for senator to correct these alleged failures.

But Bennett's lawyers say the incumbent won fair and square.

They note that Judy never says he would have won the race if not for the alleged irregularities and makes no claim that he is entitled to hold the office of U.S. senator, meaning there is no violation of his rights.

Judy spent eight years in prison after trying to force Howard W. Hunter, then a general authority in The Church of Jesus Christ of Latter-day Saints, to declare him the true prophet of God by threatening the church official with a purported makeshift bomb during an appearance at Brigham Young University in 1993.

pmanson@sltrib.com