Alaska Supreme Court Rules Against Miller In Senate Race
December 28, 2010 by Special To Personal Liberty
Tea Party favorite Joe Miller is running out of options in his quest for the Senate. On Dec. 22, the Alaska Supreme Court upheld a lower court's ruling that dismisses Miller's claims of impropriety in the state's handling of the ballots for incumbent Lisa Murkowski (R-Alaska).
Miller, a Republican, had until yesterday to plead any outstanding issues he may have with the election results, which unofficially have Murkowski leading by about 10,000 votes. Miller's campaign, however, has challenged the validity of votes in which Murkowski's name was spelled incorrectly. His team claims that the state violated the Elections and Equal Protections clauses of the United States Constitution by choosing which write-in votes to count.
Murkowski entered the race as a write-in candidate after Miller defeated her in the primary election.
Alaska's high court voted 4-0 to uphold the lower court's certification of the election, concluding that "any misspelling, abbreviation, or other minor variation in the form of the candidate's name on a write-in ballot does not invalidate a ballot so long as the intention of the voter can be ascertained," quoted by FOX News.
According to Politico.com, Murkowski's team said the decision clears the way for the Senator to be sworn into the next congressional session on Jan. 5. Miller spokesman Randy DeSoto said that they are "disappointed" by the high court's ruling, and they will weigh their options before deciding to seek further legal action.