The Alaska Supreme Court decision is here:
http://media.adn.com/smedia/2010/12/22/13/MillervTreadwell_decision.source.prod_affiliate.7.pdf
It seems strictly decided on Alaska and Federal law, and previous decisions by multiple courts. Note that the Court ruled against Murkowski, denying her about 2000 votes.
It also violates any construction of the Equal Protection requirement of the 14th amendment.
Alaskans will have to figure out how to get rid of their judges though. Not my job.
I read it, can could not find that part. It sounded like a lot of mumbo jumble liberal speak. One ruling relying on a lot of other bad rulings from the past(regardless of the written law).
It never ceases to amaze me that somewhere along the line lawyers manage to bring into law the idea that right or wrong does not matter if it would not affect the out come of who won. So Voting by felons for example(from that ruling) would be perfectly OK unless someone could prove that it would have affected the election(something that would be very hard if not impossible to do). One has to be really sick to accept that as good law. What it really is- Is defining deviancy downward. The legal system in this country has been on such a downward slide. We have now reached the point where innocence and guilt are determined by who you are. We see this in the financial crisis in a big way. If you are a politician or and important big banker then you are above the law and will not be punished by it. IF you are Murkosky or her cronies then you are above it to.
Finally there is this notion that all votes should count no matter what was done wrong because some voter would be disenfranchised. Well you may have the right to vote, but you do not have the right to have it counted if you do it wrong. You see if your vote is counted in a way that you did not intend to vote or if your vote is illegal and is counted then it disenfranchises someone else who did it right. In that case your vote should not be counted.
Funny thing is I saw part of this old Andy Griffith show the other day. I believe it was called “Barney runs for sheriff”. In that show one of them is going to run for election as a write in candidate. And they say that the public would have to be educated on how to spell their name because otherwise the votes would not count. Back then it was accepted as fact. And the people of the past had a TON more sense then people today. That policy was to ensure the fairness of the election. It was reasoned by looking at the whole picture, and who should be penalized for making a mistake. The voter who made the mistake, or the guy standing next to him that did it right. The liberals have truly twisted this country into a banana republic.
I just found that episode on YouTube. The pertinent part is at the end of the first part and beginning of the 2nd part.
http://www.youtube.com/watch?v=iEoBiCydQ5E
http://www.youtube.com/watch?v=KqfWNROysYc&feature=related