[RileyD, nwJ]

...skip to ....

The Smoking Gun
Continuing on, the second paragraph below contains the smoking gun the both Campbell and Ruedrich do not want out in the open.

“Reading these provisions together, an overvote occurs if the voter has voted for two candidates with “marks” as defined by subsection. 360(a)(1) that clearly indicate the voter's intent to vote for more than one candidate.11  Because a mark meeting the requirements of subsection. 360(a)(1) cannot be counted unless the voter's intent is clear, we begin by analyzing whether the second mark on each overvoted ballot clearly indicated the voter's intent to vote for a second candidate.”

“Moses argues in favor of a bright line rule that would consider the ballots overvoted without examining voters' intent.   But the terms of the statute itself make voter intent paramount.   The statute requires that before a mark is counted as a vote, it must comply with the requirements under subsection .360(a)(1) and clearly indicate voter intent as required by subsection .360(a)(5).   These terms are mandatory and require strict compliance.12  Contrary to Moses's argument that judicial review of ballots would open a “Pandora's Box,” AS 15.20.510 specifically envisions such a review in a recount appeal, providing that “[t]he inquiry in the appeal shall extend to the questions whether or not the director has properly determined what ballots, parts of ballots, or marks for candidates on ballots are valid.” (boldface italics added for emphasis)

[RileyD, nwJ]

Bottom line:
The statutes and the Alaska Supreme Court’s past reliance upon them favor Joe Miller’s legal position. Now he and everyone else waits to see if the Alaska Supreme Court will once again apply the statutes as written.

[Sacajaweau]

There's a trick to that case...And it's whether the vote could be for this candidate or that candidate.

Our case with Miller is totally different. You have to find the rule that applies and in our case, it's specifically, the spelling rule.

[presently no screen name]

fyi...

[CaptainK]

I wonder how long this thing could drag out.

Hopefully past Jan 3rd so she loses her seniority.

[TheThinker]

Did you see that Norm Coleman urged Miller to give up? Ironic, no?