Posted on 11/19/2010 3:35:52 PM PST by SeattleBruce
Anchorage, Alaska. November 19, 2010 — The Joe Miller Campaign filed its reply memorandum in support of a Motion for Preliminary Injunction yesterday to delay certification of the US Senate Election until a series of voting irregularities, that could affect the ultimate outcome of the Race, are addressed by the Division of Elections (“DOE”). The campaign asked a US Federal Court for the injunction in a pending case which seeks to determine the standard by which write-in votes are counted.
--snip--
Leman stated in his affidavit: “If an election had been held during my tenure as Lieutenant Governor which write-in votes had to be counted, I would have directed the Division Director to follow a strict interpretation of election law, and let a Court direct otherwise if a candidate and the Court disagreed with the Division’s analysis.” He went on further to state: “Under my direction the Division would not have counted a write-in vote or accepted it as valid unless the candidate’s name was written correctly on the ballot, using the last name or the name as it appeared on the candidate’s write-in declaration of candidacy. The Division likewise would not have counted marred or otherwise damaged ballots.”
(Excerpt) Read more at joemiller.us ...
Probably good to quote the whole article to get all the context:
Anchorage, Alaska. November 19, 2010 — The Joe Miller Campaign filed its reply memorandum in support of a Motion for Preliminary Injunction yesterday to delay certification of the US Senate Election until a series of voting irregularities, that could affect the ultimate outcome of the Race, are addressed by the Division of Elections (“DOE”). The campaign asked a US Federal Court for the injunction in a pending case which seeks to determine the standard by which write-in votes are counted.
The Motion argues that the DOE moved the date of the count up and started counting earlier than expected which forced the Miller Campaign to fly many volunteers down to Juneau and prepare them for the vote challenge after the count had begun. “The necessity for volunteer challengers resulted from the fact that the DOE declared a standard other than the Alaska Statute which explicitly addresses what constitutes a valid write-in vote (AS 15.15.360 (11)). To this end, the Motion for Preliminary Injunction included an Affidavit sworn by former Lieutenant Governor Loren Leman, explaining how the DOE’s use of a standard other than the Alaska Statute is a deviation from established protocol that should be followed and therefore a political decision.
Leman stated in his affidavit: “If an election had been held during my tenure as Lieutenant Governor which write-in votes had to be counted, I would have directed the Division Director to follow a strict interpretation of election law, and let a Court direct otherwise if a candidate and the Court disagreed with the Division’s analysis.” He went on further to state: “Under my direction the Division would not have counted a write-in vote or accepted it as valid unless the candidate’s name was written correctly on the ballot, using the last name or the name as it appeared on the candidate’s write-in declaration of candidacy. The Division likewise would not have counted marred or otherwise damaged ballots.”
The affidavit supports the claim by the Miller Campaign that the standard being used for determining write-in votes is a change in practice and is solely the political decision of Lieutenant Governor Craig Campbell, originally an appointee of Governor Frank Murkowski. Campbell has instead decided to place the standard outside the bounds of the law and into the hands of an unelected bureaucrat, the Director of the DOE. This decision was made irrespective of the statute that clearly defines a legal standard for write-in votes, one that is entirely different than that applied by DOE over the past week.
Joe Miller addressed this by saying, “The problem we have here is that the current Lieutenant Governor, originally a Frank Murkowski appointee, has decided that the legislature’s law in this situation doesn’t matter. He has decided to make up his own law which pretty much gives the power to determine what votes should and shouldn’t count to one person (Gail Fenumiai), a person who is unelected and beholden to nobody but him. In doing so, he is establishing the precedent that Alaska’s Division of Elections is accountable to no law. Rather, the DOE will impose whatever standard the current Lieutenant Governor decides to impose, irrespective of statute. The ramifications of this situation go far beyond the current election. If the federal court chooses not to apply the law as written, Alaskans should be resigned to the integrity of elections being decided solely by the Lieutenant Governor’s commitment to the rule of law. In this case, that commitment is in serious question.”
The Miller Campaign will be filing an Amended Complaint and a separate Motion for Preliminary Injunction based on the unequal treatment the ballots received during the vote count. Lisa Murkowski’s were counted by hand, allowing those not automatically tallied by the voting machines to be reviewed and counted. If Miller’s ballots were given the same review, he will likely gain numerous votes.
The Miller Campaign is seeking to ensure that the rule of law is upheld and that every write-in vote is held to the standard defined by state law. The Campaign is asking the court to stay the certification so that all votes cast in Alaska’s U.S. Senate race be held to the same statutory standard.
Just breaking on Foxnews: Federal judge has stopped the certification of Moocowski!
Sweet!
I’m glad he’s fighting this.
Good argument, too. Follow the law. Let’s hope they can get this to an honest judge. Or all the way to SCOTUS, if necessary.
EXCELLENT!!! They’re attempting to change the voting laws not just for this election but forever more.
Go Joe!!!
Could this possibly eventually involve the dreaded 9th Circuit Court? Hope not, hope not, hope not.
“Joe Miller is the Republican nominee for U.S. Senate. Joe is a graduate of West Point and Yale Law School, a decorated combat veteran from the First Gulf War, a former state magistrate and federal magistrate judge.”
In other words, Joe Miller is a fighter, not a quitter.......
Go Joe Go!!
Oorah!!!!
Great news....
People of all communitities need to DEMAND that all elections laws be enforced. If they are bad laws, change them and monitor them. Enforce at all costs.
Kudos for Joe Miller-hope it breaks good for him, get Moocowski out.
The Lt. Governor should have rec used himself because of his office being given to him by Lisa Murkowki’s father. The letter of the law should be followed here. It is beyond me how Murkowski won on a write in when Joe Miller won in the primary so handily! Something really stinks here! Please support Joe Miller financially to fight this injustice.
This is great news for Miller!
Between the bill McCaskill introduced yesterday, (http://www.alaskadispatch.com/dispatches/alaska-beat/88-alaska-beat/7551-sen-mccaskill-set-to-file-8a-reform-bill) to try and get Murkowski in the Democrats debt and the election not being certified, this election cycle is crazy up here!!!
I hope Joe wins! Maybe he’ll show that waste of space Begich how it’s done.
"If an election had been held during my tenure as Lieutenant Governor which write-in votes had to be counted, I would have directed the Division Director to follow a strict interpretation of election law, and let a Court direct otherwise if a candidate and the Court disagreed with the Division's analysis... Under my direction the Division would not have counted a write-in vote or accepted it as valid unless the candidate's name was written correctly on the ballot, using the last name or the name as it appeared on the candidate's write-in declaration of candidacy. The Division likewise would not have counted marred or otherwise damaged ballots."
“Joe Miller is the Republican nominee for U.S. Senate. Joe is a graduate of West Point and Yale Law School, a decorated combat veteran from the First Gulf War, a former state magistrate and federal magistrate judge.”
In other words, Joe Miller is a fighter, not a quitter.......
Go Joe Go!!
Oorah!!!!
I hope the Miller camp can get the state to count the votes correctly!
Maybe this will be the start of a chain reaction in Joe's favor!
The more I see of Miss Lisa, the more I can’t believe she was ever elected. She seems very dimwitted but like so many in politics, she may be only shrewd in deceitful self serving shenanigans.
ARE YOU FRICKING KIDDING ME!! YES!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.