Posted on 11/22/2010 8:38:40 PM PST by SeattleBruce
ANCHORAGE (Reuters) - Republican Senate candidate Joe Miller filed suit in Alaska state court Monday challenging the election victory of incumbent Senator Lisa Murkowski and effectively halting certification of results.
Miller’s 21-page lawsuit closely tracks an earlier complaint filed in federal court challenging write-in votes for Murkowski in the Nov. 2 election.
A member of one of the state’s most powerful political families and a senator since 2002, Republican Murkowski had to campaign to get voters to write her name on the ballot after Miller, backed by the Tea Party movement and former Alaska Governor Sarah Palin, defeated her in Alaska’s Republican primary in August.
Miller, who stunned experts by beating Murkowski, claims that elections officials violated state law by interpreting write-in ballots as votes for Murkowski despite spelling and handwriting mistakes.
Murkowski’s camp swiftly issued a written statement saying she would file a challenge of her own.
(Excerpt) Read more at vancouversun.com ...
Miller Campaign Complies with Federal Court Order and Files Suit in State Court
Anchorage, Alaska. November 22, 2010 — Today, the Joe Miller campaign filed suit in state court as directed by federal U.S. District Court Judge Ralph Beistline. Judge Beistline ruled on Friday that the Miller campaign had raised “serious constitutional questions” regarding the manner in which the state handled the ballot counting, and ordered a stay of certification of the election because those questions implicated “serious state law issues.”
The lawsuit presents most of the same issues that were before Judge Beistline. Specifically, because state law forbids the counting of write-in votes that do not match the name of the candidate as set forth in the candidate’s declaration form, and because the state legislature declared that there will be “no exceptions” to this law, the Miller Campaign is challenging the Division of Elections arbitrary decision to ignore this statute. Under the federal Constitution, only the state legislature can establish the voting standards for a senatorial election, and the state judiciary and state executive branch are prohibited, under the Elections Clause, from tampering with the legislative mandates. Nevertheless, the state ignored the legislative statute and instead came up with its own regulations, regulations that have never been applied in 50 years of statewide elections.
Campaign spokesperson, Randy DeSoto said that, “The state of Alaska successfully argued to the Alaska Supreme Court that a voter list had to be provided at each precinct because if the write-in votes were not spelled correctly, the ballot would not be counted. Now, after the election, the state is taking a different position, claiming the law does not really say what the state told the Alaska Supreme Court it did. This duplicity does not speak well for the Division of Elections.”
Joe Miller said, “We have consistently stated that the rule of law has to be followed. The state of Alaska, through its elections division, must respect the law enacted by the legislature. It is not enough that the Lt. Governor personally does not like the law. It is the law until it is amended or repealed by the legislature, and the failure to follow state law shocks the conscience of every voter who thought their vote would be counted in accord with law.” Miller added, “State law is not a lunch menu where the Lt. Governor can pick and choose which laws he likes and will follow and which ones he doesn’t like. Deliberate indifference to the law cannot be condoned.”
Campaign Chief Counsel, Thomas Van Flein, further noted that “we have also raised substantive and procedural concerns arising out of the state’s creation of a new voting regulation that was never publicized, never vetted for public input, and completely lacked an enabling statute. Under the state Administrative Procedure Act, the regulation should be declared invalid, and that is what the Complaint is seeking.”
Good. As expected. Let’s hope he has found a judge who will respect the law, as clearly written.
ping
“Campaign Chief Counsel, Thomas Van Flein, further noted that “we have also raised substantive and procedural concerns arising out of the state’s creation of a new voting regulation that was never publicized, never vetted for public input, and completely lacked an enabling statute. Under the state Administrative Procedure Act, the regulation should be declared invalid, and that is what the Complaint is seeking.”
Alaska Division of Elections: ‘Enabling statute? Enabling statute? We don’t need not stinkin’ enabling statute...’
Even if Joe doesn’t prevail, I hope he ties up Lisa as long as possible. A barrage of ethics lawsuits is what she deserves as well.
I can picture in my head Miller saying all this. I love this guy, and if Alaska don’t want him, he can come take Lugar’s spot here in Indiana.
“Miller has contested 8,159 of those votes and claims that even some of the votes that were written in correctly for Murkowski may be fraudulent.”
Here is the implications of this:
http://www.freerepublic.com/focus/news/2630235/posts?page=190#190
**unsecured ballot boxes,
**other precincts where numerous ballots appear to be in the same handwriting,
**others where there is 100% voter turnout
**and still other precincts where the ballots were sent to the Division of Elections presorted by U.S. Senate candidate.”
**Voter intent not being applied to Miller votes, but only to murky write-in votes.
**complaints of voters that stacks of votes were already in the ballot boxes/containers only 10 minutes into the voting day, and with only a few voters having voted.
If counting “every last vote” was good enough for Stuart Smalley in Minnesota, it’s darn sure good enough for a legitimate candidate like Joe! I’m glad he’s not rolling over.
Makes me like him even better!!
“I love this guy, and if Alaska don’t want him...”
If Alaska will govern by their own law, then Alaska will ‘want him.’ This we fight and hope for.
“Miller is trying to raise money to continue his court battle to overturn the election results.
Senator Jim DeMint, the South Carolina Republican and Tea Party leader, is seeking donations through his Senate Conservatives Fund. DeMint’s website reported it has raised $152,200 to date for the “Joe Miller Recount Fund.”
http://joemiller.us/
http://senateconservatives.com/
Oops, that was a little bigger than I thought it would be.
Good for Joe Miller. I admire his perseverance. Looks to me like the GOP had better get the primary system cleaned up before the next election or there will be more than one surprise when a candidate for office decides not to waste time or money on them and goes straight to the Independent route. Hard to win races when split parties are going for the same voters.
Eh. Time to call in the dogs and p!$$ on the fire. Love his politics and gave him a little money, but he turned out to be a rather weak candidate. Princess Lisa won fair and square. Let’s get her next go-round.
You know...the bold text really isn’t necessary. Are you an attention whore?
I thought it was cool!
The SEIU holding meetings on government time, on government property and telling State employees that they “need to vote for Lisa”, and how to vote for her is “fair and square”? The state election commission changing state law at the last minute to allow printed instructions on how to write in her name to be brought into the polling place, something that was previously illegal is “fair and square”? You have a funny definition.
“Even though she promised to honor the results of the GOP primary, here we are.”
Joe Miller reminds me of Joe Wilson’s famous quote last year: ‘You lie!’
Liar Lisa Murky.
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