Miller Takes Case to Alaska Supreme Court

The Huffington Post reports:

JUNEAU, Alaska — Republican Joe Miller is taking his challenge to the Alaska Senate race to the state Supreme Court.

The court confirms that Miller filed an appeal Monday. Arguments are set for Friday.

Last week, Alaska state court Judge William Carey ruled against Miller in his challenge to how the state conducted the election and counted write-in ballots for his rival, Sen. Lisa Murkowski.

Miller faced a Monday deadline for filing an appeal in light of a tight court schedule.

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Judge Rules Against Miller in Alaska

The AP reports:

JUNEAU, Alaska — A judge on Friday ruled against Republican Joe Miller’s lawsuit challenging how Alaska counted write-in votes for rival Lisa Murkowski in their Senate race, delivering a crushing blow to the tea party-backed candidate’s longshot legal fight.

Judge William Carey’s ruling all but ends Miller’s hopes of getting relief in state court. Miller can appeal to the state Supreme Court, and his spokesman said he was mulling the option, but Carey cited past decisions by the high court in his ruling.

The judge said his decision to throw out Miller’s lawsuit wouldn’t take effect until Tuesday to allow time for an appeal.

Miller spokesman Randy DeSoto said there are still outstanding issues “in terms of wanting to get a true and accurate count, and we don’t feel like we’re there yet.”

Murkowski called on Miller to concede, telling The Associated Press: “It’s time to end this. It’s time to say that the election is over.”

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Miller Sues to Prevent Vote Certification

Fox News reports:

ANCHORAGE, Alaska — The GOP candidate in the Alaska U.S. Senate race asked a federal judge Thursday for a preliminary injunction stopping officials from certifying the election.

An attorney for?Joe Miller sought the injunction as part of a previous lawsuit challenging write-in ballots for?Lisa Murkowski, the incumbent senator.

Murkowski on Wednesday declared victory in the race, the first Senate candidate in more than 50 years to win a write-in campaign.

Miller’s lawsuit claims Alaska law requires voters to write in a candidate’s name as it appears on a declaration of candidacy, or the last name of the candidate, to cast valid ballots.

Alaska Lt. Gov. Craig Campbell, who oversees the Division of Elections, has said voter intent would drive acceptance of ballots and that previous court cases had supported that policy. Elections officials have credited Murkowski with ballots that contain minor misspellings.

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Miller Seeks Court Intervention on Vote Counts

Talking Points Memo reports:

GOP nominee Joe Miller is asking a federal judge to keep the state from using discretion in counting write-in ballots in Alaska’s hotly contested U.S. Senate race.

The suit was filed Tuesday, the day before election officials planned to begin counting write-in ballots.

Miller’s rival, Sen. Lisa Murkowski, waged a write-in campaign after losing the primary to Miller. Write-ins lead Miller in initial vote totals, but it’s unclear how many of those write-in votes are for Murkowski.

Miller’s campaign argues the state should be held to the law, which says a ballot oval must be filled in and either the candidate’s last name or the name as it appears on a declaration of candidacy must written in.

The state has said it will use discretion when it comes to misspellings or variations of Murkowski’s name, with officials pointing to case law as their basis for this.

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