His next step was to declare write-in candidacy. The Kerry campaign went to court and secured a ruling that people were not technically voting for presidential candidates, they were voting for electors.
Thus, write-in votes for Nader would count only if all 21 names of his electors were listed correctly. Never mind that the ballots for Kerry and Bush did not list the names of all 21 of their electors-- only the presidential and vice-presidential candidates.
On one hand, Miller doesn't deserve to win when he can only garner a little over 34% in what is essentially a three-way race. On the other, you simply can't set aside election rules in place because it becomes inconvenient or is an unusual circumstance such as this.
“On one hand, Miller doesn’t deserve to win when he can only garner a little over 34% in what is essentially a three-way race.”
Actually he’s at 35.46% and rising (due to the absentee counts)
http://www.elections.alaska.gov/results/10GENR/data/results.htm