Alaska's Joe Miller loses again, this time in state Supreme Court
Jill Burke |
Dec 22, 2010
Five days after taking Joe Miller's election complaints under advisement, the Alaska Supreme Court has ruled unanimously against the failed U.S. Senate hopeful on every count in his lawsuit. "We affirm the decision of the Superior Court in all respects," the justices wrote in an order handed down early Wednesday afternoon. "There are no remaining issues raised by Miller that prevent this election from being certified." In a prepared statement, Miller called the decision disappointing, accused the judges of ignoring the "plain text of Alaska law," and said his campaign was reviewing the ruling and "weighing" its options. In the winner's circle, it was a different story. We're "elated," said Kevin Sweeney, incumbent Sen. Lisa Murkowski's campaign manger, in a prepared statement. “We anticipated today’s decision by the Supreme Court," Sweeney said. “We also anticipate that Joe will continue to pursue his baseless claims in federal court until his money runs out." The ruling eliminates all but one possible obstacle to certifying Murkowski as the winner of the Nov. 2 election. Murkowski, who ran as a write-in candidate, beat Miller by more than 10,000 votes in the general election -- a stunning win in the face of what many considered a nearly impossible quest to keep her seat. After her loss to Miller in the primary, a write-in campaign became the only way for Murkowski to stay in the race.Because state courts aren't the only legal arena Miller has pursued for relief, certification can't occur until a federal court first gives the OK. Miller also lodged a complaint in federal court. In that case -- the first filed by Miller -- U.S. District Court Judge Ralph Beistline put a mandatory hold on certification of the race's results pending review by the lower courts. Last week Beistline signaled his willingness to lift that order once a ruling from the Alaska Supreme Court came in. If Miller decides to keep up the fight, nothing prevents him from waging ongoing challenges after Murkowski is validated by the state as the election winner and sent back to Washington, D.C., Beistline noted. The state of Alaska and Murkowski's attorneys have asked judges at all levels to move swiftly so that the election can be certified by the first week in January, in time for Murkowski to be sworn into office and seated when the next session of Congress convenes on Jan. 5. It's possible that certification could happen even sooner. Miller has until 9 a.m. Monday to appeal the Supreme Court's decision, per a schedule issued late Wednesday by Beistline. The state's reply to any claims Miller may make is due two days later on Dec. 29. Beistline will then take the issue of certification and any remaining legal issues under advisement. During a press conference Wednesday, Lt. Gov. Mead Treadwell, who functions as the overseer of elections, said the senate race's "double overtime" is over. He expected certification to take place sometime between Christmas and the New Year. Miller believes elections officials wrongfully used "voter intent" as a guideline when choosing whether to allow write-in ballots with misspellings and other imperfections to count. He believes that the Division of Elections did not give adequate notice about its time frame to conduct the count. He claims the hand review that write-in ballots undergo gives write-in candidates an unfair advantage. He has also alleged other improprieties, including the mishandling of ballots, poorly kept records about whether voters had been properly identified, and the possibility felons were allowed to vote.
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Miller v Treadwell Decision










