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.
The Court’s decision, as I read it, said the court had no choice based on state law and Federal Court decisions but that “voter intent as could be ascertained” had to be the controlling principle. In order to not disenfranchise any voter and in order to assure equal protection.
The decision spends several well-written pages addressing these topics, with many citations to laws and previous rulings, including Bush v. Gore. The decision strictly and properly ruled votes for Murky invalid when the oval was not filled in.
It is sad that Miller was smug and lazy in his campaign and bad that Murk won, but the blame lies with Miller, not the court.