(Springfield, IL) -- Dan Rutherford is planning to ask a judge to toss out the sexual harassment lawsuit against him. His attorneys will head to court tomorrow to try to convince a judge that there isn't enough evidence to prove Rutherford engaged in any misconduct. The allegations came up a few months ago while Rutherford was trying to land the GOP nomination for governor.

A former employee at the state treasurer's office says Rutherford made unwanted sexual advances toward him during an overnight retreat. He also says Rutherford disciplined him when he refused to do campaign work on state time. Rutherford has shot down the allegations, claiming it was a political attack to kill his campaign, which it did. Rutherford finished last of the four candidates on the primary ticket.