Posted on 12/13/2010 2:44:57 PM PST by Hawk720
Republican Joe Miller is taking his challenge to Alaska's U.S. Senate race to the state Supreme Court.
Miller filed his appeal Monday, three days after a lower court ruled against his lawsuit challenging how the state counted write-in ballots for his rival, Sen. Lisa Murkowski. Arguments are set for Friday.
"We have consistently asserted that the law should be followed strictly," Miller said in a statement. "The fact that the Legislature stated that there should be 'no exceptions' to the ballot counting method is what, in our view, should govern this matter."
Murkowski ran a write-in campaign, the likes of which Alaska has never seen, after losing the GOP primary to Miller. The state, relying on case law, used discretion in determining voter intent, allowing for ballots with misspellings to be counted toward Murkowski's tally.
Unofficial results showed Murkowski leading Miller by 10,328 votes, or 2,169 votes, when ballots challenged by Miller's campaign were excluded. Murkowski has declared victory.
(Excerpt) Read more at adn.com ...
“or 2,169 votes, when ballots challenged by Miller’s campaign were excluded”
Seems moot, if a true statement.
“If”
Dana Perino was just of FOX whining that he should give it up because Lisa is a solid conservative. Thank the Bushes for these people.
Take it all the way to the SCOTUS!
ping
The Bush-Axis is screwing us here in Texas also....Speaker Strauss will block all the new Right-Wingers from enforcing immigration.
I've defended Dana on this forum. I'm very disappointed if she's taken this position. She should know better, or I should have known her to be a Bushie-progressive, one or the other. D@mn.
no not moot. if the law is upheld (i.e., the ruling rep class defeated), then we can look at the actual votes and determine if there was fraud. if we can’t get the unlawful votes thrown out, then it really is moot.
great joe. money well spent. not only are you upholding the law. giving your supporters a path to victory (if not this round then the next) and keeping murky off balance as she tries to screw us in this lame duck.
keep up the good work joe!
btw: i got through to mcconnell just now to tell him to stop the larded up obama tax deal and renegotiate for a clean up or down vote on the current tax rates. the aide was still taking messages. it is on the floor right now. please call.
SCOTUS will state out of it as it’s a state matter. They don’t want another Bush v. Gore.
I think they are tell us to F-off. The vote is 79-10 so far.
Even if he does not win, it is not mute if he can slap down the state officials for breaking the law. If we allow lawlessness to continue then we are banana republic.
Go Joe!
time to get on the phone to boehner. never surrender. just keep applying what i call political gravity.
It looks like what is happening is basically two elections for the same office at the same time. I’m sure there must be a law against it. Whatever happened to taking the FIRST total, and finishing the election?
“or 2,169 votes, when ballots challenged by Miller’s campaign were excluded”
Seems moot, if a true statement.
“If”
That’s the final vote count and would be certified had not Miller began the appeals process. But the question becomes of the votes counted did they all meet the letter of the law regarding what is a valid write in name? That is Miller’s basic argument that many of the votes counted failed to meet the letter of the law. We’ll see shortly as I don’t think the AK courts want to delay this process as it would or could impact the senority of Murkowski if she is the one to be seated this next term.
Alaskans DESERVE Lisa. Bunch of idiots still sucking at the government teat.
The gift that just keeps on giving. She joins Tokyo Rove in the treachery.
“or 2,169 votes, when ballots challenged by Miller’s campaign were excluded”
Seems moot, if a true statement.
“If”
+++++++++++++++++
Well, there are many, many problems with this election that could make up that 2,169 also. For instance:
Over 5000 Votes in Alaska’s U.S. Senate Race Not Verified
http://www.freerepublic.com/focus/f-news/2639230/posts
If that many votes are problematic that weren’t even challenged, and there were all those problematic challenged votes, this US Senate race should be recounted under strictly observed rules comporting with existing AK election law.
http://joemiller.us/2010/12/miller-seeks-appellate-review/
Anchorage, Alaska. December 13, 2010 — Today, the Joe Miller for U.S. Senate Campaign filed its Notice of Appeal with the Alaska Supreme Court. The Court has issued an expedited briefing schedule, whereby Mr. Miller’s opening brief is due tomorrow, and the State’s opposition brief will be due on Wednesday. Oral argument on the appeal is scheduled for Friday December 17, 2010. Mr. Miller is appealing portions of Judge Carey’s ruling, including the ruling that essentially modifies state law that previously required write-in ballots to match the candidate’s declaration form, but now, after Judge Carey’s ruling, such ballots will be counted as long as an unelected bureaucrat believes he or she can determine or guess what a voter intended.
Said Mr. Miller, “We have consistently asserted that the law should be followed strictly. The fact that the legislature stated that there should be “no exceptions” to the ballot counting method is what, in our view, should govern this matter. Under the current ruling, there are now over 8,000 exceptions, a result everyone who favors the rule of law should question.”
Miller campaign spokesman Randy DeSoto added, “In order to get a fair and accurate count we need a hand review and count of Joe’s ballots. Lisa Murkowski’s were reviewed and counted in this fashion, but Miller ballots not tallied by the voting machines–due to the ballot not being filled out properly–are not included in his count. With over 255,000 ballots cast (and a less than 1% difference separating Miller and Murkowski in the unchallenged count), this number could be significant. Additionally, we have sworn statements of machines in various precincts not functioning properly. Equal protection under the law requires that Miller’s ballots be counted in the same fashion as Murkowski’s, by hand.”
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